[Congressional Record Volume 144, Number 140 (Thursday, October 8, 1998)]
[Senate]
[Pages S12059-S12061]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ENERGY CONSERVATION REAUTHORIZATION ACT OF 1998

  Mr. JEFFORDS. Mr. President, I ask the Chair lay before the Senate 
message from the House of Representatives on the bill (S. 417) to 
extend energy conservation programs under the Energy Policy and 
Conservation Act through September 30, 2002.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

       Resolved, That the bill from the Senate (S. 417) entitled 
     ``An Act to extend energy conservation programs under the 
     Energy Policy and Conservation Act through September 30, 
     2002'', do pass with the following amendments:
Strike out all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Energy Conservation 
     Reauthorization Act of 1998''.

     SEC. 2. ENERGY POLICY AND CONSERVATION ACT AMENDMENTS.

       (a) State Energy Conservation Program.--Section 365(f) of 
     the Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is 
     amended to read as follows:
       ``(f) For the purpose of carrying out this part, there are 
     authorized to be appropriated for fiscal years 1999 through 
     2003 such sums as may be necessary.''.
       (b) Schools and Hospitals.--Section 397 the Energy Policy 
     and Conservation Act (42 U.S.C. 6371f) is amended to read as 
     follows:


                   ``authorization of appropriations

       ``Sec. 397. For the purpose of carrying out this part, 
     there are authorized to be appropriated for fiscal years 1999 
     through 2003 such sums as may be necessary.''.

     SEC. 3. ENERGY CONSERVATION AND PRODUCTION ACT AMENDMENT.

       Section 422 of the Energy Conservation and Production Act 
     (42 U.S.C. 6872) is amended to read as follows:


                   ``authorization of appropriations

       ``Sec. 422. For the purpose of carrying out the 
     weatherization program under this part, there are authorized 
     to be appropriated for fiscal years 1999 through 2003 such 
     sums as may be necessary.''.

     SEC. 4. ENERGY SAVINGS PERFORMANCE CONTRACTS.

       (a) Sunset.--Section 801(c) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287(c)) is amended by 
     striking ``five years after'' and all that follows through 
     ``subsection (b)'' and inserting ``on October 1, 2003''.
       (b) Definition.--Section 804(1) of the National Energy 
     Conservation Policy Act (42 U.S.C. 8287c(1)) is amended to 
     read as follows:
       ``(1) The term `Federal agency' means each authority of the 
     Government of the United States, whether or not it is within 
     or subject to review by another agency.''.

     SEC. 5. TECHNICAL AMENDMENTS.

       (a) Energy Policy and Conservation Act.--The Energy Policy 
     and Conservation Act is amended--
       (1) in the table of contents--
       (A) by striking ``Sec. 301.'' and all that follows through 
     ``Reports to Congress.'.'';
       (B) by striking ``efficiency'' and inserting 
     ``conservation'' in the item relating to section 325;
       (C) by striking ``and private labelers'' in the item 
     relating to section 326;
       (D) by striking the items relating to part E of title III;
       (E) by inserting after the items relating to part I of 
     title III the following:

