2003 MID-YEAR REPORT:
THE SENATE ENERGY BILL

By Peter S. Winokur

IEEE-USA Congressional Fellow
(Office of Senator Harry Reid)

This is my third year working for Senator Harry Reid, the minority Whip or assistant democratic leader in the Senate. I'm the Senator's Energy & Transportation Advisor. I'm staffing the senator on the Energy bill again this year and it's been a wild ride. I also do transportation appropriations and policy, which has been a learning experience. The most constant part of my job is growth and learning. There's so much to learn, especially when you get new assignments.

The House passed an Energy bill early this year, but the Senate was locked in a stalemate on the morning of Thursday, August 31. The night before the leader sent the bill back to committee because the prospects for getting the bill done in any reasonable amount of time seemed unlikely. The leaders traded barbs on the floor about who was at fault. The Democratic leader suggested that the Senate simply pass last year's bipartisan Energy bill. To the shock of just about everyone, the Republican leadership said "OK, let's pass last year's bill." The rest of the day was spent "clearing" the bill on both sides of the aisle. The Senate runs by unanimous consent. That means any Senator can object and place a "hold" on any piece of legislation. Although the leaders agreed to consider last year's Energy bill, they still needed 51 republican, 48 democrat, and 1 independent Senator to agree to the deal. In the end, the bill was agreed to, but several senators were promised that (1) certain provisions would prevail in "conference," (2) they would be given an opportunity for amendments without second-degrees on a "must-pass" appropriations bill, or (3) they would be promised several hours of floor debate and an "up-and-down" vote on a standalone piece of legislation. Remember, this is the U.S. Senate that runs by unanimous consent, so getting the commitment of leadership to vote on a bill is a big deal, especially since members prefer to avoid a recorded vote on difficult, contentious issues.

Who really won? It's hard to say. Did the Democrats win because the republicans were forced to accept a bill democrats crafted?. Did the Republicans win because they now had a bill to take to conference that they can easily change. In fact, Senator Domenici, Chairman of the House-Senate conference committee on the Energy bill, immediately went public stating he would discard the bill that just passed the Senate and substitute the bill reported out of his committee this year. At the time, it still seemed that getting a bill out of a House-Senate conference was going to be a daunting task, so it might not matter.

Then we had the power blackout in the northeast and the bill became real. Legislation is driven by the needs and interests of the American people. When 50 million people in North America lost power to their homes and businesses in mid August, something had to be done. I'm writing this article the day after Hurricane Isabel has swept through the DC area. Four million people in the region are without power and it's a real hardship. Nobody knows what the bill that emerges from conference will look like or if it can pass the Senate. Many folks feel that issues like drilling in the Arctic National Wildlife Refuge, higher fuel efficiency standards for cars, relicensing of dams, and nuclear power subsidies remain too contentious and that Congress should pass a standalone bill that simply deals with electricity, but that would take the steam out efforts to pass a comprehensive Energy bill. Whatever bill emerges from conference, it may be filibustered, so the republicans are going to need 60 votes to pass the legislation.

I have truly enjoyed working on transportation. One of the bills I'm working on reauthorizes the Federal Aviation Administration (FAA), which provides for airport infrastructure and related security. These important programs will expire at the end of September, so we need a bill. We passed a great bill in the Senate. They passed a great bill in the House. So, what went wrong? Well, the conference committee that reconciles the House and Senate bills decided to color outside the lines. They included a provision in the conference report that "privatizes" 69 air traffic control towers that use visual flight rules. They did this to please the Administration, but it isn't pleasing democrats in the Senate who cried "foul!" Democrats feel that privatizing the air traffic control function will compromise safety. Why did the government accept responsibility for screening of airline baggage only to turn around and turn the air traffic control system over to private industry?

At this time, the conference report on the FAA bill is stalled in House, but not because of the privatization issue. The "appropriators," i.e., the "cardinals" in the House, say the bill is beyond repair. The bill attempts to place a cap on the number of airport screeners and sets aside an Airport Security Fund of $250 million for explosives detection systems. The "appropriators" consider both of these provisions to be under their purview and outside the jurisdiction of the authorizing committees. Last week, democrats in the Senate introduced a simple, clean substitute bill that will reauthorize the FAA for 6 months. We need a bill.

