The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the U.S. Dept. of Energy was published in the Senate section on pages S2993-S2998 on May 16, 2011.
The publication is reproduced in full below:
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. INHOFE (for himself, Mr. Cochran, Mr. Vitter, Mr. Boozman,
Mr. Risch, and Mr. Crapo):
S. 999. A bill to amend the Safe Drinking Water Act to prevent the enforcement of certain national primary drinking water regulations unless sufficient funding is available; to the Committee on Environment and Public Works.
Mr. INHOFE. Mr. President, I rise today to introduce the Small System Drinking Water Act of 2011. This is the fourth Congress that I have introduced this bill which would help water systems throughout the country comply with the ever growing number of federal drinking water standards. I am pleased to be joined by Senators Thad Cochran, David Vitter, John Boozman, James Risch, and Mike Crapo as cosponsors of this legislation. My bill will require the Federal Government to live up to its obligations and require the EPA to use the tools it was given in the 1996 Safe Drinking Water Act amendments, SDWA.
My goal here is to ensure that small towns across the country have safe, affordable drinking water and that the laws are fair to small and rural communities. Currently EPA assumes that families can afford water rates of 2.5 percent of their annual median household income, or $1,000 per household. For some families, paying $83 a month for water may not be a hardship but for so many more, it is nearly impossible. There must be some flexibility inserted into the calculation that factors in the ability of the truly disadvantaged to pay these costs. Forcing systems to raise rates beyond what their ratepayers can afford only causes more damage than good.
EPA needs to look more closely at how it determines affordability. My bill directs EPA to take additional factors into consideration when making this determination. These include ensuring that the affordability criteria are not more costly on a per-capita basis to a small water system than to a large water system.
In EPA's most recent drinking water needs survey, Oklahoma identified a total of over $4.1 billion in drinking water needs over the next 20 years. $2.4 billion of that need is for community water systems that serve fewer than 10,000 people. The $4.1 billion does not include the total costs imposed on Oklahoma communities to meet federal clean water requirements, the new Groundwater rule, the DBP II rule or the Long Term 2 Enhanced Surface Water Treatment Rule. Oklahoma continues to have municipalities struggling with the 2002 arsenic rule. Many of our small systems are having difficulty with the Disinfection Byproducts, DBP, Stage I rule, and small systems who purchase water from other systems and did not have to test, treat or monitor their water must now comply with DBP II. EPA estimates that over the next 20 years, the entire country will need $52.0 billion to come into compliance with existing, proposed or recently promulgated regulations.
My bill proposes a few simple steps to help systems comply with all these rules. First, it reauthorizes the technical assistance program in the Safe Drinking Water Act. The DBP rules are very complex and involve a lot of monitoring and testing. If we are going to impose complicated requirements on systems, we need to provide them with help to implement those requirements.
The bill creates a pilot program to demonstrate new technologies and approaches for systems of all sizes to comply with these complicated rules. It requires the EPA to convene a working group to examine the science behind the rules in order to compare new developments since each rule's publication.
Section 1412(b)(4)(E) of the SDWA Amendments of 1996 authorizes the use of point of entry treatment, point of use treatment and package plants to economically meet the requirements of the act. However, to date, these approaches are not widely used by small water systems. My legislation directs the EPA to convene a working group to identify barriers to the use of these approaches. The EPA will then use the recommendations of the working group to draft a model guidance document that states can use to create their own programs.
Most importantly this bill requires the Federal Government to pay for these unfunded mandates created by laws and regulations. In 1995, Congress passed the Unfunded Mandates Reform Act to ensure that the Federal Government pays the costs incurred by state and local governments in complying with Federal laws. My bill is designed to ensure that EPA cannot take an enforcement action against a system serving less than 10,000 people, without first ensuring that it has sufficient funds to meet the requirements of the regulation.
Since the 108th Congress, I have co-authored and cosponsored legislation to provide additional resources to communities through the State Revolving Loan Funds. Unfortunately, not much has changed. We still have too many regulations and not enough money to pay for them. Funding legislation is important but until that money becomes available, it is unreasonable to penalize and fine local communities because they cannot afford to pay for regulations we imposed on them. I thank my colleagues and look forward to their support of this commonsense proposal.
______
By Mr. WYDEN (for himself and Ms. Stabenow):
S. 1001. A bill to reduce oil consumption and improve energy security, and for other purposes; to the Committee on Energy and Natural Resources.
