Health TEQ Act of 2005
A bill to reduce healthcare costs, improve efficiency, and improve healthcare quality through the development of a nation-wide interoperable health information technology system, and for other purposes.
Also known as Health Technology to Enhance Quality Act of 2005
Legislative Activity
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Sponsor introductory remarks on measure. (CR S8591)
July 21, 2005
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Introduced in Senate
June 16, 2005
Sponsor introductory remarks on measure. (CR S6752-6754)
June 16, 2005
Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (text of measure as introduced: CR S6754-6758)
June 16, 2005
Sponsor introductory remarks on measure. (CR S8393-8394)
July 18, 2005
Sponsor introductory remarks on measure. (CR S8591)
July 21, 2005
Floor Debate
20 membersWhat members said about S. 1262 on the floor
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Floor Debate
20 membersWhat members said about S. 1262 on the floor
Yes. Mr. President, I send an amendment to the desk and ask for its immediate consideration. I ask unanimous consent that the reading of the amendment be dispensed with. Mr. President, this is a…
Yes.
Mr. President, I send an amendment to the desk and ask for its immediate consideration.
I ask unanimous consent that the reading of the amendment be dispensed with.
Mr. President, this is a proposal that has been offered before in the Senate. This is a proposal that was included in the comprehensive Energy bill we passed in the 107th Congress, again in the bill that was passed in the 108th Congress. It sets a standard referred to, generally, as a renewable portfolio standard. It is essentially a requirement that those producing electricity in the country produce 10 percent of that electricity that they sell by 2020 from renewable sources.
The Senate has approved this proposition again and again. As I indicated, in the 107th Congress, we included such a portfolio standard as part of an Energy bill. We had various votes in the Senate that affirmed the Senate's determination that the standard should not be weakened. In the 108th Congress, there was a letter signed by 53 Senators that went to the chairs of the conference on the Energy bill, H.R. 6. Senate conferees went on to approve the portfolio standard and pass it on to the House as part of the Senate action.
Now we have the opportunity to renew our support for this proposal to place it in this bill where we can, hopefully, get broad bipartisan support and get it to the President's desk.
There are good reasons for the strong support that we have seen in the Senate. A strong renewable portfolio standard is an essential component of any comprehensive national energy policy--not just an important part of such a strategy but an essential component.
The benefits are clear and they are many. Let me cite the major benefits: This provision would reduce our dependence on traditional, polluting sources of electricity. It would reduce our dependence on foreign energy sources. It would reduce the growing pressure on natural gas as a fuel for the generation of electricity. It would reduce the price of natural gas. It would create new jobs. It would make a start on reducing greenhouse gas emissions. It would increase our energy security and enhance the reliability of the electricity grid.
The renewable portfolio standard that we are offering--and I have various cosponsors--and I hope we have additional cosponsors before this amendment is dealt with--Senator Coleman, Senator Jeffords, Senator Collins, Senator Dorgan, Senator Cantwell, Senator Feinstein, Senator Reid, Senator Salazar. I believe many other Members in the Senate strongly support this effort.
The RPS we have offered is a flexible and market-driven approach to achieving the various goals I have mentioned at a negligible cost to consumers in this country. According to the Energy Information Administration, the amendment would result in over 350 billion kilowatt hours or 68,000 megawatts of renewable generation between 2008 and 2025. That is enough power generation to supply 56 million U.S. homes. The cost to consumers would be about .18 of a percent or less than one- fifth of 1 percent increase in overall energy prices.
This proposal would require retail sellers of electricity that sell more than 4 million megawatt hours per year to provide 10 percent of that electricity from renewable resources by the year 2020. The requirement would be ramped up in 3-year increments to allow for planning flexibility. The Secretary of Energy would be required to develop a system of credits for renewable generation that could be traded or sold; again, making the program easier to comply with. Utilities could use existing renewable generation to comply with the program or they could comply with the program by buying credits from someone else who is producing renewable energy. New renewable producers could receive the credits to trade or to sell.
The cost of the program to the utilities would be capped by allowing the
Secretary to sell credit at 1.5 cents per kilowatt, adjusted for inflation. As long as the difference between the cost of the renewable generation is less than 1.5 cents per kilowatt hour, the utility could buy or generate renewables. When it reaches or exceeds that price, obviously the cap would kick in, and it would become more cost effective for the utility to go ahead and buy the credits. We also would create a program for the sale of the credits to fund State programs for the development of renewables.
Congress has tried before to spur the development of renewables. In 1978, we passed the Public Utility Regulatory Policies Act, PURPA. That bill required utilities to buy renewables if the generators could meet the avoided cost of the utilities. Cogeneration--that is, the combined use of heat for industrial processes and for generation of electricity--was also eligible. That program resulted in a huge growth of cogeneration. Over half of the new generation that came online in the country during the 1980s and 1990s was from that resource.
It did not, however, do much for renewable generation. These technologies have remained at about 2 percent of total electricity supply for decades now. In other words, PURPA did not work to stimulate development of renewables as we had hoped it might.
Let me put up a chart to make the point of this 2 percent figure to give people an idea of what we are dealing with today.
This shows electricity generation by fuel for the period of 1970 through 2025. Of course, some of that is anticipated. This is from the Energy Information Agency which is part of the administration.
You can see that by far the largest percentage of the electricity we produce in this country is produced from coal. That is the case today, in 2005, as shown by this white line on the chart. That has been the case ever since 1970, and that will be the case in the future. That is true regardless of whether this amendment is adopted or is not adopted.
The next source of power, the next fuel for electricity generation is soon to be--right now it is nuclear but it is very soon to be natural gas. You can see a green line there. It is probably a little hard to see against that blue background on the chart, but there is a green line which goes up pretty dramatically in the future. That is a concern I know all of us who have looked at this issue share. We see the price of natural gas going up a significant degree, because we have more and more of our electricity being produced from natural gas. That puts pressure on the price of natural gas. People who are buying natural gas to heat their homes or their businesses see the cost of their utilities going up because of the increased pressure on that price of natural gas coming from the increased demand for natural gas to produce electricity.
You can see the renewables number down here. The renewables is next to the bottom line, and it is bumping along at less than 5 percent. It is down around 2 percent today. It will increase very modestly.
This chart is a chart of how the Energy Information Agency would expect production to occur absent a renewable portfolio standard. What this amendment will try to do is increase somewhat the amount of electricity we are producing from renewables and, by doing so, decrease the amount of electricity we have to produce from natural gas. This is a way to keep down the increasing cost of natural gas, and it is a way to keep down the increasing price of natural gas as well.
Let me talk about some of the criticism that has been made of this amendment and this approach. Critics of the proposal point to a number of concerns they have. The No. 1 criticism I have heard is it costs too much; also, that States are already requiring development of renewables; and, third, some areas do not have readily available renewable resources. Those are the three major criticisms we hear, so let me respond to each of those.
In response to the argument that it costs too much, I will point to a number of studies of this proposal that have been done over the last several years.
In 2003, I asked the Energy Information Agency at the Department of Energy to look at the effect the standard would have. They found our standard would result in 350 billion kilowatt hours of new renewable generation between 2008 and 2025. That would not happen absent the adoption of this provision. They found the cost would be minimal. The report indicated there would be an increase in the cost of electricity of only one-tenth of a cent in 2025 over projected costs. When combined with the reduction in natural gas prices that would be caused by the RPS, total aggregate cost to the consumer on that consumer's energy bill was projected to be less than one-twentieth of 1 percent.
I have asked the EIA to update this analysis with current conditions, and we have their update. They have sent me a letter which I can put in the Record. Let me cite the most important parts of it. It says:
Cumulative residential expenditures on electricity from
2005 through 2025 are $2.5 billion lower while cumulative
residential expenditures on natural gas are reduced by $2.9
billion, or 0.5 percent. Cumulative expenditures for natural
gas and electricity by all end-use sectors taken together
would decrease by $22.6 billion.
Now, that is their current estimate of what the effect of this provision would be.
The report also indicates the generation of electricity from natural gas would be 5 percent lower if we adopt this RPS than it would be otherwise. It also projects that total electricity-sector carbon dioxide emissions are reduced by 7.5 percent relative to the status quo. They are reduced by 249 million metric tons.
A number of other studies have found positive results, even to the point of reducing overall energy costs. Earlier this year we held a hearing in the Energy Committee on generation portfolios. Dr. Ryan Wiser of Lawrence-Berkeley National Laboratory presented a report that summarized the results of some 15 studies of renewable portfolio standards much like the one we are offering today. All of these studies found that a portfolio standard would reduce natural gas prices. Twelve of the 15 studies projected a net reduction in overall energy bills as a result of the RPS.
The Energy Information Agency report projected that the RPS would lead to a 32-percent lower allowance cost for sulfur dioxide emissions. The cost is not great. So the argument we have heard that this is too expensive a proposition I think does not hold water.
Many have argued that States are implementing renewable portfolio standards and there is no need for a Federal program. It is true that States have taken the lead in pushing for more renewable generation. Eighteen States currently have developed renewable requirements. Three more are soon to begin implementing renewable requirements.
Almost all of these standards are more aggressive than the Federal standard in the amendment I am proposing today. My home State of New Mexico requires 10 percent of electricity produced by utilities in that State to be from renewable sources by the year 2011--not 2020. Mr. President, 2020 is what our amendment calls for. But New Mexico says 2011. California says 20 percent by 2017. Maine requires 30 percent by 2000; Minnesota, 19 percent by 2015.
This will spur the growth of renewables in these regions. There is one thing, however, a State standard will not do. It will not drive a national market for these technologies. If some States have renewable standards and others do not, or if the technologies and requirements vary from State to State, it is impossible for a national market to develop for renewable credits.
This credit trading system is the piece of our proposal that gives the greatest flexibility for compliance. A credit trading system also helps to reduce the cost of compliance by allowing credits for lower cost renewables from one region to be bought by utilities in another region.
Some argue this is a cost shift from the regions without renewable resources to those with renewable resources. I would argue it is a way to spread the cost to all who are seeing the benefits. If States do not have or choose not to develop renewable resources, they still realize the benefits of lower natural gas prices, of lower SO2 allowances, of lower cost carbon
reductions. It is only fair they share the slight increase in cost for generation of electricity that has created these savings.
The argument that many regions do not have renewable generation resources has also been made. While it is true that the best wind, geothermal, and solar resources are concentrated in Western States, the entire country has extensive biomass potential. We have another chart I want to put up here for people to look at.
As Maine and other States have shown, paper production and agricultural processes are available everywhere. If Rhode Island, Pennsylvania, New Jersey, and Maryland can implement aggressive standards, then other States can as well.
This chart makes the case very strongly about where these renewable energy resources are available. You can see that solar, of course, is available everywhere but more prominently in the Southwest. That is shown in the upper right-hand part of this chart. Wind resources are not available everywhere but clearly are in many States, and particularly in the West and the Midwest. That is shown on the lower right-hand part of the chart. Geothermal resources are primarily concentrated in the West, but biomass and biofuel resources are everywhere in the country, and are particularly concentrated in the eastern part of the country. So as these technologies develop, as the markets for these technologies develop, there is an ability to produce energy from renewable sources everywhere.
The environmental benefits are clear. The renewable portfolio standard would result, according to the Energy Information Agency, in a 3.6-percent reduction in carbon emissions in the year 2025. This is a reduction of 31 million tons in that year alone. That reduction is the equivalent to planting 27.5 million acres of trees, an area about the size of Pennsylvania. And this is in one single year.
The RPS also benefits the economy by driving job growth. According to the Union of Concerned Scientists, wind turbine construction alone would result in 43,000 new jobs per year on average. An additional 11,200 cumulative long-term jobs would result from the subsequent operations and maintenance of these renewable facilities.
The Regional Economics Applications Laboratory for the Environmental Law and Policy Center found that 68,400 jobs and $6.7 billion in economic output are a result of renewable energy; wind power creates 22 direct and indirect construction and manufacturing jobs for each megawatt of installed capacity; wind power creates one operation and maintenance job for every 10 megawatts of installed capacity.
A study by the State of Wisconsin found that increased use of renewable energy sources would create three times as many jobs as increased use of traditional fuels for electricity production. U.S. PIRG reports that building 5,900 megawatts of renewable energy capacity in California would lead to 28,000 yearlong construction jobs and 3,000 operations and maintenance jobs. Over 30 years, these new plants would create 120,000 person hours of employment, four times as many person hours as building 5,900 megawatts of natural gas capacity.
According to the AFL-CIO, an estimated 8,092 jobs would be created over a 10-year period for installation and operations and maintenance of wind power in Nevada, and another 19,000 manufacturing jobs.
Support for this concept and this proposal is strong throughout the country. Recent polls have shown that support. A poll by Mellman Associates found that 70 percent of those surveyed nationwide supported a 20-percent portfolio standard. We are not proposing that aggressive a standard. We are proposing 10 percent by the year 2020, which I pointed out is substantially more modest than most of the States have embraced that have gone this route. These results held about the same in States as diverse as North Dakota, Georgia, Missouri, and Arizona.
Environmental groups from throughout the Nation, from the Sierra Club to the Natural Resources Defense Council, from industrial associations to the renewable trade groups and utilities, have all supported the
Mr. President, I will take a very few minutes to respond to some of the points that the Senator from Tennessee was making. We are back on the amendment that I have offered for purposes of debate.
I ask unanimous consent that Senator Obama be added as a cosponsor to the Bingaman amendment.
The first point I would make, in response to the comments of the Senator and my colleague from Tennessee, who has contributed greatly to the development of this overall Energy bill and whose contribution has been very substantial and I very much respect his views, obviously we are in disagreement on this issue, and I will explain some of the reasons why.
First, much of what he said related to big windmills and the fact that this, in his view, is essentially a program that would cause the establishment of more big windmills. He pointed out the reasons why that was unwise.
This amendment is technology neutral. We have been very specific about this. We have said that qualifying renewables include wind, solar, ocean, geothermal, biomass, landfill gas, and incremental hydro power. We have tried to talk about all of the different renewables and make it clear we are not specifying which of these renewables are used by particular utilities to meet this requirement.
It would be up to them, and it would be up to them based on how the various technologies develop. In fact, many utilities have chosen to pursue wind generation because they have found that that was the least costly way to produce energy from renewable sources. Clearly, advances are being made in solar power, advances are being made in biomass, and in various others of these technologies. The purpose of this legislation is to accelerate that.
There is a chart which my colleague from Tennessee put up indicating the other ways in which we are trying to deal with our energy needs in this overall legislation and the other ways in which we are trying to reduce emissions into our atmosphere in this legislation. I agree with all of that. We do have provisions in this legislation to encourage the development of this gas-combined cycle technology and the use of that in our coal-fired powerplants.
I will put up the chart that we had earlier that shows the different sources for our electricity generation as they exist today and as the Energy Information Agency would expect them to exist in the year 2025.
You can see that by far the most significant source of our energy, our electricity generation in this country, is
coal. It has been in the past; it is today; it is going to be in the future. The only question is to what extent does that number, that top line, go up. And, more importantly, to what extent do we see pressure put on natural gas as a source for electricity generation in the future.
But we have provisions in this bill that try to encourage the use of IGCC technology. That is very much in the public interest and I very strongly support that.
We also have provisions in here to encourage more use of nuclear power, more production of electricity from nuclear power. You can see the nuclear line is largely flat coming from today, 2005, out to 2025. It is my hope, just as it is the hope of Senator Domenici and I am sure of many on our committee, you will see that line go up somewhat, as companies are able to see the benefits that are provided in this legislation and look at the cost comparisons, that they will choose to put more resources into production of energy from nuclear sources as well. That is very much to be desired.
But to accomplish our goals, our overall goals for this country and our overall goals for our energy legislation, we need to pursue all available resources. That is why I believe it is important we adopt this amendment, to give that extra push for renewables. The chart from the Energy Information Agency projects very little increase in this line down here, this blue line for renewables, without this renewable portfolio standard in place.
I saw the map of the United States the Senator from Tennessee put up, showing the different States that are doing this. All of that is taken into account by the Energy Information Agency. All of those State renewable portfolio standards are taken into account in their determination that there will still be only very modest, if any, increases in the use of renewables over the next 20 years.
What we are trying to do through this renewable portfolio standard is to increase the contribution from renewables somewhat. I am the first to admit we are not going to solve our energy problems with the use of renewables alone. We have to depend on nuclear power. We have to depend on clean coal technologies. We have to depend on progress in all these areas. But the effect of this amendment I have offered is to give some additional impetus to use of renewables.
Let me make a couple of other points which I think bear mentioning at the same time. I think the Senator from Tennessee suggested that--maybe not the amendment that is currently before the Senate but an earlier version, I believe he indicated, would say you don't get credit for what you do to meet your State standard in order to meet this national standard. Let me be clear. That is not the case. I don't think that has ever been the case in any version I have seen of this amendment, but it is certainly not the case in what we are talking about here. In States where there is a renewable portfolio standard in place--and in almost more cases that is a much more aggressive and demanding requirement than anything we are contemplating here--clearly this standard would be met without any difficulty. This is not an incremental standard above what the State requires. This is an effort to require some effort to be made nationwide and hopefully get us to a nationwide market and demand for these technologies that we are promoting as part of this.
The other big point the Senator from Tennessee was making is this $18 billion cost. He is referring to this letter from the EIA. It does say the cumulative cost to the electric power sector is about $18 billion.
Three bullet points down in that same summary page, it says the cumulative expenditure for natural gas and electricity by end-use sectors, taken together, decreases by $22.6 billion.
What it is saying is the effect would be to decrease what they spend on natural gas and electricity by $22.6 billion at the same time there is the $18 billion to be shifted over in this area. So clearly the whole idea behind this legislation is that the people who are producing, the companies that are generating electricity in this country, will do less of that through use of natural gas, will invest less in natural gas production facilities, or generating facilities, and will invest more in these other areas. That is the purpose of it. We believe that is a good public purpose, a good purpose for us to be promoting in this legislation.
The final point the Senator was making is this is an unnecessary cost to consumers. That is not what I understand the EIA to be saying. The Energy Information Agency says, in a quote out of their letter to me dated the 15th of June:
Cumulative residential expenditures on electricity from
2005 to 2025 are $2.7 billion lower, while cumulative
residential expenditures on natural gas are reduced by $2.9
billion.
That is if this amendment is adopted. So the cumulative expenditures for natural gas and electricity by all end users, taken together, will decrease by $22.6 billion. It is saying, for this 20-year period we are talking about, if we adopt this amendment we will be saving consumers. They, the people who are producing the electricity the consumers are buying, will, in fact, be shifting resources to produce some additional increment of that electricity from these renewable sources rather than from natural gas plants as they otherwise would. But clearly there is a savings here for the consumer, according to the Energy Information Agency, and I think that is clearly to be desired and something we all are hoping will result from this legislation.
Before I yield the floor, let me ask unanimous consent that Senator Clinton be added as a cosponsor. She is available to speak.
Let me ask Senator Domenici, did you want to go back to your side to speak now, or Senator Clinton would like to speak on our side.
We will yield 5 minutes to the Senator from New York.
Mr. President, I yield 5 minutes to Senator Jeffords.
Mr. President, I yield 10 minutes to the Senator from Colorado, Mr. Salazar.
Mr. President, I will defer to Senator Domenici if he wants to do something at this point.
Mr. President, we would like 2 minutes equally divided prior to the vote on the Bingaman amendment. I guess there is no need for 2 minutes before Cantwell because they have a period of time before theirs, but 2 minutes equally divided would be appreciated.
Mr. President, I yield 10 minutes to Senator Dorgan from North Dakota.
I appreciate the concerns of my colleague from Florida. As you know, I continue to push for a renewable portfolio standard because the increased use of renewables can ease natural gas price volatility and
decrease our dependence on fossil fuels and foreign imports. Having said that, differences do exist from region to region and State to State with regard to renewable energy potential. I would like to extend an offer to Senator Nelson of Florida to work in conference to find a method that will enable a renewable standard to accomplish the goal of increasing renewables while recognizing the legitimate differences among States. I acknowledge that municipal solid waste plays a large role in Florida's renewable potential and I would be willing to recognize that potential as part of our discussions in the conference. I believe we can find a way to help each State include a renewable standard as part of their overall energy production, and I am committed to working with Senator Nelson to accomplish this.
Mr. President, I am informed that the Senator from Michigan and the Senator from Washington want to interrupt the remainder of our debate on the Bingaman amendment in order to discuss and do a modification of the Cantwell amendment. I ask unanimous consent that they be yielded whatever time they need to accomplish that and it not count against the Bingaman amendment.
Mr. President, I ask how much time remains on the Bingaman amendment.
Mr. President, I will take part of the time remaining for me to respond to a few of the points made by my good friend from Tennessee and clarify the effect of this amendment as best we understand it. Contrary to what a person might believe by listening to a lot of the debate today, this is not an amendment just about windmills. This is an amendment about trying to stimulate the development of a range of technologies, solar technologies, biomass technologies, wind technologies, clearly, and get the cost of producing electricity from those different technologies down to a more reasonable level. That is the purpose of the legislation.
My good friend from Tennessee says that in his opinion, based on his understanding of the position the Energy Information Agency has taken, this would result in an increase in electricity rates, or electric rates. He reads their analysis and their recent report in a totally different way than I do. It is very clear this does not cause an increase in electricity rates. It causes a decrease. It is clear it does not cause an increase in gas prices. It causes a decrease. It is clear it does not cost the electric power sector more. It costs the electric power sector less than it otherwise would be spending.
Let me talk about this $18 billion he continues to refer to. It does say in
their report that from 2005 to 2025, the renewable portfolio standard has a cumulative total cost to the electric power sector of about $18 billion. Now, that is true. Then it goes down a couple of sentences further on. It says, the cumulative expenditures for natural gas and electricity by all end user sectors taken together will decrease by $22.6 billion. So what it is basically saying is if this amendment is adopted, which I hope very much it will be, there will, in fact, have to be more investment by the utility sector, by the electric power generation companies, in these alternative fuel generation technologies, these alternative energy sources. But it will be more than offset by what they save in fossil fuels and what they save in investment in those other areas.
As far as rates are concerned, it is very clear in this language, and I will read this again. It says: ``Compared to the reference case.'' That means with the amendment. It says: ``The cumulative residential expenditures on electricity from 2005 to 2025 are $2.7 billion lower''--that is with the amendment--``while the cumulative residential expenditures on natural gas are $2.9 billion lower with the amendment.''
Residential expenditures it is talking about. These are the ratepayers that we all represent in our individual States. They are saying that, if this amendment is adopted, it is going to be cheaper for them to pay their gas bills, cheaper for them to pay their electricity bills in the future because, frankly, this will take some of the pressure off the price of natural gas. That is very much to be desired.
Let me read further from their report. They say: ``The increase in renewable generation''--which is contemplated by this amendment--``will lead to lower coal and natural gas generation. By 2025, coal generation is reduced by almost 9 percent, natural gas generation reduced by over 5 percent from their respective reference case levels.'' That is from the level that it would be if we didn't adopt this amendment.
So in my view, this is a very substantial improvement. This legislation, this amendment will be a substantial improvement to the underlying bill which I think is a very good bill. I do not disagree with anything the Senator from Tennessee said about the advisability and desirability of seeing more nuclear power generated in our country, the advisability and desirability of seeing cleaner technologies used in coal production. All of that is in the underlying bill. What this amendment says is let's give an extra impetus to renewable power so that we can get all of the benefit from renewable power that it is reasonable for us to achieve over the next couple of decades.
That is exactly the purpose of the amendment. I think that is what the effect of the amendment will be. We have had the good fortune of passing this amendment before in the Senate. I hope very much we can pass it again this time. It will strengthen the bill, it will persuade the American people that we are trying to move this country in a different direction, as far as its energy future is concerned.
We are not satisfied with just saying that current technologies are adequate. We are not satisfied with saying the current mix of energy sources is adequate. We are trying to get back to more use of American ingenuity and creativeness to produce energy that we do not have to import from somewhere else in the world.
I hope my colleagues will support this amendment. We will have a chance to summarize very briefly the reasons for the amendment. I will have a chance, and my colleague from Tennessee will have a chance, to argue the other side of that argument before we have the vote. As I understand our agreement now, the Senator from Washington is going to have an opportunity to once again argue the merits of her amendment. That vote will occur, I believe, at 2:15. Then, after that, we will have the vote on this RPS.
With that, I yield the remainder of my time to the Senator from Washington.
Amendment No. 784
Mr. President, this is an amendment which says utilities that produce electricity in this country by the year 2020 should ensure that up to 10 percent of their electricity comes from renewable sources. It doesn't specify which renewable sources. It gives them a variety of choices. According to the Energy Information Agency, the $18 billion is more than offset by the savings these utilities will get by not having to invest in additional traditional sources of generation. This will result in a reduction in electricity rates and a reduction in gas rates, according to our own Department of Energy. I believe this is good legislation. I hope my colleagues will support it. It will strengthen this bill and give us a much better energy bill to take to conference.
I ask unanimous consent that Senator Snowe of Maine be added as a cosponsor to the amendment.
Mr. President, I ask for the yeas and nays.
The time has come to move back to this bill. I want to say to Senators it happens frequently, when things are going well, that nobody is very interested in moving along. So we have to push you along…
The time has come to move back to this bill. I want to say to Senators it happens frequently, when things are going well, that nobody is very interested in moving along. So we have to push you along by making sure Senators, or their staffs, understand this has to be a day where we get rid of three or four amendments, including a couple of very important ones that are here for the Senate to consider.
There is a pending amendment Senator Cantwell has before us. We are trying right now to work out a unanimous consent agreement whereby we will move off that amendment and have a time for a vote. Then we will move onto an amendment--we are thinking that will be an amendment by Senator Bingaman--with a time agreement, somewhere around 3 hours equally divided. We will share that with Senator Bingaman and others.
Then there is a third amendment from our side of the aisle which, for the sake of naming it, we will call the DeWine amendment. It is not necessarily the name, but he is one of the Senators. We know he has an amendment. We hope we can lock that in to follow after the Bingaman amendment. We will agree on the time. Then the DeWine amendment will have a certain amount of time after which it will be ready for a vote.
I am thinking with some degree of certainty we will have three votes. That will take us into the evening. We will have this pending amendment, the Bingaman amendment, that he considers very important on the mandate for renewables across the land, and then we will have a DeWine amendment that has to do with the oil cartel.
I am waiting for those who are putting these numbers together to come here because Senators have to be consulted.
If people wonder why this takes a little bit of time, let me explain. We are agreeing to something, but people in the Senate have to agree. So we are checking with them now. The only other way we could do it, you see, for those who wonder where they are, we could have all Senators down here and say, Do you agree with this or that? But we can't do that, so we have this little time interval where we ask the Senate be put into a quorum call and that is what I was going to ask right now.
I would ask the Senator, if he would, give me a little bit of time before he does that and let me see if we can have a unanimous consent agreement locked in so we have some idea how much time you will use, or others.
If you are so generous, I will listen and when I think I am tired of listening to you, I will put up my hand.
I have no objection.
We are grateful. We will have a unanimous consent to take care of today.
Let me just say briefly, if I were President of the United States-- which obviously is beyond the realm of possibility--I would be opposed to this amendment. It is not as if it does nothing to the President. It says, Mr. President, whoever you are--and it obviously will not be this one--tell us how, give us a plan, tell us how you will reduce America's consumption of crude oil by 40 percent by a year certain.
What President would like to do that? What President would think that is a worthwhile effort if he would have to send up some kind of plan at which the whole world would laugh? Our cars would have to be the size of golf carts or we would have to make a breakthrough in the next 10 years, which we have been working on for 40 or 50 years, and we have not made it yet.
The very ones talking about it do not want to even get the oil from ANWR. That is a million of what they are asking for, and it surely would be here by the time their resolution talks about it. What if the President, whoever it is, says: Let's go to ANWR and get a million. Guess what they would say: Destroying the world, getting rid of the environment. But a nice little resolution, nice little bill saying we have a solution to this. We will just be a John F. Kennedy and say our goal is to some way, somehow, cut America's consumption of crude oil from overseas by 40 percent, when it has been going up every year with everything we are trying to do.
In this bill, we are trying what is real. We are challenging all of the technocrats, the technologists, the scientists. We are telling them: Here are resources, find solutions. What superentity would we create in this country and say: Here you are. You are on top
of all this. You prepare this plan. You give it to the President so he can give it to the people. To what end? What would it do? A 40-percent reduction reduces our consumption by 7.2 million barrels. We cannot even get anyone to vote to let America produce 1 million barrels now. If that 1 million would come off 7.2 million barrels, we would still be a huge way away.
Do not misunderstand, this issue is an American issue of high consequence. America is doing everything it can. We did not used to. That is why it is so hard now. We let it get away from us. It will not come back under control with a gaudy, impossible resolution that will sound like somebody has a plan.
I have attempted just to tell the Senate the truth. I have attempted to offer an amendment to this and just up the ante and say if we can do 7.2 million, why don't we do 8.2 or 9.2, and put it in there and say we will vote on a bigger one. Then I thought, maybe I ought to be what I have tried to be on this bill all along, honest and forthright, and as best I could explain to the Senate, we have to do everything we can, with imagination, with vigor, with certainty, with resources, but the kind of things we know we can do, that we know we put our shoulders to it and we work hard.
We are finally coming to the point where Americans do believe it is a big problem. I don't think they are blaming people anymore. It used to be we called the big oil companies up, swear them in under oath--I don't know if the Senator remembers the day we called them up here and had them swear. We said: You are the problem; you are why we are importing all this oil.
Remember those days? They told us everything they could. That hearing went away. What happened? The next year we imported more oil and more oil.
It isn't that the Senator doesn't think we should have an American plan. What we have in this bill is an American plan. Senator Bingaman and I and many others have worked hard to put it together. Some people say it does not do enough as it is. I heard some reporters yesterday commenting. I wondered what they were reading. They said: It doesn't do anything for nuclear. It is the most far-reaching pronuclear set of proposals we will have ever before us. The same commentators said it cost too much money. I don't know where they got the numbers. We have not even spent in this bill. We were given a $2-billion reserve fund. We have not spent all of that yet. I shouldn't have said that because everybody will be down here wanting to spend it, but they have to go through us before they can spend it.
The tax portion is about like the House portion. It is a pretty good bill. It is not a spending bill. When you authorize programs, incidentally, you are not saying we are going to buy them or pay for them. The distinguished occupant of the Chair knows in agriculture you authorize programs, but you do not expect the appropriations to do exactly what you say. You say: This is a program we would like you to think about. That is what this bill does in terms of authorization. Overall, it is a very good bill.
Is the proposed unanimous consent agreement satisfactory?
I ask unanimous consent the Cantwell amendment be temporarily set aside, Senator Bingaman be recognized in order to offer an amendment regarding RPS; provided further there be 3 hours of debate equally divided in the usual form and that following the use or yielding back of time, the Senate proceed to a vote in relation to the amendment and that no second-degree amendments be in order to the amendment prior to the vote.
I yield the floor.
Mr. President, I remind the Senate that we have an hour and a half on our side. I am in control of the time. I am going to yield control of the time to the junior Senator from Tennessee. He will start and use as much time as he wants. Then I will return and use some. I have put the word out, if anybody else would like to speak in opposition to the Bingaman amendment.
With that understanding, I yield the floor and thank the Senator from Tennessee.
Mr. President, I received notice that our Republican leader wishes to speak, he said, at 11:15.
I want to make an observation and see if the Senator from Tennessee will answer it.
The Senator from Tennessee went through all these other ways we could go about cleaning up our air and reducing the carbon emissions. What strikes me is, let's assume we are going to do all those things, because I think we are. I remind the Senator, however, that the $2 billion in there on nuclear--we should all understand, we can produce nuclear powerplants before that ever happens. That is fourth generation. That is getting ready for hydrogen. That is not charged to this, nor is it going to apply.
Nonetheless, take all the rest. Let's assume we are doing them. The interesting thing about this amendment is, if we were doing them and saving carbon emissions, we do not get any credit for that; am I right? We still are going to have this 10-percent mandate for renewables. So let's assume a State 4 or 5 years from now opens a nuclear powerplant. That is as clean as wind, is it not? It is terrific from the standpoint of emissions, but we still have to do the 10 percent, right, the way this approach is; is that correct?
And in every respect, a State will not get any credit for the fact they are doing all these things that move in the direction we want because here sits this mandate that says you do this anyway.
I think that is not right, as I look at it. That confounds me as to why that would be the case. We are urging they do the others, but in some cases, they are going to be mandated to spend this rather extraordinary amount. Once the credit is gone, incidentally, this kind of energy is going to be pretty expensive stuff.
The mandate does not go away. Somebody has to produce it and it has to be charged.
I yield the floor.
THE PRESIDING OFFICER. The majority leader is recognized.
Let me ask, Senator Clinton, are you on some kind of time-sensitive schedule? If you are, I will let you go. How long does the Senator wish to speak?
Mr. President, how much time remains on each side?
I want the Senate to know on our side we do not intend to use as much time as we have, unless other Senators want to speak. Senator Alexander certainly wants some additional time.
Senator Bingaman, I don't know if your side needs the whole amount. We are trying to get a unanimous consent agreement shortly.
As the Senator from New York leaves the floor, let me say right at the offset, the Bingaman amendment is not a goal. If it were a goal, that would be something different. It is a mandate. There is a very big difference between a goal and a mandate. This says exactly what each State is compelled to do with reference to the kinds of energies that are described. When you boil it all down, it means ``wind'' for the time being. It means each State has to have it. And if they do not, they have to pay money to the Secretary of Energy or they have to buy wind-generated electricity from some other State.
While I am on that subject, I would like to put up one little chart. I would like to show this to the Senate. If you look at this map, you can see the white area, in particular the white area down here in the Southeast. The interesting thing is that the white area does not have any source of wind to meet this standard.
It is nice if you are not one of those States. But if you are one of them, it is not very nice because you are sort of wind poor. The other States are wind rich. Under this bill, the States that do not have that have to pay money, either to the States that do produce it for their wind energy or they have to pay money to the Secretary of Energy who uses that for research and technology development in the area of renewables and the like.
We have been on the floor many times when we spoke about issues on coal. I remember when I was a very young Senator, we had a big debate in the Senate about mandating a certain kind of coal be used. The Senate got very excited and hot about it because we were sort of drawing a line between the States and creating a terrible kind of chasm between the States, saying these States are going to be the ``have'' States, these States are going to be the ``have not'' States.
I admit that was a very serious problem, for the clean coal was not going to be used, in spite of it being clean, and the dirty coal was going to be used because we were mandating it. So it was in some ways similar, but it would have been billions upon billions of dollars in the development of resources, so it truly would have divided the country.
This divides us in another way, in a way that I think is not necessary. Let me say from the outset, for those who do not think the Bingaman amendment is the right way to go, they are not coming to the floor in harmony, en masse, saying we do not like wind energy.
Some may, but there are many who think wind energy ought to be developed and we ought to push the frontiers of technology. But no one should think that if we do not adopt the Bingaman amendment, we have a bill that is not going to push the development of renewables. The bill is laden with incentives to produce renewable energy.
As a matter of fact, the tax-writing committee that will bring their bill here shortly, I understand almost all of their allocation of tax reductions, the loss of tax revenues by way of credits or the like, almost all of it will be renewable. As a matter of fact, the very major tax credit that, I might say, is the principal reason wind is being developed at all is extended for 2 years at a very large cost to the taxpayers--maybe $3 billion or thereabouts.
We are pursuing the development of renewable energy led by wind, which at this point is the principal one unless we consider hydro, and I don't think we are considering hydro in any of this debate. It exists, and it has nothing to do with what we are talking about.
What I am suggesting, if the amendment does not pass, we have not abandoned an American approach to pursuing the technology called renewables led by wind in these United States. What we are trying to say is that one shoe should not fit every State. States that can't do this because of the unfortunate situation of nature--they do not have the wherewithal to produce it, or if they had to produce it, they would produce it in places they would not want to produce it because it would not be consistent with another use of that land that is paramount and has a priority to the development of windmills, such as right down the middle of a national park.
Having said that, another point was made by my distinguished friend from New Mexico, Senator Bingaman, who has been a tremendous partner in this bill. He knows on this issue we do not agree, but he understands that on 99 percent of this bill, we will fight for it and win and have an energy bill for the first time that has a lot of good, solid things for the country. My good friend Senator Bingaman said that other States already have these goals. They set their own requirements--not goals, their own requirements. He used the word that they have done so ``aggressively.''
I remind the Senator, and I think I am correct, that those States do not use the same formula for what will make up their portfolio of renewables. I submit, if the Senator would like to amend his amendment and allow the myriad kinds of energy production used in other States to meet their current goals or current mandates, that would be a good bill.
For instance, the State of Pennsylvania has a very aggressive plan. If you think ``aggressive'' means they have a very aggressive wind program that would meet the mandates of this amendment, that is not true. They are using other technologies consistent with their resources, many of which are related to products related to coal. Whatever remains after they use coal is reused, and they produce a clean source of energy that counts toward their goal.
We think nuclear powerplants will be built in the future. It seems it would be appropriate that a State might be given credit for that. We believe there will be very formidable advances in converting coal not only into clean coal but into coal that has the carbon removed that will, indeed, qualify for being as good for cleaning up with reference to the gases we are worried about in global warming as solar. It may end up, and from what I understand, even though it is new technology, it might be cheaper than what we think wind energy will be. It seems to me that is a more sensible approach. Provide a variety, a mix that would make up this 10 percent.
