Jeff Bingaman

Mr. BINGAMAN

Mr. BINGAMAN. 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, September 15, 2009, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to explore potential costs and price volatility in the energy sector as a result of a greenhouse gas trading program and ways to reduce or contain those costs. 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 Gina_Weinstock@energy.senate.gov. For further information, please contact Jonathan Black at (202) 224- 6722 or Gina Weinstock at (202) 224-5684. committee on energy and natural resources

Mr. BINGAMAN. 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. The business meeting will be held on Tuesday, September 15, 2009, at 2:30 p.m., in room SD-366 of the Dirksen Senate Office Building, immediately preceding the full committee hearing. The purpose of the business meeting is to consider pending nominations. For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. BINGAMAN

Mr. BINGAMAN. Madam President, I rise to speak in support of Judge Sonia Sotomayor's nomination to be an Associate Justice of the U.S. Supreme Court. Judge Sotomayor's nomination to the highest court in the land is historic in several respects. Clearly, becoming the first Hispanic to serve on the U.S. Supreme Court is an important milestone. Our country is well served when these barriers fall and we are able to put forward qualified candidates who reflect the diversity of our citizenry. But what also makes Judge Sotomayor's nomination so significant is the extent of her judicial experience and her overall qualifications. Judge Sotomayor has more Federal judicial experience than any jurist nominated to the Court in the last 100 years, and has more overall judicial experience than any nominee in the last 70 years. She is the first Supreme Court nominee to have sat on both a Federal trial court and an appellate court, and would be the only current justice with trial court experience. Altogether, she has been a Federal judge for over 17 years, including 6 years on the U.S. District Court for the Southern District of New York and 11 years on the U.S. Court of Appeals for the Second Circuit. In addition to serving on the bench, Judge Sotomayor has a distinguished record as a prosecutor and an attorney in private practice. Considering the depth of Judge Sotomayor's experience, it is not surprising that after a thorough review of her record the American Bar Association unanimously gave her their highest rating. The ABA found that she was ``well qualified'' to serve as a justice based on her integrity, competence, and judicial temperament. Judge Sotomayor's testimony before the Senate Judiciary Committee also demonstrated her adherence to mainstream jurisprudence and commitment to objectively making decisions based on the facts of each case and the applicable legal precedent. I strongly believe Judge Sotomayor has the qualifications, experience, and impartiality necessary to be an excellent justice of the Supreme Court, and I urge my colleagues to support her nomination. I yield the floor. I suggest the absence of a quorum.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, as the success of the Cash for Clunkers Program that we are working to extend today makes clear, there is substantial interest among consumers in upgrading the fuel efficiency of their vehicles. In fact, maybe the most surprising thing about the program thus far has been the higher-than-expected appetite by consumers for the most fuel-efficient vehicles. It is an encouraging sign, but it remains surprising because it is extraordinarily difficult for a consumer to take into account the real benefits, or costs, of fuel economy. The value of fuel efficiency depends on the unknowable fact of what the price of gasoline is likely to be in future years as well as requiring a calculation to make and apples-to-apples comparison of the costs of ownership at different efficiency levels. This explains why study after study demonstrates that consumers don't fully account for the fuel costs of ownership when they make buying decisions. Decisions that many people regretted making only a few years earlier as gas prices climbed near $4 per gallon last fall. This isn't only a problem for consumers. Improving the fuel economy of a vehicle requires significant engineering and new technologies, often adding hundreds or thousands to the manufacturer price of a vehicle; costs consumers have proved unwilling to bear. Faced with this reality, and the uncertainty of recovering their costs from consumers who are unsure of the value of fuel efficiency, car makers have generally thought it is in their best business interests to meet the fuel economy requirements of CAFE but go no further. Even when manufacturers want to go further than the CAFE requirements and produce more efficient vehicles, they are faced with giving up a cost advantage to their competitors by putting on expensive new technologies. For this reason, and to attempt to take into account the very real costs in oil and climate insecurity by our undervaluation of efficiency, Congress has put in a series of incentives for specific technologies such as hybrids, electric-drive, and hydrogen fuel cell vehicles. We have also recently made significant investments in battery manufacturing and vehicle electrification to try and close the significant gap with our global competitors in these technologies. Although I support those investments to increase our competitiveness in the clean energy technology manufacturing race, unless the domestic marketplace will support them over the long term, they simply won't be enough. I believe the best path to both support our climate and energy goals and enhance our economic competitiveness is to create a set of clear, technology-neutral incentives that can achieve our goals and then let the market and consumers sort out the best technologies. The Efficient Vehicle Leadership Act of 2009 that I am introducing today with Senators Snowe, Kerry, and Lugar provides a long-term pathway forward that will allow consumers to afford the most fuel efficient vehicles and a clear signal to the manufacturers that they can succeed in the marketplace by incorporating the most advanced fuel efficiency technologies into their new offerings. The bill would provide for fuel performance rebates that would decrease the cost of efficient cars and pay for it by assessing a fuel performance fee to manufacturers for inefficient vehicles to pay for the program. The rebates and fees would be calculated based on how much more or less fuel-efficient a vehicle is relative to the CAFE standard. The CAFE standard is based on the size, or ``footprint''--the interior dimensions of the four wheels of the motor vehicle, so each vehicle would compete with other vehicles of a similar size. The CAFE standard itself becomes more stringent over time, based on the ``maximum feasible'' fuel efficiency as determined by NHTSA, so the incentives are recast