Floor Statements

Mr. President, today I am introducing the Supply Star Act of 2010 to drive widespread improvements in supply chain energy efficiency.

Companies today are facing pressure on many fronts--from customers, stockholders, business partners, and regulators--to improve their energy performance in hopes of maximizing profit, minimizing environmental impact, and shielding themselves against the price volatility of fuels. Nearly 90 percent of a company's energy use can come from its supply chains, making supply chain energy efficiency-- encompassing raw materials, manufacturing, packaging, transport, use, and disposal of goods--of significant importance in the transition to a more energy efficient marketplace.

For these reasons, many: corporations are examining supply chain efficiency, not only in hopes of being better corporate citizens, but because it makes good business sense. Decreasing energy use in the supply chain can lead to significant cost reductions and increase competitiveness. However, these efforts face hurdles--especially in small companies--that limit their widespread implementation. Earlier this year, I attended the MIT Energy Conference in Boston, where these hurdles were discussed in some detail by an expert panel. The hurdles include a lack of information and analysis tools for important parts of far-flung supply chains, which often lie far upstream or downstream, and therefore out of sight, of a particular firm, as well as a lack of leverage with which to rive global suppliers toward more efficient practices. Overcoming these challenges requires significant resources and access to global information that is often not available to any one single firm. I was persuaded that efforts to address these challenges would have significant benefit to the country.

The Supply Star Act of 2010 would establish a Supply Star Program within the Department of Energy that builds on the Energy Star Program, as well as existing best practices in industry and the U.S. and international research communities to give companies access to the resources and information they need to successfully drive supply chain efficiency improvements.

The Supply Star Program would provide all companies, particularly small and medium sized businesses, with financing, technical support, training, and sector-wide networks to help significantly improve their supply chain efficiency. The program would also provide public recognition to those businesses that achieve the highest supply chain efficiency standards, rewarding them with a tangible and credible tool to use in external communications about all of their good work and giving consumers and businesses an easy way of seeking out good actors as they make purchasing decisions.

I hope my colleagues will join me in supporting this bill and work to improve the energy efficiency of our economy.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I would like to announce for the information of the Senate and the public that a field hearing has been scheduled before the Subcommittee on Public Lands and Forests. The hearing will be held on Friday, June 4, 2010, at 1 p.m. in the Barnes Room of the Deschutes Public Services Center Building, 1300 NW Wall Street, Bend, Oregon.

The purpose of the hearing is to receive testimony on S. 2895, to restore forest landscapes, protect old growth forests, and manage national forests in the eastside forests of the State of Oregon, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected].

For further information, please contact Scott Miller at (202) 224- 5488 or Allison Seyferth at (202) 224-4905.

committee on indian affairs

Mr. President, I would like to announce for the information of the Senate and the public that a field hearing has been scheduled before the Subcommittee on Public Lands and Forests. The hearing will be held on Friday, June 4, 2010, at 1 p.m. in the Barnes Room of the Deschutes Public Services Center Building, 1300 NW Wall Street, Bend, Oregon.

The purpose of the hearing is to receive testimony on S. 2895, to restore forest landscapes, protect old growth forests, and manage national forests in the eastside forests of the State of Oregon, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected].

For further information, please contact Scott Miller at (202) 224- 5488 or Allison Seyferth at (202) 224-4905.

committee on indian affairs

Madam President, I call up amendment No. 3892, as modified, for consideration.

Madam President, I ask unanimous consent that reading of the amendment be dispensed with.

Madam President, the amendment that is before the Senate, No. 3892, as modified, is one I talked about at length a week ago last Friday, so it has now been about 11 days ago. I will summarize it again and make some comments about some of the things that have happened since then.

First, let me ask unanimous consent to add Senators Shaheen, Murray, and Inouye as cosponsors.

Madam President, with the addition of those three Senators, the other cosponsors on the amendment are Senators Murkowski, Reid from Nevada, Brownback, Cantwell, Wyden, Cornyn, and Corker.

