[Congressional Record Volume 147, Number 122 (Wednesday, September 19, 2001)]
[Senate]
[Pages S9514-S9547]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1570. Mr. DORGAN (for himself and Mr. Campbell) proposed an 
amendment to the bill H.R. 2590, making appropriations for the Treasury 
Department, the United States Postal Service, the Executive Office of 
the President, and certain Independent Agencies, for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Treasury 
     Department, the United States Postal Service, the Executive 
     Office of the President, and certain Independent Agencies, 
     for the fiscal year ending September 30, 2002, and for other 
     purposes, namely:

                  TITLE I--DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

       For necessary expenses of the Departmental Offices 
     including operation and maintenance of the Treasury Building 
     and Annex; hire of passenger motor vehicles; maintenance, 
     repairs, and improvements of, and purchase of commercial 
     insurance policies for, real properties leased or owned 
     overseas, when necessary for the performance of official 
     business; not to exceed $3,500,000 for official travel 
     expenses; not to exceed $3,813,000, to remain available until 
     expended for information technology modernization 
     requirements; not to exceed $150,000 for official reception 
     and representation expenses; not to exceed $258,000 for 
     unforeseen emergencies of a confidential nature, to be 
     allocated and expended under the direction of the Secretary 
     of the Treasury and to be accounted for solely on his 
     certificate, $187,322,000: Provided, That the Office of 
     Foreign Assets Control shall be funded at no less than 
     $19,732,000: Provided further, That of these amounts 
     $2,900,000 is available for grants to State and local law 
     enforcement groups to help fight money laundering.

        Department-Wide Systems and Capital Investments Programs


                     (including transfer of funds)

       For development and acquisition of automatic data 
     processing equipment, software, and services for the 
     Department of the Treasury, $69,028,000, to remain available 
     until expended: Provided, That these funds shall be 
     transferred to accounts and in amounts as necessary to 
     satisfy the requirements of the Department's offices, 
     bureaus, and other organizations: Provided further, That this 
     transfer authority shall be in addition to any other transfer 
     authority provided in this Act: Provided further, That none 
     of the funds appropriated shall be used to support or 
     supplement the Internal Revenue Service appropriations for 
     Information Systems.

                      Office of Inspector General


                         salaries and expenses

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, not to exceed $2,000,000 for official 
     travel expenses, including hire of passenger motor vehicles; 
     and not to exceed $100,000 for unforeseen emergencies of a 
     confidential nature, to be allocated and expended under the 
     direction of the Inspector General of the Treasury, 
     $35,150,000.

           Treasury Inspector General for Tax Administration


                         salaries and expenses

       For necessary expenses of the Treasury Inspector General 
     for Tax Administration in carrying out the Inspector General 
     Act of 1978, as amended, including purchase (not to exceed 
     150 for replacement only for police-type use) and hire of 
     passenger motor vehicles (31 U.S.C. 1343(b)); services 
     authorized by

[[Page S9515]]

     5 U.S.C. 3109, at such rates as may be determined by the 
     Inspector General for Tax Administration; not to exceed 
     $6,000,000 for official travel expenses; and not to exceed 
     $500,000 for unforeseen emergencies of a confidential nature, 
     to be allocated and expended under the direction of the 
     Inspector General for Tax Administration, $123,799,000.

           Treasury Building and Annex Repair and Restoration

       For the repair, alteration, and improvement of the Treasury 
     Building and Annex, $32,932,000, to remain available until 
     expended.

                 Expanded Access to Financial Services


                              (rescission)

       Of the funds appropriated under this heading in the 
     Department of Transportation and Related Agencies 
     Appropriations Act, 2001 (as enacted into law by Public Law 
     106-346), $8,000,000 are rescinded effective September 30, 
     2001.

                  Financial Crimes Enforcement Network


                         salaries and expenses

       For necessary expenses of the Financial Crimes Enforcement 
     Network, including hire of passenger motor vehicles; travel 
     expenses of non-Federal law enforcement personnel to attend 
     meetings concerned with financial intelligence activities, 
     law enforcement, and financial regulation; not to exceed 
     $14,000 for official reception and representation expenses; 
     and for assistance to Federal law enforcement agencies, with 
     or without reimbursement, $45,702,000, of which not to exceed 
     $3,400,000 shall remain available until September 30, 2004; 
     and of which $7,790,000 shall remain available until 
     September 30, 2003: Provided, That funds appropriated in this 
     account may be used to procure personal services contracts.

                         Counterterrorism Fund

       For necessary expenses, as determined by the Secretary, 
     $44,879,000, to remain available until expended, to reimburse 
     any Department of the Treasury organization for the costs of 
     providing support to counter, investigate, or prosecute 
     terrorism, including payment of rewards in connection with 
     these activities: Provided, That any amount provided under 
     this heading shall be available only after the advance 
     approval of the Committees on Appropriations.