yearly against a higher target. Calculating the rebates and fees based on the CAFE standard allows them to net out, making the overall system revenue neutral and providing a continuing incentive each subsequent year. Thus, the purchasers of fuel efficiency laggards for each size pay to make the most fuel-efficient equivalent vehicles more affordable. The rebate amount must appear on the fuel efficiency sticker and consumers can choose if they want to receive their rebate directly in their tax returns or they can transfer the credit to dealer, as long as the dealer certifies they have given the rebate to the consumer at the point of purchase. In sum, this bill provides a long-term structure for the automotive sector that provides certainty to manufacturers that the technologies that they must employ to meet the new fuel efficiency requirements will be valued by consumers and, beyond that, rewards and incentivizes innovation in vehicle efficiency to go beyond the CAFE requirements. The technological acumen of the auto industry will be harnessed, with no net impact on safety or comfort, and without distorting the marketplace. Consumers would benefit for years to come from a smaller hit on their wallet at the pump. The United States would benefit overall as we began to curb our appetite for oil. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN. Mr. President, I rise today to introduce the Expanding Industrial Energy Efficiency Incentives Act of 2009. I am pleased to be joined by my Finance Committee colleague, Senator Snowe, in introducing the Act, which creates the first direct tax-based incentives for industrial energy efficiency. As such, the Act helps our industrial sector adopt advanced energy technologies and processes, enabling American industry to reduce fuel dependency, cut costs, reduce greenhouse gas emissions, add jobs, and enhance global competitiveness. Even though the industrial sector represents 32 percent of our domestic energy consumption, there are currently no significant tax credits that directly promote industrial energy efficiency. But as a recent study by McKinsey & Company found, the industrial sector represents the largest potential for end-use energy efficiency in the U.S. and could save $47 billion per year on energy costs through efficiency improvements. The time to make this investment is now. The act creates incentives in the three critical areas: water reuse, advanced motors, and CFC chillers. It also enhances incentives for combined heat and power systems. Energy efficiency organizations estimate that these incentives together will save over 92 terawatt hours of energy--the equivalent of four months' worth of total U.S. energy consumption. First, the act adds a new investment tax credit for reuse, recycling, and/or efficiency measures related to process, sanitary, and cooling water, as well as for blowdown from cooling towers and steam systems used by utility-scale thermo-electric generators. The U.S. currently reuses only 6 percent of its water, and there is significant potential for gains in this area. The industrial sector, which is responsible for 45 percent of domestic freshwater withdrawals, is an ideal place to introduce transformative water reuse and water saving technologies. Approximately 3 percent of U.S. electricity use is for pumping, treating and transporting water. The ``water-watts connection'' is well-recognized. For instance, the California Energy Commission estimates that 95 percent of the energy savings of proposed energy- efficiency programs could be achieved through water-efficiency programs, at 58 percent of the cost. Water conservation is therefore a cost-effective way to achieve significant energy savings. Second, the bill establishes a $120-per-horsepower tax credit for efficient motor systems with adjustable speed capability. On average, motors account for 65 percent of an industrial energy user's electricity use, a percentage that is even higher in certain industries, such as water supply, mining, and oil and gas extraction. In fact, industrial motors are expected to be responsible for 7 percent of total global carbon emissions by 2020. New advances in power electronics and controls over the past five years have advanced the potential for new smart motor technologies to provide a significant energy savings potential if these new motors are placed widely into service. By reducing the initial design and added component costs, this new credit will accelerate the adoption of advanced motor technologies into higher volume production, helping to make the technology available economy-wide. Third, the bill adds a new incentive for replacing CFC chillers. Large water-cooled chillers are the engines of air-conditioning systems for almost all large buildings. The bill establishes a credit of $150 per ton, plus an additional incentive of $100 for each ton downsized during replacement. The incentive extends only to pre-1993, post-1980 water-cooled chillers that use the refrigerants CFC-11 and CFC-12. While chillers that use CFC-11 and CFC-12 refrigerants have been banned for new installations because their refrigerant breakdown products attack the ozone layer, some 30,000 chillers that still use these refrigerants remain in both public and private facilities across the country. Replacing these obsolete systems would allow for the recovery of 37 million pounds of ozone depleting CFCs--or 64 million metric tons of carbon dioxide equivalents. Additionally, the improvement in new chiller efficiency that would be achieved by replacing these old systems would save 17.2 million metric tons of carbon dioxide from reduced electricity consumption--the equivalent of taking 3.3 million cars off the road. While CFC chiller replacement is cost-effective over the long-term, the high up-front costs mean that many building owners do not make these investments. This moderate tax incentive improves the economics and reduces the up-front cost, substantially increasing the number of systems replaced. Collaterally, but just as significantly, this bill is a jobs bill. For instance, if all CFC chillers are replaced, we expect that approximately 10,500 American jobs can be directly created or preserved in the manufacturing, removal and installation of new chillers. Additional jobs will be created by the engineering services required to take advantage of these incentives, adding up to a potential 60,000 jobs. Finally, the bill improves the combined heat and power incentive, which was enacted last October as part of the tax extenders package. The package added a 10 percent investment tax credit for combined heat and power systems. The expansion of the combined heat and power tax credit would increase the credit's applicability from the first 15 megawatts to the first 25 megawatts of system capacity and remove the overall system size cap of 50 megawatts, allowing a greater number of combined heat and power projects to be financially viable and move forward. A recent Department of Energy study estimates that ramping up total U.S. combined heat and power to account for twenty percent of electricity capacity, a percentage that is within our reach, would eliminate over sixty percent of the expected increase in carbon dioxide emissions from today to 2030--the equivalent of taking more than half of current passenger vehicles in the U.S. off the road. Together, these four industrial energy efficiency incentives capture a large portion of the energy efficiency potential in the industrial sector. These incentives will catalyze the deployment of new technologies that will decrease carbon emissions and protect our natural resources, all while saving money on energy costs and creating jobs. I look forward to working with Senator Snowe to see these provisions enacted into law. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN. Mr. President, addressing our Nation's dependence on imported oil and our greenhouse gas emissions will require policies that extend across the economy, as well as policies that are more narrowly tailored to specific sectors. Today, I rise with my colleague from Maine, Senator Snowe, to offer a bill that would enhance energy security and reduce greenhouse gas emissions associated with heating our nation's homes and buildings. Our bill, the Cleaner, Secure and Affordable Thermal Energy Act, creates significant incentives for consumers, businesses, and tax-exempt entities that now rely on heating oil to convert to energy-efficient natural gas or biomass heating systems. Across the country, and particularly in the Northeast and Midwest, many homes and buildings still derive heat from oil-burning furnaces. According to the Energy Information Administration, in 2007, our Nation consumed nearly 160 million barrels of oil for heating fuel. This use of heating oil continues despite the existence of widely available alternatives that are cleaner, more secure, and more affordable. On April 22, I held a hearing in the Energy and Natural Resources Committee on the Energy Efficiency Resource Standards. The Committee heard from several witnesses about the advantages of and efforts to convert residential, business, and public users from fuel oil to natural gas and biomass heating systems. For each household that converts from fuel oil to a natural gas heating system, we avoid 2.1 metric tons of greenhouse gas emissions. For each commercial building, we avoid 9.9 metric tons, and for each industrial facility, we avoid as much as 2,984 metric tons. These emission reductions are even more significant for conversions to heating systems that are fired by biomass resources. Besides being cleaner, natural gas and biomass are far more secure resources. Ninety-eight percent of domestically consumed natural gas is produced in North America, and domestic reserves of natural gas are estimated at 100 years based on current consumption. Finally, since the price of natural gas and biomass is lower and less volatile than the price oil, converting offers significant short- and long-term cost savings to consumers. For instance, while the average annual cost of using fuel oil for home heating averages $1,734, the average annual cost of operating a natural gas furnace is $1,004. But significant up-front costs prevent many families and businesses from converting their heating systems. The Cleaner, Secure and Affordable Thermal Energy Act will make these conversions more affordable for American families, businesses, and tax- exempt entities. First, for residential consumers, the Act establishes a 30 percent tax credit for costs associated with converting from a fuel oil to natural gas or biomass heating system. The credit is capped at $3,500, $4,000 in the case of biomass stoves. To qualify, the replacement equipment must be energy efficient; a natural gas boiler must have an AFUE rating of at least 85 percent, a replacement natural gas furnace must have an AFUE rating of at least 92 percent, and a replacement biomass appliance must have a thermal efficiency rating of more than 75 percent. For business taxpayers, the act authorizes bonus depreciation for property installed before 2012. This would enable business taxpayers to expense--that is, immediately write-off--half of the cost of qualifying property, and depreciate the remaining balance over the typical cost- recovery period. Many of the Nation's heating oil systems are used by public entities, particularly school systems. To help public entities finance their conversions to natural gas and biomass heating, the Act adds conversion programs as an activity eligible for Qualified Energy Conservation Bonds. Finally, to encourage expansion of natural gas service capabilities, the act includes a two-year extension of the 15-year depreciation schedule created for distribution facilities under the Energy Policy Act of 2005. The act would move us significantly in the direction of a low-carbon economy while enhancing energy security and reducing heating costs. I look forward to working with Senator Snowe to enacting our bill into law.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, as the success of the Cash for Clunkers Program that we are working to extend today makes clear, there is substantial interest among consumers in upgrading the fuel efficiency of their vehicles. In fact, maybe the most surprising thing about the program thus far has been the higher-than-expected appetite by consumers for the most fuel-efficient vehicles. It is an encouraging sign, but it remains surprising because it is extraordinarily difficult for a consumer to take into account the real benefits, or costs, of fuel economy. The value of fuel efficiency depends on the unknowable fact of what the price of gasoline is likely to be in future years as well as requiring a calculation to make and apples-to-apples comparison of the costs of ownership at different efficiency levels. This explains why study after study demonstrates that consumers don't fully account for the fuel costs of ownership when they make buying decisions. Decisions that many people regretted making only a few years earlier as gas prices climbed near $4 per gallon last fall. This isn't only a problem for consumers. Improving the fuel economy of a vehicle requires significant engineering and new technologies, often adding hundreds or thousands to the manufacturer price of a vehicle; costs consumers have proved unwilling to bear. Faced with this reality, and the uncertainty of recovering their costs from consumers who are unsure of the value of fuel efficiency, car makers have generally thought it is in their best business interests to meet the fuel economy requirements of CAFE but go no further. Even when manufacturers want to go further than the CAFE requirements and produce more efficient vehicles, they are faced with giving up a cost advantage to their competitors by putting on expensive new technologies. For this reason, and to attempt to take into account the very real