Mr. WYDEN. Mr. President, today Sen. Stabenow and I are introducing legislation designed to reduce our dependence on imported oil by replacing it with cleaner, domestic sources of energy to power our cars, trucks, buses, tractors, and ships. The only way to reduce our Nation's dependence on foreign oil is to reduce our dependence on oil. When it comes to reducing our use of oil, transportation is where the vast bulk of America's oil use is. Over 70 percent of all of the oil used in the U.S. is used for transportation. Unless we do something about the amount of oil used by our transportation sector, we have no chance of making a significant dent in our dependence on oil. The goal of this bill is to replace a significant portion of that oil with home-
grown alternative fuels--electricity, natural gas, propane, biofuels, and hydrogen. We believe this will create jobs and economic growth here in the U.S. and reduce the relentless flow of dollars overseas to buy oil.
Many of our colleagues share our concern and have been strong advocates for individual vehicle technologies. Indeed, both Sen. Stabenow and I voted last year in the Senate Energy Committee to support legislation by Sen. Dorgan, Sen. Merkley and Sen. Alexander to promote electric vehicles. With electric vehicles, fuel can come from many sources, and very little of it from oil. With plug-in electric technology now hitting the streets, you can literally use power from a wind turbine to drive to the store. Sen. Menendez and Sen. Reid have offered bills to promote natural gas vehicles. Natural gas is a natural fuel for many vehicle applications and it now appears that there are significant new natural gas resources here in North America that could be tapped to replace imported oil.
At the end of the day, however, different fuels are going to work better in different types of vehicles and in different parts of the country. For that reason, our bill does not pick technology winners and losers. It is ``technology neutral,'' ``geography neutral'' and
``market neutral.'' An alternative fuel that is readily available in one part of the country may not be readily available in every part of the country, or it may not work as well in an 18 wheel tractor-trailer as in the family car. Our bill does not chose which fuel is used where, or for what kind of vehicles. We leave that up to the free market so that fuel providers and vehicle manufacturers can compete for what works best for their customers.
While it is true that cars and pick-up trucks use about 63 percent of all transportation fuel, that still means that well over a third is used in other kinds of vehicles. Medium and heavy trucks and buses, for example, use about 20 percent of all motor fuel. Our bill is aimed at making inroads on oil imports all up and down the road, in all kinds of vehicles, and even for off-road vehicles and engines that aren't on the road at all.
Our bottom line goal is to help American businesses, which build vehicles and supply fuel, provide genuine alternatives to conventional fuels and engine technologies so that Americans can reduce our dependence on foreign oil. The bill does this by providing a set of tools to promote the deployment of these technologies while keeping in mind the difficult budget situation the country faces. In several instances, the bill modifies existing programs, rather than create new ones, and it includes a source of funds to pay for the new programs it does create.
First, the bill takes the existing advanced vehicle manufacturing support program at the U.S. Department of Energy, which is now focused on providing financial support to major manufacturers of light duty vehicles, and opens it up to alternative fuel technologies. It also expands the program to component manufacturers further down the supply chain and to the production of medium and heavy trucks, buses, and transit vehicles and lifts the cap on the amount of loans that can be made to American manufacturers and their suppliers.
Alternative fuel vehicles need alternative fuel. So the next major initiative in the bill is to provide financial support for the production and distribution of those alternative fuels. Again, instead of creating a whole new program to support this alternative fuel infrastructure, the bill modifies the existing clean energy Department of Energy loan guarantee program created section 1703 of the Energy Policy Act of 2005. This loan program was aimed at financing new, innovative low-carbon electricity generation technologies. That is all well and good, but those investments do not address the very real energy security challenge facing our country from oil imports, especially since so little electricity in the U.S. is actually generated using oil. Our bill would allow this already existing program to be used for alternative fuel infrastructure.
The bill includes additional measures to provide technical assistance to States and local governments, public-private partnerships and utility companies and utility commissions to help overcome barriers to the deployment of these alternative fuel vehicles. The bill provides worker training and technology research programs to make sure there is a skilled workforce and new technologies. Taken altogether, these provisions are designed to provide the tools for manufacturers, parts suppliers, fuel providers, transportation planners, utility regulators, and State and local officials to deploy alternative fuel vehicles, and the fuels to power them, in numbers that make a difference and truly reduce our dependence on imported oil.