But we should not be causing certain States to pay a very big tax because they cannot produce solar energy. No one calls it a tax, but when someone takes funds out of their consumers' pockets and gives them to some other State, to some other utility in another State, if it looks like a duck and quacks like a duck, it is a duck. It seems to me that the easiest way to talk about this is that it is a tax. I don't think, when we look at all of that, this is the best way to do it.
I don't say this in any way to belittle those who have pursued this with vigor, who think it is a very good approach. Senator Bingaman makes valid arguments. The Senator from Tennessee, particularly in his way of getting to the bottom of things and articulating eloquently about what he has learned, has contributed immensely to learning just what this is all about. As a consequence, I am not at all sure as many people as thought this is a wonderful idea 6 months ago,
if they listen and understand, I am not so sure they would think this particular way to get renewables, led by a renewable called wind, would be the best way to go. I compliment him for that. I am not at all sure enough people are listening if we judge by the attendance in the Senate--and I don't think the people in America should do that. Senators are listening even though they are not here. If we judge on that, of course we will not change any minds.
As I see it, there is good reason to say: Look, we are doing enough right now with this enormous credit. Frankly, I will add to the credit, I will say something that is beyond dispute. We have asked those who gauge and judge, How much wind energy can you produce? What is the maximum that the fabricators of these products, these things you describe, Senator, that someone is building, that we will pay for-- someone is making a lot of money on them right now because of the subsidy. How much could we produce per year for the next 2 or 3 years? The answer has come: You can't produce any more than the tax credit will cause you to produce.
Let me put it another way: This mandate has nothing to do with maximizing the production of wind so long as there is a credit. The credit is going to produce it. In a sense, why do you need both? One would say because of the long-term nature of a mandate versus we have 2 years, maybe 3 years of credits. But in America, the way we ought to look at this, you subsidize the technology so everyone involved can get with it and apply this ingenuity called America and do it better. This very large subsidy ought to surely get us in position where we can produce this wind--if that is what we want to do--that we can produce it cheaper, so the incentive is relevant to the next 8 or 10 years in that respect.
We ought to do better. To some extent, having the 10 percent out there and having the credit out there is a disincentive to maximizing innovation. What is the urgency? How are we sensitizing the marketplace to produce more efficient wind? When you give a tax credit and put a mandate on it, it seems to me whoever is doing it can sit around and say: We have a nice thing going, we do not need to change, just keep on.
I thought the idea was to move technology. It could be you are moving other technology besides wind. But there is a long way to go before you get some of that solar onboard. I don't think this will make that move in the next 10 years unless there is a big breakthrough that I don't believe will be caused by this mandate.
I have some other issues I was going to discuss. I will make a point about States that are already doing something. I call to mind Pennsylvania. One would not think of Pennsylvania as being a State with a lot of wind, producing wind energy, yet they are in red on my chart. That means they have to borrow from my friend, Senator Bingaman, an aggressive policy on renewables. But it is not predicated upon the same requirements of this bill. It is not a huge 10-percent wind component. It is made up of other things.
If we look at each of these States in red and ask which States are meeting this goal in an aggressive manner, and then come to the Senate floor and say how each State is doing it, and then say, Why don't we let any State that wants to do it in all of these ways and meet it--all we have said is if the State is doing it, they get credit. That is what the sponsor says. But we have not said if they do it differently than this in the future, they get credit, as I understand it.
If we have another red State added up here--and I don't think the red and the blue of the last election has anything to do with this map; we don't have blue up there; we have red and white--but if we added more reds before we had this bill, it would not be all wind or renewables as prescribed by this bill. It would be whatever they find meets their test of renewable energy. It seems to me that kind of flexibility would be much better.
What we have is an attempt to saddle the industry and consumers with a hefty price tag to support a limited set of renewable resources.
According to the Department of Energy, only 2.2 percent of total U.S. electricity generation in 2003 was comprised of non-hydro renewable energy sources such as geothermal, photovoltaic, solar thermal, biomass, municipal solid waste and wind plants. This is so despite years of government subsidies and programs to encourage renewable energy.
Of this 2.2 percent total, 44 percent came from biomass generation (mostly at industrial facilities), 26 percent came from municipal solid waste, 16 percent from geothermal waste, 13 percent from wind, and 1 percent from solar technologies.
The RPS focuses on that 2.2 percent of our generation, mandates an increase to 10 percent and essentially imposes a 1.5 cent per kilowatt hour tax on an increasing percentage of each year's retail sales of electricity.
If electric utilities do not build new renewable facilities and have to purchase all their credits from the federal government to meet the RPS mandate, the total cost of the inflation-adjusted RPS proposal is an estimated $190.8 billion in nominal dollars.
That is a worst case scenario estimation, but we must consider that risk when we are deciding whether this gamble on renewable resource mandate is the right thing to do. This proposal is a gamble not worth taking.
Mandating a Federal Renewable Portfolio Standard is an ill advised means of achieving increased renewable resource use.
Any effort to legislate on renewable generation requires realistic targets and due deference to States' rights to make decisions suited to best serve their citizens' needs.
The proposed Federal Renewable Portfolio Standard fails to recognize these principles.
States should definitely encourage their electric utilities to offer retail customers electricity from green energy to the extent it is available and encourage investment in renewable development. Most importantly, States should be afforded the right to develop their own RPS approaches without Federal interference.
States are best able to determine appropriate fuel types, societal costs, consumer protections, and requirements to meet Federal and State environmental regulations.
Today, 19 States and the District of Columbia have their own RPS programs. Others should be afforded the same right to develop an RPS without Federal interference.
The proposed RPS amendment penalizes those States that have already acted to establish a renewable program by requiring them to replace their State program with a new Federal program.
This amendment rewards certain regions at the expense of others. Solar has limited application east of the Mississippi, wind almost no application in the southeast, and virtually all geothermal is located in the West.
We cannot ignore the reality that utilities in some regions cannot meet a renewable mandate because they are not blessed with ample renewable resources.
To ignore this would be to require these to buy credits, forcing many consumers to pay for power they never receive, and would result in massive interregional cash transfers.
Utilities that do not have access to new renewable assets will wind up paying 1.5 cents per kilowatt hour and receive no power--their customers will pay a tax with no benefit and this could have significant costs to establishing competitive markets and to low income consumers where such markets do not exist.
Each State should decide for itself and its own residents the optimal mix of renewable and alternative energy sources.
I certainly advocate state policy makers coordinating choices to maximize regional efficiencies, but I do not support instituting a one- size-fits-all national plan.
States have historically had control over the fuel choices and resource development decisions. Past federal endeavors to meddle in fuel choice mandates have resulted in disasters.
Any effort to legislate on Renewable Portfolio Standards requires due deference to States' rights to make decisions suited to best serve their citizens' needs. This amendment fails to provide that deference.
Another problem with this RPS amendment is that it mandates an arbitrary quota for some renewable energy resources without any justification as to why only a limited set of renewable resources are included as eligible.
At a hearing held by the Energy Committee in March 2005, Dr. Nogee with the Union of Concerne Scientists was asked a Question about the effect an RPM on production from wind power. He explained that \2/3\ of the RPS requirements would likely be met by new wind generation. Mandating mostly wind power when wind power is not mostly available around the country is poor public policy.
Some claim that an RPS would help address emission problems. I don't think that the goal of this RPS amendment is to help lower emissions at all.
If the RPS was truly a device to help lower emissions, why shouldn't companies receive credits for environmental improvement expenditures, like pollution control equipment. The proposed amendment does not include such credit.
If cleaner energy was truly the goal of the RPS amendment, why isn't coal gasification technology or nuclear power credited?
The Energy Information Administration has noted that an RPS will ``have little impact on sulfur dioxide, SO2 or nitrogen oxide, NO2, emission levels.''
If the goal of the RPS was to lower emissions, then a broader array of our renewable technologies--particularly clean coal and nuclear-- should have been included in the category of resources.
For similar reasons, I don't think that the RPS can be legitimately justified as a means to help diversify our fuel needs or reduce dependence on foreign resources. If that were the case, a greater diversity of renewable resources should been included in the category of resources.
More effective and efficient solutions to this problem are available. In response to concerns with over dependence on foreign resources, we should focus our efforts on:
Nuclear power--which is one of our cleanest fuel resources;
Oil and natural gas from Alaska and other regions of the United States;
Coal of which we have abundant reserves; and
New hydroelectric generation--which have zero emissions.
If renewable resources are to become a greater contributor to our power sector, then competitive market forces should be allowed to operate. In order to facilitate the necessary competition, transmission must be available.
One of the barriers to entry for renewable development is the lack of transmission capacity to transmit electricity generated from remote areas long distances.
Before mandating fuel choice, we need to address the real need for improved transmission capacity. A number of the electricity title's provisions are directed at accomplishing this goal.
Renewable energy should be encouraged in a reasonable, effective manner. To that end, there are already extensive Federal and State subsidies in place as well as tax credits that I support.
We all support renewables--what we should not support is Federal command and control of the market in the disguise of help for renewables. Would Senator Craig desire to speak on this issue before we vote?
I yield to Senator Craig to manage time, and then when he leaves, he will give that to the Senator from Tennessee.
Yes. This has been cleared with both sides.
I ask unanimous consent that at 2:15 today, the Senate proceed to a vote in relation to the Cantwell amendment, which will be modified with the changes that are at the desk, which we have seen. I further ask that following that vote, the Senate proceed to a vote in relation to the Bingaman amendment; provided further, that no second-degree amendments be in order to either amendment prior to the votes; and finally, prior to the vote on the Cantwell amendment, there be 30 minutes of debate equally divided in the usual form.
Before the Chair rules, I note that there is no provision for wrap-up debate on the Bingaman amendment.
I ask that that be added to the unanimous consent agreement.
I move to reconsider the vote.
Parliamentary inquiry: What is the regular order?
Parliamentary inquiry, Mr. President. Are we, under regular order, scheduled to move on to another amendment?
Mr. President, I understand the distinguished Senator from Georgia would like to engage in a colloquy with the Senator from New Mexico. For that purpose, I yield to the distinguished Senator.
Mr. President, might I respond by saying to the distinguished Senator from Georgia and the distinguished Senator from Oregon that I would be delighted to work with them and, obviously, with other members of the conference in an effort to do what I can to ensure that each State is treated fairly and that none are penalized by an overly rigid mandate.
I am fully aware of the disparity between States, and I say to the Senator from Georgia and the Senator from Oregon that their States were on the map showing they are the have-not States in terms of wind. They have a lot of other items with which they can meet a standard. Renewable is going to be the test here, and it is going to be difficult.
The Senate has spoken--close vote. We will do what we can in conference. The Senator understands there is no such provision in the House bill. We will do our best to see what we can do to recognize the Senator's position and yet recognize the closeness of the vote and the very severe repercussions on some States.
Mr. President, on behalf of myself and Senator Bingaman, I send a managers' amendment to the desk. It has been agreed to on both sides, is predominantly technical, and
has been agreed to by anyone who has any interest.
Mr. President, I thank the Senator from New Mexico. While both Senators from New Mexico are in the Chamber, all of us appreciate the way they have brought this extremely important bill together. We…
Mr. President, I thank the Senator from New Mexico. While both Senators from New Mexico are in the Chamber, all of us appreciate the way they have brought this extremely important bill together. We know there are a handful of tough issues about which we disagree. Through their leadership, we have a consensus on what is well on its way to being an American Clean Energy Act for 2005, something that will dramatically transform the way we conserve energy, produce energy, and will help us keep our jobs and be more competitive in the world marketplace. That is our goal.
I also believe it will lower natural gas prices. And I thank the chairman and ranking member for their contributions.
At the end of our committee markup, during which the vote was 21 to 1, there were compliments thrown all around. Senator Bingaman said he couldn't remember a party-line vote in all the votes that we had, that we were voting based upon our own individual views and our regional differences. Senator Cantwell said it was not only a clean energy bill, but it was a clean process. But that doesn't mean that when we disagree, we shouldn't disagree. And we have differences of opinion. That is what the Senate is for.
While I respect the other side for what is a high-sounding idea, the idea of a renewable portfolio standard, I believe there is a better way to spend these billions of dollars than the way
suggested by Senator Bingaman, if our real goal is to create an adequate supply of low-cost, reliable American-produced energy.
It is always important to start from the proposition that this is a big country and a massive economy. We use 25 percent of all the energy in the world, and we spend about $2,500 a year per person to produce that. So when we put up a windmill that only blows 20 or 30 or 40 percent of the time, it doesn't matter much in terms of what we do. When we build a new nuclear power plant, which we haven't done since the 1970s, it matters a lot. A windmill would be one of 6,700, but that power plant would be only 1 of 1,300 or 1,400 power plants we have in the country. So it takes quite a bit to affect our energy policy.
There are three reasons I hope my colleagues will vote against the renewable portfolio standard. The first reason is that it is an $18 billion tax. It is a new $18 billion rate increase on the electric ratepayers of America. The second reason is it is an increase in subsidy for a number of people, especially wind developers who already include a huge subsidy of a couple billion dollars over the next 5 years, which the Finance Committee has recommended we increase to $3.3 billion over the next 5 years just for giant windmills. Three, if not technically, it is at least in the spirit of an unfunded Federal mandate, the kind of thing that a lot of us were elected to stop, the idea of coming up with a big idea here in Washington and imposing it on the rest of the country and then sending them the bill.
I was thinking about this: We are all going to be going home in a couple of weeks, having debated the Energy bill and hopefully having passed it, feeling good about it. Our constituents are going to ask: What did you do about high gasoline prices? What did you do about high natural gas prices? What did you do about the possibility of blackouts so my computer wouldn't work and so I wouldn't be safe in my home? What did you do about the fact that China and India and other parts of the world are buying up oil reserves and growing their economies and creating constant pressure on the price of oil? What did you do about that, Senator, while you were in Washington over the last couple of weeks?
I wonder if what we really want to say to our friends who elected us when we go back to Tennessee or Nevada or New Mexico is:
I raised your taxes $18 billion. I put a new $18 billion charge on your electric bill. That is the first thing I did. The second thing I did was I gave an increased subsidy to people who were already getting a lot of money. Windmill developers are making $2 billion over the next 5 years just to put up these giant windmills. We gave them another subsidy on top of that. And then the third thing I did was, since we all get smarter when we go to Washington on the airplanes, we decided that despite the fact that 17 or 18 States are already defining renewable energy sources in their own ways and already trying to meet them and already giving them incentives, we decided we would decide that better. We would decide that from Washington, DC.
While I am not sure about this, at least in earlier versions of the proposal, in a number of cases the credit you got for what you were doing according to your State renewable portfolio standard doesn't count towards your national renewable portfolio standard.
I don't think I want to go home and say to the people of Tennessee that what I did about the growth of China and India and the threat to their jobs and what I did about high gasoline prices and natural gas prices, what I did about blackouts was to add $18 billion to their electric rates, to give a big subsidy to windmill developers, and to put an unfunded mandate on top of what States ought to be doing for themselves.
There are better ways, if our goal is to produce low-carbon or carbon-free electricity, which is what this debate is really all about. This debate is motivated by those who feel most strongly about global warming and about low-carbon and carbon-free electricity. There is a better way to do that, particularly if we have $18 billion. I want to talk about that a little more as we go along.
The Senator from New Mexico, as he always does, gave a very careful and well-reasoned explanation of his points of view. His proposal is a little different from his proposal made in 2003. I want to go through why I said what I said and make sure my point of view is understood.
Let me begin with the idea of the $18 billion. I didn't just pull that out of the air. This is a letter from the Department of Energy in Washington dated June 15, 2005, to Senator Bingaman. He quoted some of it. It talks about a number of things. It does talk about some places where in the whole economy there might be some reductions in expenditures as a result of the RPS based on their monitoring. But it also says the following:
From 2005 to 2025, the RPS has a cumulative total cost to
the electric power sector of about $18 billion. . . . This
cost includes $700 million in payments to the Government for
compliance credits once the price cap is reached and $10.7
billion in payments to owners of customer-sited photovoltaics
that are eligible for triple credits.
In other words, we are going to spend $11 billion in payments for solar power.
Let me start by talking about what we mean when we say renewable energy. Some people get confused about ethanol, renewable fuel, and renewable energy. We are not talking about ethanol. We are only talking about renewable energy, making electricity. There are only a handful of ways to do that that make much difference. Senator Bingaman has defined those very narrowly. Wind is one, giant windmills. Geothermal is another. That is hot water coming out of the ground to heat your home. Hydropower is one, but we exclude hydropower except for very limited new hydropower in this bill. Solar is another, using the sun. And biomass, putting grass and/or other things into coal plants and burning them is yet another.
Today, all of those renewable fuels produce a little over 2 percent of the electricity. Since the 1970s and 1980s, we tried very hard to encourage more. I can remember President Carter 20 years ago setting a goal of 20 percent of solar energy. In 1992, the wind developers said: We can make wind electricity out of wind, just give us a little bit of money to help get started, and then we will be off on our own. That was 1992.
Billions and billions of dollars later, wind is still not very much because that is not the best way to produce carbon-free electricity for an economy of this size, to compound the problem by putting new taxes and new subsidies on the American people at a time when we are supposed to be talking about lower prices. I haven't heard anybody say: I want higher natural gas prices. I want to pay a higher electric bill.
We are talking about higher prices, 18 billion new dollars on your electric rates. And for what? To build tens of thousands of windmills and to spend nearly $11 billion producing what will end up being one- fifth of 1 percent of all of the electricity that we will produce. That would be the solar electricity.
I am all for solar power. I have an amendment for solar power with Senator Johnson that we introduced as part of the Natural Gas Price Reduction Act. It would spend $380 million over the next 5 years for businesses and homeowners who want to use solar power. It would help that industry get started and see if it could go on its own without huge higher costs. But this is nearly $11 billion for solar power to produce one-fifth of 1 percent of all the electricity in the United States.
After solar, tens of thousands of these windmills is the other major expenditure along with biomass. So what we are talking about to begin with is wind and biomass and solar and landfill gas and geothermal, and trying to take that from 2 percent up to 10 percent. To do that, we are going to put an $18 billion tax increase on.
Now, let's go to the second objection I have. That is the size of the subsidy and the people to whom the subsidy is going. I have been doing a little investigating. It is hard to get these numbers down, to try to see how much money we are spending for this kind of fuel, so I could see if we could better spend it some other way. I have noticed that we are spending about 1 percent of our--we have something called the renewable electricity production tax credit. So far, it has been really a tax credit for windmills because solar
hasn't had the chance to take advantage of it. It pays you 1.8 cents for every kilowatt hour of wind power that you produce.
Now, wind has become--according to many of the utilities who buy and sell wind power--a fairly competitive product where the wind blows. Of course, where it doesn't blow, no amount of subsidy will help it. So we have already committed $2 billion in our Tax Code over the next 5 years to subsidize wind producers. And the Finance Committee, yesterday, said they want to add a billion to that. The Finance Committee also said they not only want to subsidize the production of the kilowatt hours of power, they want to loan money so developers can build these giant windmills.
Some people may think I am talking about your grandmother's windmill out by the well somewhere pumping the water.
I will have to make one correction in trying to describe these. I have said only one will fit into the second largest football stadium in America in Tennessee. The Senator from Pennsylvania, Mr. Santorum, reminded me that Penn State is larger than the University of Tennessee, and I stand corrected on that. But even at Penn State, and even at the University of Michigan, which is the largest, or the University of Tennessee, which is third largest, just one of these windmills will fit in the stadium. The rotor blades extend from the 10-yard line to the 10-yard line, and it rises twice as high as the skyboxes, and you can see the red lights from 20 miles away on a clear night. These usually come in groups of 10, 20, or 30 windmills.
This proposal would have the effect of increasing the number of these gigantic windmills from about 6,700, which we have in America today, to 45,000. That is the estimate of the Energy Information Administration. Each of these produces about 1 megawatt of power--or to be accurate, is rated to produce about 1 megawatt of power. The wind only blows 20 to 40 percent of the time, so it only produces about a third of a megawatt of power. Also, you have to take into account the fact that since these often are built in remote places or on top of scenic ridges, then you would build large transmission lines through backyards to carry the electricity to places. And you have to take into account the fact that you cannot close down your coal plant and nuclear plant and your natural gas plant when you put up windmills because people don't want to shut off their computers, stop working, or turn off their lights. They have to have their electricity all of the time, and you don't store power from wind in these amounts to use later.
So the idea that the United States of America would look to the future to keep its jobs and competition with Japan, with China, and with India--our country that uses 25 percent of all the energy in the world--by taxing its ratepayers $18 billion to build tens of thousands of windmills and, as good as solar power is, to spend $11 billion on solar power, which will produce one-fifth of 1 percent of all of the electricity we need in this country--I don't believe, respectfully, it is the best way to spend our money.
The third point is this about the States, and the Senator from New Mexico mentioned about what the States are doing. Someone said, ``Senator Alexander hasn't gotten over being Governor.'' Maybe, in a way, I hope I never do because I don't think you automatically get smarter when you fly to Washington, DC. I know the Presiding Officer goes home almost every weekend. You gain a lot of wisdom while you are at home, and not here. To the extent that it is a good idea for electric utilities to begin to use a variety of different renewable sources, I submit that they are already doing it. They are working hard on it. The Governor of California made a major address the other day about the use of solar power in California.
There are 19 States, plus the District of Columbia, that have some form of RPS today. They have all sorts of different approaches to this. Iowa met its standard in 1999. Connecticut increased its standard in 2003. Texas has a well-regarded standard.
They use different definitions of renewable sources of energy. Maine defines renewable to include pulp and paper waste and black liquor. Pennsylvania has a clean energy portfolio standard that includes waste coal. Connecticut includes fuel cells. The Western Governors Association includes clean coal.
I have a number of examples of how, under Senator Bingaman's 2003 proposal, which I have studied since his new proposal came just today, which I have not studied as closely, but there were a number of cases where the credits at the local utilities would be received under their State plans, but they would not be allowed under the Federal plan. So we would be saying in Washington, DC, we see that in 19 States you have this idea of more renewable energy, but we are going to do that ourselves. We are going to preempt the field, we are going to set the rules, we are going to define it, and we are going to spend $18 billion our way instead of your way. I think that is unwise, Mr. President.
So the three arguments that I make against the Senator's amendment are these:
One, it is an $18 billion new tax on ratepayers to build tens of thousands of windmills and to spend $11 billion on solar power, which would produce one-fifth of 1 percent of all of the electricity we need by 2025. That is not the wisest use of money, and I don't think that is what we want to say to our constituents when we go home.
Second, it adds an unneeded subsidy, especially to wind developers, who we are giving $2 billion already over the next 5 years to build these gigantic windmills, which mars the landscape and only work 20 or 40 percent of the time. The only reason they are being built is because of these huge subsidized incentives.
I predict that if legislation like this passes and we go from 6,700 to 45,000 of these big windmills, you are going to have an uprising in every State of people who don't want to see them and wonder why we are taking $18 billion away from their electric bills and subsidizing things like this.
Third, I trust the States. Nineteen of the States have an RPS, plus the District of Columbia. These are the green ones on the chart, where you see more capacity for renewable fuel. If you put a 10-percent standard on Louisiana or Arkansas or Florida or Tennessee or Virginia, and we cannot meet that standard, what do we do? Our utility just writes a check to the Government under the RPS. It is a new tax, it is a new rate increase, and that is not the kind of thing we ought to be doing.
What should we be doing? Let me go back to my first chart, and then I will conclude my remarks. I like the direction of our bill as it is. You see, I think what our bill, as written, does--and it hasn't been widely noted, and the Senator mentioned this a while ago--it would transform the way we produce electricity in the United States. If we really want carbon-free air, if we want to meet the Kyoto standards, stop the global warming that people are concerned about, you are not going to do it by building tens of thousands of windmills and spending $11 billion on solar panels.
Here is how you will do it: conservation and efficiency. The Domenici-Bingaman bill that is here already would save us from building 45 500-megawatt gas plants just because of appliance standards. The hybrid car incentives coming from the Finance Committee will encourage the buying of 300,000 hybrid cars, resulting in more efficiency, less carbon in the air, and encouraging our auto industry to transform, as many of us hope they will do. If we do that, we should spend another $750 million, not on windmills, but on giving tax incentives to auto plants in the United States that retool to be able to produce hybrid cars. If we give incentives to buy those cars, we want them to be built in Tennessee, Michigan, or elsewhere in this country, not in Yokohama. If we spend a new $750 million for that purpose, which is a recommendation of the National Commission on Energy Policy, it will help to create 39,000 new automobile jobs in the United States.
Senator Feinstein and Senator Snowe have a proposal for energy- efficient appliances and buildings. The cost, over 5 years, is $2 billion. Some of that is in the legislation. But more could be spent on it to great effect. Coal gasification powerplants. We have talked about nuclear, so I will go to nuclear; $2 billion for deployment of
advanced nuclear power plants. Mr. President, if we want carbon-free air, we know how to get it. We get it from nuclear power. Twenty percent of all of our electricity in this massive economy of ours that uses 25 percent of the energy in the world is from nuclear power today.
So why would we subsidize windmills and solar panels instead of spending $2 billion on advanced nuclear power plants? France does it. They are 80 percent nuclear. Japan has one new nuclear plant a year. We have not started one since the 1970s, although we have dozens of Navy ships docking at our ports around the country with nuclear reactors that have never had a problem. So $2 billion for advanced deployment of nuclear power.
Right behind that, waiting in line--and I know both Senators from New Mexico agree with this--is coal gasification in powerplants, along with carbon recapture and sequestration technologies. If this could work, this would back up nuclear power and produce the large amounts of low- carbon or carbon-free energy that not only we need in the United States but that the world needs. If we do it here, they will do it there. If we don't do it, they will not, and they will produce so much pollution and junk in the air that it won't matter what we do because the air will blow around on top of us.
I mentioned solar energy development. I think there should be a substantial increase for solar energy development. The production tax credit, since 1992, has done nothing for solar power. It virtually all goes to wind. But an appropriate amount of money would be, over 5 years, $380 million. That is even more than the Finance Committee recommended. Under the RPS, we are talking about $11 billion collected from increased rates and spent to produce one-fifth of 1 percent of the electricity we need in 2025.
Mr. President, I want low-carbon air. I want to transform the way we produce electricity. But I also want lower electric rates. The Tennessee Valley Authority just raised our rates 7 percent. That is a high rate increase. That means there are some manufacturing plants in Tennessee that are going to think twice about whether the jobs stay here or the jobs go somewhere else. If we start putting new taxes and new rate increases on homeowners and manufacturing plants in Tennessee and around this country in order to build tens of thousands of windmills and this extent of solar power, we will not be taking the wisest course.
I suggest we support the bill as it is written, and to the extent we have dollars, let's spend it on hybrid vehicles, auto jobs, energy efficiency, coal gasification, modest, reasonable solar energy, carbon recapture research, advanced nuclear, and cogeneration projects.
I yield the floor.
Yes, that is correct.
That is my understanding.
That is true. In the case of wind power, it was suggested to the Senators in the early nineties, give us a wind power production credit for a few years and then it goes away. If it goes away and it costs more, the ratepayers will end up paying for that higher cost power.
Mr. President, I am tempted to ask why we should have to raise electric rates in Tennessee to build windmills in North Dakota, even as much as they like them. I would prefer to send every single one of these gigantic public nuisances to North Dakota if they want them. What I object to is raising our electric rates to build them. That is what we are doing. I want to go back over carefully what Senator Bingaman said earlier about the letter, describing his proposal.
The one thing we can be sure about, regarding the Bingaman proposal, is it is a multibillion dollar increase in electric rates on the bills of most Americans. Surely in Tennessee it will be, because here we are, referring to this map. Senator Domenici pointed out the white area on the map. The prior Presiding Officer is from South Carolina and the present Presiding Officer is from Florida. They find themselves here in the white area. There is no wind down there. Now, it is true that under the Bingaman amendment, they might try to make enough electricity from solar or from geothermal or from biomass. But what the letter says is two things. The letter from the Energy Department describing the proposal of the Senator from New Mexico says it will cost an $18 billion increase in electric rates between now and 2025 in order to start making our electricity out of this limited number of ways that we call renewable energy, instead of the way we normally would do it. And if we are not able to do it--if in Tennessee, Florida, or South Carolina we cannot meet the 10 percent with big windmills or solar or biomass or landfill gas or geothermal, then we write a check to the Government. So we pay a tax or we raise our rates or we do both.
Now, the Senator from New Mexico did correctly go back to the letter of June 15 and point out I had said that the letter from the Department of Energy says that, over 20 years, the cumulative total cost of the electric power sector is about $18 billion for this amendment.
We have been having a big argument down here about the Clean Air Act, whether to take the President's version or, say, the Carper version, which I cosponsored. According to the Environmental Protection Agency analysis, the difference is a $5 billion effect on the economy, and everybody was shooting off rockets about that. This is $18 billion.
But the Senator from New Mexico said keep reading the letter. It says:
. . . cumulative expenditures for natural gas and
electricity by all end-use sectors taken together decrease by
$22 billion.
That would look like the net increase was almost nothing.
The problem with that is that assumes the price of natural gas is $5. That also looks at the year 2020. If you go out to 2025 with no RPS, according to the Energy Information Administration, the cost of natural gas is $4.79 and the cost with RPS is $4.79.
What I am saying is, I do not believe we can count on a reduction in the price of natural gas to $5 to offset this $18 billion increase in our electric rates that this amendment will produce.
The Senator from New Mexico is perfectly entitled to say: If you do not believe their estimates about natural gas, why do you believe their estimates about the increase in the cost of electricity? And he would have a point. But I think the one thing we can be sure of about the new mandate of the Senator from New Mexico is that it is a multibillion- dollar rate increase of some number.
We do know in the area where the Senator from Florida lives and where
Mr. President, when I go home on the Fourth of July and my constituents ask what I did about high natural gas prices, high gasoline prices, about our competition with China and Japan and India to keep our jobs, I am going to tell them I voted no on the Bingaman amendment to order utilities to make 10 percent of their energy from a limited number of renewable fuels, because it is an $18 billion electric rate increase over 20 years. At a time of high natural gas prices, high gasoline prices, the last thing we should do is an $18 billion electric rate increase over 20 years.
The distinguished Senator from New Mexico will tell us that it will be offset by natural gas reductions, but that is only if there is a $5 natural gas rate in 2025. One thing we know is, it is a big electric rate increase when we should be reducing prices.
Mr. President, I congratulate the Senator from Colorado for his remarks on energy and for his work on the Energy Committee this year.
The Senator from Colorado is new to the Senate. I have not been here that long myself, but it is refreshing to see him here. I loved it when someone asked, How long have you have been in the United States--12 generations or 13?
So he has the longest lineage--his family does, I believe--of anyone in the territory we now call the United States of America. He has made a terrific contribution on energy. I appreciate his remarks.
We have come a long way in our work on energy over the last couple of years, and while we still have some important differences of opinion-- we saw some of those expressed today--they are differences of emphasis, important differences of emphasis. I don't want to minimize that. For my part, I see us moving toward a different way of thinking about how we produce energy in this country. We have gone from having the lowest natural gas prices in the world to the highest. Gasoline prices are too high. We see that despite all of our efforts to reduce our use of oil, we are still importing more oil than we should. So we need to do things differently.
My formula for doing that is largely representative of the bill that was reported 21 to 1. First, conservation and efficiency. I heard the Senator talk about that. Second, new supplies of natural gas, as well as oil try to get the price of natural gas down for farmers, for homeowners, and for businesses. To do that, unfortunately, we will have to import liquefied natural gas for the next few years. Otherwise, we will be exporting jobs. We can either import some gas or export the jobs, one or the other--that is going to be our choice--so we have an adequate and substantial supply of low-cost American-produced clean energy. We then need to aggressively move on nuclear power, and we aggressively need to--and I believe there is a consensus on this--we aggressively need to explore the best technology for clean coal gasification and to make that work best to see if we can find a way to capture the carbon that is produced and put it in the ground. If we are able to do that, we then will have enough clean energy to run this economy and keep our jobs here as well as set an environmentally good example for the rest of the world. I hope that is the path we are on.
I salute the Senator for his contributions.
Of course.
Mr. President, I rise in support of Senator Bingaman's amendment, the renewable energy standard or, as we have come to know it, the renewable portfolio standard. When we consider the imperative with…
Mr. President, I rise in support of Senator Bingaman's amendment, the renewable energy standard or, as we have come to know it, the renewable portfolio standard. When we consider the imperative with which we deal today in the Senate, we are talking about whether we can get the United States to energy independence, whether we can set America free from being held hostage to the importation of foreign oil from Iran, Iraq, and Saudi Arabia, from those places in the world where for 30 years their stranglehold on America has continued to increase day by day with no end in sight. Energy independence at the end of the day is what we should have a bipartisan consensus on with respect to this legislation.
The legislation which has been prepared by the Energy Committee came together in that kind of a bipartisan fashion, led by Senator Domenici and Senator Bingaman. It is a good piece of legislation that we can improve on. I believe the RPS proposed by Senator Bingaman, which would require that 10 percent of our electric generation come from renewable sources by 2020, is a very modest goal for us to have. Indeed, the experts around this country who talk to us about energy say if we have the will and the courage, we could get up to a much higher amount than 10 percent by 2020. They will tell you that we could get to 40 percent within probably 15 years, 20 years, to 2025. So the proposal that is currently being considered under this amendment is a modest proposal that moves us in the right direction.
In my own State of Colorado, in this last election in 2004, there was a proposal considered by the voters of our State. That proposal on an RPS was adopted by an overwhelming majority of the people of Colorado. What it requires us to do is to get to a point where we have produced 15 percent of our energy by the year 2020. Fifteen percent of the energy of Colorado will come from renewable sources by the year 2020. The Bingaman amendment has a more modest goal at only 10 percent by 2020.
If we can do that amount of renewable energy and meet that standard in my State by 2015, there is no doubt that we can do that with the amendment that Senator Bingaman has offered. My view is that setting America free from its overdependence on Saudi and Venezuelan oil is an imperative for our Nation. We must first conserve and increase efficiency, we must invest in renewable energy resources, we must develop new technologies, and we must pursue a balanced approach to developing domestic energy. This bill does much of that. The amendment that is currently on the floor of the Senate will help us move even further forward on those goals.
The oil savings provision that is already in the Senate Energy bill represents an important, if modest, goal for achieving some measure of independence from foreign oil. But it is, frankly, not enough. I am encouraged by the strong show of support for the Cantwell amendment to raise that bar even further. I am proud to be a cosponsor of her amendment. I believe we need to do more to achieve oil energy savings. But the grave problems we face with respect to long-term domestic supplies of oil are only part of the story. Even if domestic reserves of oil and other fossil fuels were limitless, the way we use hydrocarbons is jeopardizing our way of life. Sooner or later--and I prefer sooner--the people of our great country must embrace the energy challenges of the 21st century and figure out how to produce clean and abundant energy from domestic sources that do not produce carbon or other greenhouse gases and that do not involve recurring problems of intermittent supply from politically unstable and overly hostile regions of the world.
Although we have been encouraging progress in the development of new carbon-free technologies, there is still a lot of work for us to do. Earlier this year I visited the National Renewable Energy Laboratory in Golden, CO, and saw some of the cutting-edge technologies that the scientists there have advanced with respect to wind energy. I saw solar energy collection cells that could double as 20-year roofing shingles and some of the most advanced solar technologies America has developed. Today we produce only about 8 percent of our electric power needs from renewable energy sources, and most of that--approximately three-fourths of the total or 6 percent--comes from hydropower. By contrast, the two most common sources of renewable--solar energy and wind power--account for less than 1 percent of the total electric power.
Why do these sources of renewable energy account for such a small fraction of our electric energy needs, even after three decades of effort? There are at least three reasons to that question. The first is technological, and the second is economic. Both of those are closely related. As new energy technologies have advanced and solar panels and wind turbines have become more efficient, the relative cost of generating electric power from these energy sources has declined. Despite these impressive growth rates, however, and despite decades of research and development, these new energy technologies still suffer from serious engineering and economic drawbacks. Hydrogen fuel cells, despite their promise, are still many times more expensive than an internal combustion engine, and they will require several more decades of research and development to be competitive.
Likewise solar power, even after three decades of research and development, still costs five times as much as coal-fired power. Moreover, there are inherent limits in the quality of the energy these new energy technologies can produce. They are intermittent sources of energy, and they are not always located near a load source. Therefore, investment in transmission infrastructure and advances in control technologies are necessary before renewable energy sources can provide a dominant share of the future energy mix.
The third reason that alternative energy sources claim such a tiny fraction of the energy market is political. We can change that today. Alternative sources of energy must compete in an energy market dominated by hydrocarbons and the industries that profit from those hydrocarbons. I introduced
legislation that would begin to level the playing field and provide tax and other incentives for renewable energy sources. Today the Finance Committee is marking up its tax title which will extend the production tax credit for certain renewable energy sources. Those incentives are extremely important for these relatively immature power industries.
Americans across the country recognize that renewable energy is an important part of our future, and they recognize that Government should be doing more to promote this type of energy. I stand with Americans who have that point of view.