costs in oil and climate insecurity by our undervaluation of efficiency, Congress has put in a series of incentives for specific technologies such as hybrids, electric-drive, and hydrogen fuel cell vehicles. We have also recently made significant investments in battery manufacturing and vehicle electrification to try and close the significant gap with our global competitors in these technologies. Although I support those investments to increase our competitiveness in the clean energy technology manufacturing race, unless the domestic marketplace will support them over the long term, they simply won't be enough. I believe the best path to both support our climate and energy goals and enhance our economic competitiveness is to create a set of clear, technology-neutral incentives that can achieve our goals and then let the market and consumers sort out the best technologies. The Efficient Vehicle Leadership Act of 2009 that I am introducing today with Senators Snowe, Kerry, and Lugar provides a long-term pathway forward that will allow consumers to afford the most fuel efficient vehicles and a clear signal to the manufacturers that they can succeed in the marketplace by incorporating the most advanced fuel efficiency technologies into their new offerings. The bill would provide for fuel performance rebates that would decrease the cost of efficient cars and pay for it by assessing a fuel performance fee to manufacturers for inefficient vehicles to pay for the program. The rebates and fees would be calculated based on how much more or less fuel-efficient a vehicle is relative to the CAFE standard. The CAFE standard is based on the size, or ``footprint''--the interior dimensions of the four wheels of the motor vehicle, so each vehicle would compete with other vehicles of a similar size. The CAFE standard itself becomes more stringent over time, based on the ``maximum feasible'' fuel efficiency as determined by NHTSA, so the incentives are recast yearly against a higher target. Calculating the rebates and fees based on the CAFE standard allows them to net out, making the overall system revenue neutral and providing a continuing incentive each subsequent year. Thus, the purchasers of fuel efficiency laggards for each size pay to make the most fuel-efficient equivalent vehicles more affordable. The rebate amount must appear on the fuel efficiency sticker and consumers can choose if they want to receive their rebate directly in their tax returns or they can transfer the credit to dealer, as long as the dealer certifies they have given the rebate to the consumer at the point of purchase. In sum, this bill provides a long-term structure for the automotive sector that provides certainty to manufacturers that the technologies that they must employ to meet the new fuel efficiency requirements will be valued by consumers and, beyond that, rewards and incentivizes innovation in vehicle efficiency to go beyond the CAFE requirements. The technological acumen of the auto industry will be harnessed, with no net impact on safety or comfort, and without distorting the marketplace. Consumers would benefit for years to come from a smaller hit on their wallet at the pump. The United States would benefit overall as we began to curb our appetite for oil. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to introduce the Expanding Industrial Energy Efficiency Incentives Act of 2009. I am pleased to be joined by my Finance Committee colleague, Senator Snowe, in introducing the Act, which creates the first direct tax-based incentives for industrial energy efficiency. As such, the Act helps our industrial sector adopt advanced energy technologies and processes, enabling American industry to reduce fuel dependency, cut costs, reduce greenhouse gas emissions, add jobs, and enhance global competitiveness. Even though the industrial sector represents 32 percent of our domestic energy consumption, there are currently no significant tax credits that directly promote industrial energy efficiency. But as a recent study by McKinsey & Company found, the industrial sector represents the largest potential for end-use energy efficiency in the U.S. and could save $47 billion per year on energy costs through efficiency improvements. The time to make this investment is now. The act creates incentives in the three critical areas: water reuse, advanced motors, and CFC chillers. It also enhances incentives for combined heat and power systems. Energy efficiency organizations estimate that these incentives together will save over 92 terawatt hours of energy--the equivalent of four months' worth of total U.S. energy consumption. First, the act adds a new investment tax credit for reuse, recycling, and/or efficiency measures related to process, sanitary, and cooling water, as well as for blowdown from cooling towers and steam systems used by utility-scale thermo-electric generators. The U.S. currently reuses only 6 percent of its water, and there is significant potential for gains in this area. The industrial sector, which is responsible for 45 percent of domestic freshwater withdrawals, is an ideal place to introduce transformative water reuse and water saving technologies. Approximately 3 percent of U.S. electricity use is for pumping, treating and transporting water. The ``water-watts connection'' is well-recognized. For instance, the California Energy Commission estimates that 95 percent of the energy savings of proposed energy- efficiency programs could be achieved through water-efficiency programs, at 58 percent of the cost. Water conservation is therefore a cost-effective way to achieve significant energy savings. Second, the bill establishes a $120-per-horsepower tax credit for efficient motor systems with adjustable speed capability. On average, motors account for 65 percent of an industrial energy user's electricity use, a percentage that is even higher in certain industries, such as water supply, mining, and oil and gas extraction. In fact, industrial motors are expected to be responsible for 7 percent of total global carbon emissions by 2020. New advances in power electronics and controls over the past five years have advanced the potential for new smart motor technologies to provide a significant energy savings potential if these new motors are placed widely into service. By reducing the initial design and added component costs, this new credit will accelerate the adoption of advanced motor technologies into higher volume production, helping to make the technology available economy-wide. Third, the bill adds a new incentive for replacing CFC chillers. Large water-cooled chillers are the engines of air-conditioning systems for almost all large buildings. The bill establishes a credit of $150 per ton, plus an additional incentive of $100 for each ton downsized during replacement. The incentive extends only to pre-1993, post-1980 water-cooled chillers that use the refrigerants CFC-11 and CFC-12. While chillers that use CFC-11 and