Finally, the bill includes a funding offset by capping the size of the Strategic Petroleum Reserve, SPR, at 90 days of non-North American crude oil and petroleum fuel imports. Under current law, the SPR is supposed to grow to 1 billion barrels at a cost of over $5 billion for construction and, at current prices, over $30 billion to fill it with oil. Buying more insurance doesn't make that old car any safer. While I support having a Strategic Petroleum Reserve, the plain truth of the matter is that spending billions of additional dollars to put more oil into the SPR will not reduce our dependence on oil imports by a single barrel. This bill would take the money generated by reducing the size of the SPR and reinvest it in alternative energy technologies that will, in fact, genuinely reduce that dependence. Rather than putting more oil in the ground for short-term supply emergencies, we put American innovation to work to reduce our Nation's oil dependence permanently.
I applaud my colleague from Oregon, Senator Merkley, and our other Senate colleagues, for recognizing that new vehicle technologies now entering the market are not just scientific curiosities, but game-
changing opportunities to finally get our country off of its addiction to oil. I look forward to working with them to enact programs and policies that ensure these alternative fuel technologies succeed in the marketplace.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 1001
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Alternative Fuel Vehicles Competitiveness and Energy Security Act of 2011''.
(b) Table of Contents.--The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--ALTERNATIVE FUEL VEHICLE DEPLOYMENT AND INFRASTRUCTURE
DEVELOPMENT
Sec. 101. Loan guarantees for alternative fuel infrastructure.
Sec. 102. Advanced technology vehicles manufacturing incentive program.
Sec. 103. Conventional fuel replacement calculation and assessment.
Sec. 104. Technical assistance and coordination.
Sec. 105. Workforce training.
Sec. 106. Reduction of engine idling and conventional fuel consumption.
Sec. 107. Electric and natural gas utility and oil pipeline participation.
Sec. 108. HOV lane access extension.
Sec. 109. Research, development, and demonstration.
TITLE II--FUNDING AND OFFSETS
Sec. 201. Authorization of appropriations.
Sec. 202. Strategic Petroleum Reserve.
Sec. 203. Transfers.
SEC. 2. DEFINITIONS.
In this Act:
(1) Alternative fuel.--The term ``alternative fuel'' has the meaning given the term in section 30B(e)(4) of the Internal Revenue Code of 1986.
(2) Alternative fuel vehicle.--The term ``alternative fuel vehicle'' means--
(A) a new qualified alternative fuel motor vehicle (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986);
(B) a mixed-fuel vehicle (as defined in section 30B(e)(5)(B) of that Code);
(C) a new qualified plug-in electric drive motor vehicle
(as defined in section 30D(d) of that Code); or
(D) a nonroad vehicle manufactured to primarily use an alternative fuel.
(3) Community college.--The term ``community college'' has the meaning given the term ``junior or community college'' in section 312 of the Higher Education Act of 1965 (20 U.S.C. 1058).
(4) Department.--The term ``Department'' means the Department of Energy.
(5) Nonroad vehicle.--
(A) In general.--The term ``nonroad vehicle'' means a vehicle that is not licensed for onroad use.
(B) Inclusions.--The term ``nonroad vehicle'' includes a vehicle described in subparagraph (A) that is used principally--
(i) for industrial, farming, or commercial use;
(ii) for rail transportation;
(iii) at an airport; or
(iv) for marine purposes.
(6) Secretary.--The term ``Secretary'' means the Secretary of Energy.
TITLE I--ALTERNATIVE FUEL VEHICLE DEPLOYMENT AND INFRASTRUCTURE
DEVELOPMENT
SEC. 101. LOAN GUARANTEES FOR ALTERNATIVE FUEL
INFRASTRUCTURE.
(a) In General.--Section 1703(a) of the Energy Policy Act of 2005 (42 U.S.C. 16513(a)) is amended--
(1) in paragraph (1), by striking ``and'' after the semicolon at the end;
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) reduce oil imports through the use of alternative fuel (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986); and''.
(b) Categories.--Section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding at the following:
``(11) The production and distribution of--
``(A) alternative fuel (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986); or
``(B) advanced biofuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))).''.