On Tuesday, the White House released a statement that they do not support any kind of renewable portfolio standard. Here is one case where the President and I differ in a fundamental way. I believe the Energy bill should be a way to move us away from foreign oil, away from pollution and towards independence. I do not understand the reason the President is on the other side of this issue. The United States needs to take substantial steps forward with renewable energy. Colorado and all of the West is positioned to be America's innovation hub of the future. That is why the Federal standard of renewable energy development, which Senator Bingaman has proposed, is so important. Investing in these nascent technologies now will significantly improve our ability to produce energy from renewable resources.
But it is just as important for the U.S. Congress to establish a Federal standard, an achievable goal of producing a minimum amount of electric power from renewable energy sources, to establish uniform national goals and an active credit trading market based on those goals.
Other benefits of Senator Bingaman's renewable energy standard are the following: A standard similar to Colorado's 10 percent by 2015 is aggressive enough to stimulate the market and produce widespread and rural economic benefits. Secondly, a 10-percent RPS by 2020 will help reduce natural gas prices by reducing demand for electricity generated from natural gas powerplants. Studies show that consumers will save $9.1 billion on their natural gas bills and $4.4 billion on their electricity bills between now and 2020, for a total savings of $13.5 billion. And third, renewable energy technologies create more jobs, nearly twice as many as in traditional fossil fuel industries. The Bingaman amendment would create about 58,000 new jobs a year for America.
This kind of commonsense approach is something that the American people expect of all of us.
Let me say two final things with respect to the RPS. First, it is going to create a problem for industry and for this Nation to have a haphazard patch of RPSs around the States as they are adopted State by State. Therefore, it would make more sense to have a national standard so that industry can recognize it has to live up to one standard.
Finally, I suggest that to make renewable energy a significant part of our energy portfolio is something that makes common sense because of the national economic security issues that we face, because of the economic opportunities that it will bring to rural America, and because of the fact that we need to deal with this issue that is creating so many problems for us around the world, especially with overreliance on oil from the Middle East.
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I rise to discuss the Energy bill. Before starting my remarks, I want to once again thank Senator Domenici and Ranking Member Bingaman for their excellent work on this bill for the last 5 months. It is a source of great pride for me to see my two neighbors from the South, from the Land of Enchantment, working so well together on such an important issue.
I also want to reiterate my thanks to their key staff, Alex Flint, Judy Pensabene, Lisa Epifani, Bob Simon, and Sam Fowler. Without the work of the staff, we would not have gotten to the point in this legislation where we are today.
I also want to congratulate Senator Bingaman and his staff on their successful inclusion of the RPS amendment. They have done this Nation a great favor.
The Nation has a real problem. When I look at the issues that face America today, I believe the two most significant domestic issues facing America, America's families and America's businesses are health care and the energy crisis of America. Today, this Chamber is addressing the challenge of energy.
The problem can be described in lots of different ways, but it is, in fact, an emergency. In the 1970s, our Nation imported about one-third of our oil needs. Many of us still remember then-President Jimmy Carter talking about the OPEC oil embargo and talking about the energy independence of America being the moral equivalent of war. Yet, since that time during the last 30 years, we have seen continuing reliance and dependence on foreign oil so that today 58 percent of the oil we need is being imported. By 2020, we will be importing 70 percent more of our oil. America today consumes one-quarter of the world's oil supplies but has only 3 percent of the global reserves. Currently, OPEC member countries produce about 40 percent of the world's oil and hold 80 percent of the proven global reserves, and 85 percent of those reserves are in the greater Middle East, including countries that are not particularly friendly to the United States: Iran, Iraq, and Saudi Arabia.
Twenty-two percent of the world's oil is in the hands of state sponsors of terrorism and under U.S./U.N. sanctions, and only 9 percent of the world's oil is in the hands of countries ranked ``free.''
We are importing more oil at a time when other growing nations continue to increase their imports of oil, including China, which is exponentially increasing its oil demand and imports. China's oil imports were up 30 percent from the previous year, making it the world's No. 2 petroleum consumer only after the United States, and there is no end in sight in terms of how this nation of 1.3 billion people will continue to import oil from other places around the world.
Experts predict China's large and rapidly growing demand for oil will have serious implications for United States oil prices and supplies. Fully one-quarter of the U.S. trade deficit today is associated with oil imports, and as we have continued to grow on our overreliance on foreign oil, it is incredible for me to take a look at the statistics with respect to American vehicles. American vehicles today get fewer miles per gallon than they did in 1988.
What that tells us is this Nation has not taken the energy crisis we currently have in a series enough fashion. It is an imperative for us to do so, and this energy bill we are considering today in the Senate is part of our response to try to make sure we live up to the challenges we face in America today.
In my view, the answer to the energy crisis we face is that we must do everything we can to set America free from its overdependence on the importation of foreign oil. Indeed, leading American conservatives and progressive organizations, both Republicans, Democrats, and Independents alike, have come forward with a concern about the security and economic implications of America's growing dependence on foreign oil. These groups have formed a coalition called Set America Free. We should embrace the Set America Free agenda as an imperative for America for energy independence and security.
Since most of the oil and the overwhelming source of known oil reserves lie in one specific region of the world, the Middle East, our national security is held hostage to the whims of despotic or increasingly unstable regions. Ominously, the money we pay for foreign oil helps pay for the activities of extremists and terrorists who hate the United States and the West in general. We need only to recall the horrors of 9/11 to know this hatred is real. Even worse, the money pit grows deeper because as the world consumes more oil, that oil becomes more expensive and the money that keeps some of those regimes in place gets more and more concentrated. So America is held hostage in a tighter and tighter grip. There is only one way for us to fix this. America must embrace an imperative of energy independence and security. We have to set America free.
This energy bill, which is a bipartisan bill, is a good first step. This energy bill that is before the Senate takes some very important steps: an important step in energy conservation, which means we will do more with what we have; an important step in embracing a new ethic of renewable energy for the 21st century, which will help us grow our own energy resources in our country; an important step in developing new technologies that will help us address the energy demands of our Nation and, also importantly, balanced development of existing fuel supplies. These are important steps to lead us to the goal of energy independence and security.
I want to review each of those steps briefly. First, conservation. Energy efficiency is the cheapest, cleanest, and quickest way for our country to extend its energy supplies and to begin to tackle the alarming increases in energy prices we have witnessed in the past few years.
This is far cheaper than any other form of energy, and for a good reason. Energy efficiency is not subject to transmission losses, and it is not subject to fluctuations in the price of fossil fuels or the availability of a renewable resource.
The Energy bill contains a number of very good provisions for conservation. It establishes requirements for energy and water savings in congressional buildings so that we in Congress can tell the rest of the Nation that we also will walk the walk on conservation. It establishes new conservation goals on energy measurement and accountability standards for Federal buildings and agencies all over the country. This is significant, for one of the Nation's largest if not the largest landlords is the Federal Government.
It extends the energy savings performance contracts, ESPCs, for 10 years. These contracts are an excellent mechanism by which the Federal Government is guaranteed to save money
and save energy, savings that can be passed on directly to the taxpayers of America.
The program provides private financing of energy-saving improvements for Federal buildings.
The Senate Energy bill also authorizes or extends energy assistance for State programs, such as weatherization assistance, energy-efficient appliance rebate programs, and grants to States and local governments to create more energy-efficient buildings.
The Senate Energy bill also sets energy efficiency standards for exit signs, for lamps, certain transformers, traffic signals, heaters, lamps, refrigerators and freezers, air conditioners, washing machines, dehumidifiers, commercial ice makers, pedestrian signals, mercury vapor light ballasts, and pre-rinse spray valves. The energy portions of this legislation are a strong indication of the direction in which this country has to head, and that is to be more efficient with the fuel resources that are available for us.
Second, renewable energy--renewable energy is a great opportunity for the United States of America in the 21st century. Nothing is more important in this bill than its call for increased use of renewable energy. I am particularly proud of the people of Lamar, CO. Their efforts to produce clean, renewable energy are a great service to the entire Front Range of Colorado. The efforts in Lamar literally keep the lights on.
This morning, in our Denver Post in Colorado, they talked about the town's efforts to make their voices heard on the Senate floor. I assure you, Mr. President, and all of the people in Lamar, we hear you, and we thank you for your support for renewable energy.
The Energy bill directs the Secretary of Energy to compile a detailed inventory of the Nation's renewable energy resources and also establishes a renewable fuels standard. I am proud to be a cosponsor of the renewable fuels standard provision of the Senate Energy bill.
This amendment calls for 8 billion gallons of ethanol and biodiesel to be produced in America by 2012. This amendment is good for America and good for the environment.
Growing our own transportation fuels directly reduces our dependence on foreign oil. It not only reduces our dependence on foreign oil now, it promises to reduce our imports even more in the near future. The production and use of 8 billion gallons of ethanol and biodiesel by 2012 will displace more than 2 billion barrels of crude oil, and it will reduce the outflow of dollars to foreign oil producers by more than $60 billion.
An important provision of this renewable fuel standard is that it provides incentives for the development of cellulosic ethanol. Current methods of producing ethanol have an energy return of about 35 percent, but cellulosic ethanol, which will soon become economically feasible, will provide as much as 500 percent energy return. And once we are at that point, we will be on the edge of a brand new frontier for domestic biofuel production.
Finally, ethanol and biodiesel are good for the environment. Net carbon dioxide emissions from biofuels are lower than from fossil fuels, because the carbon released during combustion was taken out of the air by the agricultural crops in the first place.
Ethanol and biodiesel are both young industries in Colorado, but I believe that these biofuels are essential to our energy future, and the farmers of Colorado believe that they are a key component of that future. And truth be told, I simply like the idea of growing and harvesting our transportation fuels. It seems to me that this is a true way forward for America.
Third, Technology. The energy bill also includes provisions for the development of Integrated Gasification Combined Cycle plants--IGCC, commonly referred to as gasification. Using this technology, we can extract energy from coal in a much more environmentally responsible way than the pulverized coal plants in use today. IGCC significantly reduces mercury, sulfur, and nitrogen oxide pollution. It uses our most abundant natural resource--coal. And it can be used to fake a synthetic natural gas, which means coal can help drive down the price of natural gas. IGCC can also be used to make fertilizer--fertilizer is normally made from natural gas. The fertilizer industry has been shutting its doors in America, and fertilizer prices have been going up ever since our natural gas prices became so high. IGCC also offers modest gains in efficiency today, and the potential for great gains tomorrow. I think that the steps the energy bill takes towards developing IGCC are good ones. And I it comes at a crucial time.
Although the bill contains good provisions to move forward with gasification for electrical energy production, it does not yet have the necessary incentives for reducing gasoline consumption by motor vehicles.
There are about 800 million cars in active use worldwide. By 2050, as cars become more common in China and India, it will be 3.25 billion.
In America alone, two-thirds of U.S. oil consumption is due to the transportation sector.
These two facts alone tell us that we need greater fuel economy.
I do not believe we are doing enough to promote vehicle fuel economy.
The Energy Future Coalition and Set America Free are promoting the idea of a plug-in, hybrid car that gets 500 miles per gallon. Unless you are a multimillionaire, I imagine you--most consumers in America-- would go for cars that can go 70, 100--500 miles on a gallon of gas. As revolutionary as it sounds, consider that a significant portion of American driving is done over short distances to and from the store or to and from work. With shorter trips powered purely by electrical batteries, the amount of gasoline conserved in America would increase significantly.
This kind of out-of-the-box thinking, combined with solid technological underpinnings, is exactly what America needs to move us forward.
Already a hybrid plug-in car has been demonstrated at over 100 miles per gallon, nearly 4 times our current national fuel economy. Five hundred miles per gallon is a lofty goal, no doubt. But only by setting high standards can we achieve great results and see progress soar.
Let me address balanced development and non-traditional sources of energy in the bill. To pursue energy independence, we must also work to develop our own natural resources. But this development must be done in a balanced and responsible way.
Over the past 2 decades the Rocky Mountain West, including my State of Colorado, has experienced an incredible boom in natural gas exploration and production. This activity has been centered in Western Colorado, also known as the Western Slope.
The exploration and production taking place on the Western Slope is on public lands as well as private lands. With over 60 drilling rigs operating in our state this month--as many as Wyoming--there is tremendous pressure on our local land and communities.
Responsible development, balanced development, means that some places are simply not appropriate for drilling or exploration. Some places are too pristine to allow the potential environmental damage that comes with fossil fuel development. In Colorado, we have the unique Roan plateau, and I do not believe the top of the Plateau should be opened for drilling.
Colorado is also home to the world's best deposits of Oil Shale from which unconventional oil can be derived. Estimates are that over one trillion barrels of unconventional oil could be recovered from the oil shale in Colorado, Utah, and Wyoming. Even a fraction of that amount would be an important contribution to what must be a national priority: lessening our dependence on foreign oil.
Oil shale development has failed in the past due to technical, environmental and economic problems. If we are to successfully develop oil shale we must follow the principle of sustainability; a marathon, not a sprint. Sustainability will focus on the long-term development of oil shale. The development must take place in cooperation with States and local communities. The development must be based on sound economics. We must make sure we have developed oil shale in an environmentally responsible manner.
I am cautiously optimistic that the future of oil shale will include its contribution to lessening the dangerous dependence of the United States on foreign oil. If we do not rise to meet this opportunity, we will only have ourselves to blame when in the years
ahead we look back and wonder what we might have done better to set America free.
There is a component of the energy challenge we face which must be addressed and on which there will be further dialog in this Senate in the days ahead, and that is the issue of climate change. Climate change is happening. The scientists of America agree that climate change is here and that we must address it. The business community of America comes together with companies such as DuPont and GE. They say we must address this issue. As we move forward in the days ahead to complete our work on the energy legislation, it is my hope that we include provisions that address the issue of carbon emissions and global warming.
In conclusion, let me say that when I think back to the greatest generation of time, just like many of my colleagues in this Senate, I think back to my father and my mother, part of that ``greatest generation'' of World War II, where they knew that anything was possible in America and no challenge was too high or too steep to climb as an American nation. That was truly the unique spirit of the American people.
Today, when we face the crisis we are in with our overdependence on foreign oil and our energy crisis, it requires the same kind of spirit we saw in that generation of World War II. It requires the kind of leadership and courage we saw with people such as Abraham Lincoln, who staked the life of the Nation over the Civil War and resulted in the 13th, 14th, and 15th amendments and forever changed our Nation. It requires the leadership and vision and courage of someone such as Franklin Roosevelt, who could lead us through the Depression and prepare us to win World War II. It requires the leadership of people such as John Fitzgerald Kennedy, who said that we could reach the Moon and we could do it within 10 years. That is the kind of boldness we need in this energy legislation to make sure we get rid of our overdependence on foreign oil and that we set America free, not only for our generation but for generations to come.
I yield the floor.
We were here before the United States was here, so 407 years ago.
Will the Senator yield?
Mr. President, I wish to provide a note of commendation for the junior Senator from Tennessee. We have long known his work as Governor of Tennessee, where he worked hard on behalf of land and water issues. It was through his leadership and the leadership of both Democrat and Republican colleagues on the Senate Energy and Natural Resources Committee that we were able to accomplish what is only seldom done in Washington, DC; that is, the production of a bipartisan piece of legislation that is a very good beginning for energy policy framework for the 21st century. I acknowledge the great contributions to that effort on the part of Senator Alexander and all the members of the Energy Committee. I thank the Senator.
I yield the floor.
Mr. President, I would like to speak to the pending amendment, the Cantwell amendment, if it is appropriate, unless the chairman has some other business he wants to raise at this point? Maybe I could…
Mr. President, I would like to speak to the pending amendment, the Cantwell amendment, if it is appropriate, unless the chairman has some other business he wants to raise at this point?
Maybe I could make an alternative suggestion to the chairman. I will speak until I receive a signal from him that he wants to speak for any reason.
It will then be a very short speech, I am sure.
I hate to live under that standard, but I will proceed nevertheless, at my peril, to discuss this bill.
This 800-page bill is our energy bill. We have been working on it for years. No one has worked harder than the Senator from New Mexico. This Republican Senator has joined with the Democratic Senator from New Mexico, Senator Bingaman, and they have produced a bill which in many respects is a good bill. If this bill were presented to me today to vote on, I would vote for it because I think there are so many positives here. It not only is good in itself, it is certainly good in comparison to what the House has produced. The House of Representatives has produced a grab bag of incentives and benefits to energy producers that doesn't get to the heart of the question: What is the best energy policy for America, for our children and grandchildren? What is the long-term view of America, when it comes to energy?
Senator Dorgan of North Dakota asked a question of the administration when they came to testify on this bill. He said, You look forward 30 or 40 years on Social Security and say we have to be prepared. What are you prepared to say will be our energy policy in 30 or 40 years? What should we be aiming for?
The simple answer was they couldn't answer it. They had no long-term energy policy. There is one thing we know will happen, unless we change course from where we are today. Each and every day of every month of every year for at least the next 20 years, we will become more dependent on foreign oil. Today, 58 percent of the oil consumed in the United States comes from overseas. That number has grown dramatically. In 1973, that number was 28 percent. So in 32 years we have more than doubled our dependence on foreign oil. We all need it: to fuel our cars, trucks, businesses--the economy of America. So the obvious question is, Is this something that should concern us? I think it is clear on its face it should.
As we become increasingly dependent on Saudi Arabia, the OPEC cartel, Iraq, Iran, Libya, and so many other countries for our oil sources, frankly, we are surrendering some of our freedom and control of our own future. If we lessen our dependence on their foreign oil, it strengthens our economy. Less money is going overseas to buy oil. More money goes into the United States. There is less dependence on what happens.
Saudi Arabia is a country we ought to take a close look at because we depend on it so much. Saudi Arabia is a royalty. It is a kingdom. It is a government which, on any given day, we are either embracing because they provide us with oil or admonishing because they are doing things as a matter of policy that are inconsistent with American values. How much longer do we want to be joined at the hip with Saudi Arabia? How much longer do we want to wait for these sheiks and princes to decide how much oil they will release from their country and directly impact the cost of gasoline in America?
I think the answer is very clear. The sooner we move toward independence, the more secure America is, the less dependent we are on Saudi Arabia and other countries. The pending amendment by Senator Cantwell of Washington sets a goal for America. I think it is a goal that can be reached by people of good faith on both sides of the aisle who are prepared to accept the challenge.
Here is the challenge: Can we, over the next 20 years, reduce our dependence on foreign oil by 40 percent? It is a challenge. It is not as great a challenge as putting a man on the Moon, but America did that. It may not be as great a challenge as the Manhattan Project, when President Franklin Roosevelt said develop an atomic bomb that will end World War II, but we did that. I am confident, with the creativity and ingenuity of America, we can meet this challenge--40-percent reduction in dependence on foreign oil over the next 20 years. That is the pending amendment.
You would think most Senators would say: Fine, let's accept the challenge. Let America rise to this challenge and meet it. But sadly, if you listen to the debate, primarily from the other side of the aisle, that is not what we hear. We hear, instead: Oh, this is too big a challenge for America. We can't do that. The technology isn't there. We would have to change the cars we are driving. We would have to challenge Detroit and automobile manufacturers to build more fuel- efficient vehicles. They say that is impossible, America cannot meet that challenge, and they oppose the pending amendment.
I would say from my point of view this should be a bipartisan challenge we all accept. There are people who love their SUVs. I understand that. But I think we can say to Detroit, you can, and we know you can, produce a fuel-efficient vehicle that is safe and meets the needs of America, our families and our businesses. But to continue to build cars larger and heavier, that get fewer and fewer miles per gallon, is to increase our dependence on oil, particularly foreign oil, and our addiction to this source of energy. I think we can do better. I think the amendment offered by Senator Cantwell of Washington does establish that challenge for us.
I personally believe we should do something about the fuel efficiency of the vehicles we drive. Do you know it has been 20 years since we held Detroit responsible for reducing the amount of fuel that you consume to travel a mile in America? For 20 years we have stepped out of the picture, and what has happened in the meantime? The fuel efficiency of vehicles in America has gone down, down, down. People drive these Hummers. Have you ever seen them? I personally think if you want to drive a Hummer, you ought to join the Army. People want them and get 5 or 6 miles a gallon and Detroit keeps churning out these big, heavy cars.
From my point of view, we ought to step back as a nation and say, isn't it worth something for us to have more fuel-efficient vehicles so we don't get drawn into foreign conflicts over oil? It is more important to me to drive a sensible car and to spare someone's son or daughter from serving in the military in the Middle East in a war. That is not a great sacrifice on my part. And it is certainly a great reward, when we have fewer and fewer times when we are entangled in this Middle East problem that continues today over our sources of oil.
I happen to believe this is a good bill. It can be improved and the Cantwell amendment improves it. There is one provision, only one in 800 pages, which talks about better fuel efficiency in America--or at least reduces our dependence. Let me be more specific: reducing our dependence on foreign oil. There was a provision that was passed by the Senate the last time we debated this bill, 99 to 1. It was overwhelmingly supported. It said, over the next 10 years we will reduce our dependence on foreign oil by 1 million barrels a day. That is a good step in the right direction. The Cantwell amendment takes us a little further and I think is better overall, but I support what is in the bill. Do you know, 2 days ago President Bush and his White House sent us their evaluation of this bill and said if that provision is included in the bill, the President will veto it.
The President will veto it if we embark on a policy of reducing our dependence on oil by 1 million barrels a day over the next 10 years? What are they thinking? How can we be any safer as a nation more dependent on foreign oil? Should not we be accepting this challenge? Why is the Bush White House walking away from it?
Senator Domenici, myself, virtually every other Senator, agreed to put this provision in the bill last time. I think it is a good provision this time. Yet the Bush White House is opposed to it.
There is only a certain amount of oil we can drill for around America and around the areas we control to meet our needs. The total world oil supply in the control of the United States is about 3 percent. Yet we use 25 percent of the oil that is consumed each day. If we are going to be realistic, we have to understand we need more efficient vehicles, more use of alternative fuels such as ethanol and biodiesel, and we need to be looking for ways to reduce the waste of fuel, such as the one included in this bill, and I commend the Senator from New Mexico on this. The provision in your bill which relates to the idling of diesel trucks is a great provision. All of these are sensible moves in the right direction. If they are, why isn't this administration supporting it? Why don't we have a good, strong bipartisan vote not only for that provision but for the Cantwell provision, as well?
Let us accept the challenge. Let us not view that as a negative alternative that America just cannot do it. We can. We have proven it in the past. We can come together and pass this bill on a bipartisan basis.
I thank the Senator from New Mexico. I am greatly rewarded by his patience in allowing me to speak a full 10 or 15 minutes without boiling his bile or whatever might have occurred.
I yield the floor and hope we are moving toward a vote.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I am sure many people have been following closely the debate on the Energy bill, an 800-page bill that is trying to set the energy policy for America. It is an important piece of legislation we have debated for several years. It has so many different sections involved in all the aspects of energy. It has as its goal making certain that America has enough energy to fuel its economy, making certain that we use that energy in a responsible fashion so it does not create pollution that would cause environmental harm. These are some of the basic elements of what we are trying to achieve here.
But the pending amendment we have before us comes to a basic conclusion that I think most Americans agree with. America cannot be a safer and more secure nation in the future if we are more dependent on foreign oil. The more we have to depend on Saudi Arabia and Kuwait and other countries to send their oil to us, the less secure we are. The more independent we are in terms of our own energy needs and production, the stronger we are as a nation.
In 1973, we imported 28 percent of the oil we consumed. Today, 32 years later, we are importing 58 percent, more than double. We are that much more dependent on foreign countries to provide us with oil, which means two obvious things. If the OPEC cartel should decide they want to restrict the oil they will produce, prices will go up in the United States. Reduce the supply, and if demand stays the same, the price goes up. It is a basic law of economics. And they have done it. You have seen it at the gas pump.
When the OPEC cartel sits down and tries to figure out ``How can we make the maximum profit?'' they do not shed tears for American families and consumers and businesses. They try to figure out how they can make the maximum profit on the oil they have in the ground. They have the vast majority of the oil resources in the world today.
The second thing we know is that if you want to strike a crushing blow at the American economy, you may consider attacking the United States, but it may be a lot simpler to attack our oil supplies coming into the United States. If, God forbid, they could interrupt those oil supplies coming into the United States, it would really create a dangerous situation.
So the more dependent we are on that foreign oil, the less secure we are when it comes to the price of energy and the availability of energy. You would think that one of the things we would try to do as part of a national energy policy is to think ahead 10 years, 20 years, ``How can we reduce our dependence on foreign oil?'' since most people agree that would be a good thing.
Well, there is one provision in the bill which suggests that over the next 10 years we would reduce our demand for foreign oil by 1 million barrels a day.
That is about 6 or 7 percent of the total amount that is being consumed each day in the United States, but it is a step forward over the next 10 years. It is something the Senate agreed on 99 to 1. So over 10 years we will think of strategies which will reduce our dependence on foreign oil at least a million barrels a day. That is in the bill. It is a good provision.
Two days ago, President Bush sent a letter to us and said: You keep that provision in the bill, and I will veto the bill. Stop and think: Why? Why wouldn't the President want us to move as a national goal to reducing our dependence on foreign oil? It makes no sense. It is a tax on our economy. It is a question of national security. But, in fact, that is what the White House said. If you put a provision in here to reduce our dependence on foreign oil by 1 million barrels a day over the next 10 years, I will veto the bill.
I don't understand. In fact, I think the President has it exactly wrong. We should be even more ambitious and more innovative in our view toward this challenge.
Senator Cantwell has an amendment now pending that will be voted on soon. Her amendment says: Keep to that goal over the next 10 years, but over 20 years, let us reduce our dependence on foreign oil by 40 percent of what we anticipate. So what does it mean? Fifty-eight percent of the oil we use is imported. If we do nothing, in 20 years, it will be 68 percent. More than two-thirds of the oil we use will come from overseas. If we adopt the Cantwell amendment, it will go down to 56 percent of the oil we use in 20 years being imported. It is still a lot. But keep in mind, the economy is going to grow. Energy needs are going to grow. We are going to find ways to work together to reduce dependence on foreign oil.
I would think most families and people who think about our environment and think about our economy would applaud the idea of setting this as a national goal, a challenge to the President, to Congress, and to the American people: Find ways to reduce our dependence on foreign oil. It will make us stronger as a nation. It will make our economy stronger. Instead of sending billions of dollars overseas to the Saudi oil princes, the money comes into the United States for investment in our own economy, building businesses, helping people prosper and create jobs.
Sadly, there is resistance to this amendment, the idea of setting this goal. There are those who say: Don't set any goals. Leave it alone. Don't touch it.
How could you possibly draw that conclusion from the current situation?
Left untouched, we will continue to be dependent on foreign oil and our economy will suffer.
How do you reach a goal of reducing dependence on foreign oil by 40 percent over the next 20 years? There is a variety of ways. There are ways within this bill to do it--some large, some small. Some have to do with the most basic thing, the tires on our automobiles. Replacement tires give more fuel efficiency and reduce the oil consumption and the gasoline consumption. Idling trucks--have you ever gone by a truckstop? They are all over my State of Illinois. There are lines and lines of these tractors with trailers behind them with the engines running constantly, around the clock, idling engines burning up oil just to keep that engine alive and ready to perform when the driver comes out and is ready to go. There is a provision in this bill that talks about smarter ways to do that. Is there a way to use an electric engine to keep that tractor in a position where it can go into service and not be burning all this fuel while the driver is in eating dinner, for example?
These are simple things which, when added up over the course of our economy, lead to dramatic improvements. There are many ways to address this. They come down to three basic things we can do. First is conservation. I just gave you two examples of conservation, the ways to reduce the use of energy and still get as much performance as we want from the vehicles we use and the vehicles we drive. The second is alternative fuels. What can we use instead of the oil that now is being imported, 58 percent of it from overseas? This bill talks about it. It talks about ethanol. What is ethanol? An alcohol fuel is made from things such as corn and cellulose that can, in fact, create more independence in our economy.
Senator Cantwell tells the story that the nation of Brazil, 10 or 20 years ago, imported 80 percent of its oil and said as a nation: We can't continue to prosper if we are so dependent on imported oil. They set out on a national goal of reducing dependence on foreign oil. They are now down to 11 percent. They have done it. They are choosing alcohol fuels. That is included in this bill, the concept of alcohol fuels. It can be done. So alternative fuels--ethanol, biodiesel--are practical alternatives to importing more oil.
The third, of course, is to find environmentally responsible ways for more exploration. There is a limit to where that will take us. The United States owns about 3 percent of the known oil resources in the world. We consume 25 percent of the oil that is consumed each day. So even if we were able in an environmentally responsible way to take every drop of oil out of the ground, you could see it is not going to sustain our economy. We are going to be dependent on foreign sources.
Despite this challenge and despite the obvious ways to meet it in this bill, there are some who have come to the floor--on the other side of the aisle, particularly--and have argued against setting this goal of lessening our overdependence on foreign oil. One of the arguments they make is: If you do this, you are going to have to have more fuel- efficient cars and trucks, as if that is something that should be avoided in America. Why would we avoid that?
Take a look at Ford Motor Company. They had a huge advertising drive to tell us about their new Ford Escape hybrid. They had so many requests to buy that car, they couldn't make it fast enough. I think Ford produced about 20,000. There were some 50,000 people who wanted to buy it. They liked the idea, a small SUV that has an electric engine as part of it that is going to get better gas mileage. Ford was moving in the right direction. I know about this because my wife and I decided to buy one. We like it. I wish it got better mileage than it does, but we didn't make any great sacrifice in our way of life. We maybe spent a couple extra thousand dollars to buy it. Yet we have a more environmentally responsible, energy-responsible vehicle.
The other side of the aisle argues we shouldn't even suggest to American consumers to change their buying habits. I will bet if Detroit or any other company started producing more and more energy-efficient vehicles, more and more Americans would be interested, not only because it reduces the cost at the gas station, but because it is good for the environment. Why wouldn't you want to do that? Why would you want to knowingly drive something that is more polluting and uses more energy or more gasoline?
The American consumers would, in fact, gravitate toward those automobiles as they did toward the Ford Escape hybrid. They like the idea. It is a good concept. The other side says: You don't want to tell people they can't buy whatever they want to buy. If they want to buy the heaviest, least fuel-efficient SUVs, you can't stand in their way. I suppose that is true, but we will pay a price for it. By buying and driving inefficient vehicles over and over, it not only costs more at the pump and makes our country more dependent, it draws us into the Middle Eastern problems. Witness 150,000 American soldiers now risking their lives today in that part of the world.
Moving toward more efficient vehicles is a good thing economically. It is certainly a good thing from a security viewpoint. It is a good thing in terms of our future as a nation.
I believe we are up to the challenge. Most of the critics of the Cantwell amendment say it just can't be done. Don't challenge America. America can't rise to the challenge. We can't possibly in 20 years figure out a way to do this. Those naysayers have no place in the American tradition. We have risen to the challenge time and again. When President Franklin Roosevelt needed an atomic bomb to end World War II, he created the Manhattan project and got the job done. When John Kennedy came to the Presidency in 1960, he said: We will put a man on the Moon. And in 9 years, it happened. He challenged America, and we rose to the challenge. We can rise to the challenge, and we must. Otherwise, we will continue to be dependent on foreign sources of oil.
When I consider some of the challenges we face, I look at the loss of jobs. It troubles me. In the State of Illinois, 400,000 or 500,000 manufacturing jobs in the last several years have been lost. I don't know if these jobs are ever coming back. I have been to Galesburg and places around our State where good-paying jobs have disappeared. A lot of them have gone to China. China has one of the fastest growing economies in the world.
We just had a little presentation in the other room. The CEO of General Electric Energy was there. He said China is in a position to dominate the world energy scene over the next 10 years, that in 10 years China will have 30 percent of the electric generating capacity in the world. China's economy is no longer a closed, backward, Communist economy. It is an exploding, expanding economy that is taking jobs away from the United States.
There are two things we ought to think about: The Chinese have fuel efficiency standards for their vehicles higher than the United States.
They know they don't have the energy in their own country. They are trying to find the most fuel-efficient vehicles to move their economy forward and they are thinking about the future. Are we? Is the United States thinking about the future and the cost of fuel inefficiency, or the cost of dependence upon foreign oil?
The second point is this. If we are in a position of competing with China for foreign oil, since they have to import it, too, what happens when there is more competition for a limited supply? The price goes up. So $50 a barrel oil today may be $100 a barrel 5 or 10 years from now. Look at what $50 a barrel oil has meant to you and your family and our economy. Filled up lately? Taken a look at what it costs? It has gone up dramatically in a short period of time to fill your car or truck. Talk about the airlines and their future lately? The cost of aviation fuel has gone up so dramatically that a lot of airlines are in bankruptcy, or facing it. That is at $50 a barrel. What happens when we reach $100 a barrel? What will it mean to the future of these same companies?
If we don't take a serious look at our energy future, sadly, we are going to leave ourselves vulnerable to competition from China, with higher costs for the basics to keep moving. Senator Cantwell's amendment is a challenge, but one we should accept. As this President ends his term in office, another President of his party or another party will come in and see the same national goal: Reduce our dependence on foreign oil. It will call for work and
dedication. We have risen to that challenge time and time again. There is no reason we cannot rise to it today.
I impress upon my colleagues the absolute necessity to reduce America's dependence on foreign oil. This is not an issue of whether we can, this is something we must do. It is imperative we impress upon America that setting a national goal of reducing our dependence upon foreign oil is a national priority and in the best interests of the American people. I believe when we send a signal we are serious about changing the future and the track we are on, people will join us in that effort. The best and brightest minds in our country will rise to the challenge.
When we go back to our States and constituents and they ask what we have done in Washington to address the growing threat to our oil supply posed by the emerging markets in China and India, and the high gasoline prices, we can take pride in the fact that the Cantwell amendment says we are charting a new course for our Nation's future. Opponents have argued we cannot do it, we don't have the smarts or the technology; they wring their hands and curse the darkness and say, ``This is the way it is always going to be. We will be just more dependent upon foreign oil, so be prepared for it.''
I disagree. There is technology available today, let alone advancements that may come over the next 20 years, that can move us forward on this goal. We, as leaders in this country, must signal that we won't let the future of America fall into the hands of foreign governments that own the oil supply of this world. Many of these governments are politically unstable and they don't promote the same values we do in the United States. The uncertainty of that alliance for our future oil should be enough to give us pause.
Security experts, economists, foreign policy experts, and scientists recognize that the terrorist organizations want to target the United States, that they can target the supply of our energy and threaten our economy. This is an amendment about national security, economic security, and the belief that America, with the right leadership and vision, will rise to the challenge, as we have so often done in the past.
We can use American ingenuity, innovation, and genius to reduce the growing stranglehold the foreign governments that are supplying oil to the United States have on America's future. I encourage colleagues on both sides to embrace this challenge. Don't run from it, don't be afraid of it. It is about the future of our country.
I yield the floor.
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Mr. President, in case the President may be wondering, and I asked consent about this, these are 7,000 regulations. We have 6,000 autonomous institutions of higher education in the United States,…
Mr. President, in case the President may be wondering, and I asked consent about this, these are 7,000 regulations. We have 6,000 autonomous institutions of higher education in the United States, colleges and universities.
The Presiding Officer comes from the State that has some of the finest colleges and universities anywhere in America. I will not begin to name them because there are so many of them I might leave one out. Every single college or university, public or private, in North Carolina, Tennessee, or Colorado which has students with Federal grants or loans gets all of these boxes this year. These are the Federal regulations under title IV of the Higher Education Act that somebody at the smallest college or the biggest university must wade through in order to help students have Federal grants and Federal loans. The Federal grant and Federal loans are one of the great success stories of the United States of America. I will talk more about that.
Mr. President, 60 percent of our college students and university students at those 6,000 public and private and profit and nonprofit institutes of higher education, 60 percent of them have a Federal grant or loan to help pay for college. That has increased over the last 4 or 5 years about 10 times faster--9 times faster--than State funding for higher education.
But my goal today, in my remarks and in the bill I am introducing, is to make it easier for boys and girls and men and women who attend our colleges and universities--and many of them are mature, older students--to make it easier for them to go through these documents. And then, on the other hand, to make it easier for our colleges and universities to comply with all these rules and regulations. I would like for them to be spending their time and their money helping our students learn instead of spending their time and their money reporting to us what they are doing.
That is the purpose of what I want to do today. I am introducing the Higher Education Simplification and Deregulation Act of 2005, a bill that does what I just described. It will help students get access to available financial resources. Second, it will reduce the burden on colleges and universities imposed by Federal regulations so they can devote more of their time doing what they are meant to do: provide the highest quality postsecondary education in the world. And third, it will ensure that the autonomy and independence of our 6,000 institutions of higher education are preserved.
I am delighted I am able to interrupt the energy debate to talk about higher education because I think while it sounds like we are shifting gears, they really go together. If I am looking at our country today, and I had to take an exam this minute about the two greatest issues facing the United States of America, I would say, No. 1, terrorism, and, No. 2, competitiveness. ``Competitiveness'' a big word, meaning: How are we going to keep our jobs? How are we going to keep our standard of living in this country when we have 5 or 6 percent of the people in the world, and yet we produce a third of all the money, consume 25 percent of all the energy? And China and India and Singapore and Malaysia, not to mention Japan and Europe, are saying: Wait a minute. Our brains are as good as those American brains. A lot of our students have been going to the United States, creating jobs for those Americans. In fact, 572,000 foreign students are in this country today, basically improving our standard of living by their work here.