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For necessary expenses of the Federal Law Enforcement 
     Training Center, as a bureau of the Department of the 
     Treasury, including materials and support costs of Federal 
     law enforcement basic training; purchase (not to exceed 52 
     for police-type use, without regard to the general purchase 
     price limitation) and hire of passenger motor vehicles; for 
     expenses for student athletic and related activities; 
     uniforms without regard to the general purchase price 
     limitation for the current fiscal year; the conducting of and 
     participating in firearms matches and presentation of awards; 
     for public awareness and enhancing community support of law 
     enforcement training; not to exceed $11,500 for official 
     reception and representation expenses; room and board for 
     student interns; and services as authorized by 5 U.S.C. 3109, 
     $106,317,000, of which $650,000 shall be available for an 
     interagency effort to establish written standards on 
     accreditation of Federal law enforcement training; and of 
     which up to $17,166,000 for materials and support costs of 
     Federal law enforcement basic training shall remain available 
     until September 30, 2004: Provided, That the Center is 
     authorized to accept and use gifts of property, both real and 
     personal, and to accept services, for authorized purposes, 
     including funding of a gift of intrinsic value which shall be 
     awarded annually by the Director of the Center to the 
     outstanding student who graduated from a basic training 
     program at the Center during the previous fiscal year, which 
     shall be funded only by gifts received through the Center's 
     gift authority: Provided further, That notwithstanding any 
     other provision of law, students attending training at any 
     Federal Law Enforcement Training Center site shall reside in 
     on-Center or Center-provided housing, insofar as available 
     and in accordance with Center policy: Provided further, That 
     funds appropriated in this account shall be available, at the 
     discretion of the Director, for the following: training 
     United States Postal Service law enforcement personnel and 
     Postal police officers; State and local government law 
     enforcement training on a space-available basis; training of 
     foreign law enforcement officials on a space-available basis 
     with reimbursement of actual costs to this appropriation, 
     except that reimbursement may be waived by the Secretary for 
     law enforcement training activities in foreign countries 
     undertaken pursuant to section 801 of the Antiterrorism and 
     Effective Death Penalty Act of 1996, Public Law 104-32; 
     training of private sector security officials on a space-
     available basis with reimbursement of actual costs to this 
     appropriation; and travel expenses of non-Federal personnel 
     to attend course development meetings and training sponsored 
     by the Center: Provided further, That the Center is 
     authorized to obligate funds in anticipation of 
     reimbursements from agencies receiving training sponsored by 
     the Federal Law Enforcement Training Center, except that 
     total obligations at the end of the fiscal year shall not 
     exceed total budgetary resources available at the end of the 
     fiscal year: Provided further, That the Federal Law 
     Enforcement Training Center is authorized to provide training 
     for the Gang Resistance Education and Training program to 
     Federal and non-Federal personnel at any facility in 
     partnership with the Bureau of Alcohol, Tobacco and Firearms: 
     Provided further, That the Federal Law Enforcement Training 
     Center is authorized to provide short-term medical services 
     for students undergoing training at the Center.


     Acquisition, Construction, Improvements, and Related Expenses

       For expansion of the Federal Law Enforcement Training 
     Center, for acquisition of necessary additional real property 
     and facilities, and for ongoing maintenance, facility 
     improvements, and related expenses, $33,434,000, to remain 
     available until expended.

                      Interagency Law Enforcement


                 Interagency Crime and Drug Enforcement

       For expenses necessary to conduct investigations and 
     convict offenders involved in organized crime drug 
     trafficking, including cooperative efforts with State and 
     local law enforcement, as it relates to the Treasury 
     Department law enforcement violations such as money 
     laundering, violent crime, and smuggling, $106,965,000, of 
     which $7,827,000 shall remain available until expended.

                      Financial Management Service


                         Salaries and Expenses

       For necessary expenses of the Financial Management Service, 
     $212,316,000, of which not to exceed $9,220,000 shall remain 
     available until September 30, 2004, for information systems 
     modernization initiatives; and of which not to exceed $2,500 
     shall be available for official reception and representation 
     expenses.