SEC. 102. ADVANCED TECHNOLOGY VEHICLES MANUFACTURING
INCENTIVE PROGRAM.
Section 136 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17013) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and indenting appropriately;
(ii) in the matter preceding clause (i) (as redesignated by clause (i)), by striking ``means an ultra efficient vehicle or a light duty vehicle that meets--'' and inserting
``means--
``(A) an ultra efficient vehicle or a light duty vehicle that meets--'';
(iii) in clause (iii) (as redesignated by clause (i)), by striking the period at the end and inserting a semicolon; and
(iv) by adding at the end the following:
``(B) a vehicle (such as a medium-duty or heavy-duty work truck, bus, or rail transit vehicle) that--
``(i) is used on a public street, road, highway, or transitway;
``(ii) meets each applicable emission standard that is established as of the date of the application; and
``(iii) will reduce consumption of conventional motor fuel by 25 percent or more, as compared to existing surface transportation technologies that perform a similar function, unless the Secretary determines that--
``(I) the percentage is not achievable for a vehicle type or class; and
``(II) an alternative percentage for that vehicle type or class will result in substantial reductions in motor fuel consumption within the United States; and
``(C) an alternative fuel vehicle (as defined in section 2 of the Alternative Fuel Vehicles Competitiveness and Energy Security Act of 2011) that--
``(i) meets each applicable emission standard that is established as of the date of the application; and
``(ii) will reduce consumption of conventional fuel by 25 percent or more, as compared to existing surface transportation technologies that perform a similar function, unless the Secretary determines that--
``(I) the percentage is not achievable for a vehicle type or class; and
``(II) an alternative percentage for that vehicle type or class will result in substantial reductions in conventional fuel consumption within the United States.'';
(B) in paragraph (3)(B)--
(i) by striking ``equipment and'' and inserting
``equipment,''; and
(ii) by inserting ``, and manufacturing process equipment'' after ``suppliers''; and
(C) by striking paragraph (4) and inserting the following:
``(4) Qualifying components.--The term `qualifying components' means components, systems, or groups of subsystems that the Secretary determines--
``(A) to be designed to improve fuel economy or the substitution of conventional fuel with--
``(i) alternative fuel (as defined in section 30B(e)(4) of the Internal Revenue Code of 1986); or
``(ii) advanced biofuel (as defined in section 211(o)(1) of the Clean Air Act (42 U.S.C. 7545(o)(1))); or
``(B) to contribute measurably to the overall improved fuel use of an advanced technology vehicle, including idle reduction technologies.'';
(2) in subsection (b), in the matter preceding paragraph
(1), by striking ``to automobile'' and inserting ``to advanced technology vehicle'';
(3) in subsection (d)(1), in the first sentence, by striking ``a total of not more than $25,000,000,000 in'';
(4) in subsection (h)--
(A) in the subsection heading, by striking ``Automobile'' and inserting ``Advanced Technology Vehicle''; and
(B) in paragraph (1)(B), by striking ``automobiles'' each place it appears and inserting ``advanced technology vehicles''; and
(5) in subsection (i), by striking ``2012'' and inserting
``2016''.
SEC. 103. CONVENTIONAL FUEL REPLACEMENT CALCULATION AND
ASSESSMENT.
(a) Methodology.--Not later than 180 days after the date of enactment of this Act, the Secretary shall, by rule, develop a methodology for calculating the equivalent volumes of conventional fuel displaced by use of each alternative fuel to assess the effectiveness of alternative fuel and alternative fuel vehicles in reducing oil imports.
(b) National Assessment.--Not later than 3 years after the date of enactment of this Act, the Secretary shall--
(1) conduct a national assessment (using the methodology developed under subsection (a)) of the effectiveness of alternative fuel and alternative fuel vehicles in reducing oil imports into the United States, including as assessment of--
(A) market penetration of alternative fuel and alternative fuel vehicles in the United States;
(B) successes and barriers to deployment identified by the programs established under this Act; and
(C) the maximum feasible deployment of alternative fuel and alternative fuel vehicles by 2020 and 2030; and
(2) report to Congress the results of the assessment.
SEC. 104. TECHNICAL ASSISTANCE AND COORDINATION.