So we are in a very competitive time. Just as we have been saying in energy, here comes China, here comes Malaysia, here comes India buying up the oil reserves, driving up the price. Here comes Germany and other parts of the world with lower natural gas prices than we have. And our jobs are going toward them.
The other thing we could do to ensure our good jobs and to keep our higher standard of living is to focus on our brainpower. The great advantages the United States of America has had since World War II have been our low cost, reliable supply and access to energy, our science and technology edge, and our educational institutions. There are so many examples of that.
Mrs. Kay Bailey Hutchison, the senior Senator from Texas, and our majority leader, Senator Bill Frist, had a little session in the leader's office last year. They invited the former Brazilian President Fernando Henrique Cardoso. He was concluding his residency at the Library of Congress. I remember after he had said what he had to say, we asked our questions.
Senator Hutchison asked of President Cardoso: Mr. President, what is the one thing you are going to remember about the United States from your stay here at the Library of Congress that you will take with you back to your country of Brazil? Without a moment's hesitation, he said: The American university, the greatness and the autonomy of the American university.
I will tell you another story. A few years ago, I was asked to be the president of the University of Tennessee. It was 1988. I was glad to do it. I had been chairman of the board of the university for 8 years as Governor, and I appointed a lot of the trustees, but I was not a skilled university president. So I sought out David Gardner, the president of the University of California, which I regard, with all respect to North Carolina, at least at that time, to be the outstanding public university in America and perhaps one of the best in the world.
I said to David Gardner: Why is the University of California so good? Without a moment's hesitation, he said: First, autonomy. When California created the university--they created four branches of government, really: legislative, executive, judicial, and then the University of California. He said: Fundamentally, they give us the money, and then our board and we decide how to spend it. Our autonomy has permitted us to do the second thing, set very high standards. And then he said the third thing was the large amount of Federal dollars that follows students to the educational institution of their choice.
So autonomy, excellence, and choice--Federal dollars following students to the schools of their choice. That is how David Gardner explained the California model for excellence in higher education.
That model has worked for our country since the GI bill for veterans was enacted in 1944. I have wondered many times how we were fortunate enough to have decided to do it in the way they did it. This was for the veterans. It was the end of World War II. There were college presidents who were very upset about the idea of giving the veterans money and just telling them to go wherever they wanted to go to college.
The president of the University of Chicago said it would make the University of Chicago a hobo's jungle. But we know what it did. We had veterans coming back and taking their GI bill. Many of them took it to Catholic high schools and other high schools because they had not finished high school. But they went wherever they wanted, to any accredited institution. They went to Yeshiva. They went to Vanderbilt. They went to the historically Black colleges and universities across America--Harvard. It did not matter. If it was accredited, they chose the institution.
The same formula was applied when the Pell grants were created by this Congress in honor of Senator Pell, who was a former Member of this body; as is true with Senator Stafford and the Stafford loans. Instead of giving those grants and loans to the University of North Carolina and the University of Tennessee, they went to the student. The student then said: Well, I will decide where I want to go. I may want to go to Rhodes College, or I may want to go to Lenore Rhyne or I may want to go to the University of Florida or Yeshiva or Howard. They go where they want to go.
Because of that, we now have 6,000 autonomous institutions around the country. Many of them are nonprofit. Many of them are for profit. Eighty percent of our students go to public institutions, but 20 percent go to private institutions. Because it is a marketplace of 6,000 institutions, and some are, of course, better than others, because it is a marketplace, we have been able to adapt to a changing world that now has different subjects, different standards, a more global environment, and students who are, by and large, much older and have different needs than they did before.
If we had not had that kind of marketplace of colleges and universities, we would be stuck in the mud, and we would not have former President Cardoso of Brazil talking so well about our colleges and universities.
We do not just have some of the best colleges and universities in the world; we have almost all of them. And the rest of the world knows that. We do not have 572,000 foreign students studying in our country this year because we made them come, or even because we give them scholarships. They pay to come for the most part. They are the brightest students in most of these countries. And 60 percent of our postdoctoral students are from overseas. Half our students in computer and engineering graduate programs are from overseas. They are here for that reason. So we attract these students. The Federal Government has continued to be generous.
So there are two things I am introducing today with this bill. Number one, this legislation would simplify the financial aid process and expand access for students. We do it in these ways: (a) streamline the forms for Federal grants and loans, making access to student financial aid easier; (b) provide students who want to expedite their education and study year-round the Federal support to do so; (c) provide students with financial information about colleges and universities in a clear and concise manner that does not require additional reporting from institutions.
The second purpose of the bill is to protect that autonomy, that one word, that independence, that autonomy of these 6,000 institutions. That is, in my view, a critical element of why we have the best colleges and universities in the world.
What I mean by that is we did not order them to be good from Washington. That is not how they got to be great. They were autonomous and independent. We allowed them to be, and then we gave them students, followed by money, who created a competitive marketplace. And they became the best in the world.
So this legislation eliminates, streamlines, and evaluates regulations currently imposed on institutions of higher education with the goal of lessening the burden on schools. That way, universities can focus more on teaching and researching and less on maintaining reporting requirements for the Federal Government.
The bill, No. 1, appoints an expert panel to review Department of Education regulations and to recommend how those regulations might be streamlined or eliminated. Two, it accelerates the ``negotiated rulemaking process'' whereby universities negotiate new rules with the Department so that an end result can be reached without costly delays. And three, it develops a compliance calendar so that universities know what requirements they have to meet and when they to have meet them.
What I mean by that is, it will be up to us in the Federal Government to send to the University of North Carolina or Maryville College in Tennessee a list of the rules they have to comply with so they don't have to hire a whole team of people to try to wade through and read everything.
This is just one title of the Higher Education Act. It has several titles. So a compliance calendar would help deregulate.
These changes build on the successful model for American higher education. By making the financial aid process more user friendly and more accessible, more students will have Federal funds following them to the college or university of their choice. And by relieving some of the Federal regulatory burden, we are restoring university autonomy so they can spend more time teaching and researching and less time filling out paperwork.
I have two major purposes. The first is to simplify and expand access to financial aid, to make it easier for the 60 percent of our college students who fill out a form to get a Federal grant or loan; and second, to reduce the burdensome paperwork on the colleges and universities.
In terms of simplifying access, we need to remember that the faces and needs of our college students have changed. More typically these days, when I go to a graduation--this has been true for a number of years--the cry you hear from the audience is: Way to go, mom. It is the mom who is getting her degree, or the dad, going back to school, college, community college, trade school, university to get the skills they need to get a better job or another job in a rapidly changing world.
In 1970, we had 7.4 million students, 28 percent of whom were enrolled part time and 38 percent at two-year colleges. Only 28 percent were 25 or older. By 1999, enrollment had grown to 12.7 million, a 7.2- percent increase with 39 percent enrolled part time and 44 percent in two-year colleges. Nearly half our students in 1999 were in two-year colleges. Our financial aid system needs to catch up.
The first thing we can do is to simplify what we call the Free Application Federal Student Aid. As one might expect, it is known around here as FAFSA. Imagine that. You go out and try to talk to a family of someone who might be going to college for the first time and that family says let me talk to you about FAFSA.
I think we ought to change the name. I think we ought to make it easy for people to understand what we are talking about. I recently met a chief financial officer of a company who said she found the form challenging when helping her high school daughter fill out a form for financial aid. I can only imagine the challenge to a high school student, or a working mother, when trying to answer over 100 confusing questions, the vast majority of which are only applicable for the State of California.
So a second thing we can do is make sure students can use the Federal aid for education they need year round. Flexibility for year-round Pell grants is a part of this legislation so students can have the flexibility they need to go and continue their education in the summer. There is a disincentive for that. Not only is that inconvenient for students and working students, it tends to encourage institutions to waste the resources in the summertime, which they should be putting to better use.
The third thing we can do is make sure there is more information. That is why I suggest the ``best buy'' list--a list of the 100 schools with the lowest tuition and required fees, with the greatest availability of scholarships and grants. In other words, this would help parents and students decide where they could get the biggest bang for their buck.
Many of the ideas that are in our legislation came from the Advisory Committee on Student Financial Assistance. Senator Gregg, when he was chairman, and I invited them to work on this. They did a terrific job and they came up with 10 recommendations, 8 of which are in this bill, and I believe they have no cost to the budget.
The other area and my final comments have to do with the other side of the ledger. While we are making it easier for students to have access to financial aid, we should work to relieve the regulatory burden on colleges and universities represented by these boxes of 7,000 regulations that contain all the forms any college or university in Florida or Tennessee or North Carolina would receive this year to fill out. Thanks to the last two rounds of reauthorizing the Higher Education Act,
there are today more than 7,000 regulations associated with the title IV student aid program. With the exception of the Consumer Product Safety Commission and the Federal Trade Commission, every Federal agency is involved in regulating some aspect of higher education. That is incredible and it is absolutely ridiculous.
In 1997, Gerhard Casper, the president of Stanford University, said Stanford spends 7 cents out of every tuition dollar on compliance with Government regulations. This has only gotten worse in the last 9 years. We need to ease the burden. For example, under the Higher Education Act, universities are required to report how many full-time employees have dental insurance, whether the university is a member of a national athletic association, and the number of meals that are in a ``board'' charge. Colleges are required to hand every student a paper in-State voter registration form and cannot use modern technology such as Web registrations, which would actually reach more students. We are giving university staff busy work to do when they ought to be helping students.
Here is another example. When a major chemical company such as DuPont produces 55-gallon containers of a potentially hazardous waste, we require Dupont to report on how all that waste is disposed and ensure that it is done in a certain manner. This is a good regulation and idea. Right now, we are applying the same regulation and paperwork to a chemistry class at a college that might produce half a test tube of the same substance.
Mr. President, I don't know about the presiding officer, the Senator from Florida, and I now see the Senator from Virginia; I suspect that when we all go back to our States and speak to our Lincoln Day dinners, or when the Democrats go to the Jefferson Day dinners, we all say the thing we need to do once we pass these laws is to have more oversight and ease the burden of regulation. When I say that, I get a big round of applause, because at home people don't think we get any smarter when we fly to Washington, DC, each week. They think it would be absurd to know there are 7,000 regulations governing college grants and loans, and that Stanford University spends 7 cents out of--and this is a private university--every tuition dollar paying for the cost of Government regulations.
One reason we have an increased interest in regulating is because there are a great many Members of Congress, as well as people in the country, who worry about rising tuition costs. I worry about those, too. When I was Governor of Tennessee, we used to have a deal with the students. The State will pay 70 percent of the cost, and you pay 30 percent, and if we raise your tuition, we will raise the State contribution. That has changed, I am afraid, and I think it is important for us to know that. Tuition is not going up because the Federal Government is failing to do its job. Over the last 4 years, Pell grants, work-study, scholarships all gone up about 30 percent. At the same time, over the last 4 years, State spending for higher education is up 3.6 percent. I will say that again. This is according to various educational institutions, including the Center for Study of Education Policy, Illinois State University. In fiscal year 2001, there was a 3.4 percent increase in State funding for higher education. In 2002, there was a 1.2-percent decrease; in the next year, a 2.4-percent decrease. This is State funding for higher education. Last year, there was a 3.8-percent increase--3.6 over the 4 years.
So what our colleges and universities are feeling, and what our students are feeling, is decreased State support for higher education. One reason they are feeling that is because we have not given States the tools to control the growth in Medicaid spending. So in Tennessee, Florida, Virginia, and North Carolina, our colleges and universities are hurting because the Governors and legislatures are spending the dollars that ought to be going for excellence in universities. They are spending it on huge increases in Medicaid costs. That is part of our responsibility, too.
So I come to the floor today to introduce the Higher Education Simplification and Deregulation Act of 2005. I invite my colleagues to join me in it. We will be marking up a Higher Education Authorization Act next month. It affects 60 percent of the college students in the United States. I am sure we are going to continue to fund those grants and loans, as we have from here, but we also need to do two other things. One of them is in here, and that is not to get busy regulating more colleges and universities. We should be deregulating. The other thing we should do, which is not a part of this bill, is to keep our commitment to the Governors that, by about the fall of this year, we should give them the legislative tools they need--and I believe also relief from Federal court consent decrees, which are outdated--so they can manage the growth of Medicaid spending, so that in turn we can continue to support higher education.
Our energy bill and our higher education bill are at the forefront of our policies to keep our jobs and our competitiveness.
Here's one more example: If you grab a pint bottle of rubbing alcohol from your bathroom and take it to a university laboratory, it will immediately fall under the regulation and scrutiny of six different regulatory agencies:
(1) the air quality management district,
(2) the sewer district,
(3) OSHA,
(4) the local fire department,
(5) the county environmental health department, and
(6) the state hazardous waste agency.
While all of these are not directly governed by federal regulations, many are responding to them, and we should do our part to reduce this type of burden. In one instance, a prestigious institution in the Midwest was visited by the EPA and a bottle of dishwashing soap was found in a lab near a sink. The institution was fined for improper management of hazardous waste because the label was not still attached to the bottle. Even worse, the institution had to pay to have the soap analyzed to document that it was not hazardous.
Colleges are in the business of teaching students, not sending meaningless paperwork to the federal government. To fix this problem, my legislation would establish an expert panel to review federal regulations applicable to colleges and universities and make recommendations to the Secretary of Education and the Congress on how some of these regulations could be streamlined or eliminated. The bill also would assist institutions in complying with all these requirements by requiring the Department to develop a compliance calendar outlining specific deadlines for paperwork submissions.
In those cases where there is already clarity about how to deal with regulations, the bill takes action. The bill will accelerate the ``negotiated rulemaking process,'' a process whereby university representatives negotiate new regulations with the Department. Today this process can drag on for years, imposing unnecessary costs along the way due to uncertainty over a final outcome for the rule. Under my bill, that process would have a one year deadline. To give schools a chance to adjust to newly agreed regulations, institutions of higher education would be provided with a minimum of at least 270 days between the publication of any final regulations or guidance and the initiation of data collection related to new disclosure requirements.
The bill also reinstates provisions to allow schools with a low ``cohort default rate,'' meaning that less than 10 percent of their students fail to pay all their loans back on time, the option of distributing loan money to students right at the beginning of the year rather than waiting a month or spacing the money out over the period of a year. This is important since students incur many expenses up front during their education and need the flexibility to pay for fees, books, and other costs.
Mr. President, since the end of World War II, our system of higher education has been unmatched around the globe. According to the Institute of Higher Education at Shanghai University, more than half the world's top 100 universities are in the United States.
But our lead is slipping. During a trip to Europe, I discovered that Chancellor Schroeder of Germany is putting a strong emphasis on reforming his country's university system to mirror--and perhaps even eclipse--our own. British prime minister Tony Blair is overhauling his nation's system because he sees a growing gap between the quality
of American and British universities. Authorities in India and especially China are working harder than ever to improve the quality of education in their own countries and keep their brightest minds from leaving their countries. Australia and Canada are making strides as well. And, for the first time, we have witnessed a decline in graduate student enrollment. The Council on Graduate Schools estimated that foreign applications to graduate programs in the U.S. were down this year by five percent.
This greater competition means that not only do we find it harder than ever to attract foreign students, but our graduates will find it harder to compete for top-paying jobs in the global economy since they will be competing against talented, well-educated individuals from around the world.
Now is the time to fine-tune our own system of higher education and restore its greatest strengths: generous financial assistance for students, autonomy, and high standards. Generous support is most effective when students can access it with a minimum of hassle and with maximum flexibility to apply it to their accredited program. Freedom from over-regulation or control by government allows colleges and universities to quickly adjust to the needs of their students and focus on teaching and research. High standards are the natural result of a competitive system where schools compete among each other for dollars and students.
My bill restores the pillars of our higher education system and gives us the ability to move forward with confidence in the twenty-first century. I urge my colleagues to join me in this effort.
Mr. President, I ask unanimous consent to have printed in the Record a summary of the Higher Education Simplification and Deregulation Act of 2005.
Mr. President, I ask unanimous consent to set aside the pending amendment and I call up amendment No. 784 and send a modification to the desk. Mr. President, I know the Senator from Michigan has…
Mr. President, I ask unanimous consent to set aside the pending amendment and I call up amendment No. 784 and send a modification to the desk.
Mr. President, I know the Senator from Michigan has
given a great deal of thought to this issue and to the modified amendment, and I yield the floor to him.
This amendment is technology-neutral. It simply lays out a vision that the United States should attempt to achieve over the course of the next 20 years. The only assumption underlying this amendment is that the United States has the ingenuity and innovative spirit to reverse the rising trend of American dependence on foreign oil imports. Today, foreign oil constitutes approximately 58 percent of our domestic supply, a figure that is projected to reach 68 percent by 2025. Because of the nature of world oil markets and the geologic fact that two-thirds of global reserves are located in the Middle East, the United States is on track to become increasingly dependent on OPEC to fuel our economy; and will be competing with developing nations such as China for access to these oil supplies. Because of the economic and national security implications of foreign oil dependence, this amendment simply states that it is in the national interest of the United States to attempt to curb our appetite for imported oil. The underlying bill provides a number of tools to help this country achieve the goal established by my amendment, and there are many potential pathways to its attainment. However, none of them are specifically assumed by the Cantwell amendment.
This amendment neither assumes nor proposes an increase in CAFE standards. In fact, some have erroneously concluded that increasing CAFE standards is the only means of achieving the goal established by the Cantwell amendment. Multiple analyses by national security-related organizations and others have concluded that increasing CAFE standards is not necessary to attain savings of 7.6 million barrels of oil a day by 2025. In addition, it is important to note that some have circulated erroneous estimates of CAFE standard increases necessary to achieve the goal in the Cantwell amendment, attributed to the Energy Information Administration, EIA. The staff of the EIA has said that these flawed estimates have no grounds in analyses performed by the EIA.
Because the amendment is technology-neutral and simply lays out a vision, accelerated ethanol production and use is not specifically assumed. However, there is no question that biofuels can play an important role in achieving the goal established by the Cantwell amendment, by displacing imported petroleum-based products with domestic fuel derived from plant matter. In fact, it has been estimated that increased domestic biofuels production can contribute more than half of the oil savings goal established by the Cantwell amendment. It is also worth noting that the underlying bill contains important provisions that will help accelerate the production of ethanol and other alternative fuels, including provisions I authored that would provide incentives, research, development and demonstration of processes to produce ethanol from cellulosic sources. While not specifically prescribed by the Cantwell energy security amendment, these measures would assist substantially in achieving the amendment's goal.
Again, increased use of biodiesel fuels and technology is not specifically assumed by the Cantwell amendment. However, these fuels can also help achieve the amendment's goal. It is worth noting that one of the barriers to achieving cost-effective biodiesel production is increasing the diversity of feedstocks from which biodiesel can be economically produced. The key to unlocking the potential of biodiesel is performing the research, development and demonstration of new technologies that will allow the co-production of biodiesel fuel and value-added bioproducts that lower overall costs. I was proud to add specific provisions to this underlying legislation that authorize an Advanced Biofuels Technology program, designed to accelerate the development of these processes. Again, while one of the potential
tools the U.S. can use to achieve the goal, additional biodiesel production is not explicitly assumed by the Cantwell amendment.
While advances in diesel engine technology are another potential tool for accelerating oil savings, they are not specifically assumed nor mandated by the Cantwell amendment.
Because the amendment lays out a vision rather than mandating specific measures, increased hybrid use is not specifically assumed. However, some have estimated that growth in the hybrid vehicle market can achieve oil savings of up to 2 million barrels a day by 2015, 10 years before the Cantwell amendment's ultimate goal. Taken together, biofuels production and growth in the market for hybrid vehicles could provide more than two-thirds of the energy security goal established by the Cantwell amendment.
There is no question that hydrogen provides another potential pathway to achieving substantial oil savings in the United States. However, because the technology remains at a relatively early stage in its development, no specific estimates exist for the economic and energy efficiencies this technology may provide. It is not specifically assumed by the Cantwell amendment.
Certainly, tax incentives can help spur the development of markets for advanced technologies, and help expand the choices available to American consumers. But these are not specified or assumed within the Cantwell amendment.
The amendment neither assumes nor proposes regulatory changes to the CAFE system. I view the debate regarding the efficacy of the existing CAFE program as beyond the scope of this amendment, which lays out a national vision for reducing American dependence on foreign oil imports. Certainly any changes to the CAFE system's regulatory regime would require additional legislative action, action that is not assumed in the Cantwell amendment.
Certainly other nations have begun the transition to more wide-spread use of diesel technology, and initiatives or programs in this regard may ultimately be consistent with the Cantwell amendment. But they are neither specifically assumed nor required.
The Cantwell amendment establishes a national goal. As such, it directs the President to design and implement measures designed to help achieve the goal, and assumes that, if the President deems his existing authorities insufficient, he will propose to Congress legislation or recommendations that would help achieve the amendment's energy security target. At that time, it would be up to Congress to consider the merits of the President's proposals, via the typical legislative process.
The amendment assumes that the President has at his disposal adequate authority to develop and implement measures that will help achieve the goal of reducing imports on foreign oil. However, the amendment is technology-neutral and establishes a 20-year vision. As such, it is difficult to predict with any specificity what direction new technologies may take, and whether issues may arise that require additional legislation or Congressional action. For example, if biofuels begin to displace a significantly larger portion of petroleum- based fuels in the United States, certain infrastructure-related barriers may arise that require additional authority or Congressional action. Similarly, there are certain to be issues associated with infrastructure, interoperability and international technology standards associated with the development of hydrogen fuel cells. Because the Cantwell amendment is a call to accelerate the development of alternatives to petroleum-based fuel, yet does not purport to choose technology winners and losers, it is premature to speculate on whether additional authorities or Congressional action may be required. However, it does assume that proposals to expand the range of tools available to the President to achieve the Cantwell amendment's goal would be considered through the normal channels of Congressional debate and approval.
The goal of this amendment is to reduce our foreign oil imports and exposure to the uncertainties of world oil markets. Because of the geologic realities of the way in which oil reserves are distributed across the globe, continued increased demand for oil will result in a growing dependence on imports. While the U.S. is situated on just 3 percent of the world's reserves, the Middle East is home to two-thirds, with a full quarter located in just one country, Saudi Arabia. In order to curb our growing reliance on imports, it is thus necessary to reduce demand for petroleum itself, across all sectors of the economy.
There is nothing in this amendment that precludes the President from requesting additional legal authority to achieve the target for 2015. Certainly, any legislative proposal or recommendations from the President would be considered by Congress, through the typical legislative process. Rather, the provision in (c)(2)(B) is intended to make clear that this amendment, on its face, does not grant the President any broad, new additional authorities not previously contemplated.
Yes.
Mr. President, I thank the Senator from New Mexico for his fine amendment. I would like to take a minute to state that I am a cosponsor of the Bingaman amendment and very much believe in the renewable portfolio standard for our electricity grid. I guess if you looked at the Northwest, particularly Washington State, you would say we are already using 80 percent renewable energy because 80 percent of our electricity grid is provided by our hydro system. So we, in the Northwest, are very big believers in renewable power.
But we also believe in the other technology that is in the underlying amendment and in the underlying bill that will help us support renewable technologies. We have a lot of wind farms. We have had a lot of discussion out here on the floor this morning about wind energy. We, in Washington State, are already employing wind energy in a variety of locations in our State and getting great response. In some areas, it is some of the best job growth we have had in rural communities. Farmers love it because, aside from providing an agricultural product, they get a second source of revenue from their land by having agriculture and wind technology on their farms. It works very well for our farmers, and the combination of hydro and wind technology works very well for Washington state and the Northwest.
But we also have solar power. We are about to have one of the first demonstrations of wave power. We, in the Northwest, are using all sorts of renewable technology to meet these goals. Certainly, I want to endorse this particular amendment as a great step forward, saying we can do more with renewable technology.
I would like to turn to the Cantwell amendment, on which we are going to have a vote I believe at 2:15, and summarize, for my colleagues who might have missed yesterday's discussion, a few points I think are important as we talk about our reliance on imported oil and the fact we want to diversify.
In the New York Times, there was an article about OPEC and their increases in quotas for various OPEC countries. It is interesting, and every day Americans want to know what is going to happen with oil futures and gas prices. You look to find out what OPEC is doing. This article, I think, brings up the very point we were trying to make yesterday; that is, that China's demand for oil continues to grow. In fact, this article says that global oil consumption climbed 2.4 or 2.5 million barrels a day in 2004, the fastest growth rate since 1978. That is world demand for energy increasing. Basically, that was a result of China's increasing energy consumption. We know what the trends are, and we know what the challenges are that are facing us.
I found it interesting, too, that the New York Times article talked about how OPEC was actually concerned that alternative fuels might affect their future price of product. They are almost telling us, yes, they are a little concerned about competition from alternative fuels.
I welcome that. I think it is about time that America make an investment in alternative fuels and about time we give consumers a choice when it comes to the demand and supply of oil in the future and not continue to be held hostage by foreign governments.
I would like to review for my colleagues what exactly the Cantwell amendment does because it is so important that we understand what the underlying bill does and what our challenges are as a country going forward.
In 1973, we were importing only 28 percent of our demand--our U.S. demand--for oil. We were importing 28 percent of what we used as a country.
Today, 2004, we are at 58 percent, a huge jump, a huge dependency by the United States on a foreign source to provide us an oil supply.
When I look at the countries involved and I look at the instability in the Middle East, I don't want to be 58 percent reliant on foreign sources of oil. I want American ingenuity to be a driver in what we can provide to the American people in driving down the cost of energy.
If we do nothing, in 2025, the United States will be importing 68 percent; nearly 70 percent of our oil supply will come from abroad. Who in their right mind thinks that 70-percent dependence on foreign oil is wise economically, to our national security, or internationally as we have to deal with international competition? Why would
we want to be almost 70-percent reliant on foreign entities for something that is the backbone of our economy--energy?
I am offering a simple amendment. My amendment simply says by 2025, instead of being reliant on foreign sources for 68 percent of our supply, we bring that down to 56 percent. That is not much of a change. We are at 58 percent today, and we want to go down to 56 percent. That is a modest goal.
It is hard to achieve because our amendment assumes the growth and demand that will happen as our Nation grows. That is why we have to assume in 2025 we will be at 68 percent, and we want to see a serious reduction. That is the way my amendment is crafted.
The underlying bill says we are currently at 58 percent and let's reduce our consumption of foreign oil by 1 million barrels a day. One million barrels a day by 2015 still has us importing 60 percent of our supply from foreign sources. In 2015, instead of consuming 58 percent of our oil supply from foreign sources, we would be at 60 percent. The underlying goal in the bill does nothing to get us off our overreliance on foreign oil. It is the status quo and a bump in an increase. It is too timid in responding to what has been a gouging of the American consumer on gas prices.
This debate we have just had for the last couple of hours is interesting because a lot of my colleagues have said they refuse to support a mandate. They do not want to have a mandate in this bill. I am not proposing a mandate. It is interesting: Some Members do not support mandates. They do not even support goals. The American people deserve, on something as important as our national security and economic livelihood, to have this Senate, in transportation and energy policy, set a goal to get off our overdependence on foreign oil. Are my colleagues just giving lip service to this idea of a goal of getting off overdependence on foreign oil? Or are we willing to set a goal and do something about it?
I have pointed out that the goals we have are doable. My amendment does not say specifically how or what the mandate is. We have simply said, that from various studies, we know we can get the savings my amendment calls for in a goal. Here are a variety of sources: Fuel efficiency for tires and motor oil. The encouragement of a biofuels industry. A big chunk of this comes from alternative fuels. That is why OPEC, in today's paper, says they are very concerned about this because they know it is competition. They realize it is competition. Why don't we realize it is competition and ensure we get about making an alternative product?
Other countries certainly have this idea. One is Brazil and based on their overdependence on foreign oil they came to the same conclusions. They did not want to be in the same boat we are in today. In 1975, they were importing 80 percent of their fuel supply from foreign sources. They made a decision that was too much for them, both economically--I don't know if there are security issues--but economically they thought that was not wise so they started a process of taking steps. In 1990, they almost cut that in half. By 2003, they were down to importing only 11 percent of their fuel supply. Next year, they might achieve the great milestone of not only becoming self-sufficient but actually becoming an exporter of fuel to other countries.
They have done this because they made an investment in ethanol. They made decisions about their transportation sector so they could run on biofuel products. They have changed the economic picture of their country.
Is there something Brazil possesses that the United States cannot achieve? Are they smarter than we are? Do they have greater political will than we do? Do they have more consumers holding their politicians accountable than we do? What Brazil showed is they have a resolve because of their own national interests to get off the foreign addiction to oil. I applaud them for that.
They are only one-eighth the size of our economy, but they are proven to be smart enough to figure out how to make sugar-based ethanol in a cost-productive way, so efficient they can send it to the United States cheaper than we can produce it to the degree that some of my colleagues want to put a tax on it so that it is on a more level playing field with what sugar-based ethanol in the United States costs. To me, the Brazilians have come up with something.
I ask my colleagues, if you do not want mandates and you do not want goals and you do not want to get off our overdependence on foreign oil by setting a milestone or coming up with a goal or statement, what is it that you do want to do? The underlying bill increases our dependence by 2015 on foreign oil to 60 percent. We are at 58 percent today. It increases it to 60 percent. So we have accomplished nothing in the goal in the underlying bill.
I would like to set, primarily for international reasons, a goal to get off our dependence on foreign oil because these are our suppliers. These are the countries where the majority of U.S. oil supply comes from: Saudi Arabia sits on the largest percentage of oil reserves in the world today. I wish geography and geology had been kinder to the United States and that we sat on more than 3 percent of oil reserves. But we don't. We do not have that product. We have a very small percentage of the world reserve for oil. That is a fact of life. These are the countries and this is the State ownership of companies that are part of OPEC and have the oil supply of the future.
I didn't expect I would be in the Senate agreeing with George Shultz and James Woolsey and a bunch of neoconservatives who were espousing ideas about our national security, but I actually do agree with them that reducing our dependence on foreign oil should be a national priority and a national goal. That is why we have crafted this amendment this way.
We simply want to say to our colleagues and to the President of the United States that we believe increasing our consumption of foreign products as a way to support our economy is not a wise decision, given what growth and demand and oil prices are going to be. Yesterday, the market closed at $56.20 for oil. Economists at various Wall Street firms are saying we could easily see an oil spike of $100 a barrel. They say that oil futures have a fear premium on them; that is, there has been lots of discussion about how the price of oil futures is basically impacting the price of oil on a day-to-day basis. That is right, the speculative market about energy futures in oil basically causes the price at the pump today to increase. I find that unfortunate because the speculative price of oil futures takes into consideration those nine countries I mentioned, the fact that you could have a terrorist attack, the fact that you could have unrest in a region and that somehow supply would be diminished, thus affecting the price of oil futures.
Economists and people on Wall Street--Goldman Sachs and others-- basically say there is a fear premium on the price of oil futures; that is, we are paying more for oil because we are paying for the uncertainty and the instability in the political and geographic region where oil exists. That is what I am supposed to tell Washington State residents as to why they pay some of the highest gas prices in the country? That is why they should pay almost $2.30 a gallon for gasoline? That is why I should tell people they have lost their pensions in the airline industry because the airline industry has not passed on the high fuel costs? That is what I am supposed to tell the farmers who cannot keep their farms running because of high fuel costs, or somebody who has lost their job in a transportation-sensitive industry. I am supposed to tell them that I am going to continue to put an energy goal in legislation that makes us more dependent on foreign oil than we are today?
No. We want to reverse the trend. That is what the Cantwell amendment does. It is not a mandate. It is a goal. It says that instead of being more dependent on foreign oil in 2015, as the underlying bill directs us, let's become less dependent. Let's go from 58 percent, where we are today, down to 56.5 percent. It is a goal we can achieve. It is a goal I am willing to set as a legislator for our country because I believe in the ingenuity of Americans to achieve this goal.
There is nothing the country of Brazil can do that the United States cannot do. I guarantee you that if we set our resolve to do it as a nation, we will achieve this goal as well. The reason why we, as a government entity,
need to set this goal is because the private sector is going to diversify at its own darn pace; that is, the oil companies will decide what their investment in new technology and alternative fuels is at their own pace, their own wishes, their own response to their corporate shareholders, not at the interest of individual consumers who are getting strangled by the high cost of gasoline.
It is our job to set this goal and that is why we are on the Senate floor today. We are here to say we agree with the American farmers that they can produce a biofuel product in the future that can be competitive, that we agree with neoconservatives that the security risk of being 70 percent dependent on foreign oil is too great a security risk for our Nation, that we agree with technology and research experts that American ingenuity can get us to this 56.5-percent goal.
I ask my colleagues, what is wrong with setting this goal? Let's not continue to give lip service to a goal of getting off our foreign dependence and then do nothing about it in a legislative proposal. Let's show the American people we are concerned about the economic hardship they are facing and that we believe in American ingenuity. We believe in our farmers. We believe in our technology leaders. We believe that we, as a country, can achieve this great goal. If the last generation of Americans were smart enough to put a man on the Moon in a decade, this generation of Americans ought to be smart enough to reach this goal. I ask my colleagues to have the courage to set it in a piece of legislation as a mark for us to achieve.
I yield the floor and suggest the absence of a quorum.
Mr. President, I am not objecting, but I am just asking for the yeas and nays on my amendment. I think moving to 2:30 is fine, given the markup.
Mr. President, I ask for the yeas and nays.
Mr. President, I would like to begin my remarks by thanking Chairman Domenici and Senator Bingaman, the ranking member, as well as their staffs, for the hard work and excellent effort they have made…
Mr. President, I would like to begin my remarks by thanking Chairman Domenici and Senator Bingaman, the ranking member, as well as their staffs, for the hard work and excellent effort they have made in preparing an energy bill. Their leadership has allowed the Senate to come together on a comprehensive energy policy that is of paramount importance to our Nation's future security and economic interests. While there are provisions in this bill about which I am troubled, I did vote for it in committee and would like very much to do so here on the floor. But there are some reservations I have. There are some things that were omitted, some that have actually been included and others that might be included about which I would like to speak, one in particular is one of great importance to the State of New Jersey.
I see my esteemed colleague Senator Frank Lautenberg here as well. He will be speaking about this issue. That is the threat of oil and gas drilling off the coast of southern New Jersey's 127 miles of shore.
All of you heard Senators Nelson and Martinez speak on the floor earlier this week about Florida's treasured coast and how important it is to Florida's environment and economy that its coast be protected from any weakening of the moratoria on drilling in the Outer Continental Shelf. My colleagues from Florida should take every step necessary to protect their beaches and coastal waters. As a Senator from a coastal State where tourism is the second largest industry, I think Senator Lautenberg and I also want to take every step necessary to protect the New Jersey shore from any effort to weaken the longstanding, bipartisan moratorium that exists on drilling in the Outer Continental Shelf.
As I understand it, the chairman and ranking member have both agreed to oppose any amendments that open up the OCS moratoria on submerged lands off of Florida's coast. I am, of course, pleased that recognition was taken in that instance. But it is a bit disconcerting that the rest of the moratoria on offshore drilling was not addressed. Many OCS areas still seem vulnerable to something that could destroy that moratoria, and that is a problem. It is a problem for the State of New Jersey. I think it is for many, if not all, of the other coastal States that are protected by the moratoria.
This has been a priority of mine since I have been in the Senate. Along with Senator Lautenberg, I introduced the Clean Ocean and Safe Tourism Anti-Drilling Act in the 107th, 108th, and 109th Congresses. This bill would make permanent the moratoria on drilling in the Mid- and North Atlantic Planning Areas, as opposed to having it be an issue that is dealt with year to year in the appropriations process or by Executive order.
I know, with certainty, the people of New Jersey--I mean with certainty--do not want to see oil and gas rigs off their coast. The Jersey Shore is one of the fastest growing parts of the State of New Jersey. It is in the most densely populated State already. The New Jersey shore is one of those things that defines our State. We want to maintain the beauty and cleanliness of our beaches as well as protect our fishing grounds as they make up a huge portion of our State's revenue.
The New Jersey Department of Commerce calculates that tourism in our State generates more than $31 billion in spending. Almost all of that is focused on our shore. It directly and indirectly supports 836,000 jobs, more than 20 percent of the total State employment. In addition, it generates about $16.6 billion in wages and $5.5 billion in tax revenues for the State. It is a big deal for us, a very big deal. If we are going to take a risk with our shoreline, we must first look at the cost-benefit analysis.
Any threat of drilling, any threat to New Jersey's environment and economy compel me to stand here and make sure people understand how important it is to us.
New Jersey is not alone in this. This is something that people recognize up and down the eastern seaboard and on the western coast.
New Jersey is already a State that is carrying a heavy load in terms of supporting the energy production needs and the refining needs of this Nation. We have three nuclear powerplants. We export energy. We have many traditional powerplants, and support siting of an LNG terminal. We are also a
place that has been supportive of alternative energy. We are moving in the direction toward all of those things that promote efficiency. New Jersey is the east coast hub for oil refining, for the chemical industry. We are doing our part in growing and sustaining the Nation's energy resources.
But risking and exploiting our shore, to do that is a step too far. I repeat, it is a step too far, risking what I think no one else would do if it were related to their economy, their people's quality of life, their people's needs.