                Bureau of Alcohol, Tobacco and Firearms


                         Salaries and Expenses

       For necessary expenses of the Bureau of Alcohol, Tobacco 
     and Firearms, including purchase of not to exceed 812 
     vehicles for police-type use, of which 650 shall be for 
     replacement only, and hire of passenger motor vehicles; hire 
     of aircraft; services of expert witnesses at such rates as 
     may be determined by the Director; for payment of per diem 
     and/or subsistence allowances to employees where a major 
     investigative assignment requires an employee to work 16 
     hours or more per day or to remain overnight at his or her 
     post of duty; not to exceed $20,000 for official reception 
     and representation expenses; for training of State and local 
     law enforcement agencies with or without reimbursement, 
     including training in connection with the training and 
     acquisition of canines for explosives and fire accelerants 
     detection; not to exceed $50,000 for cooperative research and 
     development programs for Laboratory Services and Fire 
     Research Center activities; and provision of laboratory 
     assistance to State and local agencies, with or without 
     reimbursement, $821,421,000, of which $3,500,000 shall be 
     available for retrofitting and upgrades of the National 
     Tracing Center Facility in Martinsburg, West Virginia; of 
     which not to exceed $1,000,000 shall be available for the 
     payment of attorneys' fees as provided by 18 U.S.C. 
     924(d)(2); of which up to $2,000,000 shall be available for 
     the equipping of any vessel, vehicle, equipment, or aircraft 
     available for official use by a State or local law 
     enforcement agency if the conveyance will be used in joint 
     law enforcement operations with the Bureau of Alcohol, 
     Tobacco and Firearms and for the payment of overtime salaries 
     including Social Security and Medicare, travel, fuel, 
     training, equipment, supplies, and other similar costs of 
     State and local law enforcement personnel, including sworn 
     officers and support personnel, that are incurred in joint 
     operations with the Bureau of Alcohol, Tobacco and Firearms, 
     and of which $16,000,000, to remain available until expended, 
     shall be available for disbursements through grants, 
     cooperative agreements or contracts to local governments for 
     Gang Resistance Education and Training: Provided, That no 
     funds made available by this or any other Act may be used to 
     transfer the functions, missions, or activities of the Bureau 
     of Alcohol, Tobacco and Firearms to other agencies or 
     Departments in fiscal year 2002: Provided further, That no 
     funds appropriated herein shall be available for salaries or 
     administrative expenses in connection with consolidating or 
     centralizing, within the Department of the Treasury, the 
     records, or any portion thereof, of acquisition and 
     disposition of firearms maintained by Federal firearms 
     licensees: Provided further, That no funds appropriated 
     herein shall be used to pay administrative expenses or the 
     compensation of any officer or employee of the United States 
     to implement an amendment or amendments to 27 CFR 178.118 or 
     to change the definition of ``Curios or relics'' in 27 CFR 
     178.11 or remove any item from ATF Publication 5300.11 as it 
     existed on January 1, 1994: Provided further, That none of 
     the funds appropriated herein shall be available to 
     investigate or act upon applications for relief from Federal 
     firearms disabilities under 18 U.S.C. 925(c): Provided 
     further, That such funds shall be available to investigate 
     and act upon applications filed by corporations for relief 
     from Federal firearms disabilities under 18 U.S.C. 925(c): 
     Provided further, That no funds under this Act may be used to 
     electronically retrieve information gathered pursuant to 18 
     U.S.C. 923(g)(4) by name or any personal identification code.

[[Page S9516]]

                     United States Customs Service


                         Salaries and Expenses

       For necessary expenses of the United States Customs 
     Service, including purchase and lease of up to 1,050 motor 
     vehicles of which 550 are for replacement only and of which 
     1,030 are for police-type use and commercial operations; hire 
     of motor vehicles; contracting with individuals for personal 
     services abroad; not to exceed $40,000 for official reception 
     and representation expenses; and awards of compensation to 
     informers, as authorized by any Act enforced by the United 
     States Customs Service, $2,022,453,000, of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985, as amended (19 U.S.C. 
     58c(f)(3)), shall be derived from that Account; of the total, 
     not to exceed $150,000 shall be available for payment for 
     rental space in connection with preclearance operations; not 
     to exceed $4,000,000 shall be available until expended for 
     research; of which not less than $100,000 shall be available 
     to promote public awareness of the child pornography tipline; 
     of which not less than $200,000 shall be available for 
     Project Alert; not to exceed $5,000,000 shall be available 
     until expended for conducting special operations pursuant to 
     19 U.S.C. 2081; not to exceed $8,000,000 shall be available 
     until expended for the procurement of automation 
     infrastructure items, including hardware, software, and 
     installation; and not to exceed $5,000,000 shall be available 
     until expended for repairs to Customs facilities: Provided, 
     That uniforms may be purchased without regard to the general 
     purchase price limitation for the current fiscal year: 
     Provided further, That notwithstanding any other provision of 
     law, the fiscal year aggregate overtime limitation prescribed 
     in subsection 5(c)(1) of the Act of February 13, 1911 (19 
     U.S.C. 261 and 267) shall be $30,000.