CFC-12 refrigerants have been banned for new installations because their refrigerant breakdown products attack the ozone layer, some 30,000 chillers that still use these refrigerants remain in both public and private facilities across the country. Replacing these obsolete systems would allow for the recovery of 37 million pounds of ozone depleting CFCs--or 64 million metric tons of carbon dioxide equivalents. Additionally, the improvement in new chiller efficiency that would be achieved by replacing these old systems would save 17.2 million metric tons of carbon dioxide from reduced electricity consumption--the equivalent of taking 3.3 million cars off the road. While CFC chiller replacement is cost-effective over the long-term, the high up-front costs mean that many building owners do not make these investments. This moderate tax incentive improves the economics and reduces the up-front cost, substantially increasing the number of systems replaced. Collaterally, but just as significantly, this bill is a jobs bill. For instance, if all CFC chillers are replaced, we expect that approximately 10,500 American jobs can be directly created or preserved in the manufacturing, removal and installation of new chillers. Additional jobs will be created by the engineering services required to take advantage of these incentives, adding up to a potential 60,000 jobs. Finally, the bill improves the combined heat and power incentive, which was enacted last October as part of the tax extenders package. The package added a 10 percent investment tax credit for combined heat and power systems. The expansion of the combined heat and power tax credit would increase the credit's applicability from the first 15 megawatts to the first 25 megawatts of system capacity and remove the overall system size cap of 50 megawatts, allowing a greater number of combined heat and power projects to be financially viable and move forward. A recent Department of Energy study estimates that ramping up total U.S. combined heat and power to account for twenty percent of electricity capacity, a percentage that is within our reach, would eliminate over sixty percent of the expected increase in carbon dioxide emissions from today to 2030--the equivalent of taking more than half of current passenger vehicles in the U.S. off the road. Together, these four industrial energy efficiency incentives capture a large portion of the energy efficiency potential in the industrial sector. These incentives will catalyze the deployment of new technologies that will decrease carbon emissions and protect our natural resources, all while saving money on energy costs and creating jobs. I look forward to working with Senator Snowe to see these provisions enacted into law. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, addressing our Nation's dependence on imported oil and our greenhouse gas emissions will require policies that extend across the economy, as well as policies that are more narrowly tailored to specific sectors. Today, I rise with my colleague from Maine, Senator Snowe, to offer a bill that would enhance energy security and reduce greenhouse gas emissions associated with heating our nation's homes and buildings. Our bill, the Cleaner, Secure and Affordable Thermal Energy Act, creates significant incentives for consumers, businesses, and tax-exempt entities that now rely on heating oil to convert to energy-efficient natural gas or biomass heating systems. Across the country, and particularly in the Northeast and Midwest, many homes and buildings still derive heat from oil-burning furnaces. According to the Energy Information Administration, in 2007, our Nation consumed nearly 160 million barrels of oil for heating fuel. This use of heating oil continues despite the existence of widely available alternatives that are cleaner, more secure, and more affordable. On April 22, I held a hearing in the Energy and Natural Resources Committee on the Energy Efficiency Resource Standards. The Committee heard from several witnesses about the advantages of and efforts to convert residential, business, and public users from fuel oil to natural gas and biomass heating systems. For each household that converts from fuel oil to a natural gas heating system, we avoid 2.1 metric tons of greenhouse gas emissions. For each commercial building, we avoid 9.9 metric tons, and for each industrial facility, we avoid as much as 2,984 metric tons. These emission reductions are even more significant for conversions to heating systems that are fired by biomass resources. Besides being cleaner, natural gas and biomass are far more secure resources. Ninety-eight percent of domestically consumed natural gas is produced in North America, and domestic reserves of natural gas are estimated at 100 years based on current consumption. Finally, since the price of natural gas and biomass is lower and less volatile than the price oil, converting offers significant short- and long-term cost savings to consumers. For instance, while the average annual cost of using fuel oil for home heating averages $1,734, the average annual cost of operating a natural gas furnace is $1,004. But significant up-front costs prevent many families and businesses from converting their heating systems. The Cleaner, Secure and Affordable Thermal Energy Act will make these conversions more affordable for American families, businesses, and tax- exempt entities. First, for residential consumers, the Act establishes a 30 percent tax credit for costs associated with converting from a fuel oil to natural gas or biomass heating system. The credit is capped at $3,500, $4,000 in the case of biomass stoves. To qualify, the replacement equipment must be energy efficient; a natural gas boiler must have an AFUE rating of at least 85 percent, a replacement natural gas furnace must have an AFUE rating of at least 92 percent, and a replacement biomass appliance must have a thermal efficiency rating of more than 75 percent. For business taxpayers, the act authorizes bonus depreciation for property installed before 2012. This would enable business taxpayers to expense--that is, immediately write-off--half of the cost of qualifying property, and depreciate the remaining balance over the typical cost- recovery period. Many of the Nation's heating oil systems are used by public entities, particularly school systems. To help public entities finance their conversions to natural gas and biomass heating, the Act adds conversion programs as an activity eligible for Qualified Energy Conservation Bonds. Finally, to encourage expansion of natural gas service capabilities, the act includes a two-year extension of the 15-year depreciation schedule created for distribution facilities under the Energy Policy Act of 2005. The act would move us significantly in the direction of a low-carbon economy while enhancing energy security and reducing heating costs. I look forward to working with Senator Snowe to enacting our bill into law.