           ``Part J--Encouraging the Use of Alternative Fuels

``Sec. 400AA. Alternative fuel use by light duty Federal vehicles.
``Sec. 400BB. Alternative fuels truck commercial application program.
``Sec. 400CC. Alternative fuels bus program.
``Sec. 400DD. Interagency Commission on Alternative Motor Fuels.
``Sec. 400EE. Studies and reports.'';
       (F) by inserting ``Environmental'' after ``Energy Supply 
     and'' in the item relating to section 505; and
       (G) by striking the item relating to section 527;
       (2) in section 321(1) (42 U.S.C. 6291(1))--
       (A) by striking ``section 501(1) of the Motor Vehicle 
     Information and Cost Savings Act'' and inserting ``section 
     32901(a)(3) of title 49, United States Code''; and
       (B) by striking the second period at the end thereof;
       (3) in section 322(b)(2)(A) (42 U.S.C. 6292(b)(2)(A)) by 
     inserting close quotation marks after ``type of product'';
       (4) in section 324(a)(2)(C)(ii) (42 U.S.C. 
     6294(a)(2)(C)(ii)) by striking ``section 325(j)'' and 
     inserting ``section 325(i)'';
       (5) in section 325 (42 U.S.C. 6295)--
       (A) by striking ``paragraphs'' in subsection (e)(4)(A) and 
     inserting ``paragraph''; and
       (B) by striking ``Ballasts;'' in the heading of subsection 
     (g) and inserting ``Ballasts'';
       (6) in section 336(c)(2) (42 U.S.C. 6306(c)(2)) by striking 
     ``section 325(k)'' and inserting ``section 325(n)'';
       (7) in section 345(c) (42 U.S.C. 6316(c)) by inserting 
     ``standard'' after ``meets the applicable'';
       (8) in section 362 (42 U.S.C. 6322)--
       (A) by inserting ``of'' after ``of the implementation'' in 
     subsection (a)(1); and
       (B) by striking ``subsection (g)'' and inserting 
     ``subsection (f)(2)'' in subsection (d)(12);
       (9) in section 391(2)(B) (42 U.S.C. 6371(2)(B)) by striking 
     the period at the end and inserting a semicolon;
       (10) in section 394(a) (42 U.S.C. 6371c(a))--
       (A) by striking the commas at the end of paragraphs (1), 
     (3), and (5) and inserting semicolons;
       (B) by striking the period at the end of paragraph (2) and 
     inserting a semicolon; and
       (C) by striking the colon at the end of paragraph (6) and 
     inserting a semicolon;
       (11) in section 400 (42 U.S.C. 6371i) by striking ``(a)'';
       (12) in section 400D(a) (42 U.S.C. 6372c(a)) by striking 
     the commas at the end of paragraphs (1), (2), and (3) and 
     inserting semicolons;
       (13) in section 400I(b) (42 U.S.C. 6372h(b)) by striking 
     ``Secretary shall,'' and inserting ``Secretary shall'';
       (14) in section 400AA (42 U.S.C. 6374) by redesignating 
     subsection (i) as subsection (h);
       (15) in section 503 (42 U.S.C. 6383)--
       (A) by striking ``with repect to'' and inserting ``with 
     respect to'' in subsection (b); and
       (B) by striking ``controlling'' and inserting ``, 
     controlling,'' in subsection (c)(1); and
       (16) in section 552(d)(5)(A) (42 U.S.C. 6422(d)(5)(A)) by 
     striking ``notion'' and inserting ``motion''.
       (b) Energy Conservation and Production Act.--The Energy 
     Conservation and Production Act is amended--
       (1) in the table of contents--
       (A) by striking ``rules and regulations'' and inserting 
     ``regulations and rulings'' in the item relating to section 
     106; and
       (B) by striking the item relating to section 207 and 
     inserting the following:

``Sec. 207. State utility regulatory assistance.
``Sec. 208. Authorization of appropriations.'';

     and

       (2) in section 202 (42 U.S.C. 6802) by striking ``(b) 
     Definitions.--''.
       (c) National Energy Conservation Policy Act.--The National 
     Energy Conservation Policy Act is amended--
       (1) in the table of contents--
       (A) by striking ``, installation, and financing'' and 
     inserting ``and installation'' in the item relating to 
     section 216;
       (B) by striking ``Ratings'' and inserting ``Rating 
     Guidelines'' in the item relating to part 6 of title II;
       (C) by striking the item relating to section 304; and
       (D) by striking ``goals'' and inserting ``requirements'' in 
     the item relating to section 543;
       (2) in section 216(d)(1)(C) (42 U.S.C. 8217(d)(1)(C)) by 
     striking ``explictly'' and inserting ``explicitly'';
       (3) in section 251(b)(1) (42 U.S.C. 8231(b)(1))--
       (A) by striking ``National Housing Act to projects'' and 
     inserting ``National Housing Act) to projects''; and
       (B) by striking ``accure'' and inserting ``accrue'';
       (4) in section 266 (42 U.S.C. 8235e) by striking ``(17 
     U.S.C.'' and inserting ``(15 U.S.C.''; and
       (5) in section 551(8) (42 U.S.C. 8259(8)) by striking 
     ``goethermal'' and inserting ``geothermal''.

     SEC. 6. MATERIALS ALLOCATION AUTHORITY EXTENSION.

       Section 104(b) of the Energy Policy and Conservation Act is 
     amended by striking ``(1) The authority'' and all that 
     follows through ``(2)''.

     SEC. 7. BIODIESEL FUEL USE CREDITS.

       (a) Amendment.--Title III of the Energy Policy Act of 1992 
     (42 U.S.C. 13211-13219) is amended by adding at the end the 
     following new section:

     ``SEC. 312. BIODIESEL FUEL USE CREDITS.