(a) Technical Assistance to State, Local, and Tribal Governments.--
(1) In general.--In carrying out this title, the Secretary shall provide, at the request of the Governor, mayor, county executive, public utility commissioner, or other appropriate official or designee, technical assistance to State, local, and tribal governments or to a public-private partnership described in paragraph (2) to assist with the deployment of alternative fuel and alternative fuel vehicles and infrastructure.
(2) Public-private partnership.--Technical assistance under this section may be awarded to a public-private partnership, comprised of State, local or tribal governments and nongovernmental entities, including--
(A) electric or natural gas utilities or other alternative fuel distributors;
(B) vehicle manufacturers;
(C) alternative fuel vehicle or alternative fuel technology providers;
(D) vehicle fleet owners;
(E) transportation and freight service providers; or
(F) other appropriate non-Federal entities, as determined by the Secretary.
(3) Assistance.--The technical assistance described in paragraph (1) may include--
(A) coordination in the selection, location, and timing of alternative fuel recharging and refueling equipment and distribution infrastructure, including the identification of transportation corridors and specific alternative fuels that would be made available;
(B) development of protocols and communication standards that facilitate vehicle refueling and recharging into electric, natural gas, and other alternative fuel distribution systems;
(C) development of codes and standards for the installation of alternative fuel distribution and recharging and refueling equipment;
(D) education and outreach for the deployment of alternative fuel and alternative fuel vehicles; and
(E) utility rate design and integration of alternative fuel vehicles into electric and natural gas utility distribution systems.
(b) Cost Sharing.--Cost sharing for assistance awarded under this section shall be consistent with section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352).
(c) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2012 through 2016.
SEC. 105. WORKFORCE TRAINING.
(a) Workforce Training.--
(1) In general.--The Secretary, in consultation with the Secretary of Labor, shall award grants to community colleges, other institutions of higher education, and other qualified training and education institutions for the establishment or expansion of programs to provide training and education for vocational workforce development for--
(A) the manufacture and maintenance of alternative fuel vehicles; and
(B) the manufacture and installation and inspection of alternative fuel recharging, refueling, and distribution infrastructure.
(2) Purpose.--Training funded under this subsection shall be intended to ensure that the workforce has the necessary skills needed to manufacture, install, and maintain alternative fuel infrastructure and alternative fuel vehicles.
(3) Scope.--Training funded under this subsection shall include training for--
(A) electricians, plumbers, pipefitters, and other trades and contractors who will be installing alternative fuel recharging, refueling, and distribution infrastructure;
(B) building code inspection officials;
(C) vehicle, engine, and powertrain dealers and mechanics; and
(D) others positions as the Secretary determines necessary to successfully deploy alternative fuels and vehicles.
(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2012 through 2016.
SEC. 106. REDUCTION OF ENGINE IDLING AND CONVENTIONAL FUEL
CONSUMPTION.
(a) Definition of Idle Reduction Technology.--Section 756(a)(5) of the Energy Policy Act of 2005 (42 U.S.C. 16104(a)(5)) is amended--
(1) in subparagraph (A), by striking ``and'' after the semicolon at the end;
(2) in subparagraph (B), by striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following:
``(C) uses an alternative fuel to reduce consumption of conventional fuel and environmental emissions.''.
(b) Funding.--Section 756(b)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 16104(b)(4)(B)) is amended in clauses (i) and (ii) by striking ``fiscal year 2008'' each place it appears and inserting ``each of fiscal years 2008 through 2016''.
SEC. 107. ELECTRIC AND NATURAL GAS UTILITY AND OIL PIPELINE
PARTICIPATION.
(a) In General.--The Secretary shall identify barriers and remedies in existing electric and natural gas and oil pipeline transmission and distribution systems to the distribution of alternative fuels and the deployment of alternative fuel recharging and refueling capability, at economically competitive costs of alternative fuel for consumers, including--
(1) model regulatory rate design and billing for recharging and refueling alternative fuel vehicles;
(2) electric grid load management and applications that will allow batteries in plug-in electric drive vehicles to be used for grid storage, ancillary services provision, and backup power;
(3) integration of plug-in electric drive vehicles with smart grid technology, including protocols and standards, necessary equipment, and information technology systems;
(4) technical and economic barriers to transshipment of biofuels by oil pipelines; and
(5) any other barriers to installing sufficient and appropriate alternative fuel recharging and refueling infrastructure.