The amendment preserves the existing authority of the Federal Energy Regulatory Commission and the authority of the States to be sure that electricity and natural gas rates are just and reasonable, while at the same time leaving the Commodity Futures Trading Commission its full authority to police derivatives and futures markets.

First, I applaud the good work Senator Dodd and Senator Shelby have done on this bill. I particularly applaud the provisions that have come from Senators Lincoln and Chambliss and the Agriculture Committee in setting up a system to get control of derivatives markets.

I am, however, concerned that without this amendment, the law could be interpreted to allow the Commodity Futures Trading Commission to override the jurisdiction the Congress has given to the FERC and that the new provisions included here could make this problem worse.

There is probably not a sector of the economy that is more tightly regulated than the electricity industry. The natural gas industry is not far behind for a claim to that title. FERC regulates wholesale rates and transportation in

interstate commerce for both electricity and gas and must approve mergers of utilities. FERC also has authority to police the manipulation of electricity and gas markets, granted by the Congress in 2005 as a response to Enron's manipulation of electricity markets in the West. The States have that same authority for retail sales both with regard to electricity and natural gas. There are tight rules for transactions among affiliates of holding companies in these industries. There are extensive transparency and reporting requirements for contracts and transactions. This is all intended to be sure that the customers of utilities are getting what they are paying for and that they are paying rates that, in fact, are just and reasonable.

The concern has been that the exclusive jurisdiction of the CFTC under the Commodities Exchange Act could be interpreted to supersede the regulation by FERC of important aspects of these industries.

The amendment I am offering with my cosponsors is a proposed solution that I believe is consistent with the philosophy of consumer protection that underlies other parts of the bill we are considering. The effect is simple. This amendment preserves the authority of both the Federal Energy Regulatory Commission and the individual States to ensure that electricity and natural gas rates are just and reasonable, and in the case of FERC, to prevent market manipulation that could affect prices.

Direct examination of prices is central to each agency's mission. In FERC's case, this authority is longstanding; it was established over 70 years ago. Without this amendment, a critical check on energy prices could be lost, and this is so for two obvious reasons: First, the CFTC's so-called ``exclusive jurisdiction'' could be interpreted to operate to prevent FERC and State public utility commissions from acting, where their jurisdictions intersect the CFTC's jurisdiction. Second, the CFTC's regulatory mission differs significantly from that of the FERC and the State public utility commissions. The Commodity Futures Trading Commission's mission is to protect market participants and promote fair and orderly trading. It doesn't directly examine commodity prices in its markets, nor does it consider the reasonableness of rates. While properly functioning futures markets are important, the CFTC cannot duplicate the direct ratepayer protections provided by the FERC and by the State public utility commissions.

There are some things this amendment does not do that it has been charged with doing. First, it doesn't give FERC jurisdiction over futures, swaps, or options. FERC has jurisdiction over rates for the sale of electricity and gas and contracts that are associated with those sales. Derivatives that are related are still jurisdictional to the Commodity Futures Trading Commission. Nothing changes in that regard. We are merely preserving that authority that the Federal Power Act and the Natural Gas Act gave to FERC decades ago and in the Energy Policy Act of 2005. Second, the amendment doesn't give FERC jurisdiction over NYMEX or ICE or any other futures exchanges. They are not public utilities. They do not sell electricity or natural gas.

As I have said, I support this bill generally. I believe it is essential in ensuring that consumers are protected. However, both I and my cosponsors strongly believe it is necessary to preserve enduring consumer protections that might otherwise be lost.

It is a simple, tailored amendment that doesn't create any loopholes in jurisdiction. It also does nothing to diminish the ability of the CFTC to regulate commodity exchanges such as NYMEX or to require public disclosure of swaps or any other public authority they have to regulate the mechanics of commodity markets, including those who trade energy commodities.