       ``(a) Allocation of Credits.--
       ``(1) In general.--The Secretary shall allocate one credit 
     under this section to a fleet or covered person for each 
     qualifying volume of the biodiesel component of fuel 
     containing at least 20 percent biodiesel by volume purchased 
     after the date of the enactment of this section for use by 
     the fleet or covered person in vehicles owned or operated by 
     the fleet or covered person that weigh more than 8,500 pounds 
     gross vehicle weight rating.
       ``(2) Exceptions.--No credits shall be allocated under 
     paragraph (1) for a purchase of biodiesel--
       ``(A) for use in alternative fueled vehicles; or
       ``(B) that is required by Federal or State law.
       ``(3) Authority to modify percentage.--The Secretary may, 
     by rule, lower the 20 percent biodiesel volume requirement in 
     paragraph (1) for reasons related to cold start, safety, or 
     vehicle function considerations.
       ``(4) Documentation.--A fleet or covered person seeking a 
     credit under this section shall provide written documentation 
     to the Secretary supporting the allocation of a credit to 
     such fleet or covered person under paragraph (1).
       ``(b) Use of Credits.--
       ``(1) In general.--At the request of a fleet or covered 
     person allocated a credit under subsection (a), the Secretary 
     shall, for the year in which the purchase of a qualifying 
     volume is made, treat that purchase as the acquisition of one 
     alternative fueled vehicle the fleet or covered person is 
     required to acquire under this title, title IV, or title V.
       ``(2) Limitation.--Credits allocated under subsection (a) 
     may not be used to satisfy more than 50 percent of the 
     alternative fueled vehicle

[[Page S12060]]

     requirements of a fleet or covered person under this title, 
     title IV, and title V. This paragraph shall not apply to a 
     fleet or covered person that is a biodiesel alternative fuel 
     provider described in section 501(a)(2)(A).
       ``(c) Credit Not a Section 508 Credit.--A credit under this 
     section shall not be considered a credit under section 508.
       ``(d) Issuance of Rule.--The Secretary shall, before 
     January 1, 1999, issue a rule establishing procedures for the 
     implementation of this section.
       ``(e) Collection of Data.--The Secretary shall collect such 
     data as are required to make a determination described in 
     subsection (f)(2)(B).
       ``(f) Definitions.--For purposes of this section--
       ``(1) the term `biodiesel' means a diesel fuel substitute 
     produced from nonpetroleum renewable resources that meets the 
     registration requirements for fuels and fuel additives 
     established by the Environmental Protection Agency under 
     section 211 of the Clean Air Act; and
       ``(2) the term `qualifying volume' means--
       ``(A) 450 gallons; or
       ``(B) if the Secretary determines by rule that the average 
     annual alternative fuel use in light duty vehicles by fleets 
     and covered persons exceeds 450 gallons or gallon 
     equivalents, the amount of such average annual alternative 
     fuel use.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Energy Policy Act of 1992 is amended by adding at the end 
     of the items relating to title III the following new item:

``Sec. 312. Biodiesel fuel use credits.''.

     SEC. 8. REPORT CONCERNING COMPLIANCE WITH ALTERNATIVE FUEL 
                   VEHICLE PURCHASING REQUIREMENTS.

       (a) In General.--Section 310 of the Energy Policy Act of 
     1992 (42 U.S.C. 13218) is amended--
       (1) by striking the heading and inserting the following:

     ``SEC. 310. REPORTS.'';

       (2) by inserting ``(a) General Service Administration 
     Program Report.--'' before ``Not later than''; and
       (3) by adding at the end the following:
       ``(b) Compliance Report.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this subsection, and annually thereafter for the 
     next 14 years, the head of each Federal agency which is 
     subject to this Act and Executive Order No. 13031 shall 
     prepare, and submit to Congress, a report that--
       ``(A) summarizes the compliance by such Federal agency with 
     the alternative fuel purchasing requirements for Federal 
     fleets under this Act and Executive Order No. 13031; and
       ``(B) includes a plan of compliance that contains specific 
     dates for achieving compliance using reasonable means.
       ``(2) Contents.--
       ``(A) In general.--Each report submitted under paragraph 
     (1) shall include--
       ``(i) any information on any failure to meet statutory 
     requirements or requirements under Executive Order No. 13031;
       ``(ii)(I) any plan of compliance that the agency head is 
     required to submit under Executive Order No. 13031; or
       ``(II) if a plan of compliance referred to in subclause (I) 
     does not contain specific dates by which the Federal agency 
     is to achieve compliance, a revised plan of compliance that 
     contains specific dates for achieving compliance; and
       ``(iii) any related information the agency head is required 
     to submit to the Director of the Office of Management and 
     Budget under Executive Order No. 13031.
       ``(B) Penultimate report.--The penultimate report submitted 
     under paragraph (1) shall include an announcement that the 
     report for the next year shall be the final report submitted 
     under paragraph (1).
       ``(3) Public dissemination of report.--Each report 
     submitted under paragraph (1) shall be made public, 
     including--
       ``(A) placing such report on a publicly available website 
     on the Internet; and
       ``(B) publishing the availability of the report, including 
     such website address, in the Federal Register.''.
       (b) Clerical Amendment.--The table of contents for the 
     Energy Policy Act of 1992 contained in section 1(b) of that 
     Act (106 Stat. 2776 et. seq.) is amended by striking the item 
     relating to section 310 and inserting the following:

``Sec. 310. Reports.''.