(b) Consultation.--The Secretary shall carry out this section in consultation with--
(1) the Federal Energy Regulatory Commission;
(2) State public utility commissions;
(3) State consumer advocates;
(4) electric and natural gas utility and transmission owners and operators;
(5) oil pipeline owners and operators; and
(6) other affected entities.
(c) Report.--Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing actions taken to carry out this section.
SEC. 108. HOV LANE ACCESS EXTENSION.
Section 166(b)(5) of title 23, United States Code, is amended--
(1) in subparagraph (A), by striking ``Before September 30, 2009, the State'' and inserting ``The State''; and
(2) in subparagraph (B), by striking ``Before September 30, 2009, the State'' and inserting ``The State''.
SEC. 109. RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
(a) Research, Development, and Demonstration.--
(1) In general.--The Secretary, in consultation with the Secretary of Defense, the Secretary of Commerce, and the Secretary of Transportation, shall support research, development, and demonstration of alternative fuel vehicles and charging and refueling technology, including support for the manufacture and deployment of those vehicles and technologies, that will--
(A) allow the United States to meet or exceed the petroleum import reduction goals of this Act;
(B) develop technologies that minimize life-cycle energy use in the production and distribution of alternative fuels; and
(C) maintain United States technological leadership in alternative vehicle technology.
(2) Use of funds.--The program may include funding for--
(A) the development of alternative fuel vehicle technologies, including new technologies for on-board alternative fuel and energy storage and drive train components for vehicles; and
(B) production and distribution technologies and systems for alternative fuels, including--
(i) grid connectivity technology for electric vehicles;
(ii) recycling technology and practicable uses of catalysts;
(iii) vehicle batteries; and
(iv) other components after the useful life in a vehicle or alternative fuel production facility.
(b) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2012 through 2016.
TITLE II--FUNDING AND OFFSETS
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Except as otherwise provided in this Act, there are authorized to be appropriated to carry out this Act and the amendments made by this Act such sums as are necessary.
SEC. 202. STRATEGIC PETROLEUM RESERVE.
(a) Level.--Section 154(a) of the Energy Policy and Conservation Act (42 U.S.C. 6234(a)) is amended by striking
``1 billion barrels of petroleum products'' and inserting
``the quantity of crude oil and petroleum fuels imported into the United States each year from countries that are not signatories to North American Free Trade Agreement during an average 90-day period during the most recent calendar year for which data are available''.
(b) Filling Strategic Petroleum Reserve to Capacity.--Section 301(e) of the Energy Policy Act of 2005 (42 U.S.C. 6240 note; Public Law 109-58) is amended by striking paragraph (1).
SEC. 203. TRANSFERS.
(a) Fiscal Year 2009.--Of the funds appropriated under section 101 of division A of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009
(Public Law 110-329; 122 Stat. 3574) for the Strategic Petroleum Reserve under the heading ``Strategic Petroleum Reserve'' of title III of the Energy and Water Development and Related Agencies Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 1959), $31,500,000 is transferred to carry out this Act and the amendments made by this Act.
(b) Fiscal Year 2010.--Of the funds appropriated under the heading ``Strategic Petroleum Reserve'' of title III of the Energy and Water Development and Related Agencies Appropriations Act, 2010 (Public Law 111-85; 123 Stat. 2862),
$25,000,000 is transferred to carry out this Act and the amendments made by this Act.
(c) Use of Proceeds.--Notwithstanding any other provision of law, any proceeds from the sale or exchange of oil necessary to reach and maintain the authorized capacity established pursuant to section 154(a) of the Energy Policy and Conservation Act (42 U.S.C. 6234(a)) and provide for normal maintenance and operation of the Reserve shall be transferred to carry out this Act and the amendments made by this Act.
______
By Mr. HARKIN (for himself, Ms. Mikulski, Mrs. Gillibrand, Mr.
Kerry, Mr. Casey, and Mr. Franken):
S. 1004. A bill to support Promise Neighborhoods; to the Committee on Health, Education, Labor, and Pensions.
Mr. HARKIN. Mr. President, in many of our Nation's poorest communities, children and families do not have access to the educational opportunities that enable youth to start school ready to learn and graduate from secondary school ready to succeed in college and the workforce, achieve economic self-sufficiency, and support families of their own someday.