Each year, the Congress must pass 13 appropriations bills by October 1. Last year, we didn't get the job done until March of the next year -- about 6 months late. This year, with Republicans controlling both the Senate and House, the expectation was these bills would be completed in a more timely manner. Republicans expect to send three of bills to the President this week. It's 3rd down and 10 to go, and many bills haven't passed the Senate yet. Congress will pass a Continuing Resolution to keep the government operating in the new fiscal year, and I expect the Senate will be in session until Thanksgiving finishing its work. Nevada has many exciting transportation projects including a monorail down the Las Vegas strip, light rail, new rapid bus service, and even plans for a 300 mph magnetic-levitation train. Our main airport in Las Vegas, McCarran International, screens more passengers than any airport except LAX, Los Angeles International. Last year, Las Vegas was visited by 36 million people. Drop by and see the city and its incredible growth. The Transportation Appropriations bill has been reported out of committee, but has yet to make it to the Senate floor.

Senator Reid is the Ranking Member on the Environment and Public Works subcommittee on Transportation & Infrastructure. As such, he is working with the majority to reauthorize the Transportation Equity Act, which provides a framework for transportation projects over the next six years. It's been tough sledding since the Congress wants considerably more money for the transportation infrastructure than the Administration. The House wants $375 billion, while Administration is proposing a price tag of $240 billion. Congressman Young, the powerful head of House Transportation & Infrastructure Committee wants an increase in the gas tax, indexed to inflation, to pay for the difference. Neither the House nor Senate can pass this bill, so look for a 6-month extension.

Senator Reid is in "cycle" meaning he's up for re-election in 2004. The tone of the office changed the week after the November '02 elections, especially in light of the drubbing that democrats took at the polls and their poor showing in Nevada. Getting re-elected is job 1. Nevada is an increasingly Republican state and the Senator's elections in the past have been razor close. In fact, he defeated Senator Ensign, who was subsequently elected in 2000, by only 428 votes in 1998. But the Senator has a much stronger team and his main challenger, Congressman Gibbons, has decided not to run. Nobody's taking anything for granted, so the campaign is in full gear. Many folks in the office will eventually go out to the state to support the campaign. If you're a fellow interested in the legislative process, don't work for a Senator when they're up for re-election.

We always pay a great deal of attention to constituent matters. We answer every letter the office receives within a two-week window. We now pay even more attention to the letters. We devote a great deal of effort arranging events in the state to highlights the Senator's accomplishments and contributions to the state. The legislative shop plays an important role in promoting the Senator in the state. Events are often planned around appropriations and important policy issues.

I will be on Senator Reid's staff for one more year, four years in all. This will take me through his re-election campaign. Most staffers only stay on the Hill a few years. I now know why. It's a heady job, but one of constant stress. It's a little different on the committees where folks tend to be career oriented and stay longer, but it's hard to take the grind in a personal office, day in and day out, with policy and constituent matters. Hill staffers are underpaid, their salaries are a matter of public record. Many have just finished law school and have some big loans to pay off, but an opportunity to work on the Hill can't be passed up and there are potential rewards down the road. Many of the staffers who befriended me in my first year on the Hill are saying goodbye. They are dedicated workers who go to to join important public interest groups -- Sierra Club, National Resources Defense Council, etc. -- and others join lobby shops who value their expertise and know how. Many lobbyists I talk to say -- "I used to work for so and so." It's a get in and talk to me card. One of the most valuable things I have is my Rolodex with staffers and lobbyists, who are often quite expert on an issue. Among the lobbyists, I have one or two go-to folks who are a treasure of information and honest, even-handed advice.

When the campaign ends, I expect the Senator to be reelected. I expect he will be the Democratic leader some day. He is a gifted legislator and a man of integrity who is respected on both sides of the aisle. I expect many people in the office to be gone at the end of 2004. It's a natural point of departure. Many folks who helped out in the state will end up in the DC office. As George Harrison said, "All things must pass." Many of the staff will be gone at the end of 2004. And so will I.

The Institute of Electrical and Electronics Engineers - United States of America