We have received letters of support for this amendment from the National Association of Regulatory Utility Commissioners, the FERC, utility industry companies and associations, including Edison Electric Institute, the American Public Power Association, the American Public Gas Association, the Electric Power Supply Association, the American Wind Energy Association, the California Independent System Operator, the American Gas Association, the Large Public Power Council, the Natural Gas Supply Association, Compete, and PJM Interconnection.

I ask unanimous consent to have printed in the Record the letters of support I have referred to following my statement.

Mr. President, I have also been informed that the administration supports this amendment. I advise my colleagues that is the case as well.

Once again, I thank my cosponsors and urge my colleagues to support the amendment. I gather that a time will be found during our deliberations of the bill to consider the amendment.

With that, I yield the floor.

May 11, 2010.

Hon. Harry Reid,

Majority Leader, U.S. Senate,

Washington, DC.

Hon. Jeff Bingaman,

Chairman, Committee on Energy and Natural Resources, U.S.

Senate, Washington, DC.

Hon. Lisa Murkowski,

Ranking Member, Committee on Energy and Natural Resources,

U.S. Senate, Washington, DC.

Dear Leader Reid, Chairman Bingaman and Ranking Member

Murkowski: We are writing in support of your amendment to S.

3217, the Restoring American Financial Stability Act, which

would preserve the authority of the Federal Energy Regulatory

Commission (FERC) and the states to ensure just and

reasonable rates for electricity and natural gas consumers.

The undersigned associations represent most of the

electricity and natural gas consumers in the United States.

FERC and the states already regulate transactions,

products, services and agreements in wholesale and retail

electricity and natural gas markets, respectively. In

addition, FERC regulates regional transmission organizations

(RTOs) and independent system operators (ISOs), which are

responsible for the planning and operation of the

transmission grid in many areas of the country. There is no

regulatory gap that needs to be filled with respect to the

transactions, agreements, contracts, products and services

that regulated energy companies provide.

The underlying derivatives language in the Senate financial

reform bill could cause the Commodity Futures Trading

Commission to assert jurisdiction to regulate products

offered in wholesale electricity markets, such as financial

transmission rights (FTRs), which are used to manage the cost

of transmission congestion. This could affect the ability of

our member companies and utilities to have continued access

to FTRs and other products on reasonable terms and

conditions, which is essential to their ability to reliably

serve their retail consumers at reasonable rates and with

less price volatility.

We thank you and the other co-sponsors of this amendment

for recognizing and addressing this issue. While a more clear

delineation of FERC's authority would be helpful, we believe

this amendment is a significant step in the right direction,

and we look forward to passage of the amendment and

continuing dialogue on this issue as financial regulatory

reform legislation moves forward in Congress.

Sincerely,

American Gas Association; American Public Power

Association; American Wind Energy Association;

California ISO; COMPETE; Edison Electric Institute;

Electric Power Supply Association; Large Public Power

Council; Natural Gas Supply Association; PJM

Interconnection, L.L.C.

Madam President, I suggest the absence of a quorum.

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. President, I have an amendment No. 3892, as modified, and I ask unanimous consent to further modify it.

Mr. President, the further modification clarifies that each agency--that is, the FERC and the CFTC--will retain its legitimate authority, whether to review derivatives or to review rates and charges and prevent manipulation, without one agency knocking the other agency out of the box of its respective mission. It is a good improvement.

I believe this amendment is now without substantial objection. I ask that we proceed to a voice vote on the amendment.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Tuesday, May 25, 2010, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of the hearing is to receive testimony on the liability and financial responsibility issues related to offshore oil production, including the Deepwater Horizon accident in the Gulf of Mexico, including S. 3346, a bill to increase the limits on liability under the Outer Continental Shelf Lands Act.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to [email protected] .gov.

For further information, please contact Linda Lance or Abigail Campbell.

Mr. President, I would like to announce for the information of the Senate and the public that the hearing scheduled before the Senate Committee on Energy and Natural Resources on Tuesday, May 18, 2010, will now be held in room SR-325 of the Russell Senate Office Building at 11 a.m.