Mr. BINGAMAN

Mr. BINGAMAN. 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 Committee on Energy and Natural Resources. The hearing will be held on Saturday, August 22, 2009, at 10:00 a.m., in Chena Hot Springs Resort, Milepost 56.5, Chena Hot Springs Road, in Chena Hot Springs, Alaska. The purpose of the hearing is to consider renewable energy production, strategies, and technologies with regard to rural communities. 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 Mike_Gauthier@energy.senate.gov or Chuck_Kleeschulte@energy.senate.gov. For further information, please contact Chuck Kleeschulte at (202) 224-8276 or Mike Gauthier at (202) 224-3907. committee on energy and natural resources

Mr. BINGAMAN. 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 National Parks. The hearing will be held on Monday, August 24, 2009, at 1:30 p.m., in the Board Room of Town Hall, 170 MacGregor Avenue, Estes Park, Colorado. The purpose of the hearing is to consider climate change impacts on national parks in Colorado and related management activities. 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 scott miller@energy.senate.gov. For further information, please contact Scott Miller at (202) 224- 5488.

Mr. BINGAMAN

Mr. BINGAMAN. 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, August 6, 2009, at 10:00 a.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to consider the nominations of John R. Norris, to be a Member of the Federal Energy Regulatory Commission, Jose Antonio Garcia, to be Director of the Office of Minority Economic Impact, Department of Energy, and Joseph G. Pizarchik, to be Director of the Office of Surface Mining Reclamation and Enforcement, Department of the Interior. 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, D.C. 20510-6150. For further information, please contact Sam Fowler or Amanda Kelly. Committee on Energy and Natural Resources

Mr. BINGAMAN. 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 Tuesday, August 4, 2009, at 2:45 p.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the business meeting is to consider pending nominations and legislation. For further information, please contact Sam Fowler or Amanda Kelly.

Mr. BINGAMAN

Mr. BINGAMAN. 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, July 28, 2009, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to consider the nominations of James J. Markowsky, to be an Assistant Secretary of Energy (Fossil Energy), Warren F. Miller, Jr., to be an Assistant Secretary of Energy (Nuclear Energy) and Director of the Office of Civilian Radioactive Waste, Anthony M. Babauta, to be an Assistant Secretary of the Interior (Insular Areas), and Jonathan B. Jarvis, to be the Director of the National Park Service. 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 Amanda_kelly@energy.senate.gov. For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836. committee on energy and natural resources

Mr. BINGAMAN. 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 Tuesday, July 28, 2009, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building, immediately preceding the hearing on other nominations. The purpose of the business meeting is to consider pending nominations. For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I rise today to submit a resolution commemorating the 400th anniversary of the founding of the City of Santa Fe, NM. This bill is cosponsored by Senator Tom Udall and a companion bill will be introduced in the House by Representatives Ben Ray Lujan, Martin Heinrich, and Harry Teague. Over the next year the City of Santa Fe will commemorate the arrival of Spanish settlers and the designation of the City as the capital city of the Spanish territory now known as New Mexico. On their arrival the Spaniards found a thriving Native American culture. These Native American and Spanish cultures served to enrich each other and led the creation of a vibrant social, cultural, and financial center that made the settlement of the Western United States possible. Despite the difficulties and periodic clashes the Spanish, Native American, and Anglo cultures in Santa Fe fought and worked to create a unique and vibrant culture that enriched all in the area. It is this confluence of cultures and the incomparable natural beauty of the area that make Santa Fe, The City Different, an American treasure that should be recognized and celebrated. Santa Fe is celebrated worldwide for its thriving artistic community, including the Santa Fe Opera, museums, and working artists. Many of these artists were drawn to its natural beauty, the light and air of the place. It is this special something that led artists like D.H. Lawrence and Georgia O'Keefe and countless others to visit and move to the area. We in New Mexico know how lucky we are to have Santa Fe and its treasures the entire state stands with the City to commemorate its 400th anniversary. That is why I am proud to introduce this resolution with the entire New Mexico delegation calling on the Congress to recognize the historical significance of Santa Fe and calling on the People of the United States to observe the anniversary with appropriate ceremonies and activities.

