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December 2007

Dear Fellow Citizens,

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I hope you all have a joyous holiday with friends and family. My best wishes to you for the New Year.

In the waning days of 2007, there was a sudden flurry of legislative action to report to you. Just as many of us feared that the successful filibustering and other tactics of the Republican minority and the President would completely shut down the Senate, as I reported in my November newsletter, we were able this month to pass a number of pressing legislative matters before the end of the 1st Session of the 110th Congress.

  • Energy Independence. The Senate passed by a vote of 89-8 the 2007 Energy bill (see more below). The Energy Bill increases the fuel efficiency of U.S. cars for the first time in over 30 years, makes major investments in renewable energy to protect the U.S. from overdependence on foreign oil, grows our economy, promotes new energy efficiency and conservation measures, and targets ways to begin reducing emissions that contribute to global warming. As The New York Times reports, the potential benefits resulting form the bill include “reducing the nation’s dependence on oil and the emissions of gases that contribute to global warming...The end result, if it worked, would be the sort of energy transformation that was promised in the 1970s and 1980s, until government and industry lost their motivation when oil prices plummeted.” A broad tax incentives package to spur the development of alternative forms of energy, paid for by repeal of certain tax breaks enjoyed by the country’s five largest oil companies, and a national 15% renewable electricity standard were not included in the final version of the Energy Bill in the wake of the President’s veto threat and failure to garner the necessary Senate Republican support to retain these measures.
  • Farm Bill. The Senate passed by a vote of 79-14 its version of the 2007 Farm Bill. 67% of the Farm Bill’s funding goes toward domestic food security, hunger, nutrition and school lunch programs that serve predominantly urban areas. The remainder of this year’s Farm Bill contains a robust renewable energy title I fought hard to help craft, as well as rural development programs, the strongest land, water, air, wildlife habitat and open space conservation program reauthorization in the bill’s history, a crackdown on illegal logging, and the agricultural assistance programs for our farmers and ranchers, which have been reformed in this Farm Bill to address waste, fraud and abuses in eligibility in farm assistance payments.
  • Defense. The Senate passed by a vote of 90-3 the final 2008 Defense Authorization House-Senate conference report (more details below). Among other things, this bill speeds the growth of the Army and Marine Corps beyond the goals of the President, adds $1 billion more than requested to replace equipment for our National Guard and Reserve that has been sent to Iraq; bans permanent bases in Iraq; establishes a commission on wartime contracting to address potential waste, fraud and abuse; beefs up counterterrorist operations along the Afghan-Pakistani border, provides for an across-the-board 3.5% pay raise for our uniformed troops (opposed by the President), and significantly expands health care for our returning soldiers.
  • AMT Relief. The Senate voted to protect approximately 26 million middle class American taxpayers from becoming subject to the alternative minimum tax, although we could not overcome the President and his congressional allies’ opposition to paying for this protection.
  • Soldier/Veteran Tax Relief. The Senate passed H.R. 3997, legislation providing over $1 billion in tax relief for our troops, veterans and their employers. I helped introduce the Senate version of this bill, which was incorporated into the final bill passed by the Senate. The bill provides $1.2 billion (paid for) in tax relief over ten years for service members and veterans, as well as tax assistance for employers who must provide differential payments to any employee who is called up for active duty.
  • Mortgage Crisis. In an effort to address the growing housing/mortgage crisis the Senate passed legislation that expands the FHA’s loan guarantee authority to provide better rates and terms as an alternative to the riskier subprime loan industry, and authorizes the offer of refinancing to homeowners struggling to meet their mortgage payment in the wake of the home mortgage meltdown. At the same time, the Senate Finance Committee, on which I serve, approved a targeted tax relief package eliminating the tax on mortgage debt forgiveness. Currently, debt forgiveness constitutes income for tax purposes, resulting in a high tax bill for those homeowners who have had their mortgage debts forgiven. Our tax package creates an exception from paying this tax on mortgage debt forgiveness for primary residences from 2007 thru 2009.
  • Peru Trade Agreement. The Senate approved the U.S.-Peru Trade Promotion Agreement by a vote of 77-18. I voted for the agreement because I believe that we cannot ignore the need to expand into foreign markets. It is also in our best interests to establish greater trading ties with the nations of the Western Hemisphere without sacrificing important U.S. principles. Importantly, for my support, the Peru trade deal incorporates a bipartisan May agreement to ensure that the playing field is fair by doing our best to hold our trading partners to the same environmental and labor standards that American businesses must meet, and to strictly enforce those standards.
  • Open Government. In response to the abysmal secretive operations that have become the hallmark of this Administration, we passed legislation to toughen the Freedom of Information Act and penalize government agencies that fail to surrender public documents on time. The bill speeds the process of releasing government documents pursuant to FOIA requests, and broadens the information available to the public, including additional government contracting information. We were able to overcome a Senate Republican hold on the bill.
  • Children’s Health Care. Congress passed legislation extending the federal children’s health care program (S-CHIP) at current levels through March 2009 after the President twice vetoed bills to provide health care to more of our nation’s children.