The purpose is to receive testimony from the Administration on issues related to offshore oil and gas exploration including the accident involving the Deepwater Horizon in the Gulf of Mexico.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected] .gov.

For further information, please contact Linda Lance or Abigail Campbell.

Committee on Energy and Natural Resources

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Subcommittee on National Parks. The hearing will be held on Wednesday, May 19, 2010, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on the following bills:

S. 349, to establish the Susquehanna Gateway National Heritage Area in the State of Pennsylvania, and for other purposes;

S. 1596, to authorize the Secretary of the Interior to acquire the Gold Hill Ranch in Coloma, California;

S. 1651, to modify a land grant patent issued by the Secretary of the Interior;

S. 1750, to authorize the Secretary of the Interior to conduct a special resource study of the General of the Army George Catlett Marshall National Historic Site at Dodona Manor in Leesburg, Virginia, and for other purposes;

S. 1801, to establish the First State National Historical Park in the State of Delaware, and for other purposes;

S. 1802 and H.R. 685, to require a study of the feasibility of establishing the United States Civil Rights Trail System, and for other purposes;

S. 2953 and H.R. 3388, to modify the boundary of Petersburg National Battlefield in the Commonwealth of Virginia, and for other purposes;

S. 2976, to designate as wilderness certain land and inland water within the Sleeping Bear Dunes National Lakeshore in the State of Michigan, and for other purposes;

S. 3159 and H.R. 4395, to amend Public Law 101-377 to revise the boundaries of the Gettysburg National Military Park to include the Gettysburg Train Station, and for other purposes;

S. 3168, to authorize the Secretary of the Interior to acquire certain non-Federal land in the State of Pennsylvania for inclusion in the Fort Necessity National Battlefield; and

S. 3303, to establish the Chimney Rock National Monument in the State of Colorado.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected].

For further information, please contact David Brooks or Allison Seyferth.

Mr. President, I understand that today is set aside just for debate on amendments and on the bill. I certainly understand that, and I, accordingly, will not call up my amendment today.

I do want to talk about an amendment I have filed--amendment No. 3892--so that I can put my colleagues on notice about this amendment and the importance of it. This amendment has a straightforward goal. It is to protect the existing legal structures that ensure that electricity and natural gas rates consumers pay will continue to be just and reasonable and free from manipulation.

I am joined in the amendment by a strong bipartisan group of cosponsors, Senators who, like me, have worked hard over the years to strengthen consumer protections in this area of electricity and natural gas, who have worked cooperatively with me and others on the Energy Policy Act of 2005 to close the so-called Enron loophole.

I want to particularly express my appreciation to Senator Murkowski, who is ranking member on the Energy Committee that I am privileged to chair; Senator Reid of Nevada, who is cosponsoring the amendment, and Senators Brownback, Cantwell, Cornyn, Wyden, and Corker. All of these Senators have cosponsored the amendment we filed last night. I am grateful for their support and the hard work of their staffs in developing the amendment.

The bill currently before the Senate has several important objectives. It improves accountability in the financial system. It provides much needed protections for American consumers of financial services. It also expands the scope of the Commodity Futures Trading Commission's authority with respect to regulating commodity markets. I support all of these objectives. I am very glad to see them included in this bill.

However, I believe a small but vital addition to the bill is needed to ensure that America's consumers of energy products are adequately protected, and that is the issue the amendment I am discussing addresses.

We need to be sure that both under existing law and under the expanded authority being given to the Commodity Futures Trading Commission in this bill, there is no compromise of the role the Federal Energy Regulatory Commission is expected to perform and the role our State public utility commissions are expected to perform to regulate rates and terms with respect to electricity and natural gas markets.

Without this amendment, the bill before us could inadvertently prevent those agencies from exercising their authority and their responsibility to ensure just and reasonable rates for electricity and natural gas consumers. Without this amendment, the Federal Energy Regulatory Commission's ability to exercise antimanipulation authority could be called into question. These are enforcement tools to protect consumers. Congress granted them to the FERC in 2005 as a direct response to Enron's manipulation of markets in California and the West.