As chairman of the Health, Education, Labor and Pensions Committee, it is my responsibility to lead the reauthorization of the Elementary and Secondary Education Act, which affords an exciting opportunity to improve the quality of elementary and secondary education for our children and youth. Our Nation's future economic strength and national security require well-educated workers who are not only academically prepared, but also healthy, understand the importance of community and civic participation, and possess the skills needed to successfully compete in the 21st century global economy. To accomplish these goals, children and youth must have access to a great education and safe and supportive community, beginning at birth.
However, in too many communities the consequences of poverty limit the chances students have to obtain a solid academic foundation that leads to college and career success. That is why we need Promise Neighborhoods. Promise Neighborhood partnerships leverage community assets to significantly improve academic outcomes, including school readiness, high school graduation and college entry and completion. Promise Neighborhood partners use data-driven decisionmaking to guide investments in a community-based continuum of high-quality services and evidence-based practices that address the needs of children, from birth through college and career entry. The reauthorization of ESEA provides us with an opportunity to build upon the successes of Promise Neighborhoods, of which there are more than 40 across the country, to ensure that children and youth have access to good schools, integrated students supports and other wrap-around services needed to ensure academic, as well as social and emotional, growth and development.
The lack of supports for families and children in distressed neighborhoods has a profound impact on student achievement and development. Children from poor families are less likely to have access to nutritious foods, high-quality early learning programs, adults who read to them every day, and basic health care. As a result, these children are more likely to experience sickness and developmental delays, chronic hunger and homelessness, and abuse and neglect--all of which contribute to slow brain development and low academic achievement. Children from low-income families enter kindergarten approximately three months behind the national average in reading and enter first grade with 900 hours less of one-on-one book-reading time than do their middle-class peers.
The number of poor children facing these challenges and experiencing these devastating results is growing at an alarming rate. According to the National Center for Children and Poverty, the number of poor children under age 6 increased by 24 percent between 2000 and 2007. The center also found that in my home State of Iowa, 20 percent of children under age 6 live in poor families. Between 2007 and 2009, the number of children living in poverty nationwide grew by 2.2 million, to 15.5 million. This means that more of our Nation's children are starting school ill-equipped to thrive and gain the skills needed for success in the 21st century. The best way to combat this trend is to ensure that all children, especially those in low-income and under-resourced communities, have access to high-quality early learning programs, effective schools, and family and student supports that prepare them for success.
One low-income neighborhood where children and their families receive these essential programs and supports is in Harlem, through an organization called Harlem Children's Zone. Geoffrey Canada began Harlem Children's Zone as a single-block pilot in the 1990s, which has since expanded to 96 blocks. Today Harlem Children's Zone operates two charter schools and leverages a wide range of public, nonprofit, and philanthropic resources to provide wrap-around services to over 10,000 youth and about the same number of adults each year. Harlem Children's Zone's programs have equipped children with the skills needed to be successful in elementary school and have provided families with the tools needed to effectively support their children's development and academic achievement. The New York Times has called it ``one of the most ambitious social-service experiments of our time''.
The bill I am introducing today builds on this outstanding framework. This Promise Neighborhoods proposal would fund competitive grants to implement cradle-to-career ``continuums of care'' similar to Harlem Children's Zone for children in distressed neighborhoods. Promise Neighborhoods encourages communities and schools to leverage partnerships that provide children with access to evidence-based education reforms, community services, and family supports that improve academic, developmental, career, and life outcomes.
This bill focuses on ensuring the provision of high-quality early learning programs, effective family and community engagement strategies, and better services for special populations, such as children with disabilities and English learners.
It also allows for grants that are led by community-based organizations working in partnership with school districts, or led by schools in partnership with community-based organizations or institutions of higher education. Partners must collaborate to develop and implement a high-quality, evidence-based pipeline of services. This pipeline, at a minimum, must support social and emotional development beginning at birth, enhance academic achievement, and prepare students for success in college and 21st century careers.
Promise Neighborhoods is a new kind of Federal grant. It requires organizations, agencies, and caring adults to work together to revitalize a single neighborhood, focusing on access to the educational and other supports children need to be successful in school and in life. It also supports communities in working together to combat the devastating effects poverty has on children's development and academic achievement.
One day I would hope that all children grow up in a neighborhood that provides support for their success from birth. This bill will help us take an important step towards this vision.