                   HARBOR MAINTENANCE FEE COLLECTION

                     (Including Transfer of funds)

       For administrative expenses related to the collection of 
     the Harbor Maintenance Fee, pursuant to Public Law 103-182, 
     $3,000,000, to be derived from the Harbor Maintenance Trust 
     Fund and to be transferred to and merged with the Customs 
     ``Salaries and Expenses'' account for such purposes.


  operation, maintenance and procurement, air and marine interdiction 
                                programs

       For expenses, not otherwise provided for, necessary for the 
     operation and maintenance of marine vessels, aircraft, and 
     other related equipment of the Air and Marine Programs, 
     including operational training and mission-related travel, 
     and rental payments for facilities occupied by the air or 
     marine interdiction and demand reduction programs, the 
     operations of which include the following: the interdiction 
     of narcotics and other goods; the provision of support to 
     Customs and other Federal, State, and local agencies in the 
     enforcement or administration of laws enforced by the Customs 
     Service; and, at the discretion of the Commissioner of 
     Customs, the provision of assistance to Federal, State, and 
     local agencies in other law enforcement and emergency 
     humanitarian efforts, $172,637,000, which shall remain 
     available until expended: Provided, That no aircraft or other 
     related equipment, with the exception of aircraft which is 
     one of a kind and has been identified as excess to Customs 
     requirements and aircraft which has been damaged beyond 
     repair, shall be transferred to any other Federal agency, 
     department, or office outside of the Department of the 
     Treasury, during fiscal year 2002 without the prior approval 
     of the Committee on Appropriations.


                        Automation Modernization

       For expenses not otherwise provided for Customs automated 
     systems, $357,832,000, to remain available until expended, of 
     which $5,400,000 shall be for the International Trade Data 
     System, and not less than $230,000,000 shall be for the 
     development of the Automated Commercial Environment: 
     Provided, That none of the funds appropriated under this 
     heading may be obligated for the Automated Commercial 
     Environment until the United States Customs Service prepares 
     and submits to the Committee on Appropriations a plan for 
     expenditure that: (1) meets the capital planning and 
     investment control review requirements established by the 
     Office of Management and Budget, including OMB Circular A-11, 
     part 3; (2) complies with the United States Customs Service's 
     Enterprise Information Systems Architecture; (3) complies 
     with the acquisition rules, requirements, guidelines, and 
     systems acquisition management practices of the Federal 
     Government; (4) is reviewed and approved by the Customs 
     Investment Review Board, the Department of the Treasury, and 
     the Office of Management and Budget; and (5) is reviewed by 
     the General Accounting Office: Provided further, That none of 
     the funds appropriated under this heading may be obligated 
     for the Automated Commercial Environment until that 
     expenditure plan has been approved by the Committee on 
     Appropriations.

                       Bureau of the Public Debt


                     administering the public debt

       For necessary expenses connected with any public-debt 
     issues of the United States, $191,718,000, of which not to 
     exceed $15,000 shall be available for official reception and 
     representation expenses, and of which not to exceed 
     $2,000,000 shall remain available until expended for systems 
     modernization: Provided, That the sum appropriated herein 
     from the General Fund for fiscal year 2002 shall be reduced 
     by not more than $4,400,000 as definitive security issue fees 
     and Treasury Direct Investor Account Maintenance fees are 
     collected, so as to result in a final fiscal year 2002 
     appropriation from the General Fund estimated at 
     $187,318,000. In addition, $40,000, to be derived from the 
     Oil Spill Liability Trust Fund to reimburse the Bureau for 
     administrative and personnel expenses for financial 
     management of the Fund, as authorized by section 1012 of 
     Public Law 101-380; and in addition, to be appropriated from 
     the General Fund, such sums as may be necessary for 
     administrative expenses in association with the South Dakota 
     Trust Fund and the Cheyenne River Sioux Tribe Terrestrial 
     Wildlife Restoration and Lower Brule Sioux Tribe Terrestrial 
     Restoration Trust Fund, as authorized by sections 603(f) and 
     604(f) of Public Law 106-53.

                        Internal Revenue Service


                 Processing, Assistance, and Management

       For necessary expenses of the Internal Revenue Service for 
     pre-filing taxpayer assistance and education, filing and 
     account services, shared services support, general management 
     and administration; and services as authorized by 5 U.S.C. 
     3109, at such rates as may be determined by the Commissioner, 
     $3,786,347,000, of which up to $3,950,000 shall be for the 
     Tax Counseling for the Elderly Program, of which $8,000,000 
     shall be available for low-income taxpayer clinic grants, and 
     of which not to exceed $25,000 shall be for official 
     reception and representation expenses.


                          Tax Law Enforcement

       For necessary expenses of the Internal Revenue Service for 
     determining and establishing tax liabilities; providing 
     litigation support; conducting criminal investigation and 
     enforcement activities; securing unfiled tax returns; 
     collecting unpaid accounts; conducting a document matching 
     program; resolving taxpayer problems through prompt 
     identification, referral and settlement; compiling statistics 
     of income and conducting compliance research; purchase (for 
     police-type use, not to exceed 850) and hire of passenger 
     motor vehicles (31 U.S.C. 1343(b)); and services as 
     authorized by 5 U.S.C. 3109, at such rates as may be 
     determined by the Commissioner, $3,535,198,000, of which not 
     to exceed $1,000,000 shall remain available until September 
     30, 2004, for research.


             earned income tax credit compliance initiative

       For funding essential earned income tax credit compliance 
     and error reduction initiatives pursuant to section 5702 of 
     the Balanced Budget Act of 1997 (Public Law 105-33), 
     $146,000,000, of which not to exceed $10,000,000 may be used 
     to reimburse the Social Security Administration for the costs 
     of implementing section 1090 of the Taxpayer Relief Act of 
     1997.