The amendment offers a solution that I believe is consistent with the philosophy of consumer protection that underlies other parts of the bill before us. The effect is simple: The amendment preserves the authority of both FERC and the States to ensure that electricity and natural gas rates are just and reasonable. Direct examination of prices is central to each of those agency's mission. In FERC's case, this authority is longstanding; it was established over 70 years ago.

Without this amendment, a critical check on energy prices may be lost. That is true for two connected reasons:

First, the CFTC's so-called ``exclusive jurisdiction,'' which is in the Commodity Exchange Act, could be interpreted to operate to prevent FERC and State public utility commissions from acting where their jurisdictions intersect the Commodity Futures Trading Commission's jurisdiction.

Second, the CFTC's regulatory mission differs significantly from that of the FERC and from that of the State public utility commissions. The CFTC's mission is to protect market participants and to promote fair and orderly trading on those markets. It doesn't directly examine commodity prices in these markets. It does not consider the reasonableness of rates charged to consumers.

While properly functioning futures markets are important, the Commodity Futures Trading Commission cannot and does not have the authority or responsibility to provide protections that are provided by the Federal Energy Regulatory Commission and the State public utility commissions under their respective authority.

As I have said, I support the bill generally. I believe it is essential to ensuring that consumers are protected. However, both I and my cosponsors on the amendment strongly believe it is necessary to preserve existing consumer protections that may otherwise be lost.

It is a simple, straightforward, tailored amendment that does not create loopholes in jurisdiction. It does nothing to diminish the ability of the CFTC to regulate commodity exchanges such as NYMEX or to require public disclosure of swaps or any other authority they have to regulate the mechanics of commodity markets, including those that trade energy commodities.

Once again, I thank my cosponsors for working to develop this amendment. I urge my colleagues to support the amendment. At the appropriate time, I will seek to call the amendment up and have it voted on by the Senate.

Seeing no other Senator seeking recognition, I suggest the absence of a quorum.

Mr. President, today I congratulate a group of middle school students from Albuquerque Academy in Albuquerque, NM, for winning the top prize at this year's National Science Bowl. This is an outstanding and well-deserved achievement after all their hard work throughout this competition, both in Albuquerque and here in Washington, DC.

Every year since 1991 the U.S. Department of Energy has sponsored the National Science Bowl to encourage high school students to excel in mathematics and science. In 2002 a contest was introduced for middle school students, which now involves more than 5,000 students nationwide. This year there was an academic question and answer competition as well as a model hydrogen fuel cell car challenge. By encouraging math and science education, competitions like these are helping to create a technically trained and diverse workforce for this generation and the next.

Teammates Andy Chen, Jason Frank Hou, Ben Zolyomi, Eric Li, Raya Koreh, and their coach Barbara Gilbert came to Washington, DC, to compete against 37 middle school regional Science Bowl champions in the National Finals. On Monday, May 3, they answered many challenging questions pertaining to biology, geology, and other areas of science. They even answered a few bonus questions from First Lady Michelle Obama, who later awarded them their trophy, along with Secretary of Energy Stephen Chu. I realize how much studying it takes to prepare for a competition as rigorous as this, and I commend them on their hard- earned reward. It has certainly paid off. Their success should be applauded as this truly is a remarkable feat.

When they return home to New Mexico, I hope their fellow students and teachers are as encouraged as I am by their accomplishment. It is vitally important that talent like this doesn't go unnoticed as these young students will likely be among those helping to find solutions to some of the future's most challenging problems. I believe this team's success demonstrates how the United States, and New Mexico in particular, has potential to produce some of tomorrow's scientific leaders and innovators. That is why I hope these students will continue to pursue their intellectual interests and one day join a critical sector within our workforce.

I have always believed that investing in science and technology in our schools is essential in ensuring that the United States maintains a competitive edge to provide for our nation's economic strength and security. Our students' success depends on the quality of their educational opportunities today, and the talent demonstrated by these students makes me very optimistic about the future.