I am not the only Senator who has concerns about amendments to this bill that will weaken the moratorium. I have been in contact with a number of coastal State Senators. We will have a letter that speaks against any changes to the current OCS moratoria. My concern about some of the provisions of the bill, including the inventory provision, are reinforced by some of the rumblings I hear about trying to move further in opening up this Outer Continental Shelf.
I fear we are on a slippery slope that would lead to eventual drilling off the New Jersey coast, which is of great concern and will lead to the kinds of actions that can stand in the way of the overall bill. It will not be just a New Jersey issue; it will be a broader issue.
Given the minimal benefit of offshore drilling--at least based on the science that has been applied to this issue--I don't see the need to be threatening over 800,000 jobs and the state revenues I mentioned earlier for what the Minerals Management Service (MMS) estimated in 2000 to be roughly 196 million barrels of oil off our coast. That, by the way, is enough to fuel this country's needs for only 10 days. The MMS also estimated a mean of only 2.7 trillion cubic feet of natural gas for the entire Mid-Atlantic region. Compare that to areas already open to drilling in the Gulf--not those adjacent to Florida--that contain 18.9 billion barrels of oil and 258 trillion cubic feet of natural gas.
I don't know what kind of cost-benefit analysis is being taken to be pushing forward with this offshore inventory, when the studies have already shown the great capacity of one area versus what is expected to be found off of New Jersey's coast.
We want to protect this moratoria. It is an issue I take very seriously. We hear there is the potential for weakening the moratoria in another way by providing for potential amendments that allow States to opt out of the moratoria and possibly even revenue-sharing amendments that would encourage states to opt out of the moratoria. Allowing States to opt out would be detrimental to States' neighbors. This is an argument long understood and argued by Florida. New Jersey's coastline, obviously, is very close to other States. Tides move across state borders and fisheries don't recognize state borders. One State's choice could end up being detrimental to another.
We have ample reason to say that coastal states ought to be concerned about this issue. In fact, we have, for planning purposes, divided up the country into planning areas. The Mid-Atlantic and the North Atlantic OCS Planning Areas, which extend from North Carolina to Maine, is of most concern to New Jersey. But I understand the same arguments from everyone else in every other planning area. Water does not recognize the borders we have established in a political contest. We need to protect the offshore moratoria so that we can protect our beaches and our shores as we go forward.
Mr. President I have here a bipartisan, bicameral ``Dear Colleague'' letter from almost every member of the New Jersey Congressional Delegation that expresses the concern of those who represent New Jersey that this moratoria be sustained. I also have a bipartisan letter signed by over 100 Members of the House of Representatives, both sides of the aisle, stating their strong support for the legislative moratoria on activity in submerged lands of the Outer Continental Shelf. I ask unanimous consent that these two letters be printed in the Record.
This is a big deal for the State of New Jersey. It is for anyone who is exposed to the coast and has a tremendous amount of industry and tourism that is the livelihood of those individuals who live near the shore. We can avoid the conflict as it relates to the overall energy policy. But it is the responsibility of those who are to defend the interests of our State, to stand up firmly to protect our economy, to protect our environment, to protect our quality of life. We do not need this conflict with regard to this bill.
I hope my colleagues will keep that in mind in the days ahead. Otherwise, there will be those who have to fight in ways that are not our preferred approach especially when we would like to get a bipartisan energy bill to go forward.
I yield the floor.
Mr. President, I first thank Chairman Domenici and the ranking member, Senator Bingaman, as well as both of their staffs on the Energy Committee for all of their hard work on preparing an energy bill. Their leadership has allowed tbe Senate to come together to develop a comprehensive energy policy that is paramount to our Nation's future national and economic security.
With reservation on some issues, I supported the Energy Committee bill.
I rise today to speak about one of those particular issues--one of great importance to the people of New Jersey--the threat of oil and gas drilling off the coast of New Jersey's 127 miles of shore.
All of my colleagues heard Senator Nelson and Senator Martinez speak on the floor this week about Florida's treasured coasts and how important it is to Florida's environment and economy that its coasts be protected from any weakening of the moratoria on drilling in the Outer Continental Shelf.
My colleagues from Florida should take every step necessary to protect their beaches and coastal waters. As a Senator from a coastal State where tourism is the second largest industry, I, too, will take every step necessary to protect the Jersey shore from any effort to weaken the longstanding bipartisan moratoria on drilling in the OCS.
As I understand it, the chairman and ranking member have both agreed to oppose any amendments that would open up the OCS moratoria in the submerged lands off of Florida's coast.
I am, of course, opposed to any such exemptions from the moratoria, so I am pleased that both Senator Domenici and Senator Bingaman have also taken that position.
That being said, I find it more than a little disconcerting that the rest of the moratoria on the OCS still remain vulnerable to similar amendments that seek to weaken or destroy the moratoria.
As you may know, protecting the OCS moratoria has been a priority of mine since my tenure began in the Senate.
Along with Senator Lautenberg, I introduced the Clean Ocean and Safe Tourism Anti Drilling Act, COAST, in the 107th, 108th and 109th Congresses. This bill would make permanent the moratoria on OCS drilling in the Mid- and North Atlantic planning areas.
I know with certainty the people of New Jersey do not want to see oil and gas rigs off of our coast. As one of the fastest growing regions in the most densely populated State in the country, the New Jersey shore relies on the beauty and cleanliness of its beaches and the protection of its fishing grounds for a huge part of our State's revenue.
The New Jersey Department of Commerce calculates tourism alone generates more than $31 billion in spending, directly and indirectly supports more than 836,000 jobs, more than 20
percent of total State employment, generates more than $16.6 billion in wages, and brings in more than $5.5 billion in tax revenues to the State.
Any drilling or even the threat of drilling poses a real threat to New Jersey's environment, economy, and way of life. Remember, New Jersey is a State that already holds its own in supporting energy production and refining for the Nation.
We have three nuclear power plants, many traditional power plants, support siting of an LNG terminal, and we are debating wind alternatives. And New Jersey is the East Coast hub for oil refining. We are growing our energy businesses. But risking and exploiting our shore is a step too far.
I am not the only Senator who has concerns about the amendments to this energy bill that would weaken the OCS moratoria. I have been in contact with many coastal State Senators who agree that this bill must not include any provisions that undermine the moratoria.
My concern is reinforced by the inventory provision already included in the underlying bill. I am strong1y opposed to this provision and voted against it during committee markup.
I consider this provision a step onto a slippery slope toward the eventual drilling off the New Jersey coast and other areas currently under the OCS moratoria and possibly exposing our beaches and fisheries to unnecessary risks from adjacent locals.
Give the minimal benefit and significant downside of drilling off the coast of New Jersey, I do not believe it is worth threatening over 800,000 New Jersey jobs to recover what the Minerals Management Service estimated in 2000 to be 196 million barrels of oil, only enough to last the country barely 10 days and 2.7 trillion cubic feet of natural gas for the entire Mid-Atlantic region.
This level of estimated production can in no way be justified.
In comparison, areas off the Gulf of Mexico already open to drilling contain 18.9 billion barrels of oil and 258.3 trillion cubic feet of natural gas.
There are other amendments being floated about which cause even greater concerns with regard to weakening the moratoria. One of these potential amendments would allow States to opt out of the moratoria.
Allowing States to opt out of the moratoria could be detrimental to a State's neighbors--an issue Florida has long understood and argued.
New Jersey's coastline is very close in proximity to other States' coasts.
Tides move across State borders. Fisheries and fish don't recognize State borders. New Jerseyans have more than ample reason to be concerned if a nearby State decided to opt out of the moratoria and allow drilling off its coast.
As you can see, we appear dangerously close to the beginning of the breakup of the OCS moratoria. This should not occur, and I am prepared to fight any amendment promoting a weakening of the moratoria. These actions are as threatening to New Jersey's economy as killing ethanol is for corn growing States.
I am also prepared to fight any amendment that would provide a revenue-sharing incentive for States to opt out of the moratoria. There is much that is good in this bill and many good amendments to be considered, especially those offered by Senator Cantwell and Senator Bingaman.
I have a bipartisan, bicameral Dear Colleague letter from the New Jersey delegation expressing our concern with the inventory included in this bill, as well as these moratoria-threatening amendments I have been discussing. I ask unanimous consent that this letter be printed in the Record.
Mr. President, these letters indicate the bipartisan, bicameral support to protect the current OCS moratoria. Moving in the direction of ending the moratoria will bring unnecessary opposition to the overall objective.
Residents of coastal States should not have to fear the specter of oil rigs off their beaches. Again, I thank the Chair and ranking member for their leadership on the bill, and I look forward to working with them. I hope they will join me in protecting our precious coastlines.
I am happy to speak. Mr. President, I yield myself such time as I may consume. Mr. President, in speaking to the Bingaman amendment, I believe renewable energy resources are an important part of our…
I am happy to speak.
Mr. President, I yield myself such time as I may consume.
Mr. President, in speaking to the Bingaman amendment, I believe renewable energy resources are an important part of our energy mix. I do not think any of us could argue they are not. I also believe all consumers should have the opportunity to purchase green power if they so choose.
But I must tell you, I strongly oppose including a nationwide mandatory renewable portfolio standard in this Energy bill. Adoption of this amendment, in my opinion, would increase consumer electrical bills at a time when we are trying to do just the opposite by the very legislation that is on the floor. This would have a particularly negative consequence for those who can least afford it, such as the working poor and the elderly living on fixed incomes.
For many regions of the country not blessed with renewable energy wealth, or resources, this RPS mandate would essentially result in a huge wealth transfer payment from consumers to the Federal Government or to renewable energy generators located in other areas of the country. In essence, if you say to all States, you have to meet this standard, and you by your physical presence on the globe cannot, you are not blessed with wind--and later on I will show this is dominantly for that purpose--then you will pay the price.
Adoption of this amendment would conflict with the RPS programs that have already been adopted in the way that we like good energy policy to evolve; that is, within the State and within the State structure. Twenty States already have developed renewable resource policies and implemented
timetables. This amendment ignores those States' programs; in other words, it says: Oh, well, if it fits there, it fits everywhere.
We have simply known in our country for a long time that energy has a State, if not regional, character. While there is some national value in tying it all together, the regional character of our energy production is still very real today and my guess is will be tomorrow.
The national Energy Information Administration estimates that wind energy would benefit most by the RPS mandate. In an analysis performed in 2003, EIA projected that wind energy would provide 141 billion kilowatt hours of generation by 2020. EIA's cost estimates for an RPS are heavily dependent on wind energy being built.
I would point out that a wind resource map prepared by the National Renewable Energy Laboratory graphically demonstrates that the entire southeastern region of the country has virtually no wind potential. Large areas of the upper Midwest have marginal wind potential, unless those States plan to build wind farms in the Great Lakes.
EIA's wind energy projection seems wildly, even naively, optimistic to me. Why? Because a wind turbine is just as vulnerable as any other energy facility to a localized disease in our country called ``NIMBYISM,'' or ``Not In My Back Yard'' syndrome.
And the fewer wind projects that are built, the more the RPS mandate ends up being just a new Federal energy tax that consumers will pay on traditional sources of energy, such as nuclear, coal, and natural gas.
Dollars will just be transferred from consumers' pockets to the U.S. Department of Energy to buy renewable energy credits so utilities can meet these RPS standards.
Even self-proclaimed environmentalists fall victim to NIMBYISM when the plans call for wind turbines to be built in their back yard. Apparently, wind turbines are fine in theory as long as the alleged proponents cannot see them.
Let's look at what has really happened when wind developers announced plans to build wind energy facilities.
Nantucket Sound: A wind energy firm announced plans to install 130 wind turbines, spaced one-third to one-half mile apart, more than 6 miles off the coast of Hyannis in Nantucket Sound. This project has been in the works for several years. The Massachusetts energy facilities siting board, in May, finally approved construction of two 18-mile transmission cables that would link the wind turbines to the shore.
The wind farms would provide Cape Codders with roughly 75 percent of their energy and New England with about 1.8 percent of its total energy needs. The power would come without air emissions or using a single barrel of Middle East oil.
You would think, with that kind of glowing announcement, the environmentalists would strongly support that approach. The answer is quite obvious--they do not. Many of them are up in arms organizing and moving against this very proposed idea. A coalition has been formed waging very expensive campaigns to stop the wind farm project. They are talking about it as if it were an ``Exxon Valdez'' crisis or disaster because of what it would do to the character of Nantucket Sound. ``Not in my back yard.''
Well, then, let's go to Vermont. A possible Vermont wind farm located on the mountaintops around East Haven is drawing local opposition. A ``large, diverse, well-organized citizens group'' is fighting the project and doesn't believe that wind energy has a place in Vermont. Well, wait a moment. Vermont is one of the most environmentally pure States in the Nation, by their own admission. And yet wind is supposed to be the most environmentally benign form of energy production. The ``Montpelier Times'' reported on the East Haven wind farm's future. Vermonters are saying it loudly and saying it clearly: Wind turbines have no place in Vermont.
Well, let's go to Maine. How about Maine? A 29-turbine wind energy project proposed for western Maine is being strongly opposed, again, by the environmental community of Maine. They are saying it will destroy the vistas of the Appalachian Trail. The project would be built 10 miles away from it. It is going to take a few roads and power lines. You have to have a road to get the turbine in place, and you have to have a power line to get the power away from the turbine. No, no. The park manager of the Appalachian National Scenic Trail wrote to a Maine newspaper that the project ``would be an `in your face' facility for long stretches of the Appalachian Trail. . . .''
The debate goes on. But in Maine they are saying, as they said in Massachusetts and as they said in Vermont: Not in my back yard.
Well, let's go to Virginia, then. How about Highland County in Virginia? They are strongly opposing a wind turbine project 3 years after it was proposed. The project proposes construction of 18 to 20 wind turbines. More than 500 people attended a May hearing on the project. About two-thirds of the Highland County residents signed a petition against the project.
Again, that dreaded disease of NIMBYISM has struck in the heart of Virginia. ``Not in my back yard. No. Somewhere else. Not in my back yard.''
But what does the amendment do? It says that it better be in everybody's back yard or you are going to get taxed for it so it can be built somewhere else.
In Kansas, landowners and environmental groups bitterly fought construction of a wind farm. This is in the Flint Hills region of Kansas. The area is the largest surviving vestige of the tall prairie grass. I did not know that wind turbines would hurt prairie grass, but it does. Of course, the tall-grass prairies out there, without question, are a beautiful piece of nature. I do not deny that, as no one should.
Work began on the $190-million project in May of 2005, despite ongoing opposition. An environmental activist said:
It's not a time for celebration, but a time for folks to
redouble their efforts to protect the remaining Flint Hills.
And so on goes the article from the ``Kansas City Star.''
What is the conclusion one can draw from the opposition that is now mounting against those very large turbines? The Senator from Tennessee has been so clear in explaining what these turbines are all about. For those of you who do not understand the visualness of the large German turbine, step outside, walk out to First Street, and look back at the Capitol building. Look at the top of the Statue of Freedom, and then visually come all the way down to ground level. That is about tip to tip on the large turbines. That is just about how big they are, about 300 feet tip to tip. So they have high visibility because you have to get them up above the ground, on a large tower, and fit them into the airstream.
That is why people are reacting today. Yet we know that this RPS standard is dominantly a wind standard. That is how you get there-- because we are not going to build any more large power dams in Idaho. Some would even deny that hydro is a renewable resource. We know we are not going to do much more geothermal because not all States are blessed with the dynamics of geothermal energy. My State has a little of that. Dominantly, what we are talking about is wind, and some photovoltaic, although wind is by far more advanced in its engineering and its development.
As these stories and experiences make clear, wind energy facilities are no more immune to NIMBYISM and the syndrome and that lethal virus than any other item when it comes to disturbing the character or the uniqueness of one's personal surroundings. It is how we believe. It is the character of our own local community. So when many over the years have said, ``Oh, but this is the most benign of all energy production, this fits our environmental portfolio,'' we are finding it is quite the opposite. Really, nothing fits some people's portfolio when it comes to energy production.
If wind farms are OK as long as they are built somewhere else, then where are the right places? Where are all these wind turbines going to go to be built that EIA assumes are going to be built under an RPS mandate? Will wind turbines be built in remote areas of the country without enough transmission capacity to move the power to where the consumer is? More than likely. Texas has a State RPS program, and a lot of wind capacity has been built in
that State. Unfortunately, about 1,000 megawatts of wind capacity was built in west Texas on the wrong side of a transmission constraint. Got the turbines, can produce the power, can't transmit it to where the people are. As a result, a lot of that wind power has been stranded.
The regional coordinator responsible for maintaining reliability of the Texas transmission grid has stated that ``the sparse transmission system in the area has required almost daily limits on the output of this [wind] resource to keep within transmission operating limits.''
Maybe we can build all of the wind power we need in North Dakota. It has been called the Saudi Arabia of wind potential. I know the Senators of that State are strong supporters of this RPS mandate. Unfortunately, according to the North American Electric Reliability Council, the reliability region in which North Dakota is located is monitoring 31 transmission constraints already within the grid of that region.
The NERC 2005 Summer Assessment Report states that ``these constraints can limit [power] imports and exports,'' and the story goes on.
Now you can see why I suggest--and I hope many support the idea--that States do it on their own as it fits their needs. But when we create a national mandate on a renewable portfolio, and it is restrictive to the character of the region or the capacity of the region, we are taxing one area against another. That simply is not good public policy. I don't think it ever takes us where we want to go.
What we crafted in our Energy and Natural Resources Committee and is now on the Senate floor as a very important piece of legislation took into consideration all of what we thought was important and right. It is a bipartisan piece of legislation. I hope the amendment that I have spoken to--and that others are speaking to--will be rejected by the Senate. It simply does not fit. It will not bring us where all of us want to go, and that is to greater sources, cleaner sources, reliable sources, a mix of sources, in our energy production for this country. I hope my colleagues will reject the amendment.
I yield the floor.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I understand--because of certain committee meetings and time considerations--that we have been asked to extend the time in which there will be a vote. So I ask unanimous consent that the time of 2:15 be extended until 2:30 on a vote on the two amendments that are on the floor and that time be equally divided between both sides.
I thank the Chair.
Mr. President, I suggest the absence of a quorum.
I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Amendment No. 791
Mr. President, I rise in opposition to amendment No. 791, Senator Bingaman's amendment which would require a mandatory renewable portfolio standard, or ``RPS.'' I am a big supporter of new, clean…
Mr. President, I rise in opposition to amendment No. 791, Senator Bingaman's amendment which would require a mandatory renewable portfolio standard, or ``RPS.''
I am a big supporter of new, clean forms of energy. I am convinced that we cannot become energy independent without making renewable energy resources an important part of our energy mix.
I also believe that each region of the country has something to offer to meet this country's clean energy needs, but what each region has to offer is not the same. For that simple reason, I oppose including a nationwide, mandatory renewable portfolio standard in this energy bill.
In particular, for many regions of the country not blessed with renewable energy resources, this RPS mandate would essentially result in a huge wealth transfer payment from consumers to the Federal Government or to renewable energy generators located in other areas of the country. The amendment ignores the reality that some regions of the country simply do not have the amount of renewable resources demanded by this amendment.
The leading advocate for wind power, the American Wind Energy Association, lists my home State of Missouri as the 20th best state for wind energy potential. That would seem to imply that Missouri would have no trouble meeting a 10 percent RPS with wind energy.
However, the detailed studies done by the National Renewable Energy Laboratory show that the wind Missouri does have is of insufficient power and consistency for utility grade wind turbine applications. In other words, the utilities in Missouri cannot build windmills in the State to meet an RPS. There's just no wind to make them turn.
Missouri is not the only State that finds itself unable to use wind, the one renewable resource that RPS proponents do not dispute is central to meeting the proposed requirement. The wind resource map prepared by the National Renewable Energy Laboratory graphically demonstrates that the entire southeastern region of the country has virtually no wind potential. Those States are even worse off than Missouri. Moreover, large areas of the upper midwest have marginal wind potential, unless those States plan to build wind farms in the Great Lakes, and I don't think any of us expect that to happen.
So if not wind, what else might be used? The proposed amendment lists a limited number of forms of renewable energy that meet the requirement--solar, wind, geothermal energy, ocean energy, biomass, landfill gas, or incremental hydropower.
My State has just a little bit of hydropower. However, under Mr. Bingaman's proposal, existing hydropower, though clearly a renewable resource and one of the very cleanest and cheapest sources of electricity, inexplicably does not count. All of the hydropower in the Pacific Northwest also does not count under this proposal.
My State also has a generator that burns tire chips. Every tire that is burned to make electricity is one less that will be tossed into our overburdened landfills. That is certainly something we should encourage, but are tires considered renewable? I do not see us driving cars without tires anytime soon. Nevertheless, tire chips do not count, either.
The National Renewable Energy Laboratory has also found that Missouri does not have utility-scale geothermal, solar, or fuelwood biomass resources, either. So what do I tell my homestate utilities that they should use to meet this RPS requirement?
This morning, Sen. Bingaman acknowledged that many States do not have access to the best renewable resources. He recognized that wind, solar, and geothermal resources are generally concentrated in western States. These are the major sources of clean, renewable power. He suggested that, no matter, another renewable--biomass--is available in every State. What he did not tell you, however, is that you can not just toss switchgrass or other biomass into a boiler and churn out electricity.
Biomass is not generally used to make electricity today, and its use is not without substantial costs. It must be thoroughly dried before burning. That requires lots of space and energy for drying and, obviously, it can not be stored outside in a heap like coal. Building a drying and storage facility to process and store the mountain of biomass it would take to meet an RPS requirement would cost a lot of money. There would also be quite a cost to gather and transport these materials from the hundreds of acres it would take to grow sufficient biomass just to equal a couple of tons of coal. Plus, there is a substantial cost to consumers for utilities to modify their boilers to co-fire or blend biomass fuel. And, on top of this, burning biomass may leave the utilities with additional cost to comply with the Clean Air Act.
Proponents of a mandatory RPS say, ``Just buy wind power from wind generators in other States.'' Sounds easy enough, but how do we get that power to the State? Wind turbines obviously have to be built where the wind is. These locations are usually remote and far from our cities where the electricity is most needed. In most every instance, there is insufficient transmission capacity to move that power to where it is needed. And at $1 to $3 million a mile, new transmission does not come cheaply, nor is it easy to get all of the necessary approvals to get it built. So I am not ready to say I can count on economically transmitting wind power to Missouri, if at all.
Moreover, wind turbines are just as susceptible to fierce local opposition as any other energy facility proposed near population centers. Senator Alexander has highlighted how large and intrusive each of these modern wind turbines are. And while one on the horizon may be interesting, it will take hundreds of them on that horizon to meet a 10 percent RPS requirement. I do not know that this is how any of us want to meet our Nation's energy needs, if we can even get that many wind turbines built.
What is the result if this wind energy does not get built or can not be delivered? This RPS amendment will end up being nothing more than a new energy tax on consumers who depend on traditional fuels for their electricity. Higher energy costs, particularly those that result in a wealth transfer payment from our constituents to the Department of Energy, is not good energy policy.
Utilities in my State already voluntarily offer the green power that they have available to their customers if they prefer to buy green. They are adding wind generators where they can--For example, Kansas City Power and Light is adding up to 200 megawatts of wind power in Kansas. This is about as much as they have found feasible to produce there. But this does not even come close to meeting a 10-percent RPS requirement.
According to EIA, total electricity sold in 2002 by the Missouri utilities that would have to meet the proposed RPS was 47,378,256 megawatt-hours, meaning Missouri utilities would have to produce 4.7 million megawatt-hours of renewable electricity, and this amount will only grow, as electricity demand has increased in recent years by nearly 5 percent.
KCP&L's 200 megawatts of wind energy capacity will translate into no more than 584,000 megawatt-hours of wind energy, assuming the energy is available \1/3\ of all hours of the year, far
short of the 4.7 million megawatt-hours that a 10-percent RPS requirement would demand. Even on a capacity rather then energy basis, the 200 megawatts would only equate to 5 percent of KCP&L's current generating capacity of 4,000 megawatts.
KCP&L estimates that to meet the RPS requirement it would face with wind energy, it would need as much as 450 megawatts of wind. This equates to about 297 wind turbines, each of which needs at least 60 acres of land, meaning it would take upwards of 18,000 acres of land to meet the RPS requirement. KCP&L estimates the total cost of complying with the RPS proposal to be between $400 and $500 million. And that's just one utility that serves just a portion of Missouri.
Today, the cost of all types of energy is at unacceptably high levels. Adoption of this amendment would increase consumers' electric bills, since if a utility cannot meet the standard, it would have to buy credits at 1.5 cents per kilowatt-hour.
Missouri's average retail rate for electricity is around 6 cents per kilowatt-hour, making the RPS amount to a 25-percent increase in cost to Missouri customers for this portion of their electricity needs. This would have particularly negative consequences for those who can least afford it, such as the working poor and the elderly living on fixed incomes.
This is just a wealth transfer from States with little renewable resources to those with a lot. We do not do this for any other source of electricity--States with low cost coal or hydropower do not subsidize States that rely on higher cost fuels such as natural gas. Why should we have some States subsidize others to promote a selective fuel for producing electricity? At 1.5 cents per kilowatt-hour, this could cost Missouri consumers as much as $71 million a year.
Such a large sum of money would be better spent in shoring up our Nation's transmission grid or pursuing other clean energy sources. Missouri utilities are voluntarily spending hundreds of millions of dollars pursuing clean coal technology to take advantage of the natural resource that is readily and economically available to Missouri, just as other States are doing what they can with the resources they have available, whether that is coal, natural gas, wind, biomass or other forms of energy such as nuclear.
Utilities are also spending hundreds of millions of dollars to retrofit their plants to remove NOX, SO2, and mercury from emissions, and may be subject to CO2 reductions as well. KCP&L alone is spending $280 million to meet emission reduction goals.
Adding a tax to support renewables in other regions of the country is an excessive burden on this critical industry that needs to be focusing capital resources on improving the transmission grid to increase reliability. This transmission investment is needed to improve the existing grid, not to extend the grid to remote locations where wind turbines must be placed, far from where the electricity is used.
States that have renewable resources in sufficient quantity have already moved ahead and adopted renewable portfolio standards tailored to the resources of the State. Not surprisingly, adoption of this amendment would conflict with the RPS programs adopted by 20 States that have different eligible renewable resources and implement timetables.
Even some of these States with their own RPS will not be able to meet this mandatory proposal. Of the 20 States with portfolio requirements, only 13 of them have set a standard high enough to meet the proposed 10-percent Federal standard by 2020. Some of 13 that meet the 10- percent threshold may still fail simply because their definition of renewable energy doesn't meet what would be the national standard definition. They, like other States coming up short will be subject to what amounts to a Federally-mandated energy tax.
I believe that, if we want to encourage renewable energy, and we do, a better way of doing it, particularly for wind, is through stable tax credits. Stable tax credits are the better solution to encourage renewables. A greater need for wind developers than the RPS is the certainty of a production tax credit that doesn't annually disappear and reappear. Extending this credit from an annual credit to 5 or 10 years would make wind competitive in areas of the country where it is viable and wanted. An RPS does not make wind competitive in the marketplace; it just raises the cost of electricity to consumers, who are already paying too much for energy. This is not good energy policy.
I urge the Senate to reject this amendment.
Mr. President, I rise today with a profound sense of optimism and appreciation. We have not enacted a comprehensive energy bill since 1992. Many programs need reauthorization and many need revision.…
Mr. President, I rise today with a profound sense of optimism and appreciation. We have not enacted a comprehensive energy bill since 1992. Many programs need reauthorization and many need revision. Programs and demonstrations must be updated to today's and tomorrow's energy parameters.
I have long said that the Nation needs a comprehensive blueprint for an energy policy that will take us in advanced directions, away from dependence on declining reserves of fossil fuel and foreign sources of oil. We need a policy which will reconcile growth and energy conservation in our transportation, manufacturing, utility, and consumer sectors across the Nation. We need to bring down the high costs of electricity and gasoline for the country, particularly in my State of Hawaii, and pursue greater energy independence from petroleum products. S. 10, the Energy Policy Act of 2005, provides the best opportunity that I have seen in years.
As a senior member of the Senate Committee on Energy and Natural Resources, I am familiar with cutting-edge technologies and approaches to generating energy. I was closely involved in crafting several parts of this energy bill--legislation that contains three bills that I have introduced, and a hydrogen title that was crafted with the leadership of Senators Dorgan, Graham, and myself as members of the Senate Hydrogen and Fuel Cell Caucus. I have contributed to comprehensive energy bills in 2002 and in 2003.
I wish to thank both Senators from New Mexico for their leadership and hard work in bridging many regional
differences in this comprehensive bill, while still keeping in mind the overall vision for an energy bill. The Energy Committee, under the leadership of Senators Domenici and Bingaman, held a series of structured hearings that were informational briefings from a broad spectrum of industry, environmental groups, non-profits, and small businesses. Senator Domenici and Senator Bingaman are to be commended for keeping an open mind about the potential for new energy sources and a balance of renewable and fossil fuels, science and research and development. In sum, this is a balanced energy bill.
The energy policies that we address in this legislation cover a vast range of authorities and a patchwork of unruly regional alliances. This translates to an enormous challenge, and I appreciate Senator Domenici and Senator Bingaman's hard work and the work of their staffs. I want to compliment them on crafting an energy bill that will help the Nation as well as States with special ``off-grid'' energy needs such as Alaska, my state of Hawaii, and insular territories and commonwealths.
I support this bill and voted for it in our Committee. The bill is well-balanced between renewable energy production, energy efficiency provisions, oil and gas technologies, electricity provisions, and alternate and visionary sources of energy such as hydrogen. The bill invests in the Nation's Research and Development for energy technologies, something that we must continue doing to remain leaders in the world, as global demand for energy increases. The last title of the bill, Title Fourteen, provides much-needed incentives for innovative technologies, through loan guarantees for new energy facilities and projects.
I greatly appreciate the inclusion of title VIII, the Hydrogen title. I am an original cosponsor of S. 665, the Hydrogen and Fuel Cell Technology Act of 2005, and worked with Senators Dorgan, Graham, and other members of the Hydrogen Caucus to craft this bill, which is included in S. 10. The bill reauthorizes and amends the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990, which has been the basic authority for Federal hydrogen programs for the last 20 years. Reauthorization of the Matsunaga Act is badly needed and I have been working toward that goal for several years. The bill provides for robust R&D for hydrogen fuel cells. It includes a provision to enhance sources of renewable fuels and biofuels for hydrogen production among its R&D priorities, which is very important for isolated areas such as Pacific islands and rural areas across the Nation.
In addition to the R&D section, the bill includes hydrogen fuel cell demonstration programs for vehicles and for national parks, remote island areas, and on Indian tribal land. The bill authorizes system demonstrations, including distributed energy systems that incorporate renewable hydrogen production and off-grid electricity production. In other words, the bill includes a broad range of hydrogen energy applications that will reach out to rural communities and lower income families, hospitals, military facilities--not solely vehicle applications and infrastructure. It recognizes the importance of developing hydrogen from renewable sources and demonstration projects for stationary and distributed energy systems in remote areas and islands.
I am pleased that the bill contains my request for an energy study in Hawaii. I thank Senators Domenici and Bingaman for including my bill, S. 436, the Hawaii Energy Study bill. Hawaii is uniquely dependent on crude oil for its energy sources. Before we invest in a different energy mix and infrastructure, we need to make transparent all the dynamics between fuels, generating electricity, and the consequences of the directions we choose.
The bill directs the Secretary of Energy to assess the short- and long-term prospects of oil supply disruptions and price volatility and their impacts on Hawaii, and to assess the economic relationship between oil-fired generation of electricity from residual fuel and refined products consumed for transportation needs of Hawaii. In Hawaii, the costs of gasoline, electricity, and jet fuel are intertwined in an intricate relationship, because they all come from the same feedstock, and changes in the use of one can potentially drive consumer prices up or down.
Although we approved an ethanol title yesterday, I would like to add a few words on the topic of the ethanol mandate. First, I would like to extend my appreciation to Senators Talent and Johnson, and their staff, who have shown great leadership in working with committee members to understand the challenges that States face with a Federal ethanol mandate. I am particularly sensitive to States' needs with respect to renewable fuels and renewable energy. In Hawaii and other remote areas we lack the ability to produce ethanol. We would like to have that ability to free us from importing ethanol and the rising price of crude oil.
Hawaii has had the highest gasoline prices in the Nation over the last 10 years. We also have a State mandate to use ethanol, enacted last year and due to go into effect in spring of 2006. Our State ethanol mandate is driven by the desire to increase the use of biomass, increase the renewable content in our transportation fuels, and decrease the imports of crude oil to Hawaii. These are all good goals. Our sugar interests and ethanol producers are struggling to put facilities into place to produce ethanol because we need to meet our State mandate.
This is why Senator Inouye and I greatly appreciate the inclusion of cellulosic and sugar cane-to-ethanol provisions in this bill. The demonstration provisions will greatly assist us in reaching our ethanol goals in the State.
We also need a loan guarantee program to help our producers. The loan guarantee program in the amendment we adopted is more restrictive than the one approved and reported by the Energy Committee. Hawaii's ethanol facilities are projected to produce between 7 and 15 million gallons of ethanol and the market in Hawaii is about 45 million gallons. Hawaii has an independent market and a State requirement for ethanol. Our plants will be smaller than in other States and would greatly benefit from a loan guarantee program for smaller producers. This is very important to my State and I look forward to working with my colleagues to further address this issue in conference.
In other titles of the Energy bill, I am pleased that title VI, Nuclear Matters, includes provisions of a bill I introduced earlier this year, S. 979, to require the Department of Energy to provide for a facility for the safe storage of greater-than-class-C radioactive waste. Radioactive sealed sources, which can be used to create a ``dirty bomb,'' are all around us and pose a great risk. The administration must take action to ensure the control and safe disposal of those sources.
The energy bill also includes S. 711, a bill I introduced with Senator Murkowski to reauthorize the methane hydrates program at the Department of Energy. Hydrates are important--the U.S. has enormous hydrate resources, perhaps as much as a quarter of the world's gas hydrates. As increased demand draws down natural gas reserves, we must look to additional sources, such as hydrates, for the future. The bill includes a robust methane hydrates program that includes the recommendations of the National Research Council's study on the program and future of methane hydrates.
We still have much work ahead of us. The bill does not include fuel economy standards which significantly increase the fuel efficiency of automobiles and are a vital component of a comprehensive energy policy. The American people want to spend less money on gasoline, be less dependent on foreign oil, address the issue of climate change, and breathe cleaner air. Strong fuel economy standards help provide some solutions. Also the bill does not address the growing emissions of carbon dioxide, which are radically changing the world around us. I am hopeful we will address these matters on the floor and I look forward to the debate.
Again, I appreciate and commend my colleagues Senators Domenici and Bingaman on the bipartisan nature of this bill and the process by which it was developed.
amendment no. 794
Mr. President, first let me say to my friend and colleague from New Jersey how much I admire his commitment to our State and to the things that protect our environment and our well-being. I am very…
Mr. President, first let me say to my friend and colleague from New Jersey how much I admire his commitment to our State and to the things that protect our environment and our well-being. I am very proud of Senator Corzine. I have mixed feelings about whether I want him to win the race in New Jersey because it is nice to have a hometown boy around.
I join Senator Corzine in this attempt to protect our State from being affected by drilling for oil off our shore line. When I was a boy, I had occasion to spend time at the New Jersey shore. It was, for me, a matter of almost paradisiacal value to be able to get to that shore and never think about whether we were going to step on plastics, needles, oil spills, or anything like that. It was so much a part of our culture that to change it in any way that we do not have to is an act of poor judgment.
The top of the list, as far as we are concerned, is the New Jersey shore. We call it ``the shore.'' In the summertime, few things are better than a day at the beach, watching your children or your grandchildren play in the surf or go out on a fishing boat or learn something about marine life. We have seen times when a spill occurs how it spoils an entire area.
We are at a time now where in desperation we are searching for ways to make up for our profligate use of oil. We are looking around, trying to find ways to substitute for the bad judgment we used for so many years, for letting it go, for not requiring cars to meet standards for oil consumption or gas consumption.
Hurting our environment, having oil ruin our most delicate and precious resources. It is just not right.
If one wants to fish or walk along the boardwalk, those from New Jersey go to the shore. If you want an evening's recreation, you go to the shore. It is nearby. It is part of our life. It is part of what we think of as the periphery of our State: 127 miles of shore line, the major economic engine for New Jersey.
Tourism, as we heard from my colleague, is a $30-billion industry and supports hundreds of thousands of jobs. Seventy percent of all the State's tourism revenues originate at the shores. Our shores are very important to us. But it goes beyond the economy. It goes beyond all kinds of things that one might think. When you look at the marine ecology, when you see what happens with clam beds or shellfish beds, we cannot fish them any more because of contamination, because of toxins. Those affect our everyday lives.
For 35 States in this country, the coast is at our door, the shore is right there for us--for 35 coastal States. Of course, it includes the States in the Great Lakes area. They too have an interest in protecting their waters. So when anyone proposes something that could put our shores at risk, we take it very seriously.
Of course, that brings us to the bill we are currently considering. There has been a great deal of discussion about violating our longstanding prohibition against offshore drilling by allowing States to opt out of the moratorium. Now, what would that mean? We recently had a spill in the Delaware River. Did it do more damage to New Jersey than it did to Pennsylvania or Delaware? It damaged all of them. Oceans know no boundaries, unless we put up a seawall that extends beyond the borders of our State way out into the ocean and say: OK, you can drill on that side but not the other.