       Amend the title so as to read: ``An Act to extend certain 
     programs under the Energy Policy and Conservation Act and the 
     Energy Conservation and Production Act, and for other 
     purposes.''.


                           Amendment No. 3793

  Mr. JEFFORDS. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendments, with a further amendment which is at 
the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The legislative clerk read as follows:.

       The Senator from Vermont [Mr. Jeffords], for Mr. Murkowski, 
     for himself and Mr. Akaka, proposed an amendment numbered 
     3793.

  Mr. JEFFORDS. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

       At the end, insert the following:

     SEC. 9. PURCHASES FROM STRATEGIC PETROLEUM RESERVE BY 
                   ENTITIES IN INSULAR AREAS OF UNITED STATES AND 
                   FREELY ASSOCIATED STATES.

       (a) Section 161 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6241) is amended by adding at the end the 
     following:
       ``(j) Purchases From Strategic Petroleum Reserve by 
     Entities in Insular Areas of United States and Freely 
     Associated States.--
       ``(1) Definitions.--In this subsection:
       ``(A) Binding offer.--The term `binding offer' means a bid 
     submitted by the State of Hawaii for an assured award of a 
     specific quantity of petroleum product, with a price to be 
     calculated pursuant to paragraph (2) of this subsection, that 
     obligates the offeror to take title to the petroleum product 
     without further negotiation or recourse to withdraw the 
     offer.
       ``(B) Category of petroleum product.--The term `category of 
     petroleum product' means a master line item within a notice 
     of sale.
       ``(C) Eligible entity.--The term `eligible entity' means an 
     entity that owns or controls a refinery that is located 
     within the State of Hawaii.
       ``(D) Full tanker load.--The term `full tanker load' means 
     a tanker of approximately 700,000 barrels of capacity, or 
     such lesser tanker capacity as may be designated by the State 
     of Hawaii.
       ``(E) Insular area.--The term `insular area' means the 
     Commonwealth of Puerto Rico, the Commonwealth of the Northern 
     Mariana Islands, the United States Virgin Islands, Guam, 
     American Samoa, the Freely Associated States of the Republic 
     of the Marshall Islands, the Federated States of Micronesia, 
     and the Republic of Palau.
       ``(F) Offering.--The term `offering' means a solicitation 
     for bids for a quantity or quantities of petroleum product 
     from the Strategic Petroleum Reserve as specified in the 
     notice of sale.
       ``(G) Notice of sale.--The term `notice of sale' means the 
     document that announces--
       ``(i) the sale of Strategic Petroleum Reserve products;
       ``(ii) the quantity, characteristics, and location of the 
     petroleum product being sold;
       ``(iii) the delivery period for the sale; and
       ``(iv) the procedures for submitting offers.
       ``(2) In general.--In the case of an offering of a quantity 
     of petroleum product during a drawdown of the Strategic 
     Petroleum Reserve--
       ``(A) the State of Hawaii, in addition to having the 
     opportunity to submit a competitive bid, may--
       ``(i) submit a binding offer, and shall on submission of 
     the offer, be entitled to purchase a category of a petroleum 
     product specified in a notice of sale at a price equal to the 
     volumetrically weighted average of the successful bids made 
     for the remaining quantity of the petroleum product within 
     the category that is the subject of the offering; and
       ``(ii) submit 1 or more alternative offers, for other 
     categories of the petroleum product, that will be binding if 
     no price competitive contract is awarded for the category of 
     petroleum product on which a binding offer is submitted under 
     clause (i); and
       ``(B) at the request of the Governor of the State of 
     Hawaii, a petroleum product purchased by the State of Hawaii 
     at a competitive sale or through a binding offer shall have 
     first preference in scheduling for lifting.
       ``(3) Limitation on quantity.--
       ``(A) In general.--In administering this subsection, in the 
     case of each offering, the Secretary may impose the 
     limitation described in subparagraph (B) or (C) that results 
     in the purchase of the lesser quantity of petroleum product.
       ``(B) Portion of quantity of previous imports.--The 
     Secretary may limit the quantity of a petroleum product that 
     the State of Hawaii may purchase through a binding offer at 
     any offering to \1/12\ of the total quantity of imports of 
     the petroleum product brought into the State during the 
     previous year (or other period determined by the Secretary to 
     be representative).
       ``(C) Percentage of offering.--The Secretary may limit the 
     quantity that may be purchased through binding offers at any 
     offering to 3 percent of the offering.
       ``(4) Adjustments.--
       ``(A) In general.--Notwithstanding any limitation imposed 
     under paragraph (3), in administering this subsection, in the 
     case of each offering, the Secretary shall, at the request of 
     the Governor of the State of Hawaii, or an eligible entity 
     certified under paragraph (7), adjust the quantity to be sold 
     to the State of Hawaii in accordance with this paragraph.
       ``(B) Upward adjustment.--The Secretary shall adjust upward 
     to the next whole number increment of a full tanker load if 
     the quantity to be sold is--
       ``(i) less than 1 full tanker load; or
       ``(ii) greater than or equal to 50 percent of a full tanker 
     load more than a whole number increment of a full tanker load
       ``(C) Downward adjustment.--The Secretary shall adjust 
     downward to the next whole number increment of a full tanker 
     load if the quantity to be sold is less than 50 percent of 
     a full tanker load more than a whole number increment of a 
     full tanker load.
       ``(5) Delivery to other locations.--The State of Hawaii may 
     enter into an exchange or a processing agreement that 
     requires delivery to other locations, if a petroleum product 
     of similar value or quantity is delivered to the State of 
     Hawaii.
       ``(6) Standard sales provisions.--Except as otherwise 
     provided in this Act, the Secretary may require the State of 
     Hawaii to