Again, I commend them on this outstanding achievement and wish them the best of luck in the future.

Mr. President, I would like to announce for the information of the State and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Thursday, May 20, 2010, at 9:30 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of this hearing is to receive testimony on S. 2921, to provide for the conservation, enhanced recreation opportunities, and development of renewable energy in the California Desert Conservation Area, to require the Secretary of the Interior to designate certain offices to serve as Renewable Energy Coordination Offices for coordination of Federal permits for renewable energy projects and transmission lines to integrate renewable energy development, and for other purposes.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, 304 Dirksen Senate Office Building, Washington, DC 20510-6150, or by email to [email protected].

For further information, please contact David Brooks at (202) 224- 9863 or Allison Seyferth at (202) 224-4905.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Tuesday, May 18, 2010, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC.

The purpose is to receive testimony from the Administration on issues related to offshore oil and gas exploration including the accident involving the Deepwater Horizon in the Gulf of Mexico.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected]. gov.

For further information, please contact Linda Lance at (202) 224-7556 or Abigail Campbell at (202) 224-1219.

Mr. President, I would like to announce for the information of the Senate and the public that the hearing scheduled before the Senate Committee on Energy and Natural Resources previously announced for May 6, 2010, at 9:30 a.m., has been rescheduled and will now be held on Tuesday, May 11, 2010, at 10 a.m., in room SR-325 of the Russell Senate Office Building.

The purpose of the hearing is to review issues related to deepwater offshore exploration for petroleum and the accident in the Gulf of Mexico involving the offshore oil rig Deepwater Horizon.

For further information, please contact Linda Lance at (202) 224-7556 or Allyson Anderson at (202) 224-7143 or Abigail Campbell at (202) 224- 1219.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Wednesday, May 19, 2010, at 9:30 a.m., in room SD-366 of the Dirksen Senate Office Building.

The purpose of the hearing is to receive testimony on the proposed Constitution of the U.S. Virgin Islands; S. 2941, the Republic of the Marshall Islands Supplemental Nuclear Compensation Act of 2010; H.R. 3940, an act to amend Public Law 96-597 to clarify the authority of the Secretary of the Interior to extend grants and other assistance to facilitate political status public education programs for the peoples of the non-self-governing territories of the United States; and H.R. 2499, the Puerto Rico Democracy Act of 2010.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record may do so by sending it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by e-mail to Rosemarie_Calabro @energy.senate.gov.

For further information, please contact Allen Stayman or Rosemarie Calabro.

Mr. President, I would like to announce for the information of the Senate and the Public that a business meeting has been scheduled before the Committee on Energy and Natural Resources on Thursday, May 6, 2010, at 9:30 a.m., immediately preceding the Full Committee Hearing.

The purpose of this business meeting is to consider cleared legislative agenda items, and the nominations of Philip D. Moeller and Cheryl A. LaFleur, to be Members of the Federal Energy Regulatory Commission.

For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. President, I would like to announce for the information of the Senate and the public that a business meeting has been scheduled before Committee on Energy and Natural Resources. The business meeting will be held on Thursday, April 29, 2010, to convene off the Senate floor immediately following the first vote.

The purpose of the business meeting is to consider the nomination of Jeffrey Lane to be an Assistant Secretary of Energy (Congressional and Intergovernmental Affairs).

For further information, please contact Amanda Kelly.

Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Senate Committee on Energy and Natural Resources. The hearing will be held on Thursday, May 6, 2010, at 9:30 a.m., in room SD-366 of the Dirksen Senate Office Building in Washington, DC.

The purpose of the hearing is to review current issues related to offshore oil and gas development including the Department of the Interior's recent 5-year planning announcements and the accident in the Gulf of Mexico involving the offshore oil rig Deepwater Horizon.

Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington, DC 20510-6150, or by email to [email protected]

For further information, please contact Linda Lance or Abigail Campbell.

I thank the Chair.