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By Mr. BOOZMAN (for himself, Mr. Graham, Mr. Risch, Mr. Coats,
Mr. Thune, and Mr. Johanns):
S. 1005. A bill to provide for parental notification and intervention in the case of a minor seeking an abortion; to the Committee on the Judiciary.
Mr. BOOZMAN. Mr. President, polls show nearly 80 percent of Americans agree parents should have the legal right to stop an abortion from being performed on their minor daughter. Many States such as Arkansas have enacted laws requiring parental notification, and these laws have proven very effective at the state level. Texas' teen abortion rate has dropped 25 percent since passage of its parental notification law in 2000 and Virginia and South Dakota have had similar results since parental notification laws were passed more than 10 years ago. However without a Federal law parents in those States are not required to be notified when their daughters go out-of-state for an abortion. Also, judges exploit loopholes in state laws by granting ``judicial bypass'' so often times the law is not enforced. The Parental Notification and Intervention Act requires that parents be notified at least four days in advance of any abortion to be performed on their minor daughter and gives them power to stop an abortion from being performed. My colleagues Senators Graham, Risch, Coats, Thune, and Johanns join me in introducing this important legislation. I would also like to thank Representative Steve King for his support and leadership on the House companion version of the Parental Notification and Intervention Act.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be printed in the Record, as follows:
S. 1005
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Parental Notification and Intervention Act of 2011''.
SEC. 2. PARENTAL NOTIFICATION.
(a) It shall be unlawful for any person or organization to perform any abortion on an unemancipated minor under the age of 18, to permit the facilities of the entity to be used to perform any abortion on such a minor, or to assist in the performance of any abortion on such a minor, if the person or organization has failed to comply with the following requirements:
(1) Unless there is clear and convincing evidence of physical abuse of the minor by a parent, written notification has been provided to each parent of the minor, informing each parent that an abortion has been requested for the minor.
(2) There is compliance with a 96-hour waiting period after notice has been received by, subject to paragraph (1), each parent of the minor before the abortion may be performed.
(3) In the case of an action brought by a parent of such minor pursuant to section 3, with respect to the performance of such abortion, the person or organization shall not perform such abortion unless and until there is a final judgement pursuant to such section that granting permanent relief to enjoin the abortion would be unlawful.
(b) Whoever violates the provisions of subsection (a) of this section shall be fined not more than $1,000,000, or imprisoned not more than 10 years, or both.
(c) The provisions of this section shall not apply if, with respect to an unemancipated minor for whom an abortion is sought, a defense or affirmative defense exists which would be applicable to other provisions of title 18, United States Code. For purposes of the previous sentence, such a defense or affirmative defense shall not apply unless a physician other than the physician with principal responsibility for making the decision to perform the abortion makes a determination that--
(1) a medical emergency exists in which an abortion on the minor is necessary due to a grave, physical disorder or disease of the minor that would, with reasonable medical certainty, cause the death of the minor if an abortion is not performed;
(2) parental notification is not possible as a result of the medical emergency; and
(3) certifications regarding compliance with paragraphs (1) and (2) of this subsection have been entered in the medical records of the minor, together with the reasons upon which the determinations are based, including a statement of relevant clinical findings.
(d) For purposes of this section, any parental notification provided to comply with the provisions of subsection (a) shall be provided through the manner described in paragraph
(1), or through the manner described in paragraph (2), as follows:
(1) The notification shall be provided through certified mail in accordance with the following procedures:
(A) The notification shall be addressed to the parent of the unemancipated minor.
(B) The address used shall be the dwelling or usual place of abode of the parent.
(C) Return receipt shall be requested.
(D) Delivery shall be restricted to the parent.
(2) The notification shall be delivered personally to the parent.
(e) For purposes of this section, the term ``parent'' includes, but is not limited to, any legal guardian of the child.
SEC. 3. PARENTAL INTERVENTION.
Any parent of a minor required to be notified pursuant to section 2 may bring, in the district court of the United States where the parent resides or where the unemancipated minor is located, an action to bar the performance of an abortion on such minor. The court shall issue an injunction barring the performance of the abortion until the issue has been adjudicated and the judgment is final. The court shall issue relief permanently enjoining the abortion unless the court determines that granting such relief would be unlawful.
SEC. 4. EFFECTIVE DATE AND SEVERABILITY.
(a) The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated.
(b) The provisions of this Act shall take effect immediately upon enactment.
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