Mr. BINGAMAN

Mr. BINGAMAN. 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 Water and Power of the Committee on Energy and Natural Resources. The hearing will be held on July 23, 2009, at 2:30 p.m. in room 366 of the Dirksen Senate Office Building in Washington, DC. The purpose of the hearing is to receive testimony on the following bills: S. 637, Dry-Redwater Regional Water Authority System Act of 2009; S. 789, Tule River Tribe Water Development Act; S. 1080. A bill to clarify the jurisdiction of the Secretary of the Interior with respect to the C.C. Cragin Dam and Reservoir, and for other purposes; and S. 1453. To amend Public Law 106-392 to maintain annual base funding for the Bureau of Reclamation for the Upper Colorado River and San Juan fish recovery programs through fiscal year 2023. 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 Gina Weinstock@energy.senate .gov. For further information, please contact Tanya Trujillo at (202) 224- 5479 or Gina Weinstock at (202) 224-5684.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, today I am pleased to introduce the Bureau of Reclamation Fish Recovery Programs Reauthorization Act of 2009 with my colleagues Senator Udall of New Mexico, Senator Udall of Colorado, Senator Bennet, Senator Bennett, and Senator Hatch. This bill will extend the Bureau of Reclamation's authorization to provide cost sharing for capital construction and annual operations from 2011 through 2023 for the Upper Colorado and San Juan River Basin endangered fish recovery programs. The programs have the dual goals of recovering federally listed endangered fish species in the Upper Colorado River basin while allowing water development and management activities to proceed in compliance with state laws, interstate compacts and the federal Endangered Species Act. The programs have substantial support from the Upper Basin states of New Mexico, Colorado, Wyoming and Utah, the Navajo Nation, the Jicarilla Apache Nation, the Southern Ute Tribe, and the Ute Mountain Tribe. Other water users, power customers and environmental organizations are also active participants in the programs. The Fish and Wildlife Service, the Bureau of Reclamation, the National Park Service and Western Area Power Administration also participate in the programs. All of the partners contribute significantly to the success of the programs. Since 2000, the Bureau of Reclamation has been authorized to utilize revenues generated from Colorado River Storage Project Act projects as base funding for operation and maintenance of capital projects, monitoring and research to evaluate the need for, and effectiveness of, any recovery action, and for general program management. This bill extends the Bureau of Reclamation's authority to provide annual base funding for the programs through 2023 which coincides with the term of the existing Cooperative Agreements for the recovery programs and the expected date of recovery for certain species covered by the programs. The annual base funding contributes significantly to the successful implementation of the recovery actions in both programs. Currently the Bureau of Reclamation's ability to use such funding will expire in 2011. If the expiration date is not extended, the annual base funding will be significantly reduced which would likely delay or impede the success of the recovery programs. The original authorizing legislation has been extended most recently through Section 9107 of the Omnibus Public Land Management Act of 2009, P.L. 111-11, and the amendments proposed by this bill would ensure that the Bureau of Reclamation's authorization for base funding coincides with the other authorizing provisions in P.L. 106-392. I hope my colleagues will work with me and the bi-partisan group of cosponsors to help ensure that the recovery goals of the San Juan and Upper Colorado River Basin Recovery Programs can continue to be met. I therefore urge my colleagues to support this legislation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, today I am pleased to introduce the Bureau of Reclamation Fish Recovery Programs Reauthorization Act of 2009 with my colleagues Senator Udall of New Mexico, Senator Udall of Colorado, Senator Bennet, Senator Bennett, and Senator Hatch. This bill will extend the Bureau of Reclamation's authorization to provide cost sharing for capital construction and annual operations from 2011 through 2023 for the Upper Colorado and San Juan River Basin endangered fish recovery programs. The programs have the dual goals of recovering federally listed endangered fish species in the Upper Colorado River basin while allowing water development and management activities to proceed in compliance with state laws, interstate compacts and the federal Endangered Species Act. The programs have substantial support from the Upper Basin states of New Mexico, Colorado, Wyoming and Utah, the Navajo Nation, the Jicarilla Apache Nation, the Southern Ute Tribe, and the Ute Mountain Tribe. Other water users, power customers and environmental organizations are also active participants in the programs. The Fish and Wildlife Service, the Bureau of Reclamation, the National Park Service and Western Area Power Administration also participate in the programs. All of the partners contribute significantly to the success of the programs. Since 2000, the Bureau of Reclamation has been authorized to utilize revenues generated from Colorado River Storage Project Act projects as base funding for operation and maintenance of capital projects, monitoring and research to evaluate the need for, and effectiveness of, any recovery action, and for general program management. This bill extends the Bureau of Reclamation's authority to provide annual base funding for the programs through 2023 which coincides with the term of the existing Cooperative Agreements for the recovery programs and the expected date of recovery for certain species covered by the programs. The annual base funding contributes significantly to the successful implementation of the recovery actions in both programs. Currently the Bureau of Reclamation's ability to use such funding will expire in 2011. If the expiration date is not extended, the annual base funding will be significantly reduced which would likely delay or impede the success of the recovery programs. The original authorizing legislation has been extended most recently through Section 9107 of the Omnibus Public Land Management Act of 2009, P.L. 111-11, and the amendments proposed by this bill would ensure that the Bureau of Reclamation's authorization for base funding coincides with the other authorizing provisions in P.L. 106-392. I hope my colleagues will work with me and the bi-partisan group of cosponsors to help ensure that the recovery goals of the San Juan and Upper Colorado River Basin Recovery Programs can continue to be met. I therefore urge my colleagues to support this legislation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before Committee on Energy and Natural Resources Subcommittee on National Parks. The hearing will be held on Wednesday, July 22, 2009, 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. 635, to amend the Wild and Scenic Rivers Act to designate a segment of Illabot Creek in Skagit County, Washington, as a component of the National Wild and Scenic Rivers System; S. 715, to establish a pilot program to provide for the preservation and rehabilitation of historic lighthouses; S. 742, to expand the boundary of the Jimmy Carter National Historic Site in the State of Georgia, to redesignate the unit as a National Historical Park, and for other purposes; S. 1270, to modify the boundary of the Oregon Caves National Monument, and for other purposes; S.1418 and H.R. 2330, to direct the Secretary of the Interior to carry out a study to determine the suitability and feasibility of establishing Camp Hale as a unit of the National Park System; and H.R. 2430, to direct the Secretary of the Interior to continue stocking fish in certain lakes in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. 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 anna_fox@energy.senate.gov. For further information, please contact David Brooks at (202) 224- 9863 or Anna Fox at (202) 224-1219.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before Committee on Energy and Natural Resources Subcommittee on National Parks. The hearing will be held on Wednesday, July 15, 2009, 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. 227, to establish the Harriet Tubman National Historical Park in Auburn, New York, and the Harriet Tubman Underground Railroad National Historical Park in Caroline, Dorchester, and Talbot Counties, Maryland, and for other purposes; S. 625, to authorize the Secretary of the Interior to establish the Waco Mammoth National Monument in the State of Texas; S. 853, to designate additional segments and tributaries of White Clay Creek, in the States of Delaware and Pennsylvania, as a component of the National Wild and Scenic Rivers System; S. 1053, to amend the National Law Enforcement Museum Act to extend the termination date; S. 1117, to authorize the Secretary of the Interior to provide assistance in implementing cultural heritage, conservation, and recreational activities in the Connecticut River watershed of the States of New Hampshire and Vermont; S. 1168 and H.R. 1694, to authorize the acquisition and protection of nationally significant battlefields and associated sites of the Revolutionary War and the War of 1812 under the American Battlefield Protection Program; and H.R. 714, to authorize the Secretary of the Interior to lease certain lands in Virgin Islands National Park, 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 anna_fox@energy.senate.gov. For further information, please contact David Brooks at (202) 224- 9863 or Anna Fox at (202) 224-1219. Committee on Energy and Natural Resources Mr. BINGAMAN: Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before the Committee on Energy and Natural Resources. The hearing will be held on Tuesday, July 21, 2008, at 10 a.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to consider the preparedness of Federal land management agencies for the 2009 wildfire season and to receive testimony on S. 561 and H.R. 1404, the Federal Land Assistance, Management and Enhancement 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 anna_fox@energy.senate.gov. For further information, please contact Anna Fox at (202) 224-1219 or Scott Miller at 202-2245488.