                          Information Systems

       For necessary expenses of the Internal Revenue Service for 
     information systems and telecommunications support, including 
     developmental information systems and operational information 
     systems; the hire of passenger motor vehicles (31 U.S.C. 
     1343(b)); and services as authorized by 5 U.S.C. 3109, at 
     such rates as may be determined by the Commissioner, 
     $1,563,249,000 which shall remain available until September 
     30, 2003.


                     BUSINESS SYSTEMS MODERNIZATION

       For necessary expenses of the Internal Revenue Service, 
     $419,593,000, to remain available until September 30, 2004, 
     for the capital asset acquisition of information technology 
     systems, including management and related contractual costs 
     of said acquisitions, including contractual costs associated 
     with operations authorized by 5 U.S.C. 3109: Provided, That 
     none of these funds may be obligated until the Internal 
     Revenue Service submits to the Committees on Appropriations, 
     and such Committees approve, a plan for expenditure that (1) 
     meets the capital planning and investment control review 
     requirements established by the Office of Management and 
     Budget, including Circular A-11, part 34; (2) complies with 
     the Internal Revenue Service's enterprise architecture, 
     including the modernization blueprint; (3) conforms with the 
     Internal Revenue Service's enterprise life cycle methodology; 
     (4) is approved by the Internal Revenue Service, the 
     Department of the Treasury, and the Office of Management and 
     Budget; (5) has been reviewed by the General Accounting 
     Office; and (6) complies with the acquisition rules, 
     requirements, guidelines, and systems acquisition management 
     practices of the Federal Government.


          administrative provisions--internal revenue service

       Sec. 101. Not to exceed 5 percent of any appropriation made 
     available in this Act to the Internal Revenue Service may be 
     transferred to any other Internal Revenue Service 
     appropriation upon the advance approval of the Committees on 
     Appropriations.
       Sec. 102. The Internal Revenue Service shall maintain a 
     training program to ensure that Internal Revenue Service 
     employees are trained in taxpayers' rights, in dealing 
     courteously with the taxpayers, and in cross-cultural 
     relations.
       Sec. 103. The Internal Revenue Service shall institute and 
     enforce policies and procedures that will safeguard the 
     confidentiality of taxpayer information.
       Sec. 104. Funds made available by this or any other Act to 
     the Internal Revenue Service shall be available for improved 
     facilities

[[Page S9517]]

     and increased manpower to provide sufficient and effective 1-
     800 help line service for taxpayers. The Commissioner shall 
     continue to make the improvement of the Internal Revenue 
     Service 1-800 help line service a priority and allocate 
     resources necessary to increase phone lines and staff to 
     improve the Internal Revenue Service 1-800 help line service.

                      United States Secret Service


                         salaries and expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 745 vehicles for police-
     type use, of which 541 shall be for replacement only, and 
     hire of passenger motor vehicles; purchase of American-made 
     side-car compatible motorcycles; hire of aircraft; training 
     and assistance requested by State and local governments, 
     which may be provided without reimbursement; services of 
     expert witnesses at such rates as may be determined by the 
     Director; rental of buildings in the District of Columbia, 
     and fencing, lighting, guard booths, and other facilities on 
     private or other property not in Government ownership or 
     control, as may be necessary to perform protective functions; 
     for payment of per diem and/or subsistence allowances to 
     employees where a protective assignment during the actual day 
     or days of the visit of a protectee require an employee to 
     work 16 hours per day or to remain overnight at his or her 
     post of duty; the conducting of and participating in firearms 
     matches; presentation of awards; for travel of Secret Service 
     employees on protective missions without regard to the 
     limitations on such expenditures in this or any other Act if 
     approval is obtained in advance from the Committees on 
     Appropriations; for research and development; for making 
     grants to conduct behavioral research in support of 
     protective research and operations; not to exceed $25,000 for 
     official reception and representation expenses; not to exceed 
     $100,000 to provide technical assistance and equipment to 
     foreign law enforcement organizations in counterfeit 
     investigations; for payment in advance for commercial 
     accommodations as may be necessary to perform protective 
     functions; and for uniforms without regard to the general 
     purchase price limitation for the current fiscal year, 
     $899,615,000, of which $1,633,000 shall be available for 
     forensic and related support of investigations of missing and 
     exploited children, and of which $2,554,000 shall be 
     available as a grant for activities related to the 
     investigations of exploited children and shall remain 
     available until expended: Provided, That up to $18,000,000 
     provided for protective travel shall remain available until 
     September 30, 2003.


     acquisition, construction, improvements, and related expenses

       For necessary expenses of construction, repair, alteration, 
     and improvement of facilities, $3,352,000, to remain 
     available until expended.