I see the majority leader and Democratic leader looking at me so wistfully, and I wonder if it is in admiration or whether it is something else they had in mind.
I yield, provided I do not lose the floor.
Mr. President, the point I was making just a few minutes ago was that we ought not permit States to opt out of this moratorium, this prohibition against offshore drilling because what happens in a neighboring State, whether it is Delaware or Maryland or New York State or Connecticut or Massachusetts, affects what happens in my State very often. The same is true on the Pacific side of things. The same is true for the Gulf of Mexico. You cannot simply say: Let a State do the drilling. They may be more interested in the income than in the protection of the environment. But we are not. I can't emphasize strongly enough the importance of protecting the sensitive marine areas off the New Jersey coast and other coastal States.
For more than two decades, both Democratic and Republican administrations have respected the moratorium on leasing and preleasing activities on the Outer Continental Shelf. But now we are talking about doing away with this protection. It would be foolish and shortsighted. One only needs to look at the list of accidents at sea and see what happened to neighboring States or neighboring communities not at all connected to the place where the accident happened. We just ought not permit it.
The Department of Interior's Minerals Management Service estimated in the year 2000 that the waters off New Jersey might hold enough oil to supply the country with 10 days of oil. What does it mean in the scheme of things? Ten days of oil and run the risk of destroying marine life and a culture that is associated with coastal States? It is a part of our lives. Heaven forbid that it changes from being part of our daily lives.
Do we want to risk hundreds of thousands of jobs for 10 days? I don't think so. Do we want to risk changing the culture of our society, our coastal society? I don't think so.
The people of my State and the residents of all coastal States do not want oil and gas rigs marring their treasured beaches and fishing grounds. The occupant of the Chair, coming from a beautiful coastal State, tiny though it is, but so much dependent on the sound and the ocean, I am sure understands the risks of having oil rigs out there that could damage the culture of the State as well as the marine life and the ecology. We don't want that to happen. I don't mean to speak for the Presiding Officer, but I know that Rhode Island has similar problems to States such as New Jersey.
Drilling poses serious threats to our environment and to our economy. Drilling requires onshore infrastructure that can harm sensitive coastal zones. The massive amounts of mud it displaces when drills go down into the earth must be dumped somewhere else.
The constant risk of oil spills cannot be minimized.
I was chairman of the Transportation Subcommittee of Appropriations about 15 years ago when the Exxon Valdez ran aground. Because I had Coast Guard in my subcommittee, I took the opportunity to get up to the place where the vessel was floundering within 3 days after it ran aground. It was in some way kind of a mystical allure. You could see the sheen on the water, and it spread with all of its color but all of its menace at the same time. I saw brave people from our Department of Interior and Fish and Wildlife getting off on these tiny islands with helicopters and small boats and taking the birds out and fish and trying to clean them up one by one wherever they could. It was devastating. I visited there at that time. I find out that today, 16 years later, that disaster is still taking a toll on the environment.
When I take my grandchildren to the beach, I don't want them to discover oil underneath a rock, as one still does in the area where the Exxon Valdez ran aground. I don't want them to see birds or mammals sickened by their inability to breathe properly as a result of a coating of oil. I don't want to hear about the coral destruction that provides the nutritional base for our fish and marine life.
The Exxon Valdez spill was one of the largest oil spills we have suffered, and it was only one of many. According to the Department of Interior, 3 million gallons of oil spilled from offshore operations in 73 incidents between 1980 and 1999. It is an average of about four incidents a year, more than 40,000 gallons of oil per spill. That is more than enough oil to ruin a beach town's tourist season for years to come.
We cannot afford to damage our shorelines--and we should not be asked to do it--or the marine life that inhabits our coastal waters. Nature has been good to us. It supplies us with the seas and the water and the land and the mountains. We ought to try as much as possible to keep that intact.
Ending the moratorium in any State completely undercuts the position our Nation has upheld for many decades. It clearly undercuts the stated wishes of coastal States that would incur the
greatest damage. The United States needs new sources of energy. I agree with that. But where have we been in these past years as the consumption of oil increased? Buying it from people who aren't even friends of ours, but who are always asking us to protect them in moments of trouble. And some of those states we know have been accused of and it has been established that they support terrorists who fight against us. Did that cause us to say: Hey, we ought to change things? No. It didn't. We simply said: Get bigger cars and use more gas and let the devil take the high road. It ought not be that way. The United States needs new sources of energy.
Fortunately, our Nation has many energy sources that are vastly underutilized. One of those sources for finding our way out of this mess is to continue to invest in alternative methods for producing energy in universities and research institutes. We can bolster our Nation's energy security without drilling offshore. A day at the beach should mean fun, clean water, natural beauty, not oil slicks or drilling rigs. We need to keep the existing prohibition on offshore drilling in place. That is what Senator Corzine and Senator Bill Nelson and other Senators from coastal States and I intend to do.
Mr. President, I yield the floor, and I suggest the absence of a quorum.
Mr. President, this morning I am pleased to be joined on the floor by my distinguished colleague from the State of New York. Together we share an important goal to improve health care quality and…
Mr. President, this morning I am pleased to be joined on the floor by my distinguished colleague from the State of New York. Together we share an important goal to improve health care quality and reduce costs through the use of health information technology tools.
I had the wonderful opportunity of spending 20 years as a physician and as a heart surgeon before coming to this body. Like most physicians, I wanted to and, in fact, did use the very latest, most advanced technology, anything that could possibly, in my practice, make my patients live a healthier life, a better life, a more comfortable life.
But amidst the artificial heart assist devices, the lasers that are used to remove lesions in the windpipe or the trachea, CT scan machines, x-rays, digital x-rays, digital thermometers, doctors today, unfortunately, for the most part, keep patient records the very same way I did 10 years ago and, indeed, almost exactly as my dad did 60 years ago as he practiced medicine, and that is handwritten on paper in manila folders, typically stored in the basements of clinics or doctors' offices or hospitals.
It is amazing because we design hospitals, structures on computers today, we conduct medical research with computers, we use computers in nearly every aspect of the clinical setting, the delivery of medicine. From very compact bedside monitors to these massive MRI scanners we have today, computers power almost everything we use, everything we do in terms of diagnosis in medicine, in health care.
But--and this is what we have come to the floor to address--when it comes to health information, when it comes to electronic medical records, we are in the stone age and not the information age.
Imagine a traveler far away from home who gets in an automobile accident and is taken unconscious or confused to a hospital. Paramedics rush them to a hospital, and at the very moment that individual arrives at the door of that emergency room, the emergency room physician meets them, but emptyhanded, with no notification of allergies or past medical history or preexisting illnesses, all of which is potentially lifesaving information. That is inexcusable in this day and age.
My colleague from New York knows this all too well.
Mr. President, this needs to change and it must change. We must establish an interoperable privacy-protected electronic medical record for every American who wants one. Working together, our Nation can confront these challenges, and we can build an interoperable national health information technology system. We know it will save lives. We know it will save money. It will improve quality and it will lead to huge measurable progress in the medical field, in the health field.
We face enormous problems as a result of the underinvestment in health information technology. No industry as important to our economy as health spends as little on information technology. Our Nation has nearly 900,000 doctors and over 2.8 million nurses. Americans visit a doctor 900 million times per year. We have nearly 6,000 hospitals all over the country. Our health care system is enormous, yes, but it is dangerously fragmented. Even a small efficiency improvement can greatly reduce cost and improve quality, and there is plenty of room for improvement.
The problem is enormous and the problem is real. So what are we going to do about it? Senator Clinton and I propose three concrete steps to remedy these problems and establish a fully interoperable information technology system. First, we must establish standards for electronic medical records. Sharing data effectively requires more than just that fiber optic
cable, more than those Internet connections. It requires standards and laws that make it possible to exchange medical information in a privacy-protected way throughout our Nation.
The Government should not impose these standards on the private sector, but it has a duty, and indeed it has an obligation, to lead the way. Medicare, Medicaid, SCHIP, the Indian Health Service, and other Federal programs should lead the way and establish electronic health records for all of their clients.
The Veterans' Administration already leads the way with interoperable systems, but we need to get the VA to be able to talk to the Department of Defense.
Mr. President, as we talk about these systems and standards and words such as interoperability, which, as the Senator from New York said, does mean being able to connect it all together, people who are listening must ask: Well, how in the world do these electronic health records and the appropriate use of that data bring concrete benefits to them as individuals and to their families?
First, it will reduce waste and inefficiency in the system. It only makes sense that fragmented systems, with no interconnectivity at all, have inherent inefficiencies and waste. That is moved aside. That has a very direct impact on lower costs, making health care more affordable and thus available for people broadly.
It improves quality. Right now we know that medical errors occur. Too many medical errors occur in our health care system today. By the application of technology, we can move those medical errors aside. They will not occur and that improves quality.
They will empower patients. It gives that individual who is listening right now the knowledge and power to be able to participate in a consumer-driven system where choices can be made, where the focus is on the patient, that is provider friendly, that is driven by information and choice and empowerment to make that choice.
They will protect patient privacy and promote the secure exchange of life-saving health information. It is spelled out in the legislation. It is going to be privacy protected.
For the first time, they will seamlessly integrate this advancement in health information technology with quality measures, with quality advancements, harmonizing and integrating them in a way that simply has not been done in the past.
This proposal brings together people, as we can see, from across the political spectrum, and it will unlock the potential of medical information technology for all Americans.
I thank my colleague in this endeavor. As mentioned earlier, we began working on the information technology aspects of health care about a year ago and published our first op-ed together about July of last year.
In closing, this is not going to be an easy process. I look back at the technology in my past in medicine for 20 years, but then also in my dad's practice; he practiced medicine for 55 years. I remember he had one of the very earliest electrocardiogram, EKG, machines in the State of Tennessee. At that time--because there were so few machines and so few cardiologists--he would take referrals from all over the State of Tennessee. The machine itself was bigger than the desk before me, at the time.
What would happen then is, if there was a machine in a little rural community 100 miles away from Nashville, the machine there would take a piece of paper, they would run it through, they would send it by mail. It would take 2 days to get to Nashville. Dad would read it and send it back. Four days later, that doctor would be able to read that EKG.
Then, when I was about 9 or 10 years of age--because their bedroom was right around the corner from mine--I remember so well when he installed a telephone to put another big box there to have the first in Tennessee again of a machine--and it was amazing at the time--one could transmit these EKGs electronically over the telephone wire and have it interpreted at the bedside. He would keep it there because people, of course, have heart attacks in the middle of the night. Then it would take probably about 30 or 40 minutes to get the result back.
Of course, today we are at a point where with a little tiny machine, an EKG machine, we can get an instantaneous readout not just of the paper and of the EKG but the result actually read by the box.
I have been able to see huge progress in my own life and watching my dad's practice and my practice. Now we need to see all of that sort of progress condensed, applied not just to the technology but to the collection of information, the promotion of electronic health records, and the appropriate sharing of that information which is privacy protected. That is the sort of progress we are going to see. We are going to see it come alive on the Senate floor and with the House and work
in concert with the President of the United States to make sure that the great advantages, in terms of lowering costs, getting rid of inefficiencies, and promoting quality will be realized.
The bill that we will shortly introduce does present a comprehensive approach of medical information and the use of medical information as we address our health care challenges. It provides that important backbone and critical building block for a better, a stronger, and a more responsive health care system for all Americans.
Again, I thank my distinguished colleague from New York. We urge all of our colleagues to look at this bill and support this bill. With this legislation, there is no doubt in my mind that we will, yes, help save money and help save time, but most importantly we will save lives.
I ask unanimous consent that the text of the bill we will shortly send to the desk be printed in the Record.
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Mr. President, this morning I am pleased to be joined on the floor by my distinguished colleague from the State of New York. Together we share an important goal to improve health care quality and…
Mr. President, this morning I am pleased to be joined on the floor by my distinguished colleague from the State of New York. Together we share an important goal to improve health care quality and reduce costs through the use of health information technology tools.
I had the wonderful opportunity of spending 20 years as a physician and as a heart surgeon before coming to this body. Like most physicians, I wanted to and, in fact, did use the very latest, most advanced technology, anything that could possibly, in my practice, make my patients live a healthier life, a better life, a more comfortable life.
But amidst the artificial heart assist devices, the lasers that are used to remove lesions in the windpipe or the trachea, CT scan machines, x-rays, digital x-rays, digital thermometers, doctors today, unfortunately, for the most part, keep patient records the very same way I did 10 years ago and, indeed, almost exactly as my dad did 60 years ago as he practiced medicine, and that is handwritten on paper in manila folders, typically stored in the basements of clinics or doctors' offices or hospitals.
It is amazing because we design hospitals, structures on computers today, we conduct medical research with computers, we use computers in nearly every aspect of the clinical setting, the delivery of medicine. From very compact bedside monitors to these massive MRI scanners we have today, computers power almost everything we use, everything we do in terms of diagnosis in medicine, in health care.
But--and this is what we have come to the floor to address--when it comes to health information, when it comes to electronic medical records, we are in the stone age and not the information age.
Imagine a traveler far away from home who gets in an automobile accident and is taken unconscious or confused to a hospital. Paramedics rush them to a hospital, and at the very moment that individual arrives at the door of that emergency room, the emergency room physician meets them, but emptyhanded, with no notification of allergies or past medical history or preexisting illnesses, all of which is potentially lifesaving information. That is inexcusable in this day and age.
My colleague from New York knows this all too well.
Mr. President, this needs to change and it must change. We must establish an interoperable privacy-protected electronic medical record for every American who wants one. Working together, our Nation can confront these challenges, and we can build an interoperable national health information technology system. We know it will save lives. We know it will save money. It will improve quality and it will lead to huge measurable progress in the medical field, in the health field.
We face enormous problems as a result of the underinvestment in health information technology. No industry as important to our economy as health spends as little on information technology. Our Nation has nearly 900,000 doctors and over 2.8 million nurses. Americans visit a doctor 900 million times per year. We have nearly 6,000 hospitals all over the country. Our health care system is enormous, yes, but it is dangerously fragmented. Even a small efficiency improvement can greatly reduce cost and improve quality, and there is plenty of room for improvement.
The problem is enormous and the problem is real. So what are we going to do about it? Senator Clinton and I propose three concrete steps to remedy these problems and establish a fully interoperable information technology system. First, we must establish standards for electronic medical records. Sharing data effectively requires more than just that fiber optic
cable, more than those Internet connections. It requires standards and laws that make it possible to exchange medical information in a privacy-protected way throughout our Nation.
The Government should not impose these standards on the private sector, but it has a duty, and indeed it has an obligation, to lead the way. Medicare, Medicaid, SCHIP, the Indian Health Service, and other Federal programs should lead the way and establish electronic health records for all of their clients.
The Veterans' Administration already leads the way with interoperable systems, but we need to get the VA to be able to talk to the Department of Defense.
Mr. President, as we talk about these systems and standards and words such as interoperability, which, as the Senator from New York said, does mean being able to connect it all together, people who are listening must ask: Well, how in the world do these electronic health records and the appropriate use of that data bring concrete benefits to them as individuals and to their families?
First, it will reduce waste and inefficiency in the system. It only makes sense that fragmented systems, with no interconnectivity at all, have inherent inefficiencies and waste. That is moved aside. That has a very direct impact on lower costs, making health care more affordable and thus available for people broadly.
It improves quality. Right now we know that medical errors occur. Too many medical errors occur in our health care system today. By the application of technology, we can move those medical errors aside. They will not occur and that improves quality.
They will empower patients. It gives that individual who is listening right now the knowledge and power to be able to participate in a consumer-driven system where choices can be made, where the focus is on the patient, that is provider friendly, that is driven by information and choice and empowerment to make that choice.
They will protect patient privacy and promote the secure exchange of life-saving health information. It is spelled out in the legislation. It is going to be privacy protected.
For the first time, they will seamlessly integrate this advancement in health information technology with quality measures, with quality advancements, harmonizing and integrating them in a way that simply has not been done in the past.
This proposal brings together people, as we can see, from across the political spectrum, and it will unlock the potential of medical information technology for all Americans.
I thank my colleague in this endeavor. As mentioned earlier, we began working on the information technology aspects of health care about a year ago and published our first op-ed together about July of last year.
In closing, this is not going to be an easy process. I look back at the technology in my past in medicine for 20 years, but then also in my dad's practice; he practiced medicine for 55 years. I remember he had one of the very earliest electrocardiogram, EKG, machines in the State of Tennessee. At that time--because there were so few machines and so few cardiologists--he would take referrals from all over the State of Tennessee. The machine itself was bigger than the desk before me, at the time.
What would happen then is, if there was a machine in a little rural community 100 miles away from Nashville, the machine there would take a piece of paper, they would run it through, they would send it by mail. It would take 2 days to get to Nashville. Dad would read it and send it back. Four days later, that doctor would be able to read that EKG.
Then, when I was about 9 or 10 years of age--because their bedroom was right around the corner from mine--I remember so well when he installed a telephone to put another big box there to have the first in Tennessee again of a machine--and it was amazing at the time--one could transmit these EKGs electronically over the telephone wire and have it interpreted at the bedside. He would keep it there because people, of course, have heart attacks in the middle of the night. Then it would take probably about 30 or 40 minutes to get the result back.
Of course, today we are at a point where with a little tiny machine, an EKG machine, we can get an instantaneous readout not just of the paper and of the EKG but the result actually read by the box.
I have been able to see huge progress in my own life and watching my dad's practice and my practice. Now we need to see all of that sort of progress condensed, applied not just to the technology but to the collection of information, the promotion of electronic health records, and the appropriate sharing of that information which is privacy protected. That is the sort of progress we are going to see. We are going to see it come alive on the Senate floor and with the House and work
in concert with the President of the United States to make sure that the great advantages, in terms of lowering costs, getting rid of inefficiencies, and promoting quality will be realized.
The bill that we will shortly introduce does present a comprehensive approach of medical information and the use of medical information as we address our health care challenges. It provides that important backbone and critical building block for a better, a stronger, and a more responsive health care system for all Americans.
Again, I thank my distinguished colleague from New York. We urge all of our colleagues to look at this bill and support this bill. With this legislation, there is no doubt in my mind that we will, yes, help save money and help save time, but most importantly we will save lives.
I ask unanimous consent that the text of the bill we will shortly send to the desk be printed in the Record.
Mr. President, I rise today to introduce the Hazardous Materials Vulnerability Reduction Act of 2005. It is regretful that I am introducing this legislation, as the Department of Homeland Security…
Mr. President, I rise today to introduce the Hazardous Materials Vulnerability Reduction Act of 2005. It is regretful that I am introducing this legislation, as the Department of Homeland Security has all of the legal authorities necessary to undertake the steps set out in this legislation. However, nearly 4 years after September 11, the Department of Homeland Security is still not doing its job. Quite frankly, officials at the Department of Homeland Security are either unaware, or even worse, they are purposely ignoring a grave threat to our cities. Hazardous materials being transported by 90-ton rail tankers has been described as a ``uniquely dangerous'' threat-- comparable only to a nuclear or biological attack. According to the Department of Homeland Security and the Department of Transportation, these materials pose special risks during transportation because their uncontrolled release can endanger significant numbers of people. In addition, there have been countless reports of lax security along the urban area rail routes they travel. Nevertheless, the administration has done nothing to reduce this threat. The legislation that I am introducing today will require the Department of Homeland Security to develop a comprehensive, risk-based strategy for reducing the threat of a terrorist attack on extremely hazardous materials in our Nation's high-threat cities. The steps set out in this legislation should have been taken years ago, but it is clear that the Department of Homeland Security will not act. I hope that my colleagues will join me in passing this legislation to require them to act.
Within just a few miles of where we stand right now, rail tankers carrying the world's most dangerous chemicals are being transported over tracks that are not sufficiently safeguarded or monitored. According to Richard A. Falkenrath, a former homeland security adviser to President Bush, this threat stands out ``as acutely vulnerable and almost uniquely dangerous.'' He is not alone in this opinion. The Homeland Security Council released a report in July 2004 indicating that an explosion, in an urban area, of a rail tanker carrying chlorine could kill up to 17,500 individuals and could require the hospitalization of nearly 100,000. An analysis by the Naval Research Laboratory depicted a more troubling scenario when it studied the potential for damage if an attack occurred while an event was being held on the National Mall, such as the annual Fourth of July celebration. According to this analysis, ``over 100,000 people could be seriously harmed or even killed in the first half hour.'' Let me say that again, according to a study by the Naval Research Laboratory ``over 100,000 people could be seriously harmed or killed in the first half hour.''
Terrorist groups already understand the potential impact of such an attack. The FBI and CIA have uncovered evidence that terrorists have targeted chemical shipments, and just a few months ago during testimony before the Senate Intelligence Committee, FBI Director Mueller indicated that threats to rail remain a key concern. This should not be a surprise. Rail systems are the most frequently attacked targets worldwide, and the wide open nature of their architecture makes them vulnerable at many points. In other words, rail systems present many soft targets. Incidentally, I have introduced separate legislation in the last three Congresses that would provide $1.2 billion to eliminate some of the vulnerabilities in our rail system; however, this legislation has not been supported by the Bush administration and it has not passed Congress. In fact, the administration has not asked for a single dime specifically for rail security. This is very troubling because we know that the modus operandi for many terrorist groups is to cause mass casualties and spectacular damage. According to the Chlorine Institute, an attack on a 90-ton tanker could create a toxic cloud 40 miles long and 10 miles wide. The Environmental Protection Agency estimates that in an urban area this toxic cloud could extend 14 miles. Can you imagine the psychological impact of a toxic cloud of poisonous gas expanding and moving slowly over one of our major metropolitan areas--leaving death and chaos in its path?
Given the potential damage and the direct threat against chemical rail tankers, you would think that the Bush administration has been busy reducing or eliminating this threat. Unfortunately, as with so many other areas involving our homeland security this does not appear to be the case. In January testimony before the Senate Homeland Security Committee, Mr. Falkenrath stated that ``to date, the Federal Government has not made a material reduction in the inherent vulnerability of hazardous chemical targets inside the United States.'' He went on to say that this should be the highest priority for the Department of Homeland Security. A Wall Street Journal article written last year--``Graffiti Artists Put Their Mark on War Against Terrorism''--provides a chilling example of the exposure of these chemical tankers. The reporter followed a graffiti artist to a railroad tunnel along tracks that run near I-395 not far from where we stand. As he was conducting the interview, a tanker carrying dangerous chemicals rolled by on an adjacent track. The graffiti artist noted that ``it wouldn't be hard at all for someone like Al Qaeda to wait right here for the right poison and bang! Good-bye Washington.''
This threat and the lack of action by the Department of Homeland Security has led many city officials to consider local legislation to ban shipments of hazardous materials. Right now, a dispute between the District of Columbia and the transportation companies joined by the Bush administration is being litigated in Federal courts. Other cities, such as Philadelphia and Boston are considering similar action. As a former county executive, I am sympathetic to the plight of local officials, and they should certainly be allowed to exercise their police powers in appropriate situations. I believe, and I am sure most local officials would agree, that it would be better to have a national, comprehensive policy on this issue. This is simply too important to have a patchwork strategy. The Department of Homeland Security should have already done this. Unfortunately, they have not, and this legislation will require the Department to take some basic, fundamental steps to enhance safety for the American people.
The legislation that I am introducing requires the Department of Homeland Security to issue regulations establishing a national policy for dealing with the transport of the world's most dangerous chemicals by rail through our high threat cities. It will require the Department to develop protocols for the notification of State and local officials, and it will require the Department to study and report to Congress regarding security enhancing measures such as secondary containment technologies, GPS tracking of shipments, and the feasibility of smaller, more secure tankers. The bill also includes a provision requiring the Department of Homeland Security to work with State and local officials, the rail industry and other stakeholders to develop a strategy for rerouting a small fraction of the most dangerous materials around our most threatened city. It is estimated that only 5 percent of all hazardous materials shipped by rail will be subjected to this regulation. Finally, the bill will provide $100 million to State and local governments and rail operators to purchase safety equipment and provide training to first responders and rail workers who are likely to discover and respond to an incident involving hazardous materials. An additional $10 million will be made available to the National Labor College to provide further training for rail workers.
I realize that the rail industry has invested considerable amounts of its own money to enhance security since September 11, and this legislation is not an indictment of their efforts. I have been pushing to get more Federal funding for rail security for years, but this plea has fallen on deaf ears within the administration. I realize that we cannot eliminate every conceivable risk, but at a time when we have troops overseas fighting the war on terror and our Nation's law enforcement agencies are on high alert, the least that we should do
is ensure that we have a national strategy for handling a threat that is comparable in scope to a nuclear or biological attack. I will close by again referring to the grave warning set out in the study by the Naval Research Laboratory--``over 100,000 people could be seriously harmed or even killed in the first half hour'' of an attack. The danger is simply too great to ignore, and I ask my colleagues to join me in passing this critical legislation.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I thank our friend from Washington for making this modification. This is a very important modification from my perspective. But for this modification, the language of the amendment…
Mr. President, I thank our friend from Washington for making this modification. This is a very important modification from my perspective. But for this modification, the language of the amendment would propose that the goals that are set forth--which are only goals but nonetheless they are goals--would need to be achieved by implementing measures ``under existing authorities of the Federal agencies.''
That is the language which is in 151(c)(2)(B) of the amendment. That is lines 8 and 9 on page 4 of the amendment.
Now, that is very problematic language and unacceptable language because if we are going to achieve the goals that are set forth, if we have any chance of doing so, it would have to be with significant changes in our authorities--for instance, in the tax incentives which would be so essential in order to achieve a reduction in imports of oil. There is no way I can see or that many others can see that we could achieve the kinds of reductions that are hoped for without significant tax incentives being put into the law--tax incentives that do not now exist.
There are some existing authorities and some existing tax incentives, but they do not come close to what they must be if we are going to reduce the amount of imported oil that we use. So it is important to me that the existing authorities language either be removed or superseded in this amendment so that the President could seek and we could grant, if we so chose, new authority, additional authorities, new tax incentives, for instance, to move to new technologies. That is the effect of the modification to the amendment that was sent to the desk, which reads:
Nothing in this section precludes the President from
requesting additional authorities to achieve the targets in
subsection (c).
So that change seems to be very essential since there is no practical way that these goals can be met, in my book--either the short-term goals of one million barrels per day or the long-term goals of 7.64 million barrels per day--unless there are changes in our tax structure and the other authorities that we provide in the executive branch. This savings clause now makes it clear that both as to the short-term and the long-term goal for savings, there is not a limit in the amendment to using existing authorities but rather additional authorities can be sought by the President.
I thank the Senator from Washington for making that change. In the colloquy between myself and the Senator from Washington, it makes clear that the amendment does not assume or require changes in technologies or CAFE standards or anything else. It is technology neutral. According to this colloquy, the amendment does not assume or propose an increase in CAFE standards. All of the other potential changes, technologically, that could help get us to where we want to go, including diesel technologies that are so important, hybrid technologies, hydrogen technologies--it does not put those specific technologies in place, either requiring them or, of course, not precluding them because this is technology neutral. That becomes critically important because, again, without those technologies there is no way we can achieve these goals. But there is no effort in this amendment to identify the specific technologies or the mechanisms by which these goals would be achieved. Particularly important, obviously, is the language that states that the amendment does not assume or propose an increase in CAFE standards, and another part of the colloquy makes it clear that the amendment neither assumes nor proposes regulatory changes to the CAFE system and that is not part of this amendment.
So the colloquy will speak for itself. It is a lot longer than I have just summarized, but it is a very significant colloquy to me in terms of what the amendment does and what it does not do.
I thank the Senator from Washington for working out this colloquy with me.
modification of cantwell amendment 784
The amendment sets a goal for a savings of 7.6 million barrels of oil by 2025. Are there assumptions made by the amendment?
Does the amendment assume an increase in CAFE standards?
Does the amendment assume an increase in ethanol production and use?
Does the amendment assume an increase in use of biodiesel fuels and technology?
Does the amendment assume an increase in the use of diesel engine technology?
Does the amendment assume a major increase in the use of hybrid electric vehicle technology?
Does the amendment assume a major shift to use of renewable hydrogen and fuel cell vehicles?
Does the amendment assume an increase in tax incentives to encourage use of advance technologies?
Does the amendment assume regulatory changes in how the CAFE system works?
Does the amendment assume regulatory changes that would allow for greater use of diesel technology?
Does the amendment assume the Congress will provide other new authorities to the President?
Does the amendment assume that there are adequate ``existing authorities of appropriate Federal agencies'' to meet the goal of saving 7.64 million barrels of oil per day by 2025?
Does this amendment set a goal of reducing imported oil or reducing overall use of fossil fuel?
To achieve the one million barrels of oil a day in savings required by 2015, must the President use existing authorities, or can the President seek additional authority?
If the President can seek additional authority to meet the requirement to save 1 million barrels of oil a day, would the Senator be willing to modify the amendment to make that clear?
Mr. President, I support the goals for reducing this Nation's dependence on foreign oil that are embodied in the Cantwell amendment. We need to strive for energy independence, and I believe it is important to take bold steps toward reducing our oil consumption. Our policies have long ignored the problem of U.S. dependence on foreign oil, and we remain as vulnerable to oil supply disruptions today as we have been for decades. Taking the steps necessary to reduce our dependence on foreign oil is a critical objective for this country.
I have long supported a broad array of Federal efforts to meet this objective. I believe that we need a long-term, comprehensive energy plan, and I have supported initiatives that will increase our domestic energy supplies in a responsible manner and provide consumers with affordable and reliable energy. There are many provisions included in this bill that will help take important steps in this direction-- particularly those provisions of this bill that address energy efficiency and renewable energy and will lead us toward greater uses of alternative fuels such as ethanol and biodiesel.
I have also long advocated Federal efforts that will lead to revolutionary breakthroughs in automotive technology. As many of my colleagues have said, we need a level of leadership similar to the effort of a previous generation to put a man on the moon. I believe we need our own moon shot in the area of automotive technology to develop alternatives to petroleum and to make more efficient use of all forms of energy.
We need a significantly larger effort than anything on the drawing boards. We need to put greater Federal resources into work on breakthrough technologies--such as hybrid technologies, advanced batteries, advanced clean diesel, and fuel cells--that will provide potentially dramatic increases in vehicle fuel economy and help us
move toward making this Nation less dependent on foreign oil and reducing our emissions of greenhouse gases.
Federal Government investment is also essential not only in research and development but as a mechanism to push the market toward greater use and acceptance of advanced technologies. For example, expanding the requirements for the Federal Government to purchase advanced technology vehicles will help provide a market for advanced technologies. We also must have far greater tax incentives for advanced technologies than have been proposed to date.
I believe the goals for reducing our dependence on foreign oil in the Cantwell amendment can be met by taking bold actions in the areas I have mentioned and without relying on increases in Corporate Average Fuel Economy standards. Higher CAFE standards will not produce real results--they will only exacerbate the inherent discriminatory features in the CAFE system that give an unfair competitive advantage to foreign auto manufacturers and have contributed to the loss of manufacturing jobs in this country. Senator Cantwell and the sponsors of this amendment have assured the Senate and her amendment was modified so that there are no policy assumptions in this amendment that will increase CAFE standards. The goals of this amendment are laudable, and since they are simply goals--which after the modification can be achieved with new authorities, tax incentives for instance, and do not rely on use of existing authorities--I can now support the amendment.
Mr. President, today I rise to introduce the Generating Opportunity by Forgiving Educational Debt for Service Act of 2005, a bill that will help Federal agencies and the Armed Forces recruit talented…
Mr. President, today I rise to introduce the Generating Opportunity by Forgiving Educational Debt for Service Act of 2005, a bill that will help Federal agencies and the Armed Forces recruit talented individuals to serve in all areas of the Federal Government and the military. This legislation is a modestly expanded version of a bill I introduced in the 108th Congress.
Current law authorizes Federal agencies to pay student loans up to $10,000 a year with a cumulative cap of $60,000, but the incentive is taxed. Known as GOFEDS, this bill would amend the Federal tax code and allow the Federal Government's student loan repayment programs to be offered on a tax-free basis.
In recent years, many educational institutions have established programs that repay a portion of the student loan debt their graduates owe. These programs are designed to encourage students to seek jobs with government or non-profit organizations that cannot pay salaries commensurate with the private sector upon graduation. Under current law, the amounts these institutions offer their graduates as student loan repayment are not taxed as income, provided the recipients choose to work for the government or non-profit organizations.
Unfortunately, the Federal Tax Code does not treat the Federal Government's loan repayment programs in the same way, considering such loan repayment as taxable income to the employee. As a result, the net benefit of any such program is reduced by the amount of tax that the individual has to pay on the debt repaid. This bill would amend the tax code so that the Government does not continue to undermine its own loan repayment recruitment incentive. This change will help Federal agencies recruit and retain well-qualified graduates.
This Congress, I have expanded GOFEDS to our military because recent reports indicate that all four services missed their recruiting goals last year. Unfortunately, military recruiting levels are now at a 30- year low. Under GOFEDS, military education loan programs, like the Active-Duty Loan Repayment Program will be offered on a tax free basis.
With more than half of the Federal workforce eligible for retirement in the next 5 years and surveys showing that fewer Americans find government services attractive, the need for this legislation is even more necessary. I believe the cost of this bill is minimal, but its potential impact is great. I urge all of my colleagues to support this legislation and I am confident that it can be enacted this year.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I speak as Chairman of the Environment and Public Works Subcommittee on Clean Air, Climate Change, and Nuclear Safety to introduce a landmark, bipartisan piece of legislation--the Diesel Emissions Reduction Act of 2005.
This bill is cosponsored by Environment and Public Works Committee Jim Inhofe and ranking member Jim Jeffords and Senators Tom Carper, Johnny Isakson, Hillary Clinton, Kay Bailey Hutchison, and Dianne Feinstein. Focused on improving air quality and protecting public health, it would establish voluntary national and state-level grant and loan programs to promote the reduction of diesel emissions. Additionally, the bill would help areas come into attainment for the new air quality standards.
Developed with environmental, industry, and public officials, the legislation complements Environmental Protection Agency, EPA, regulations now being implemented that address diesel fuel and new diesel engines. I am pleased to be joined by a strong and diverse group of organizations and officials: Environmental Defense; Clean Air Task Force; Union of Concerned Scientists; Ohio Environmental Council; Caterpillar Inc.; Cummins Inc.; Diesel Technology Forum; Emissions Control Technology Association; Associated General Contractors of America; State and Territorial Air Pollution Program Administrators/ Association of Local Air Pollution Control Officials; Ohio Environmental Protection Agency; Regional Air Pollution Control Agency in Dayton, Ohio; Mid-Ohio Regional Planning Commission.
The cosponsors of this legislation and these groups do not agree on many issues--which is why this bill is so special.
The process for developing this legislation began last year when several of these organizations came in to meet with me. They informed me of the harmful public health impact of diesel emissions. Onroad and nonroad diesel vehicles and engines account for roughly one-half of the nitrogen oxide and particulate matter mobile source emissions nationwide.
I was pleased to hear that the administration had taken strong action with new diesel fuel and engine regulations, which were developed in a collaborative effort to substantially reduce diesel emissions. However, I was told that the full health benefit would not be realized until 2030 because these regulations address new engines and the estimated 11 million existing engines have a long life.
I was pleased that they had a constructive suggestion on how we could address this problem. They informed me of successful grant and loan programs at the State and local level throughout the Nation that were working on a voluntary basis to retrofit diesel engines.
I was also cognizant that the new ozone and particulate matter air quality standards were going into effect and that a voluntary program was needed to help the nation's 495 and Ohio's 38 nonattainment counties--especially those that are in moderate nonattainment like Northeast Ohio.
Additionally, I have visited with University of Cincinnati Medical Center doctors--as recently as this month--to discuss their Cincinnati Childhood Allergy and Air Pollution Study. Some of the early results indicate disturbing impacts on the development of children living near highways.
It became clear to me that a national program was needed. We then formed a strong, diverse coalition comprised of environmental, industry, and public officials. The culmination of this work is being revealed today in the Diesel Emissions Reduction Act of 2005.
This legislation would establish voluntary national and State-level grant and loan programs to promote the reduction of diesel emissions. It would authorize $1 billion over 5 years--$200 million annually. Some will claim that this is too much money and others will claim it is not enough--which is probably why it is just right.
We should first recognize that the need far outpaces what is contained in the legislation. This funding is also fiscally responsible as diesel retrofits have proven to be one of the most cost-effective emissions reduction strategies. Furthermore, as a former Governor, I know firsthand that the new air quality standards are an unfunded mandate on our states and localities--and they need the Federal Government's help.
This legislation would help bring counties into attainment by encouraging the retrofitting or replacement of diesel engines, substantially reducing diesel emissions and the formation of ozone and particulate matter.
The bill is efficient with the Federal Government's dollars in several ways. First, 20 percent of the funding would be distributed to States that establish voluntary diesel retrofit programs. 10 percent of the bill's overall funding would be set aside as an incentive for States to match the Federal dollars being provided. The remaining 70 percent of the program would be administered by the EPA.
Second, the program would focus on nonattainment areas where help is needed the most. Third, it would require at least 50 percent of the Federal program to be used on public fleets since we are talking about public dollars. Fourth, it would place a high priority on the projects that are the most cost effective and affect the most people.