(The remarks of Mr. Bingaman pertaining to the introduction of S. 3248 are printed in today's Record under ``Statements on Introduced Bills and Joint Resolutions.'')

Earth Day

Mr. President, I wish to speak for a moment about

Earth Day. This is the 40th anniversary of Earth Day--the 40th Earth Day, in fact, the 22nd of April. I am speaking now because of my great admiration for the work of Senator Gaylord Nelson in establishing this Earth Day. I was reminded of it in two respects in the last week. One was getting to visit with his widow, Carrie Lee Nelson, who is a great personage herself, who made a great contribution to his career in public service and continues today to advocate for the same issues he advocated for, particularly as they relate to the environment.

Also earlier this year, Don Ritchie, our Senate Historian who speaks to us on Tuesdays at the Democratic lunch each week when we get together, gave what I thought was a fitting tribute to Gaylord Nelson that I wanted to share with people. I asked permission to do that. Don Ritchie agreed that was something that was acceptable. I would like to read through this and take 2 or 3 minutes.

As the Senate Historian, he recounted the facts as follows:

This past weekend, the Mini Page, a syndicated children's

supplement that appears in 500 newspapers across the country,

paid special tribute to a former U.S. Senator, Gaylord

Nelson, for launching the first Earth Day on April 22, 1970.

Five years after his death, Senator Nelson remains an icon of

the environmental movement.

Senator Nelson used to say he came to environmentalism by

osmosis, having grown up in Clear Lake, WI. He promoted

conservation as Governor of Wisconsin and, after he was

elected to the Senate in 1962, he used his maiden speech to

call for a comprehensive nationwide program to save the

natural resources of America. He went on to compile an

impressive list of legislative accomplishments, which

included preserving the Appalachian Trail, banning DDT, and

promoting clean air and clean water. But it was Earth Day

that gave him international prominence and served as his

lasting legacy.

Senator Nelson worried that the United States lacked a

unity of purpose to respond to the increasing threats against

the environment. The problem, in his words, was how to get a

nation to wake up and pay attention to the most important

challenge the human species faces on the planet. Then a

number of incidents converged to help him frame a solution.

In 1969, a major oilspill off the coast of Santa Barbara

covered miles of beaches with tar. Senator Nelson toured the

area in August and was outraged by the damage the oilspill

had caused, but was also impressed with the many people who

rallied to clean up the mess. Flying back from California,

the Senator read a magazine article about the anti-Vietnam

War teach-ins that were taking place on college campuses.

This inspired him to apply the same model to the environment.

In September 1969, the Senator charged his staff with

figuring out how to sponsor environmental teach-ins on

college campuses nationwide, to be held on the same day the

following spring. Rather than organize this effort from the

top down, they believed that Earth Day would work better as a

grassroots movement. They raised funds to set up an office

staffed by college students, with a law student, Denis Hayes,

serving as the national coordinate. They identified the week

of April 19 to 25 as the ideal time for college schedules and

the possibility of good spring weather. Calculating that more

students were on campus on Wednesday made Wednesday, April

22, the first Earth Day. Critics of the movement pointed out

that April 22 happened to be Vladimir Lenin's birthday, but

Senator Nelson rebutted that it was also the birthday of the

first environmentalist, Saint Francis of Assisi.

An astonishing success, the first Earth Day in 1970 was

celebrated by some 20 million Americans on 2,000 college

campuses, at 10,000 primary and secondary schools, and in

hundreds of communities. Forty years later, its commemoration

this week is expected to attract 500 million people in 175

countries.

I will at some later point talk about the environmental legacy of one of our own Senators from New Mexico, Senator Clinton Anderson, who was one of the prime sponsors and promoters of the Wilderness Act and worked with Gaylord Nelson on many of these same environmental issues and, of course, with President Kennedy, Stewart Udall, and with President Johnson.

There are many people who deserve great credit for the legacy in this country and the focus on environmental issues, and Earth Day is an appropriate time to acknowledge their contributions.

Mr. President, I yield the floor.