             General Provisions--Department of the Treasury

       Sec. 110. Any obligation or expenditure by the Secretary of 
     the Treasury in connection with law enforcement activities of 
     a Federal agency or a Department of the Treasury law 
     enforcement organization in accordance with 31 U.S.C. 
     9703(g)(4)(B) from unobligated balances remaining in the Fund 
     on September 30, 2002, shall be made in compliance with 
     reprogramming guidelines.
       Sec. 111. Appropriations to the Department of the Treasury 
     in this Act shall be available for uniforms or allowances 
     therefor, as authorized by law (5 U.S.C. 5901), including 
     maintenance, repairs, and cleaning; purchase of insurance for 
     official motor vehicles operated in foreign countries; 
     purchase of motor vehicles without regard to the general 
     purchase price limitations for vehicles purchased and used 
     overseas for the current fiscal year; entering into contracts 
     with the Department of State for the furnishing of health and 
     medical services to employees and their dependents serving in 
     foreign countries; and services authorized by 5 U.S.C. 3109.
       Sec. 112. The funds provided to the Bureau of Alcohol, 
     Tobacco and Firearms for fiscal year 2002 in this Act for the 
     enforcement of the Federal Alcohol Administration Act shall 
     be expended in a manner so as not to diminish enforcement 
     efforts with respect to section 105 of the Federal Alcohol 
     Administration Act.
       Sec. 113. Not to exceed 2 percent of any appropriations in 
     this Act made available to the Federal Law Enforcement 
     Training Center, Financial Crimes Enforcement Network, Bureau 
     of Alcohol, Tobacco and Firearms, United States Customs 
     Service, Interagency Crime and Drug Enforcement, and United 
     States Secret Service may be transferred between such 
     appropriations upon the advance approval of the Committees on 
     Appropriations. No transfer may increase or decrease any such 
     appropriation by more than 2 percent.
       Sec. 114. Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices, Office 
     of Inspector General, Treasury Inspector General for Tax 
     Administration, Financial Management Service, and Bureau of 
     the Public Debt, may be transferred between such 
     appropriations upon the advance approval of the Committees on 
     Appropriations. No transfer may increase or decrease any such 
     appropriation by more than 2 percent.
       Sec. 115. Not to exceed 2 percent of any appropriation made 
     available in this Act to the Internal Revenue Service may be 
     transferred to the Treasury Inspector General for Tax 
     Administration's appropriation upon the advance approval of 
     the Committees on Appropriations. No transfer may increase or 
     decrease any such appropriation by more than 2 percent.
       Sec. 116. Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with Departmental 
     vehicle management principles: Provided, That the Secretary 
     may delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 117. The Secretary of the Treasury may transfer funds 
     from ``Salaries and Expenses'', Financial Management Service, 
     to the Debt Services Account as necessary to cover the costs 
     of debt collection: Provided, That such amounts shall be 
     reimbursed to such Salaries and Expenses account from debt 
     collections received in the Debt Services Account.
       Sec. 118. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence and 
     intelligence-related activities of the Department of the 
     Treasury are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414) during fiscal year 2002 until 
     enactment of the Intelligence Authorization Act for fiscal 
     year 2002.
       Sec. 119. Section 122 of Public Law 105-119, as amended by 
     Public Law 105-277, is further amended in paragraph (g)(1), 
     by striking ``three years'' and inserting ``four years''; and 
     by striking ``, the United States Customs Service, and the 
     United States Secret Service''.
       Sec. 120. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used by the United 
     States Mint to construct or operate any museum without the 
     explicit approval of the House Committee on Financial 
     Services and the Senate Committee on Banking, Housing, and 
     Urban Affairs.
       This title may be cited as the ``Treasury Department 
     Appropriations Act, 2002''.

                        TITLE II--POSTAL SERVICE

                   Payment to the Postal Service Fund

       For payment to the Postal Service Fund for revenue forgone 
     on free and reduced rate mail, pursuant to subsections (c) 
     and (d) of section 2401 of title 39, United States Code, 
     $76,619,000: Provided, That mail for overseas voting and mail 
     for the blind shall continue to be free: Provided further, 
     That 6-day delivery and rural delivery of mail shall continue 
     at not less than the 1983 level: Provided further, That none 
     of the funds made available to the Postal Service by this Act 
     shall be used to implement any rule, regulation, or policy of 
     charging any officer or employee of any State or local child 
     support enforcement agency, or any individual participating 
     in a State or local program of child support enforcement, a 
     fee for information requested or provided concerning an 
     address of a postal customer: Provided further, That none of 
     the funds provided in this Act shall be used to consolidate 
     or close small rural and other small post offices in fiscal 
     year 2002.
       This title may be cited as the ``Postal Service 
     Appropriations Act, 2002''.