Lastly, the bill would include provisions to help develop new technologies, encourage more action through non-financial incentives, and require EPA to outreach to stakeholders and report on the success of the program.
EPA estimates that this billion dollar program would leverage an additional $500 million leading to a net benefit of almost $20 billion with a reduction of about 70,000 tons of particulate matter. This is a 13 to 1 benefit-cost ratio.
The Diesel Emissions Reduction Act of 2005 enjoys broad bipartisan support, and it is needed desperately. I plan to work with the bill's cosponsors and the coalition to use every avenue to get it signed into law as soon as possible.
I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, first I thank Senator Bingaman for this amendment. I support the amendment. It advances, improves and strengthens the underlying energy bill. I know that the term ``renewable portfolio…
Mr. President, first I thank Senator Bingaman for this amendment. I support the amendment. It advances, improves and strengthens the underlying energy bill. I know that the term ``renewable portfolio standard''--we have talked about that--is not necessarily something everybody understands. Much of what we do in the Senate sounds like a foreign language. Renewable portfolio standard. I think what this is is an American-made amendment, a home-grown energy amendment. It says what we ought to do is take charge and decide we are going to move in a different direction.
My colleague said, and other colleagues have said, yes, we are going to continue to use coal, oil and natural gas, and I support that. We must continue to use fossil fuels. We also need to understand that we are increasingly dependent upon a supply of oil that comes from under the sands of the Middle East. A very small part of this world has an inventory of a very substantial part of the oil resources that exist in the world. To be hopelessly addicted to that oil--foreign sources of oil--makes no sense. So as we developed a new energy bill, I think we did an excellent job in the Energy Committee. I have complimented Senator Domenici and Senator Bingaman at some length about that. We have produced a bipartisan piece of legislation and brought it to the floor.
During the debate in committee, we recognized that we would reserve this amendment for the floor of the Senate and debate it here on the floor. Again, I call this the home-grown energy, or an American-made energy amendment.
Let me use a picture to make a point. This happens to be a photograph of a wind turbine just south of Minot, ND. There are actually two wind turbines that sit on a hill south of Minot. North Dakota is a wonderful State. I am enormously proud to represent North Dakota. We happen to be fiftieth in the 50 States in native forest lands. Translated, we are dead last in trees. It is a great State. We happen to be dead last in trees. We put up a wind turbine here and there, and we like it because we are also a State that has more wind than almost any State in the Nation. We are dead last in trees, but we are first in wind--some say especially when I am at home on the weekends.
The Department of Energy says that North Dakota, among all of the States, is the ``Saudi Arabia of wind.'' We have more potential to develop wind energy than anywhere in America. So this wind turbine is south of Minot, ND. I happen to have had a role in this wind turbine because we on the Appropriations Committee put money in for the air base to buy green power. Eight air bases are buying green power. Two of these wind turbines went up, and they are supplying wind energy to an air base. Incidentally, these turbines are named. The two south of Minot are Willy and Wally. I am not able to determine at first glance whether this is Willy or Wally. They are essentially twins. We care a lot about them and this turbine is an example of the new technology-- much more efficient technology--by which you can take energy from the wind and turn it into electricity.
In the long term, I think we will be able to take energy from that wind, through these turbines, and turn it into electricity, and through the process of electrolysis, separate hydrogen from water and produce hydrogen for hydrogen fuel-cell vehicles. What a wonderful thing for this country. Then we won't be quite so addicted to oil from Saudi Arabia, Iraq, Venezuela, or Kuwait. Maybe we can shed that addiction.
As we begin to talk about energy in the future, we have all talked about natural gas and the increased use of natural gas as a result of both our country and industry wanting to have cleaner burning fuels. Now we are realizing that we don't have enough natural gas to keep up with demand. So now we are beginning to talk about how much natural gas we will import into this country. The demand for natural gas continues to increase rather substantially. We are talking about new terminals for LNG and how much LNG we will import into this country to keep pace with our need.
Isn't that moving in exactly the same direction as we find ourselves now with oil? Should we not, with just as much aggressiveness, decide we want to change the whole construct of our energy mix, to the extent we can? The answer should be yes. That is why a home-grown energy amendment makes a lot of sense.
As I said yesterday, I understand there will be opposition to every proposition that changes the way we currently do things. I understand that. ``It won't work, can't work, bad idea.'' The fact is, this amendment asks the question, will we begin to take control ourselves? Will we take control?
This is a very simple proposition--in fact, milder than some. It says, of the electricity we produce in this country, 10 percent of it should come from renewable sources. This is not a giant lift.
I understand there are some in the electric utility industry, and others, who feel this should not happen. They don't want this. They believe it is an intrusion. But I also understand we are trying to march toward a different energy future. We are trying to push a bit, trying to stretch a bit to see if we cannot remove this hopeless addiction to foreign sources of energy. That is the basis of this amendment.
My colleague from New Mexico, Senator Bingaman, is going to describe information about what this amendment, if we pass it, will mean in terms of the use of fossil fuels versus the use of renewable sources of energy, what it means in costs, and what it means in the reduction of energy dependency that now exists. I think this is not only a win-win, but a win-win-win amendment for everybody. So what we are trying to do is harness energy we can produce.
Using 100 kilowatt hours of wind power each month is the equivalent of planting one-half acre of trees, or not driving 2,400 miles. Think of that. Put up a turbine--by the way, I understand the turbines didn't use to be so efficient. We had to have much more of a boost and incentive. Now they are highly efficient. Put up one of these turbines and use the wind to produce electricity. Use the wind to turn that turbine, and from it produce the electricity. And 100 kilowatt hours-- incidentally, this is probably 10 times that; this is about a megawatt. But 100 kilowatt hours is the equivalent of planting a half acre of trees or not driving 2,400 miles. That is the savings in energy.
This amendment will also reduce electric sector carbon dioxide emissions by 7.5 percent. That is a great result also, because we are going to have other debates on the floor of the Senate about global warming, about CO2, about all of these related issues.
This amendment moves us in the right direction in several areas. It makes a lot of sense. I hope at the end of this discussion we will have sent a message to the country and to the world that, while this is a good bill that came out of committee, we have improved it. This amendment moves us well down the road to a substantial improvement with respect to our energy future.
Mr. President, how much time do I have remaining?
Mr. President, we will have other debates of consequence on these issues. Yesterday, we had a big idea, which said let's reduce our dependency on foreign oil by 40 percent in the next 20 years. We had people stand up and say, oh, my gosh, we cannot do that; what are you thinking about?
We went to the Moon in 10 years. If we can go to the Moon in 10 years, we ought to be able to find a way to reduce our hopeless addiction to foreign oil in 20 years. Of course we can do that. I am tired of the can't-doers around here. Let's have some of the can-doers decide to affect the destiny of this country's energy future. Our country's economic future, our children's ability to find jobs, our economy's ability to expand, and our ability to remain a world economic power depends on energy. When the tank runs dry, this economy goes belly up.
This amendment describes an opportunity for us to move in a slightly different direction--toward home-grown energy, American made--believing in ourselves, taking control and taking charge. I support this amendment. I hope the Senate will give it very broad support.
I yield the floor.
I move to reconsider the vote, and I move to lay that motion on the table.
The motion to lay on the table was agreed to.
Mr. President, our country is facing a crisis. Too many of our young people leave high school without the skills necessary to meet the demands of a global economy. According to a recent U.S. Chamber…
Mr. President, our country is facing a crisis. Too many of our young people leave high school without the skills necessary to meet the demands of a global economy. According to a recent U.S. Chamber of Commerce survey, 75 percent of employers report severe difficulties when trying to hire qualified workers, with 40 percent of job applicants having poor skills. As many as 3.3 million jobs may be sent overseas in the next 15 years, causing American workers to lose $136 billion in wages. The strength of our economy, and the future of our nation, largely rests on our ability to improve educational opportunities for all of our citizens.
An educated, skilled, and flexible workforce is essential to building a strong and dynamic economy, and, if we are going to maintain our country's ability to compete in a global economy, we must help prepare young people to meet the demands of the 21st century workforce. I introduce legislation that will ensure more students graduate high school ready for college and the workforce.
Only 68 percent of all students in the U.S. graduate high school on time with a regular diploma. And, the numbers are worse if the student is Hispanic, African American, Native American, has a disability, or is male. Sadly, a recent report indicates that students are dropping out at a younger age, resulting in an even less educated workforce.
For students who graduate with a high school diploma, too few go on directly to college. Astonishingly, only 38 percent of high school freshmen will earn a high school diploma and make the immediate transition to college directly after graduation. In New Mexico, the statistics are pretty staggering. For every 50 ninth graders in New Mexico, only 30 will graduate high school; 18 will enter college; 11 are still enrolled in their sophomore year; and 5.5 graduate from college within 6 years. We must do better.
We also know, unfortunately, that as many as 40 percent of this country's high school graduates are not prepared to meet the demands of college or a
competitive workforce. A survey of college professors reveals that half of all public school graduates are not adequately prepared to do college-level math or writing.
There is some good news, however; we know what works. Research conducted by the Department of Education shows that the single best predictor of college success is the quality and level of a student's high school classes. Students who take a solid college prep curriculum are less likely to need remedial classes, and are more likely to earn a college degree. In fact, evidence shows that the intensity and quality of high school curriculum is the greatest measure of completion of a bachelor's degree. Importantly, studies also show that not only do college-bound students benefit from rigorous courses, but that all students benefit from more rigorous coursework. Accordingly, it is critical that all of our young people have access to rigorous coursework in secondary school in order to meet the demands of postsecondary education and a competitive workforce.
Therefore, I introduce legislation that builds on this research and works toward a goal of ensuring that all secondary school students are enrolled in classes that prepare them to excel in college and in the workplace.
The GEAR UP program, Gaining Early Awareness and Readiness for Undergraduate Programs, was first authorized in 1998 and was designed to promote student achievement and access to postsecondary education among low-income students. Since that time, GEAR UP grants have served over a million students per year. In my home State of New Mexico, there are six GEAR UP programs that serve thousands of students in many different ways, including by instituting reading and math programs, taking students to colleges so they can begin to imagine themselves on a college campus, creating science fairs and technology training seminars, providing career and financial counseling, and many other vital services. And, the individuals who work with GEAR UP programs are some of the most dedicated professionals I have met.
I believe we can build on the successes of GEAR UP to ensure more students leave high school prepared for the academic rigor of college and a competitive workforce. My legislation, called Gearing Up for Academic Success, will support and strengthen GEAR UP so that it promotes lasting and systemic change in the schools served by the GEAR UP grant.
The legislation places a particular focus on encouraging more students to take college preparation courses, especially those who are at risk for dropping out of school. But, it also builds capacity within the school so that activities funded with a GEAR UP grant benefit not only the students who receive the services, but also future cohorts of students who enter GEAR UP schools after the initial grants have ended.
My legislation does not change the fundamental structure of GEAR UP; it maintains States and partnerships as eligible entities. The legislation, however, changes the focus and the types of activities the eligible entities must engage in. Eligible entities will now be required to provide activities that ensure more students participate in college preparation coursework. Further, my legislation requires the activities to be designed so as to benefit both current students as well as future cohorts of students.
As in current law, partnerships are comprised of school districts, institutions of higher education, and community organizations. The legislation also retains the focus on cohorts of students that exists in current law by requiring grantees to serve one grade level of students, beginning not later than the 7th grade, through the 12th grade. Unlike current law, however, partnerships will now be required to provide activities designed to ensure the secondary school completion and college enrollment of this cohort of students. The legislation will also require the partnership to focus on developing a more rigorous curriculum and on professional development opportunities for teachers of college prep courses. Consequently, future cohorts of students would benefit from the more rigorous curriculum and the professional development available to the teachers.
Partnerships may also engage in a wide variety of other activities permissible under current law, including providing mentoring and advising, creating summer programs at institutions of higher education, providing skills assessment, personal and family counseling, financial aid counseling, and activities designed to foster parent involvement in issues surrounding completion of high school and the attainment of a college education.
The State can play a more effective role in ensuring students graduate high school prepared for college, and accordingly, my legislation requires State grantees to focus on two types of activities. First, the State would be required to provide policy leadership to promote college readiness of students in the State, particularly those who are at risk of dropping out of school and those who are economically disadvantaged. And, second, the State will be responsible for promoting coordination and information sharing among all GEAR UP grantees in the state, providing technical assistance and training, disseminating information about best practices, and providing opportunities for eligible partnerships to coordinate their efforts.
This program is so worthwhile, and leadership at the State level is absolutely critical, and accordingly, propose changing the formula to make funds available to every State. When appropriations for GEAR UP exceed $400,000,000 per year, one third of the funds will be made available to each State by formula. The remainder of the allocation will go to eligible partnerships on a competitive basis.
We all can agree that it is in our national interest to ensure that all of our students leave high school prepared to meet the demands of the 21st century workforce. This legislation provides an opportunity to systemically change the way our secondary schools prepare all students for college and a competitive workforce. I ask unanimous consent the text of this bill be printed in the Record.
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, it is my understanding that the only time remaining is that of the majority. Is that right? Mr.…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, it is my understanding that the only time remaining is that of the majority. Is that right?
Mr. President, I will use leader time or, if no one is going to use their time, I will just use whatever is available.
If someone from the majority wants to speak, I will be happy to put the vote over for a few minutes for whatever few minutes I use.
I, first, want to thank Senator Bingaman for his leadership on the renewable energy issue. He has always been there. It is also important to mention Senator Jeffords. Senator Jeffords has been so stalwart. I remember an Energy and Water bill that Senator Domenici and I did in years past. We did not put enough renewable in there and Senator Jeffords brought amendments to the floor and fought us on this on the Senate floor. He has been a stalwart.
In this particular instance, the leader has been Senator Bingaman, and I appreciate very much the work he has done.
There is no question in my mind that we must harness the brilliance of the Sun, the strength of the wind, and the heat of the Earth to provide renewable energy for our Nation. There are many reasons our Nation needs to develop more renewable energy. It can power our homes and businesses without polluting the air we breath or the water we drink. Renewable energy will protect consumers from wild price swings by providing steady, reliable sources of energy. There is a reason we call the famous geothermal geyser Old Faithful, and that is because renewable energy is as old as the wind, as durable as the Sun, and as constant as the Earth.
Renewable energy will bolster our national security because it is made in the USA. The supply cannot be manipulated by any foreign power. Scientists have said, for example, the Nevada Test Site where we have detonated about 1,000 nuclear weapons, one could have solar power that would supply the whole Nation with electricity.
We do not have that, of course. We have no solar energy at the Nevada
Test Site, but it is an example of what can be done.
Finally, renewable energy creates jobs, often in rural areas that need them the most. Nevada is a perfect example. Most of our geothermal energy is in rural Nevada. The steam has been coming from the ground in those places since man started coming there. When the pioneers came across Nevada, one of the places they would come after leaving the area that is now Utah is this dry, parched desert. The first thing they would see is water in a place near Gerlach, NV. The first few pioneers, immigrants, and their animals went into that water. They did not do that very often. They could not do it because it would kill them. It was boiling water. As thirsty as they were, they would have to siphon the water down and cool it.
It is still there, the same hot water, the same steam coming from areas around Gerlach. There is tremendous potential for renewable energy. In 2002 and 2003, the Senate passed the renewable energy electricity standard requiring that 10 percent of the electricity sold by utilities be generated from renewable energy sources. We should do no less this year. It would be even better if we could match our friends in Europe and achieve 20 percent.
Other nations have been developing renewable energy resources at a much faster rate than the United States. In 1990, America produced 90 percent of the world's wind power. Today, it is less than 25 percent. Germany now has the lead in wind energy; Japan in solar energy. We have an opportunity to regain the position as a world leader in renewable energy. In the United States today we get about 2 percent of our electricity from renewable energy sources, such as wind, solar, geothermal, and biomass. That is a paltry sum. The potential is there for a much greater supply.
The renewable electricity standard and the production tax credit are critical to growth of renewable energy in America. The State of Nevada is blessed with enough geothermal energy to generate one-third of the needs of Nevada today, but geothermal supply is only about 2 percent of our power. I am happy that Nevada has adopted one of the most aggressive renewable portfolio standards in the Nation. We set a goal of generating 15 percent of our electricity with renewable energy by the year 2013. Our legislature is to be commended. They did that 2 years ago.
Developing these resources will protect our environment, will help consumers, and will create jobs in our State. If Nevada can meet its renewable energy goal of 15 percent by 2013, then the Nation certainly should be able to meet a goal of 10 percent by 2020.
Many States are blessed with abundant supplies of renewable energy resources. Twenty-one States have already adopted renewable electricity standards. If we consider environmental and health effects, the real costs of energy become more apparent, and we see the renewable energy is a winner. A national renewable electricity standard by 2020 will also spur nearly $80 billion in new capital investment and $5 billion in new property tax revenues to communities.
Let's never lose sight of the fact that renewable energy sources are domestic sources of energy and using them instead of foreign sources contributes to our energy security.
I urge my colleagues, both the majority and minority, to vote for the Bingaman amendment.
Admiration.
Mr. President, the two managers of the bill are here. They are ready to take amendments. All amendments cannot be offered next week. When we come to these bills, it is always: I am not quite ready; I will do it tomorrow or next week. That time has arrived. We have worked through some very difficult amendments this week--three extremely difficult amendments. They are disposed of now. They were complicated. They were difficult in the eyes of many.
As I see it, Mr. Leader, I think the big issue left, in major scope, is the global warming issue. A number of Senators on both sides are concerned about this. I would hope that an amendment would be offered Monday when we come in, debate this however long it takes, within a reasonable period of time, and dispose of it, maybe Tuesday. I just think it is time we move on.
I think what the majority leader has outlined, in consultation with me, is extremely good; that we are going to finish this bill next week. And no one has been jammed on time. It has been a hard week also because there have been funerals and events that have taken some of our time, but we have worked our way through that.
I think it would be good for the country that they see we are now legislating. We have had a number of problems earlier in the year. Those are over. And now the leader has said he wishes to pass a couple of appropriations bills before we leave in August. That would set a good tone. The Appropriations Committee met today. That work has been done. The bill is ready to bring to the floor.
So I hope we can move forward. There is a tentative agreement--it is not finalized in any written form yet, but I have worked with the distinguished majority leader now for a couple weeks. There is an issue that is before the country, and that is stem cell research. We are going to try to work out something on that so we do not have a bunch of side issues coming up on the legislation we have. We have had a number of important meetings, and I think we are at a point soon where we can arrive at some way to dispose of this at a time certain.
We have other issues that we have talked about--the Hawaiian issue and China. These are all in the Record that we have to bring those up at a specified time. So we have our plates full. And I would acknowledge we probably might have to do some of this next Friday.
If the Senator will yield, I also think if cloture is going to be filed on this bill, it would be on a bipartisan basis. I think you would have an equal number of Democrats and Republicans signing that cloture motion. And I think that it is really important for this body that we do that on occasion.
On the Energy bill.
Mr. President, I support the amendment offered by the Senator from New Mexico, Mr. Bingaman. This amendment is a breath of fresh air in a bill that is filled with many stale concepts regarding our…
Mr. President, I support the amendment offered by the Senator from New Mexico, Mr. Bingaman. This amendment is a breath of fresh air in a bill that is filled with many stale concepts regarding our approach to this Nation's energy policy. I am proud to be a cosponsor of this amendment.
Producing a significant amount of our electricity from renewable sources is not a concept for the future. It is a real possibility that exists today using solar, wind, tidal, gas from landfills, and biomass. In fact, 19 States around the country are using these renewable source of energy to steer their States towards a future of clean, sustainable energy use.
In my State of Illinois and in many other States, enacting this standard is a no-brainer. This winter, Illinois Governor Blagojevich announced a plan to adopt a renewable portfolio standard requiring Illinois electric utilities to provide 8 percent renewable energy as part of their overall power mix by 2012. This bold vision will make Illinois the second biggest wind power State in the country by 2012. The city of Chicago also has a strong commitment to using renewable sources of energy and is already planning to surpass a 10 percent contribution from renewables in its electricity stream and achieve a 20 percent goal.
In the 18 other States where renewable portfolio standards have been successfully adopted, innovations in electricity generation have flourished at virtually no cost to the consumer. Just imagine what would happen to this industry of the future if we enacted a Federal standard. And, here is the best news: According to the Union of Concerned Scientists, a 10 percent renewable portfolio standard on the Federal level would not add a single penny to consumers' bills.
Introducing renewable electricity into the mix of electricity generation also brings us a measure of physical security. By creating geographically dispersed sources of energy generation, we are providing ourselves with greater electricity security by providing smaller targets and reducing the transport of combustible materials. This is smart policy at a time when we must be vigilant about homeland security.
Our country's demand for electricity is expected to continue growing for decades to come. Enacting a renewable portfolio standard ensures that clean technologies will help us meet that enlarged demand, while not offsetting the importance of investing in clean technologies in other energy production methods, especially coal. Coal will undoubtedly play a large role in our energy portfolio for years to come, and I look forward to a vigorous debate on how we can best assist the utility industry in employing clean coal technologies.
Abraham Lincoln once said: ``I am a firm believer in the people. If given the truth, they can be depended upon to meet any national crises. The great point is to bring them the real facts.'' The real facts are that without forward-thinking amendments such as this one, the energy bill is not going to bring us independence from the 20th century mindset of energy production. Let us give the American public this tool so they too can rise to meet this national energy crisis before it gets worse.
Mr. President, I rise today in support of the amendment offered by the Senator from Washington, Ms. Cantwell. I am proud to be submitting this amendment.
Forty-four years ago, John F. Kennedy challenged America to put a man on the moon by the end of the 1960s. A bipartisan coalition in Congress joined with Presidents Kennedy, Johnson, and Nixon to make this goal a reality.
Today, we are considering a similarly bold challenge to the Nation-- to reduce America's dependence on foreign oil by 40 percent by the year 2025. This challenge is no less important, no less laudable, and no less worthy of bipartisan support, Presidential leadership, and national commitment.
The bill before us purports to offer a comprehensive energy solution for the future. But, as currently drafted, the bill does nothing more than lead us down the same dangerous and unsustainable path that we have been traveling for the last several decades. Unless we draw the line now, outlining a bold change in course, with time enough to prepare, we will see the United States in 2025 even more tethered to foreign oil, and even more subject to economic shocks, than the United States of 2005. Unless we reverse course, we will continue putting our economic well-being and national security at the mercy of unstable foreign governments.
Some will argue that the goals in this amendment are unrealistic and unattainable. I do not agree with these naysayers. When President Kennedy announced his challenge in 1961, he said the following: ``This decision demands a major national commitment of scientific and technical manpower, materiel and facilities, and the possibility of their diversion from other important activities where they are already thinly spread. It means a degree of dedication, organization and discipline which have not always characterized our research and development efforts.''
Likewise, meeting the requirements of the Senator's amendment will require a similar commitment. But I believe the task before us is much simpler than the one that faced President Kennedy, because we already know how to decrease our reliance on foreign oil. A smart energy policy that focuses on a greater commitment to technology; including hybrid and hydrogen fuel cell technology, renewable fuels, and greater efficiency can take us a long way, if not the entire way, to the goal proposed by the Senator from Washington.
As difficult as it may be, we must try to meet the goal set forth in this amendment. We would be far worse off as a country if we just threw up our hands and admitted defeat.
The people I meet on my travels around Illinois are ready for the challenge. They are tired of giving their hard-earned dollars to foreign governments in the form of record-high gasoline prices. They are tired of seeing their foreign policy being influenced by America's insatiable need for Middle East oil. They are looking to their leaders in Washington for innovative leadership. If we lay down the challenge in this amendment, I have every reason to believe that the American people will rise up to meet it--much like they met a similar challenge 40 years ago.
In 1962, President Kennedy traveled to Rice University to speak about the challenge that he had laid down the year before. He stated: ``Surely the opening vistas of space promise high costs and hardships as well as high reward. So it is not surprising that some would have us stay where we are a little longer, to rest, to wait. But this city of Houston, this State of Texas, this country of the U.S. was not built by those who waited and rested and wished to look behind them.''
When it comes to our energy policy, we are long past the point of waiting and resting and looking behind us. I urge my colleagues to support the amendment offered by the Senator from Washington.
Mr. President, I wish to express my appreciation to Senator Frist for his leadership on this issue because we certainly do need to bring our health care system out of the information dark ages. I am…
Mr. President, I wish to express my appreciation to Senator Frist for his leadership on this issue because we certainly do need to bring our health care system out of the information dark ages. I am pleased to be introducing this legislation today with the majority leader. It is a priority for both of us, and I look forward to continuing our partnership to move this legislation through the legislative process.
For several years, I have been promoting the adoption of health information technology as a means to improve our health care system and bring it into the 21st century. I introduced health quality and information technology legislation in 2003 to jump-start the conversation on health IT. I am very pleased that I have had the opportunity now to work with the majority leader for more than a year on realizing what we believe would work, that would enable patients, physicians, nurses, hospitals--all--to have access electronically in a privacy-protected way to health information.
We have a lot of challenges facing us in health care. We have a long way to go to achieve the goal of expanding access to quality, affordable health care for all Americans. But creating a health information technology infrastructure needs to be a key part of achieving our health care goals because we are facing an escalating health care crisis.
Information technology has radically changed business and other aspects of our lives. It is time to use it to bring our health sector into the information age.
Currently, the health industry spends 2 to 3 percent of its revenues on information technology, compared to roughly 12 percent in industries such as finance or banking. That is why you can go to an ATM virtually anywhere in the world and access money from your bank account.
But despite evidence that greater investments could yield returns, we have not put in place the necessary infrastructure to facilitate the necessary investment in an interoperable health information technology and quality infrastructure.
Mr. President, I could not agree more. The majority leader comes to this debate with a lifetime of experience and expertise. Researchers at Dartmouth University found that we waste as much as one-third of the $1.8 trillion we spend on health care on care that is not necessary.
Doctors write over 2 billion prescriptions each year by hand. With all respect to my doctors, some are unclear or even illegible. Handwritten prescriptions filled incorrectly result in as many as 7,000 deaths each year because we do not have access to a fail-safe system so that providing the prescription electronically, which also would trigger a response if it was interacting with another drug the patient was taking, is not yet available.
With that data, it is difficult, sometimes even impossible, to track the quality of care patients receive. We cannot reward good providers or work to improve those who provide inferior care.
Widening health care disparities really are a growing problem in our society. It is especially important because every moment that a doctor or a nurse spends with a patient is precious. For every hour that they spend with a patient, they spend one-half hour filling out those forms by hand. So we can save time, we can save money, and we can make it clear that this information will be easily electronically transportable where it is needed.
That is absolutely the case, especially as we tragically know so many young people who have been injured in Iraq or Afghanistan move from the DOD to the VA. We have to have a better system so that they can know what needs to be done for these brave young men and women.
Secondly, we believe our legislation should work to reduce barriers and facilitate the electronic exchange of health information among providers in a secure and private way to improve health care quality and meet community needs. When communities come together, as is beginning to happen all over the country, the Federal Government should help them implement an interoperable health IT system.
Interoperable sounds like a confusing word, but it means they can talk to each other, they can operate in the same overall system and do it in a way that complies with national standards. To speed up this process, we propose spending a total of $600 million--$125 million a year, over 5 years--to begin the work of rolling out interoperable electronic medical records systems around the Nation.
Finally, we must use the data we collect to focus intensely on improving the quality of health care. Our medical system, which is, and deserves to be, the envy of the world, still suffers from enormous and unpardonable disparities in the quality of care. Health IT will be a tool to help our dedicated health care professionals improve care, and efficiently, so that they spend more time at the bedside, more time at the office visit, and less on paperwork.
Through this legislation, we will begin to collect consistent data on the quality of health care delivered in America. As the largest health care payer in the country, the Federal Government has a responsibility to begin that process of collecting data on its own health care programs and share it with the public. Then, with this data, we can begin to move to a health care system that actually rewards providers who give their patients superior care.
I am delighted to be working on this very important national initiative with the majority leader because we are at a pivotal moment. Pockets of innovation and investment are developing all over the country. In my State, places like Rochester, NY, and in the majority leader's State, the Tri-Cities region of Tennessee, health care providers, employers and community groups are beginning the process of building a health information technology network. That is a positive first step, but it could be either a last step or a misstep because to truly achieve the promise of health information technology, we must ensure that these efforts do not become silos. In other words, there is one system for every hospital, one system for every clinical practice. They cannot talk to each other. So a person goes to one doctor. Their doctor is in New York, but they travel to Tennessee to visit friends, they are in an accident, and nobody knows how to get the information that will give them the best possible treatment.
So if we do this right, this comprehensive legislation will create a health information technology framework that improves quality, protects patient privacy and ensures interoperability through the adoption of health IT standards and quality measures.
We are marrying technology and quality to create a seamless, efficient health care system for the 21st century. I thank the majority leader, who has brought so much interest and expertise to this, for being a leader and making this happen in the next 18 months.
Mr. President, I wish to express my appreciation to Senator Frist for his leadership on this issue because we certainly do need to bring our health care system out of the information dark ages. I am…
Mr. President, I wish to express my appreciation to Senator Frist for his leadership on this issue because we certainly do need to bring our health care system out of the information dark ages. I am pleased to be introducing this legislation today with the majority leader. It is a priority for both of us, and I look forward to continuing our partnership to move this legislation through the legislative process.
For several years, I have been promoting the adoption of health information technology as a means to improve our health care system and bring it into the 21st century. I introduced health quality and information technology legislation in 2003 to jump-start the conversation on health IT. I am very pleased that I have had the opportunity now to work with the majority leader for more than a year on realizing what we believe would work, that would enable patients, physicians, nurses, hospitals--all--to have access electronically in a privacy-protected way to health information.
We have a lot of challenges facing us in health care. We have a long way to go to achieve the goal of expanding access to quality, affordable health care for all Americans. But creating a health information technology infrastructure needs to be a key part of achieving our health care goals because we are facing an escalating health care crisis.
Information technology has radically changed business and other aspects of our lives. It is time to use it to bring our health sector into the information age.
Currently, the health industry spends 2 to 3 percent of its revenues on information technology, compared to roughly 12 percent in industries such as finance or banking. That is why you can go to an ATM virtually anywhere in the world and access money from your bank account.
But despite evidence that greater investments could yield returns, we have not put in place the necessary infrastructure to facilitate the necessary investment in an interoperable health information technology and quality infrastructure.
Mr. President, I could not agree more. The majority leader comes to this debate with a lifetime of experience and expertise. Researchers at Dartmouth University found that we waste as much as one-third of the $1.8 trillion we spend on health care on care that is not necessary.
Doctors write over 2 billion prescriptions each year by hand. With all respect to my doctors, some are unclear or even illegible. Handwritten prescriptions filled incorrectly result in as many as 7,000 deaths each year because we do not have access to a fail-safe system so that providing the prescription electronically, which also would trigger a response if it was interacting with another drug the patient was taking, is not yet available.
With that data, it is difficult, sometimes even impossible, to track the quality of care patients receive. We cannot reward good providers or work to improve those who provide inferior care.
Widening health care disparities really are a growing problem in our society. It is especially important because every moment that a doctor or a nurse spends with a patient is precious. For every hour that they spend with a patient, they spend one-half hour filling out those forms by hand. So we can save time, we can save money, and we can make it clear that this information will be easily electronically transportable where it is needed.
That is absolutely the case, especially as we tragically know so many young people who have been injured in Iraq or Afghanistan move from the DOD to the VA. We have to have a better system so that they can know what needs to be done for these brave young men and women.
Secondly, we believe our legislation should work to reduce barriers and facilitate the electronic exchange of health information among providers in a secure and private way to improve health care quality and meet community needs. When communities come together, as is beginning to happen all over the country, the Federal Government should help them implement an interoperable health IT system.
Interoperable sounds like a confusing word, but it means they can talk to each other, they can operate in the same overall system and do it in a way that complies with national standards. To speed up this process, we propose spending a total of $600 million--$125 million a year, over 5 years--to begin the work of rolling out interoperable electronic medical records systems around the Nation.
Finally, we must use the data we collect to focus intensely on improving the quality of health care. Our medical system, which is, and deserves to be, the envy of the world, still suffers from enormous and unpardonable disparities in the quality of care. Health IT will be a tool to help our dedicated health care professionals improve care, and efficiently, so that they spend more time at the bedside, more time at the office visit, and less on paperwork.
Through this legislation, we will begin to collect consistent data on the quality of health care delivered in America. As the largest health care payer in the country, the Federal Government has a responsibility to begin that process of collecting data on its own health care programs and share it with the public. Then, with this data, we can begin to move to a health care system that actually rewards providers who give their patients superior care.
I am delighted to be working on this very important national initiative with the majority leader because we are at a pivotal moment. Pockets of innovation and investment are developing all over the country. In my State, places like Rochester, NY, and in the majority leader's State, the Tri-Cities region of Tennessee, health care providers, employers and community groups are beginning the process of building a health information technology network. That is a positive first step, but it could be either a last step or a misstep because to truly achieve the promise of health information technology, we must ensure that these efforts do not become silos. In other words, there is one system for every hospital, one system for every clinical practice. They cannot talk to each other. So a person goes to one doctor. Their doctor is in New York, but they travel to Tennessee to visit friends, they are in an accident, and nobody knows how to get the information that will give them the best possible treatment.
So if we do this right, this comprehensive legislation will create a health information technology framework that improves quality, protects patient privacy and ensures interoperability through the adoption of health IT standards and quality measures.
We are marrying technology and quality to create a seamless, efficient health care system for the 21st century. I thank the majority leader, who has brought so much interest and expertise to this, for being a leader and making this happen in the next 18 months.
Mr. President, I am glad I stayed on the floor because I was a little dismayed when I heard Senator Cantwell describe her amendment. Senator Durbin helped to clear it up for me in the fact that if we…
Mr. President, I am glad I stayed on the floor because I was a little dismayed when I heard Senator Cantwell describe her amendment. Senator Durbin helped to clear it up for me in the fact that if we cut trucks off at the truckstop and if all the American people take the tires that are on their car now and we change those to new tires, we can eliminate a million barrels of oil. It is incredibly easy. It is unrealistic, but if you hear it portrayed, it is portrayed as something that is easy to accomplish.
I rise in opposition to the Senator's amendment because I believe one of the responsibilities we have as Members of the Senate is to, in fact, pass legislation that is reasonable for the American people, legislation that is technologically possible to achieve--even if we stretch technology and we push technology, and even if we were to create a ``Manhattan Energy project.'' The reality is that some of the same individuals who stand in this chamber and claim this is easily achievable are the same ones who for the last decade have blocked domestic exploration, which is crucial to less reliance on foreign oil.
I believe every American agrees with me that we want to become less reliant on imported oil, but it is not just for national security, it is for job security. When we talk about policies on this floor that affect the cost of manufacturers in a global marketplace, we are talking about the jobs our constituents have, about the manufacturers who used to compete domestically within North Carolina or within the Southeast, or within this country, and now compete with people they will never meet. Of this year's group of graduates from college, 20 percent of them will compete for a job with somebody they will never meet and who will never live in this country because technology allows us to do it. It will be incredible when technology gets to that point, that it won't take government pushing it and saying implement it; it will implement itself because it brings efficiencies and savings to the marketplace naturally.
I think, as the occupant of the chair does, as we have gone through the creation of this energy bill, we have pushed technology and we have brought those minds into the committee in a bipartisan way and said: ``Tell us where this can go over the next decade.'' We have truly tried in this legislation to create a blueprint for the American people and for the American economy, one that makes predictable what energy costs will be and how it will affect our competitiveness in this country and internationally. At the end of the day, if we do anything that forces American business to be at a competitive disadvantage, we have done a disservice to the American worker, who is the recipient of that business.
We need to vote against the Cantwell amendment. We need to tell the American people we have an energy policy. And if we believe that policy will lead us down the road to new technologies this year, next year, 10 years from now, it may be that 20 years from now we are all driving hybrid cars. I happen to believe that technology will make the hybrid car, 20 years from now, probably obsolete; there will be a new technology out there. But I am confident of one thing: You cannot push the mileage standards of automobiles further than where technology will allow; that for every place you surge and you try to reach a little too far, you cause, in fact, an unintended consequence on the other side.
We will also have an opportunity to vote on Senator Bingaman's amendment on a renewable portfolio standard, one I know the Senator from New Mexico is passionate about.
I want to correct something that Senator Cantwell said. She said--and she is from Washington--that hydroelectric power makes up a majority of their electricity generation today, and she is right. The unfortunate thing is, hydroelectric power is not considered a renewable source of electricity unless it is new hydro.
It is incredible, the history we have in this country of hydroelectric generation, but we do not consider that to be a ``renewable source of electricity.'' The only way hydro would qualify under a renewable portfolio standard is if it is new hydroelectric generation.
For those of us in the Southeast of the United States who for years have used electricity generated by hydro plants to compliment our coal- fired generation facilities or our nuclear facilities or our gas-fired facilities, we have understood for some time what made up a portfolio, and we assumed part of it was made up of what we considered to be renewable-hydroelectric power.
At 50 years old and now in my 11th year in Congress, I am reminded that hydroelectric power is not renewable, that water is not a renewable substance.