Congress also passed an FY 2008 Omnibus Appropriations bill, combining 11 of the 12 annual spending measures required each year (the 12th, Defense Appropriations, was signed earlier this year by the President) after minority Senators successfully blocked Senate consideration of several of the individual appropriations bills. We did not prevail on some of our spending priorities, because of the inability to win over the required 20% of Senate Republicans and the President’s threats to veto the separate appropriations bills. But we were able to change some of the budget priorities over the President’s objections, for example: $3.7 billion more for veterans health care; $613 million more for medical research; $3 billion more for student financial aid, K-12 education, and vocational education; $486 million more for developing energy independence; $788 million more for heating energy assistance; $1.6 billion more for highway and bridge repairs; $1.2 billion more for law enforcement assistance; $1.8 billion more for local government homeland security assistance.

In the first six years, the President did not veto a single appropriations bill, accepting domestic discretionary spending increases from Republican-controlled Congresses that averaged 7% a year. This year the President insisted on spending growth of 4% at most. This Omnibus bill includes an approximately 1% increase in domestic spending.

The Omnibus bill also contains $31 billion for military operations in Afghanistan and $40 billion in interim spending in Iraq, less than the $300 billion the President requested. The President vowed to veto this omnibus bill absent some additional Iraq funds, and had enough congressional Republican votes to make the veto stick, resulting in a likely shutdown of the federal government. In fact, Senate Republicans blocked a move (cloture) to consider the omnibus bill without Iraq funds, thus breaking the Senate’s two-year record for cloture votes in just one year. The previous record of 61 in a two-year term was set in 2001-02, the last time Republicans were in the minority in the Senate. An effort to tie the Iraq funds to a mandatory redeployment of most troops in nine months was rejected, 71-24. I voted against this, consistent with my past votes. A second proposal calling for the transition of combat troops to more limited missions by the end of next year was defeated 50-45 (it required 60 votes). I voted for this proposal, again consistent with my past votes on this issue.

The following is an update on some of my activities in December.

Colorado Appropriations. The Omnibus Appropriations bill includes several Colorado projects and programs I was able to successfully preserve from the various individual appropriations bills that had been stalled by the minority. The following is but a sample of the CO projects and programs I obtained funding for in the omnibus bill: construction at the Fitzsimons VA Hospital; bus and bus facilities around the state; regional Drug Task Forces, tribal law enforcement and judicial assistance, the Denver Gang Bureau; school safety programs; hospital construction, health care research, and expansion of health care services; Mesa Verde National Park boundary expansion; historic preservation sites; highway projects near Lamar, Denver metro region and elsewhere; local airport upgrades; homeless veteran housing; wastewater treatment improvements; Fountain Creek watershed study; Arkansas Valley Conduit; Animas La Plata water project; recreation development projects at Chatfield, Cherry Creek and Trinidad State Parks; and chemical weapon destruction at Pueblo Chemical Depot.