TITLE III--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO 
                             THE PRESIDENT

        Compensation of the President and the White House Office


                     compensation of the president

       For compensation of the President, including an expense 
     allowance at the rate of $50,000 per annum as authorized by 3 
     U.S.C. 102, $450,000: Provided, That none of the funds made 
     available for official expenses shall be expended for any 
     other purpose and any unused amount shall revert to the 
     Treasury pursuant to section 1552 of title 31, United States 
     Code: Provided further, That none of the funds made available 
     for official expenses shall be considered as taxable to the 
     President.


                         salaries and expenses

       For necessary expenses for the White House as authorized by 
     law, including not to exceed $3,850,000 for services as 
     authorized by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence 
     expenses as authorized by 3 U.S.C. 105, which shall be 
     expended and accounted for as provided in that section; hire 
     of passenger motor vehicles, newspapers, periodicals, 
     teletype news service, and travel (not to exceed $100,000 to 
     be expended and accounted for as provided by 3 U.S.C. 103); 
     and not to exceed $19,000 for official entertainment 
     expenses, to be available for allocation within the Executive 
     Office of the President, $54,165,000: Provided, That 
     $10,740,000 of the funds appropriated shall be available for 
     reimbursements to the White House Communications Agency.

                 Executive Residence at the White House


                           operating expenses

       For the care, maintenance, repair and alteration, 
     refurnishing, improvement, heating, and lighting, including 
     electric power and fixtures, of the Executive Residence at 
     the White House and official entertainment expenses of the 
     President, $11,914,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114.


                         reimbursable expenses

       For the reimbursable expenses of the Executive Residence at 
     the White House, such

[[Page S9518]]

     sums as may be necessary: Provided, That all reimbursable 
     operating expenses of the Executive Residence shall be made 
     in accordance with the provisions of this paragraph: Provided 
     further, That, notwithstanding any other provision of law, 
     such amount for reimbursable operating expenses shall be the 
     exclusive authority of the Executive Residence to incur 
     obligations and to receive offsetting collections, for such 
     expenses: Provided further, That the Executive Residence 
     shall require each person sponsoring a reimbursable political 
     event to pay in advance an amount equal to the estimated cost 
     of the event, and all such advance payments shall be credited 
     to this account and remain available until expended: Provided 
     further, That the Executive Residence shall require the 
     national committee of the political party of the President to 
     maintain on deposit $25,000, to be separately accounted for 
     and available for expenses relating to reimbursable political 
     events sponsored by such committee during such fiscal year: 
     Provided further, That the Executive Residence shall ensure 
     that a written notice of any amount owed for a reimbursable 
     operating expense under this paragraph is submitted to the 
     person owing such amount within 60 days after such expense is 
     incurred, and that such amount is collected within 30 days 
     after the submission of such notice: Provided further, That 
     the Executive Residence shall charge interest and assess 
     penalties and other charges on any such amount that is not 
     reimbursed within such 30 days, in accordance with the 
     interest and penalty provisions applicable to an outstanding 
     debt on a United States Government claim under section 3717 
     of title 31, United States Code: Provided further, That each 
     such amount that is reimbursed, and any accompanying interest 
     and charges, shall be deposited in the Treasury as 
     miscellaneous receipts: Provided further, That the Executive 
     Residence shall prepare and submit to the Committees on 
     Appropriations, by not later than 90 days after the end of 
     the fiscal year covered by this Act, a report setting forth 
     the reimbursable operating expenses of the Executive 
     Residence during the preceding fiscal year, including the 
     total amount of such expenses, the amount of such total that 
     consists of reimbursable official and ceremonial events, the 
     amount of such total that consists of reimbursable political 
     events, and the portion of each such amount that has been 
     reimbursed as of the date of the report: Provided further, 
     That the Executive Residence shall maintain a system for the 
     tracking of expenses related to reimbursable events within 
     the Executive Residence that includes a standard for the 
     classification of any such expense as political or 
     nonpolitical: Provided further, That no provision of this 
     paragraph may be construed to exempt the Executive Residence 
     from any other applicable requirement of subchapter I or II 
     of chapter 37 of title 31, United States Code.


                   White House Repair and Restoration

       For the repair, alteration, and improvement of the 
     Executive Residence at the White House, $8,625,000, to remain 
     available until expended, of which $1,306,000 is for six 
     projects for required maintenance, safety and health issues, 
     and continued preventative maintenance; and of which 
     $7,319,000 is for 3 projects for required maintenance and 
     continued preventative maintenance in conjunction with the 
     General Services Administration, the United States Secret 
     Service, the Office of the President, and other agencies 
     charged with the administration and care of the White House.