It is crazy it is not included. If we did include hydroelectric generation, North Carolina would in all likelihood hit the 10 percent mandate required in this amendment. I believe the Presiding Officer would hit the 10 percent possibly in Tennessee today. But the reality is we are being asked to accept a renewable portfolio standard that does not even include the generation of electricity with hydro. It does not require that rural electric cooperatives that generate electricity participate in the renewable portfolio standard. Electric co-ops account for a sizeable amount of the electricity generated in this country on an annual basis, but they are not included. We just want to place it on the backs of the ratepayers of investor-owned utilities.
I happen to come from a State that is rich with investor-owned utilities, but it is rich in electric co-ops and municipal power, probably richer than any State in the country. I defend them, but I do not believe if we put a burden like this on the ratepayers of the investor-owned utilities that we should leave anybody out and say they should be unaffected.
The fact is, what they have tried to do is put the cost of the renewable portfolio standard on the backs of one slice of electric generation, and that is the ratepayers of investor-owned utilities. They know if it extended to electric co-ops, there would be no way for this amendment to pass. There would be opposition on both sides of the aisle, on every level of our desks to this amendment.
The fact is, today we are here because we need to defeat the Bingaman amendment for a renewable portfolio standard, but we also need to defeat the Cantwell amendment. She said it is not a mandate but a goal, a goal that we cannot achieve today based upon available technology and one we ought not put into this bill, in fact, because it is unachievable.
I thank the Presiding Officer, and I yield the floor.
Bill Text
Latest available legislative text
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1262 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1262
To reduce healthcare costs, improve efficiency, and improve healthcare
quality through the development of a nationwide interoperable health
information technology system, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 16, 2005
Mr. Frist (for himself, Mrs. Clinton, Mr. Martinez, Mr. Bingaman, Mr.
Talent, Ms. Mikulski, Mr. Thune, and Mr. Obama) introduced the
following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and PensionsYYYYYYYYYYYY
_______________________________________________________________________
A BILL
To reduce healthcare costs, improve efficiency, and improve healthcare
quality through the development of a nationwide interoperable health
information technology system, 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 ``Health Technology to Enhance Quality
Act of 2005'' or the ``Health TEQ Act of 2005''.
TITLE I--HEALTH INFORMATION TECHNOLOGY STANDARDS ADOPTION AND
INFRASTRUCTURE DEVELOPMENT
SEC. 101. ESTABLISHMENT OF NATIONAL COORDINATOR; RECOMMENDATION,
ADOPTION, AND IMPLEMENTATION OF HEALTH INFORMATION
ELECTRONIC EXCHANGE STANDARDS.
The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following:
``TITLE XXIX--HEALTH INFORMATION TECHNOLOGY
``SEC. 2901. DEFINITIONS.
``For purposes of this title:
``(1) Group health plan.--The term `group health plan' has
the meaning giving that term in section 2791.
``(2) Healthcare provider.--The term `healthcare provider'
means a hospital, skilled nursing facility, home health entity,
healthcare clinic, community health center, group practice (as
defined in section 1877(h)(4) of the Social Security Act), a
physician (as defined in section 1861(r)(1) of the Social
Security Act), a pharmacist, a pharmacy, a laboratory, and any
other category of facility or clinician determined appropriate
by the Secretary.
``(3) Health information.--The term `health information'
means any information, recorded in any form or medium, that
relates to the past, present, or future physical or mental
health or condition of an individual, the provision of
healthcare to an individual, or the past, present, or future
payment for the provision of healthcare to an individual.
``(4) Health insurance issuer.--The term `health insurance
issuer' has the meaning given that term in section 2791.
``(5) Laboratory.--The term `laboratory' has the meaning
given that term in section 353.
``(6) Pharmacist.--The term `pharmacist' has the meaning
given that term in section 804 of the Federal Food, Drug, and
Cosmetic Act.
``SEC. 2902. OFFICE OF THE NATIONAL COORDINATOR OF HEALTH INFORMATION
TECHNOLOGY.
``(a) Office of National Health Information Technology.--There is
established within the Office of the Secretary an Office of the
National Coordinator of Health Information Technology (referred to in
this section as the `Office'). The Office shall be headed by a National
Coordinator who shall be appointed by the President in consultation
with the Secretary and shall report directly to the Secretary.
``(b) Purpose.--It shall be the purpose of the Office to carry out
programs and activities to develop a nationwide interoperable health
information technology infrastructure that--
``(1) improves healthcare quality, reduces medical errors,
and advances the delivery of patient-centered medical care;
``(2) reduces healthcare costs resulting from inefficiency,
medical errors, inappropriate care, and incomplete information;
``(3) ensures that appropriate information to help guide
medical decisions is available at the time and place of care;
``(4) promotes a more effective marketplace, greater
competition, and increased choice through the wider
availability of accurate information on healthcare costs,
quality, and outcomes;
``(5) improves the coordination of care and information
among hospitals, laboratories, physician offices, and other
entities through an effective infrastructure for the secure and
authorized exchange of healthcare information;
``(6) improves public health reporting and facilitates the
early identification and rapid response to public health
threats and emergencies, including bioterror events and
infectious disease outbreaks;
``(7) facilitates health research; and
``(8) ensures that patients' health information is secure
and protected.
``(c) Duties of National Coordinator.--
``(1) In general.--The National Coordinator shall--
``(A) facilitate the adoption of a national system
for the electronic exchange of health information;
``(B) serve as the principal advisor to the
Secretary on the development, application, and use of
health information technology, and coordinate and
oversee the health information technology programs of
the Department;
``(C) ensure the adoption and implementation of
standards for the electronic exchange of health
information, including coordinating the activities of
the Standards Working Group under section 2903;
``(D) carry out activities related to the
electronic exchange of health information that reduce
cost and improve healthcare quality;
``(E) ensure that health information technology
policy and programs of the Department are coordinated
with those of relevant executive branch agencies
(including Federal commissions) with a goal of avoiding
duplication of efforts and of helping to ensure that
each agency undertakes health information technology
activities primarily within the areas of its greatest
expertise and technical capability;
``(F) to the extent permitted by law, coordinate
outreach and consultation by the relevant executive
branch agencies (including Federal commissions) with
public and private parties of interest, including
consumers, payers, employers, hospitals and other
healthcare providers, physicians, community health
centers, laboratories, vendors and other stakeholders;
``(G) advise the President regarding specific
Federal health information technology programs; and
``(H) submit the reports described under paragraph
(2).
``(2) Reports to congress.--The National Coordinator shall
submit to Congress, on an annual basis, a report that
describes--
``(A) specific steps that have been taken to
facilitate the adoption of a nationwide system for the
electronic exchange of health information;
``(B) barriers to the adoption of such a nationwide
system; and
``(C) recommendations to achieve full
implementation of such a nationwide system.
``(d) Detail of Federal Employees.--
``(1) In general.--Upon the request of the National
Coordinator, the head of any Federal agency is authorized to
detail, with or without reimbursement from the Office, any of
the personnel of such agency to the Office to assist it in
carrying out its duties under this section.
``(2) Effect of detail.--Any such detail shall--
``(A) not interrupt or otherwise affect the civil
service status or privileges of the Federal employee;
and
``(B) be in addition to any other staff of the
Department employed by the National Coordinator.
``(3) Acceptance of Detailees.--Notwithstanding any other
provision of law, the Office may accept detailed personnel from
other Federal agencies without regard to whether the agency
described under paragraph (1) is reimbursed.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out the activities
of the Office under this section for each of fiscal years 2006 through
2010.
``SEC. 2903. COLLABORATIVE PROCESS FOR THE RECOMMENDATION, ADOPTION,
AND IMPLEMENTATION OF HEALTH INFORMATION STANDARDS.
``(a) Establishment of Working Group.--Not later than 60 days after
the date of enactment of this title, the National Coordinator, in
consultation with the Director of the National Institute of Standards
and Technology (referred to in this section as the `Director'), shall
establish a permanent Electronic Health Information Standards
Development Working Group (referred to in this title as the `Standards
Working Group').
``(b) Composition.--The Standards Working Group shall be composed
of--
``(1) the National Coordinator, who shall serve as the
chairperson of the Standards Working Group;
``(2) the Director;
``(3) representatives of the relevant Federal agencies and
departments, as selected by the Secretary in consultation with
the National Coordinator, including representatives of the
Department of Veterans Affairs, the Department of Defense, the
Office of Management and Budget, the Department of Homeland
Security, and the Environmental Protection Agency;
``(4) private entities accredited by the American National
Standards Institute, as selected by the National Coordinator;
``(5) representatives, as selected by the National
Coordinator--
``(A) of group health plans or other health
insurance issuers;
``(B) of healthcare provider organizations;
``(C) with expertise in health information
security;
``(D) with expertise in health information privacy;
``(E) with experience in healthcare quality and
patient safety, including those with experience in
utilizing health information technology to improve
healthcare quality and patient safety;
``(F) of consumer and patient organizations;
``(G) of employers;
``(H) with experience in data exchange; and
``(I) with experience in developing health
information technology standards and new health
information technology; and
``(6) other representatives as determined appropriate by
the National Coordinator in consultation with the Secretary.
``(c) Standards Deemed Adopted.--On the date of enactment of this
title, the Secretary and the Standards Working Group shall deem as
adopted, for use by the Secretary and private entities, the standards
adopted by the Consolidated Health Informatics Initiative prior to such
date of enactment.
``(d) Duties.--
``(1) First year review.--Not later than 1 year after the
date of enactment of this title, the Standards Working Group
shall--
``(A) review existing standards (including content,
communication, and security standards) for the
electronic exchange of health information, including
such standards deemed adopted under subsection (c);
``(B) identify deficiencies and omissions in such
existing standards;
``(C) identity duplications and omissions in
existing standards, and recommend modifications to such
standards as necessary; and
``(D) submit a report to the Secretary recommending
for adoption by such Secretary and private entities--
``(i) modifications to the standards deemed
adopted under subsection (c); and
``(ii) any additional standards reviewed
pursuant to this paragraph.
``(2) Ongoing review.--Beginning 1 year after the date of
enactment of this title, and on an ongoing basis thereafter,
the Standards Working Group shall--
``(A) review existing standards (including content,
communication, and security standards) for the
electronic exchange of health information, including
such standards adopted by the Secretary under
subsections (c) and (e);
``(B) identify deficiencies and omissions in such
existing standards;
``(C) identity duplications and omissions in
existing standards, and recommend modifications to such
standards as necessary; and
``(D) submit reports to the Secretary recommending
for adoption by such Secretary and private entities--
``(i) modifications to any existing
standards; and
``(ii) any additional standards reviewed
pursuant to this paragraph.
``(3) Limitation.--The standards described under this
subsection shall not include any standards developed pursuant
the Health Insurance Portability and Accountability Act of
1996.
``(e) Adoption by Secretary.--Not later than 1 year after the
receipt of a report from the Standards Working Group under paragraph
(1)(D) or (2)(D) of subsection (d), the Secretary shall review and
provide for the adoption by the Federal Government of any modification
or standard recommended in such report.
``(f) Voluntary Adoption.--Any standards adopted by the Secretary
under this section shall be voluntary for private entities.
``(g) Application of FACA.--
``(1) In general.--The Federal Advisory Committee Act (5
U.S.C. App.) shall apply to the Standards Working Group
established under this section.
``(2) Limitation.--Notwithstanding paragraph (1), the 2-
year termination date under section 14 of the Federal Advisory
Committee Act shall not apply to the Standards Working Group.
``SEC. 2904. IMPLEMENTATION AND CERTIFICATION OF HEALTH INFORMATION
STANDARDS.
``(a) Implementation.--
``(1) In general.--The Secretary, in consultation with the
National Coordinator and the Director of the National Institute
of Standards and Technology, shall develop criteria to ensure
uniform and consistent implementation of any standards for the
electronic exchange of health information voluntarily adopted
by private entities in technical conformance with such
standards adopted under this title.
``(2) Implementation assistance.--The Secretary may
recognize a private entity or entities to assist private
entities in the implementation of the standards adopted under
this title.
``(b) Certification.--
``(1) In general.--The Secretary, in consultation with the
National Coordinator and the Director of the National Institute
of Standards and Technology shall develop criteria to ensure
and certify that hardware, software, and support services that
claim to be in compliance with any standard for the electronic
exchange of health information adopted under this title have
established and maintain such compliance in technical
conformance with such standard.
``(2) Certification assistance.--The Secretary may
recognize a private entity or entities to assist in the
certification described under paragraph (1).
``(c) Delegation authority.--The Secretary may delegate the
development of the criteria under subsection (a) and (b) to a private
entity.
``SEC. 2905. AUTHORITY FOR COORDINATION AND SPENDING.
``(a) In General.--The Secretary acting through the National
Coordinator--
``(1) shall direct and coordinate--
``(A) Federal spending related to the development,
adoption, and implementation of standards for the
electronic exchange of health information; and
``(B) the adoption of the recommendations submitted
to such Secretary by the Standards Working Group
established under section 2903; and
``(2) may utilize the entities recognized under section
2904 to assist in implementation and certification related to
the implementation by the Federal Government of the standards
adopted by the Secretary under this title.
``(b) Limitation.--
``(1) In general.--Notwithstanding any other provision of
law, no Federal agency shall expend Federal funds for the
purchase of hardware, software, or support services for the
purpose of implementing a standard related to the electronic
exchange of health information that is not a standard adopted
by the Secretary under section 2903.
``(2) Effective date.--The limitation under paragraph (1)
shall take effect not later than 1 year after the adoption by
the Secretary of such standards under section 2903.''.
SEC. 102. ENCOURAGING SECURE EXCHANGE OF HEALTH INFORMATION.
(a) Study and Grant Programs Related to State Health Information
Laws and Practices.--
(1) Study of state health information laws and practices.--
(A) In general.--The Secretary of Health and Human
Services (referred to in this Act as the ``Secretary'')
shall carry out, or contract with a private entity to
carry out, a study that examines--
(i) the variation among State laws and
practices that relate to the privacy,
confidentiality, and security of health
information;
(ii) how such variation among State laws
and practices may impact the electronic
exchange of health information (as defined in
section 2901 of the Public Health Service Act)
(as added by section 101)--
(I) among the States;
(II) between the States and the
Federal Government; and
(III) among private entities; and
(iii) how such laws and practices may be
harmonized to permit the secure electronic
exchange of health information.
(B) Report and recommendations.--Not later than 1
year after the date of enactment of this Act, the
Secretary shall submit to Congress a report that--
(i) describes the results of the study
carried out under subparagraph (A); and
(ii) makes recommendations based on the
results of such study.
(2) Secure exchange of health information; incentive
grants.--Title XXIX of the Public Health Service Act (as added
by section 101) is amended by adding at the end the following:
``SEC. 2906. SECURE EXCHANGE OF HEALTH INFORMATION; INCENTIVE GRANTS.
``(a) In General.--The Secretary may make grants to States to carry
out programs under which such States cooperate with other States to
develop and implement State policies that will facilitate the secure
electronic exchange of health information utilizing the standards
adopted under section 2903--
``(1) among the States;
``(2) between the States and the Federal Government; and
``(3) among private entities.
``(b) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to States that provide assurance that any
funding awarded under such a grant shall be used to harmonize privacy
laws and practices between the States, the States and the Federal
Government, and among private entities related to the privacy,
confidentiality, and security of health information.
``(c) Dissemination of Information.--The Secretary shall
disseminate information regarding the efficacy of efforts of a
recipient of a grant under this section.
``(d) Technical Assistance.--The Secretary may provide technical
assistance to recipients of a grant under this section.
``(e) Authorization of Appropriations.--For the purpose of carrying
out subsection (a), there are authorized to be appropriated such sums
as may be necessary for each of the fiscal years 2006 through 2010.''.
(b) Study and Grant Programs Related to State Licensure Laws.--
(1) Study of state licensure laws.--
(A) In general.--The Secretary shall carry out, or
contract with a private entity to carry out, a study
that examines--
(i) the variation among State laws that
relate to the licensure, registration, and
certification of medical professionals; and
(ii) how such variation among State laws
impacts the secure electronic exchange of
health information (as defined in section 2901
of the Public Health Service Act) (as added by
section 101)--
(I) among the States; and
(II) between the States and the
Federal Government.
(B) Report and recommendations.--Not later than 1
year after the date of enactment of this Act, the
Secretary shall publish a report that--
(i) describes the results of the study
carried out under subparagraph (A); and
(ii) makes recommendations to States
regarding the harmonization of State laws based
on the results of such study.
(2) Reauthorization of incentive grants regarding
telemedicine.--Section 330L(b) of the Public Health Service Act
(42 U.S.C. 254c-18(b)) is amended by striking ``2002 through
2006'' and inserting ``2006 through 2010''.
(3) HIPAA application to electronic health information.--
Title XXIX of the Public Health Service Act (as added by
section 101 and amended by subsection (a)) is further amended
by adding at the end the following:
``SEC. 2907. APPLICABILITY OF PRIVACY AND SECURITY REGULATIONS.
``The regulations promulgated by the Secretary under part C of
title XI of the Social Security Act and sections 261, 262, 263, and 264
of the Health Insurance Portability and Accountability Act of 1996 with
respect to the privacy, confidentiality, and security of health
information shall--
``(1) apply to any health information stored or transmitted
in an electronic format as of the date of enactment of this
title; and
``(2) apply to the implementation of standards, programs,
and activities under this title.''.
(c) Study and report.--
(1) Study.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall carry out, or
contract with a private entity to carry out, a study that
examines the integration of the standards adopted under the
amendments made by this Act with the standards adopted under
the Health Insurance Portability and Accountability Act of 1996
(Public Law 104-191).
(2) Plan; report.--
(A) Plan.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall, based on
the results of the study carried out under paragraph
(1), develop a plan for the integration of the
standards described under such paragraph and submit a
report to Congress describing such plan.
(B) Periodic Reports.--The Secretary shall submit
periodic reports to Congress that describe the progress
of the integration described under subparagraph (A).
TITLE II--FACILITATING THE ADOPTION AND IMPLEMENTATION OF INTEROPERABLE
ELECTRONIC HEALTH INFORMATION
SEC. 201. GRANTS FOR THE IMPLEMENTATION OF REGIONAL OR LOCAL HEALTH
INFORMATION TECHNOLOGY PLANS.
Title XXIX of the Public Health Service Act (as amended by section
102) is further amended by adding at the end the following:
``SEC. 2908. GRANTS FOR THE IMPLEMENTATION OF REGIONAL OR LOCAL HEALTH
INFORMATION TECHNOLOGY PLANS.
``(a) In General.--The Secretary, in consultation with the National
Coordinator, may award competitive grants to eligible entities to
implement regional or local health information plans to improve
healthcare quality and efficiency through the electronic exchange of
health information pursuant to the standards, protocols, and other
requirements adopted by the Secretary under sections 2903 and 2910.
``(b) Eligibility.--To be eligible to receive a grant under
subsection (a) an entity shall--
``(1) demonstrate financial need to the Secretary;
``(2) demonstrate that one of its principal missions or
purposes is to use information technology to improve healthcare
quality and efficiency;
``(3) adopt bylaws, memoranda of understanding, or other
charter documents that demonstrate that the governance
structure and decisionmaking processes of such entity allow for
participation on an ongoing basis by multiple stakeholders
within a community, including--
``(A) physicians (as defined in section 1861(r)(1)
of the Social Security Act), including physicians that
provide services to low income and underserved
populations;
``(B) hospitals (including hospitals that provide
services to low income and underserved populations);
``(C) group health plans or other health insurance
issuers;
``(D) health centers (as defined in section 330(b))
and Federally qualified health centers (as defined in
section 1861(aa)(4) of the Social Security Act);
``(E) rural health clinics (as defined in section
1861(aa) of the Social Security Act);
``(F) consumer organizations;
``(G) employers; and
``(H) any other healthcare providers or other
entities, as determined appropriate by the Secretary;
``(4) adopt nondiscrimination and conflict of interest
policies that demonstrate a commitment to open, fair, and
nondiscriminatory participation in the health information plan
by all stakeholders;
``(5) adopt the national health information technology
standards adopted by the Secretary under section 2903;
``(6) facilitate the electronic exchange of health
information within the local or regional area and among local
and regional areas;
``(7) prepare and submit to the Secretary an application in
accordance with subsection (c); and
``(8) agree to provide matching funds in accordance with
subsection (e).
``(c) Application.--
``(1) In general.--To be eligible to receive a grant under
subsection (a), an entity shall submit to the Secretary an
application at such time, in such manner, and containing such
information as the Secretary may require.
``(2) Required information.--At a minimum, an application
submitted under this subsection shall include--
``(A) clearly identified short-term and long-term
objectives of the regional or local health information
plan;
``(B) a technology plan that complies with the
standards adopted under section 2903 and that includes
a descriptive and reasoned estimate of costs of the
hardware, software, training, and consulting services
necessary to implement the regional or local health
information plan;
``(C) a strategy that includes initiatives to
improve healthcare quality and efficiency, including
the use of healthcare quality measures adopted under
section 2910;
``(D) a plan that describes provisions to encourage
the implementation of the electronic exchange of health
information by all physicians, including single
physician practices and small physician groups
participating in the health information plan;
``(E) a plan to ensure the privacy and security of
personal health information that is consistent with
Federal and State law;
``(F) a governance plan that defines the manner in
which the stakeholders shall jointly make policy and
operational decisions on an ongoing basis; and
``(G) a financial or business plan that describes--
``(i) the sustainability of the plan;
``(ii) the financial costs and benefits of
the plan; and
``(iii) the entities to which such costs
and benefits will accrue.
``(d) Use of Funds.--Amounts received under a grant under
subsection (a) shall be used to establish and implement a regional or
local health information plan in accordance with this section.
``(e) Matching Requirement.--
``(1) In general.--The Secretary may not make a grant under
this section to an entity unless the entity agrees that, with
respect to the costs to be incurred by the entity in carrying
out the infrastructure program for which the grant was awarded,
the entity will make available (directly or through donations
from public or private entities) non-Federal contributions
toward such costs in an amount equal to not less than 50
percent of such costs ($1 for each $2 of Federal funds provided
under the grant).
``(2) Determination of amount contributed.--Non-Federal
contributions required under paragraph (1) may be in cash or in
kind, fairly evaluated, including equipment, technology, or
services. Amounts provided by the Federal Government, or
services assisted or subsidized to any significant extent by
the Federal Government, may not be included in determining the
amount of such non-Federal contributions.
``(f) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to carry out this section, $125,000,000 for each of fiscal
years 2006 through 2010.
``(2) Availability.--Amounts appropriated under paragraph
(1) shall remain available for obligation until expended.
``SEC. 2909. REPORTS.
``Not later than 1 year after the date on which the first grant is
awarded under section 2908, and annually thereafter during the grant
period, an entity that receives a grant under such section shall submit
to the Secretary, acting through the National Coordinator, a report on
the activities carried out under the grant involved. Each such report
shall include--
``(1) a description of the financial costs and benefits of
the project involved and of the entities to which such costs
and benefits accrue;
``(2) an analysis of the impact of the project on
healthcare quality and safety;
``(3) a description of any reduction in duplicative or
unnecessary care as a result of the project involved; and
``(4) other information as required by the Secretary.''.
SEC. 202. EXCEPTION FOR THE PROVISION OF PERMITTED SUPPORT.
(a) Exemption From Criminal Penalties.--Section 1128B(b) of the
Social Security Act (42 U.S.C. 1320a-7b(b)(3)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (G), by striking ``and'' at the
end;
(B) in subparagraph (H), as added by section 237(d)
of the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (Public Law 108-173; 117
Stat. 2213)--
(i) by moving such subparagraph 2 ems to
the left; and
(ii) by striking the period at the end and
inserting a semicolon;
(C) by redesignating subparagraph (H), as added by
section 431(a) of the Medicare Prescription Drug,
Improvement, and Modernization Act of 2003 (Public Law
108-173; 117 Stat. 2287), as subparagraph (I);
(D) in subparagraph (I), as so redesignated--
(i) by moving such subparagraph 2 ems to
the left; and
(ii) by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following new:
``(J) subject to paragraph (4), the provision, with
or without charge, of any permitted support (as defined
in paragraph (4)(A) and subject to the conditions in
paragraph (4)(B)) to an entity or individual for
developing, implementing, operating, or facilitating
the electronic exchange of health information (as
defined in section 2901 of the Public Health Service
Act), so long as such support is primarily designed to
promote the electronic exchange of health
information.''; and
(2) by adding at the end the following:
``(4) Permitted support.--
``(A) Definition of permitted support.--In this
section, the term `permitted support' means the
provision of, or funding used exclusively to provide or
pay for, any equipment, item, information, right,
license, intellectual property, software, or service,
regardless of whether any such support may have utility
or value to the recipient for any purpose beyond the
exchange of health information (as defined in section
2901 of the Public Health Service Act).
``(B) Conditions on permitted support.--Paragraph
(3)(J) shall not apply unless the following conditions
are met:
``(i) The provision of permitted support is
not conditioned on the recipient of such
support making any referral to, or generating
any business for, any entity or individual for
which any Federal health care program provides
reimbursement.
``(ii) The permitted support complies with
the standards for the electronic exchange of
health information adopted by the Secretary
under section 2903 of the Public Health Service
Act.
``(iii) The entity or network receiving
permitted support is able to document that such
support is used by the entity or the network
for the electronic exchange of health
information in accordance with the standards
adopted by the Secretary under section 2903 of
the Public Health Service Act.''.
(b) Exemption From Limitation on Certain Physician Referrals.--
Section 1877(e) of the Social Security Act (42 U.S.C. 1395nn(e)) is
amended by adding at the end the following:
``(9) Permitted support.--The provision of permitted
support (as described in section 1128B(b)(3)(J)).''.
(c) Effective Date.--The amendments made by this section shall
apply to permitted support provided on or after the date of enactment
of this Act.
SEC. 203. GROUP PURCHASING.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall establish a safe harbor for group
purchasing of hardware, software, and support services for the
electronic exchange of health information in compliance with section
2903 of the Public Health Service Act (as added by section 101).
(b) Conditions.--In establishing the safe harbor under subsection
(a), the Secretary shall establish conditions on such safe harbor
consistent with the purposes of--
(1) improving healthcare quality;
(2) reducing medical errors;
(3) reducing healthcare costs;
(4) improving the coordination of care;
(5) streamlining administrative processes; and
(6) promoting transparency and competition.
SEC. 204. PERMISSIBLE ARRANGEMENTS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act and notwithstanding any other provision of law, the
Secretary shall establish guidelines in compliance with section 2903 of
the Public Health Service Act that permit certain arrangements between
group health plans and health insurance issuers (as defined in section
2791 of the Public Health Service Act (42 U.S.C. 300gg-91)) and between
healthcare providers (as defined in section 2901 of such Act, as added
by section 101) in accordance with subsection (b).
(b) Conditions.--In establishing the guidelines under subsection
(a), the Secretary shall establish conditions on such arrangements
consistent with the purposes of--
(1) improving healthcare quality;
(2) reducing medical errors;
(3) reducing healthcare costs;
(4) improving the coordination of care;
(5) streamlining administrative processes; and
(6) promoting transparency and competition.
TITLE III--ADOPTION, IMPLEMENTATION, AND USE OF HEALTHCARE QUALITY
MEASURES
SEC. 301. STANDARDIZED MEASURES.
Title XXIX of the Public Health Service Act (as amended by section
201) is further amended by adding at the end the following:
``SEC. 2910. COLLABORATIVE PROCESS FOR THE DEVELOPMENT, RECOMMENDATION,
AND ADOPTION OF STANDARDIZED MEASURES OF QUALITY
HEALTHCARE.
``(a) In General.--
``(1) Collaboration.--The Secretary, the Secretary of
Defense, the Secretary of Veterans Affairs, and any other heads
of relevant Federal agencies as determined appropriate by the
President, (referred to in this section as the `Secretaries')
shall adopt, on an ongoing basis, uniform healthcare quality
measures to assess the effectiveness, timeliness, patient self-
management, patient-centeredness, efficiency, and safety of
care delivered by healthcare providers across Federal
healthcare programs, including those in titles XVIII, XIX, and
XXI of the Social Security Act.
``(2) Review of measures adopted.--The Secretaries shall
conduct an ongoing review of the measures adopted under
paragraph (1).
``(3) Existing activities--Notwithstanding any other
provision of law, the measures and reporting activities
described in this subsection shall replace, to the extent
practicable and appropriate, any duplicative or redundant
existing measurement and reporting activities currently
utilized by Federal healthcare programs, including those in
titles XVIII, XIX, and XXI of the Social Security Act.
``(b) Priority Measures.--
``(1) In general.--In determining the measures to be
adopted under subsection (a), and the timing of any such
adoption, the Secretaries shall give priority to--
``(A) measures with the greatest potential impact
for improving the quality and efficiency of care
provided under Federal programs;
``(B) measures that may be rapidly implemented by
group health plans, health insurance issuers,
physicians, hospitals, nursing homes, long-term care
providers, and other providers; and
``(C) measures which may inform healthcare
decisions made by consumers and patients.
``(2) National Quality Forum Measures; Quality of care
indicators.--To the extent determined feasible and appropriate
by the Secretaries, the Secretaries shall adopt--
``(A) measures endorsed by the National Quality
Forum, subject to compliance with the amendments made
by the National Technology Transfer and Advancement Act
of 1995; and
``(B) indicators relating to the quality of care
data submitted to the Secretary by hospitals under
section 1886(b)(3)(B)(vii)(II) of the Social Security
Act.
``(c) Collaboration With Private Entities.--
``(1) In general.--The Secretaries may establish
collaborative agreements with private entities, including group
health plans and health insurance issuers, providers,
purchasers, consumer organizations, and entities receiving a
grant under section 2908, to--
``(A) encourage the use of the healthcare quality
measures adopted by the Secretary under this section;
and
``(B) foster uniformity between the healthcare
quality measures utilized in Federal programs and
private entities.
``(2) Use of measures.--The measures adopted by the
Secretaries under this section may apply in one or more disease
areas and across delivery settings, in order to improve the
quality of care provided or delivered by private entities.
``(d) Comparative Quality Reports.--Beginning on January 1, 2008,
in order to make comparative quality information available to
healthcare consumers, health professionals, public health officials,
researchers, and other appropriate individuals and entities, the
Secretaries and other relevant agencies shall provide for the
aggregation, analysis, and dissemination of quality measures collected
under this section. Nothing in this section shall be construed as
modifying the privacy standards under the Health Insurance Portability
and Accountability Act of 1996 (Public Law 104-191).
``(e) Evaluations.--
``(1) Ongoing evaluations of use.--The Secretary shall
ensure the ongoing evaluation of the use of the healthcare
quality measures adopted under this section.
``(2) Evaluation and Report.--
``(A) Evaluation.--The Secretary shall, directly or
indirectly through a contract with another entity,
conduct an evaluation of the collaborative efforts of
the Secretaries to adopt uniform healthcare quality
measures and reporting requirements for federally
supported healthcare delivery programs as required
under this section.
``(B) Report.--Not later than 2 years after the
date of enactment of this title, the Secretary shall
submit a report to the appropriate committees of
Congress concerning the results of the evaluation under
subparagraph (A).''.
SEC. 302. VALUE BASED PURCHASING PROGRAMS; SENSE OF THE SENATE.
(a) Medicare Value Based Purchasing Pilot Program.--
(1) In general.--The Secretary shall establish under title
XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) a
value based purchasing pilot program based on the reporting of
quality measures pursuant to those adopted in section 2910 of
the Public Health Service Act (as added by section 301) and the
overall improvement of healthcare quality through the use of
the electronic exchange of health information by entities
(including Federally qualified health centers, as defined in
section 1861(aa)(4) of the Social Security Act (42 U.S.C.
1395x(aa)(4))) pursuant to the standards adopted under section
2903 of the Public Health Service Act (as added by section
101). Such pilot program should be based on experience gained
through previous demonstration projects conducted by the
Secretary, including demonstration projects conducted under
sections 1866A and 1866C of the Social Security Act (42 U.S.C.
1395cc-1; 1395cc-3), section 649 of the Medicare Prescription
Drug, Improvement, and Modernization Act of 2003 (Public Law
108-173; 117 Stat. 2322), and other relevant work conducted by
private entities.
(2) Expansion.--After conducting the pilot program under
paragraph (1) for not less than 2 years, the Secretary may
transition and implement such program on a national basis.
(3) Funding.--
(A) In general.--Payments for the costs of carrying
out the provisions of this subsection shall be made
from the Federal Hospital Insurance Trust Fund under
section 1817 of the Social Security Act (42 U.S.C.
1395i) and the Federal Supplementary Insurance Trust
Fund under section 1841 of such Act (42 U.S.C. 1395t)
(in this subsection referred to as the ``Trust
Funds''), as determined appropriate by the Secretary.
(B) Limitation to ensure budget neutrality.--The
Secretary shall ensure that the total amount of
expenditures from the Trust Funds in a year does not
exceed the total amount of expenditures from the Trust
Funds that would have been made in such year if this
subsection had not been enacted.
(C) Monitoring and reports.--
(i) Ongoing monitoring by the secretary to
ensure funding limitation is not violated.--The
Secretary shall continually monitor
expenditures made from the Trust Funds by
reason of the provisions of this subsection to
ensure that the limitation described in
subparagraph (B) is not violated.
(ii) Reports.--Not later than April 1 of
each year (beginning in the year following the
year in which the pilot program under paragraph
(1) is implemented), the Secretary shall submit
a report to Congress and the Comptroller
General of the United States that includes--
(I) a detailed description of--
(aa) the total amount
expended from the Trust Funds
(including all amounts expended
as a result of the provisions
of this subsection) during the
previous year compared to the
total amount that would have
been expended from the Trust
Funds during such year if this
subsection had not been
enacted;
(bb) the projections of the
total amount that will be
expended from the Trust Funds
(including all amounts that
will be expended as a result of
the provisions of this
subsection) during the year in
which the report is submitted
compared to the total amount
that would have been expended
from the Trust Funds during the
year if this subsection had not
been enacted; and
(cc) specify the steps (if
any) that the Secretary will
take pursuant to subparagraph
(D) to ensure that the
limitation described in
subparagraph (B) will not be
violated; and
(II) a certification from the Chief
Actuary of the Centers for Medicare &
Medicaid Services that the descriptions
under items (aa), (bb), and (cc) of
subclause (I) are reasonable, accurate,
and based on generally accepted
actuarial principles and methodologies,
including that the steps described in
subclause (I)(cc) will be adequate to
avoid violating the limitation
described in subparagraph (B).
(D) Application of Limitation.--If the Secretary
determines that the provisions of this subsection will
result in the limitation described in subparagraph (B)
being violated in any year, the Secretary shall take
appropriate steps to reduce spending that is occurring
by reason of such provisions, including through
reducing the scope, site, and duration of the pilot
project.
(E) Authority.--The Secretary shall make necessary
spending adjustments under the medicare program to
recoup amounts so that the limitation described in
subparagraph (B) is not violated in any year.
(b) Sense of the Senate Regarding Physician Payments Under
Medicare.--It is the sense of the Senate that modifications to the
medicare fee schedule for physicians' services under section 1848 of
the Social Security Act (42 U.S.C. 1394w-4) should include provisions
based on the reporting of quality measures pursuant to those adopted in
section 2910 of the Public Health Service Act (as added by section 301)
and the overall improvement of healthcare quality through the use of
the electronic exchange of health information pursuant to the standards
adopted under section 2903 of such Act (as added by section 101).
(c) Medicaid Value Based Purchasing Programs.--
(1) In general.--The Secretary shall authorize waivers
under section 1115 of the Social Security Act (42 U.S.C. 1315)
for States to establish value based purchasing programs for
State medicaid programs established under title XIX of such Act
(42 U.S.C. 1396 et seq.). Such programs shall be based on the
reporting of quality measures pursuant to those adopted in
section 2910 of the Public Health Service Act (as added by
section 301) and the overall improvement of healthcare quality
through the use of the electronic exchange of health
information pursuant to the standards adopted under section
2903 of the Public Health Service Act (as added by section
101).
(2) Waiver.--In authorizing such waivers, the Secretary
shall waive any provisions of title XI or XIX of the Social
Security Act that would otherwise prevent a State from
establishing a value based purchasing program in accordance
with paragraph (1).
(d) Quality Information Sharing.--
(1) Review of medicare claims data.--
(A) Procedures.--In order to improve the quality
and efficiency of items and services furnished to
medicare beneficiaires under title XVIII of the Social
Security Act, the Secretary shall establish procedures
to review claims data submitted under such title with
respect to items and services furnished or ordered by
physicians.
(B) Use of most recent medicare claims data.--In
conducting the review under subparagraph (A), the
Secretary shall use the most recent claims data that is
available to the Secretary.
(2) Sharing of data.--Beginning in 2006, the Secretary
shall periodically provide physicians with comparative
information on the utilization of items and services under such
title XVIII based upon the review of claims data under
paragraph (1).
SEC. 303. QUALITY IMPROVEMENT ORGANIZATION ASSISTANCE.
(a) In General.--Section 1154(a) of the Social Security Act (42
U.S.C. 1320c-3(a)) is amended by adding at the end the following:
``(18) The organization shall assist, at such time and in
such manner as the Secretary may require, healthcare providers
(as defined in section 2901 of the Public Health Service Act)
in implementing the electronic exchange of health information
(as defined in such section 2901).''.
(b) Effective Date.--The amendment made by this section shall apply
to contracts entered into on or after the date of enactment of this
Act.
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