Military Installation Encroachment. I previously reported to you my efforts to ensure that the missions of Colorado’s military installations are not impeded by encroaching development. Air Force Secretary Wynne responded to a letter I sent to him regarding this issue, replying that “we [the Air Force] have embraced your suggestion to test our strategy in Colorado and have taken several positive steps to make this a reality.” At my recommendation, the Air Force will now initiate a pilot encroachment program and establish a “Front Range Combined Military Comprehensive Planning Group” to address this issue affecting our military installations. I also successfully added an amendment to the 2008 Defense Authorization bill to strengthen the Pentagon’s encroachment protection efforts.

Pinon Canyon. The Omnibus Appropriations bill includes an amendment pushed by Reps. John Salazar, Marilyn Musgrave and myself setting a one-year moratorium on the Army’s Pinon Canyon expansion plans. The Defense Authorization Act includes an amendment I offered requiring the Army to justify why it needs to expand Pinon Canyon at all.

Other Colorado Defense Authorization Items. In addition to the Pinon Canyon and military encroachment provisions, the Defense Authorization bill includes other Colorado provisions I successfully added: Expanding access to Paralympics programs for wounded veterans, setting a hard deadline for chemical weapons destruction at Pueblo Chemical Depot, providing better training for helicopter pilots at the High Altitude Training Aviation Site in Gypsum; and language requiring the Defense Department to create a plan for the uncertain future of Cheyenne Mountain/NORAD.

Fort Carson as Army’s Crown Jewel. In a letter to the Secretary of the Army, I urged the selection of Fort Carson as a home for an additional brigade (the Army has been considering where to locate five additional combat brigades). On December 19, the Army notified me that it will be sending an additional brigade to the post by 2011. I believe Fort Carson, with existing resources, is better able than other Army installations to support the training needs of another brigade.

Homeland Security. In response to the Bush Administration’s leaked budget plans to eliminate millions of dollars in homeland security grant programs to state and local first responders, I wrote to President Bush expressing my opposition to these proposed cuts. The homeland security grant program is the largest source of homeland security resources for training, planning and equipping state and local first responders. It makes no sense to slash these funds when we require our first responders to be ready to defend our homeland and respond to a crisis.

Energy Bill. Among the provisions contained in the Energy Bill that I authored or promoted are: provisions to increase biofuels production and make cellulosic biofuels a reality; a national assessment of the capacity to store carbon dioxide; accelerate advances in carbon sequestration technology; development of plug-in hybrid vehicles; major energy efficiency improvements to lighting, appliances, buildings and industrial equipment; and the 25 x 25 resolution, a goal that 25% of the nation’s energy should come from renewable resources by 2025.

Wind Energy. During floor debate on the Farm Bill, I successfully helped lead the effort to defeat
(79-14) an amendment by Sen. Alexander (R-TN) that would have undermined the small wind energy tax credit I fought to include in the bill. My wind tax credit provision makes small wind technologies more accessible to homeowners, ranchers, farmers and small business owners by creating a 30% investment tax credit (up to $4,000) for the installation of small wind systems, the first wind energy federal tax credit in more than 20 years.

Conservation Easements. There has been much recent public discussion regarding federal and Colorado state investigations into allegations of fraud and misconduct in connection with the conservation easement transactions. Senator Allard joined me in a letter to the IRS in an effort to ensure the federal investigations are both timely and fair. Colorado is the singular national leader in conservation easements. We want to ensure that the bad apples abusing the conservation easement program are swiftly dealt with and the legal cloud surrounding valid easements is addressed.

Oil Shale Development. I joined forces with Representatives John Salazar and Mark Udall to ensure that language was included in the omnibus appropriations bill prohibiting the Bureau of Land Management (BLM) from issuing any final regulations for commercial-scale leasing of oil shale and from offering any commercial oil shale leases during fiscal year 2008, and directing the Interior Department and BLM to cooperate more fully with the State of Colorado and address the concerns and input from state and local governments before finalizing proposed commercial oil shale leasing regulations. These actions are a judicious approach to oil shale development and will help Western Slope communities better avoid the unfortunate bust that comes from an unchecked boom on commercial leasing. This moratorium is intended to ensure a more rational approach to oil shale development.

As always, for more information on my Senate activities in Colorado and in Washington, I urge you to visit my website at salazar.senate.gov.

 

Sincerely,


Ken Salazar
U.S. Senator
 
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