Mr. BINGAMAN

Mr. BINGAMAN. 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, July 9, 2009, at 2 p.m., in room SD-366 of the Dirksen Senate Office Building. The purpose of the hearing is to consider the nominations of Wilma A. Lewis, to be an Assistant Secretary of the Interior, Richard G. Newell, to be Administrator of the Energy Information Administration, and Robert V. Abbey, to be Director of the Bureau of Land Management. 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 Amanda_Kelly@energy .senate.gov. For further information, please contact Sam Fowler at (202) 224-7571 or Amanda Kelly at (202) 224-6836.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, twice in the last 2 weeks I have asked a unanimous consent to proceed to consider Calendar No. 97. I would like to do that again at this time. We have advised the Republican side of the aisle I will be doing that, so I will proceed with that at this point. Mr. President, I ask unanimous consent that the Senate proceed to executive session to consider Calendar No. 97, the nomination of Hilary Chandler Tompkins to be the Solicitor of the Department of the Interior, that the nomination be confirmed, that the motion to reconsider be laid on the table, that no further motions be in order, that any statements relating to the nomination be printed in the Record, that upon confirmation the President be immediately notified of the Senate's action, and that the Senate then resume legislative session.

Mr. BINGAMAN. Mr. President, let me comment briefly. I regret objection has been raised again. This nomination was reported out of our Energy and Natural Resources Committee on April 30. Of course, we are now at June 17. There was no testimony at our committee hearing or no suggestion made by anybody that Ms. Tompkins was not qualified for this position. Clearly, she is qualified and well qualified for this position. She has served in important positions in our State government in New Mexico. She is, by education and experience, eminently qualified to be the Solicitor. I also point out to my colleagues, she is the first Native American to be nominated by the President to be the Solicitor for the Department of the Interior, and she is the second woman in the history of this country to be nominated to be the Solicitor of the Department of the Interior. This is an extremely important position. Secretary Salazar is trying very hard to put together a team of people who can help him to do the job of Secretary of Interior, and he needs a person in this Solicitor's office he can depend upon. He has chosen her to be that person. To my mind, it is unacceptable for us to continue denying him the choice he has made, and the choice President Obama has made, for the Solicitor's office. It is very unfair to Ms. Tompkins to be denying her this position. Frankly, I have great difficulty understanding why she was singled out. There have been a great many nominees who have come before the Senate in the last couple of months in connection with the Department of the Interior responsibilities. Why we would be singling her out and holding her up while others have been approved I have great difficulty understanding. My colleagues say they need additional time. Frankly, I cannot understand what the additional time relates to. I know of no questions that need to be looked at. I know of no objections that have been raised to her nomination. I hope that if there is anything, any additional investigation or question that continues to exist on the Republican side, they would resolve that here in the next day or two so we can complete this nomination and get on with other business. But this is a very unfair situation with regard to this nominee. In my view, there is no justification for it. I know the Presiding Officer, Senator Udall, and I will continue to pursue this repeatedly over the coming days until this matter is resolved and she can be confirmed. I believe that once permission is given for her nomination to be voted on, she will be overwhelmingly confirmed. That is as it should be. But due to the arcane rules that we operate under in the Senate, the Republican Members have chosen to hold up this nomination very unfairly, in my view, and I think we will have to revisit it again in the next few days. Mr. President, I yield the floor and suggest the absence of a quorum.

Mr. BINGAMAN

Mr. BINGAMAN. Mr. President, I ask unanimous consent that Robert Burnham and Terri Chen of my office be granted the privilege of the floor for the pendency of S. 1023, the travel promotion bill.