[[Page S12061]]

     comply with the standard sales provisions applicable to 
     purchasers of petroleum product at competitive sales.
       ``(7) Eligible entities.--
       ``(A) In general.--Subject to subparagraphs (B) and (C) and 
     notwithstanding any other provision of this paragraph, if the 
     Governor of the State of Hawaii certifies to the Secretary 
     that the State has entered into an agreement with an eligible 
     entity to carry out this Act, the eligible entity may act on 
     behalf of the State of Hawaii to carry out this subsection.
       ``(B) Limitation.--The Governor of the State of Hawaii 
     shall not certify more than I eligible entity under this 
     paragraph for each notice of sale.
       ``(C) Barred company.--If the Secretary has notified the 
     Governor of the State of Hawaii that a company has been 
     barred from bidding (either prior to, or at the time that a 
     notice of sale is issued), the Governor shall not certify the 
     company under this paragraph.
       ``(7) Supplies of petroleum products.--At the request of 
     the governor of an insular area, the Secretary shall, for a 
     period not to exceed 180 days following a drawdown of the 
     Strategic Petroleum Reserve, assist the insular area or the 
     President of a Freely Associated State in its efforts to 
     maintain adequate supplies of petroleum products from 
     traditional and non-traditional suppliers.''.
       (b) Regulations.--
       (1) In general.--The Secretary of Energy shall issue such 
     regulations as are necessary to carry out the amendment made 
     by subsection (a).
       (2) Administrative procedure.--Regulations issued to carry 
     out the amendment made by subsection (a) shall not be subject 
     to--
       (A) section 523 of the Energy Policy and Conservation Act 
     (42 U.S.C. 6393); or
       (B) section 501 of the Department of Energy Organization 
     Act (42 U.S.C. 7191).
       (c) Effective Date.--The amendment made by subsection (a) 
     takes effect on the earlier of--
       (1) the date that is 180 days after the date of enactment 
     of this Act; or
       (2) the date that final regulations are issued under 
     subsection (a).

     SEC. 10. INDIAN ENERGY RESOURCE DEVELOPMENT.

       Section 2603 of the Energy Policy Act of 1992 (25 U.S.C. 
     3503) is amended in subsection (c) by striking ``and 1997'' 
     each place it appears and inserting ``1999, 2000, 2001, 2002 
     and 2003'' in lieu thereof.

     SEC. 11. REMEDIAL ACTION.

       (a) Section 1001(b)(2)(C) of the Energy Policy Act of 1992 
     (42 U.S.C. 2296a) is amended by striking ``$65,000,000'' and 
     inserting ``$140,000,000''.
       (b) Section 1003(a) of such Act (42 U.S.C. 2296a-2) is 
     amended by striking ``$415,000,000'' and inserting 
     ``$490,000,000''.
       (c) Section 1802(a) of the Atomic Energy Act of 1954 (42 
     U.S.C. 2297g-1) is amended by striking ``$480,000,000'' and 
     inserting ``$488,333,333''.

                          ____________________