 Special Assistance to the President and the Official Residence of the 
                             Vice President


                         salaries and expenses

       For necessary expenses to enable the Vice President to 
     provide assistance to the President in connection with 
     specially assigned functions; services as authorized by 5 
     U.S.C. 3109 and 3 U.S.C. 106, including subsistence expenses 
     as authorized by 3 U.S.C. 106, which shall be expended and 
     accounted for as provided in that section; and hire of 
     passenger motor vehicles, $3,896,000.


                           Operating Expenses

                     (INCLUDING TRANSFER OF FUNDS)

       For the care, operation, refurnishing, improvement, heating 
     and lighting, including electric power and fixtures, of the 
     official residence of the Vice President; the hire of 
     passenger motor vehicles; and not to exceed $90,000 for 
     official entertainment expenses of the Vice President, to be 
     accounted for solely on his certificate, $314,000: Provided, 
     That advances or repayments or transfers from this 
     appropriation may be made to any department or agency for 
     expenses of carrying out such activities.

                      Council of Economic Advisers


                         salaries and expenses

       For necessary expenses of the Council of Economic Advisers 
     in carrying out its functions under the Employment Act of 
     1946 (15 U.S.C. 1021), $4,192,000.

                      Office of Policy Development


                         salaries and expenses

       For necessary expenses of the Office of Policy Development, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, $4,119,000.

                       National Security Council


                         salaries and expenses

       For necessary expenses of the National Security Council, 
     including services as authorized by 5 U.S.C. 3109, 
     $7,447,000.

                        Office of Administration


                         salaries and expenses

       For necessary expenses of the Office of Administration, 
     including services as authorized by 5 U.S.C. 3109 and 3 
     U.S.C. 107, and hire of passenger motor vehicles, 
     $46,032,000, of which $11,775,000 shall be available until 
     September 30, 2003 for a capital investment plan which 
     provides for the continued modernization of the information 
     technology infrastructure.

                    Office of Management and Budget


                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget, including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109, $70,519,000, of 
     which not to exceed $5,000,000 shall be available to carry 
     out the provisions of chapter 35 of title 44, United States 
     Code, and of which not to exceed $3,000 shall be available 
     for official representation expenses: Provided, That, as 
     provided in 31 U.S.C. 1301(a), appropriations shall be 
     applied only to the objects for which appropriations were 
     made except as otherwise provided by law: Provided further, 
     That none of the funds appropriated in this Act for the 
     Office of Management and Budget may be used for the purpose 
     of reviewing any agricultural marketing orders or any 
     activities or regulations under the provisions of the 
     Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
     seq.): Provided further, That none of the funds made 
     available for the Office of Management and Budget by this Act 
     may be expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or the Committees on Veterans' Affairs or 
     their subcommittees: Provided further, That the preceding 
     shall not apply to printed hearings released by the 
     Committees on Appropriations or the Committees on Veterans' 
     Affairs.

                 Office of National Drug Control Policy


                         Salaries and Expenses

                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy; for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     1998 (title VII of division C of Public Law 105-277); not to 
     exceed $8,000 for official reception and representation 
     expenses; and for participation in joint projects or in the 
     provision of services on matters of mutual interest with 
     nonprofit, research, or public organizations or agencies, 
     with or without reimbursement, $25,096,000, of which 
     $2,350,000 shall remain available until expended, consisting 
     of $1,350,000 for policy research and evaluation, and 
     $1,000,000 for the National Alliance for Model State Drug 
     Laws: Provided, That the Office is authorized to accept, 
     hold, administer, and utilize gifts, both real and personal, 
     public and private, without fiscal year limitation, for the 
     purpose of aiding or facilitating the work of the Office.


                COUNTERDRUG TECHNOLOGY ASSESSMENT CENTER

                     (including transfer of funds)

       For necessary expenses for the Counterdrug Technology 
     Assessment Center for research activities pursuant to the 
     Office of National Drug Control Policy Reauthorization Act of 
     1998 (title VII of division C of Public Law 105-277), 
     $42,000,000, which shall remain available until expended, 
     consisting of $20,000,000 for counternarcotics research and 
     development projects, and $22,000,000 for the continued 
     operation of the technology transfer program: Provided, That 
     the $20,000,000 for counter-narcotics research and 
     development projects shall be available for transfer to other 
     Federal departments or agencies.

                     Federal Drug Control Programs


             high intensity drug trafficking areas program

                     (including transfer of funds)

       For necessary expenses of the Office of National Drug 
     Control Policy's High Intensity Drug Trafficking Areas 
     Program, $226,350,000 for drug control activities consistent 
     with the approved strategy for each of the designated High 
     Intensity Drug Trafficking Areas (HIDTA), of which $1,000,000 
     shall be for an additional amount for the Rocky Mountain 
     HIDTA; of which $1,500,000 shall be used for an additional 
     amount for the Midwest HIDTA; of which $1,000,000 shall be 
     for an additional amount for the Gulf Coast HIDTA; of which 
     $1,000,000 shall be for an additional amount for the Hawaii 
     HIDTA; of which $500,000 shall be for an additional amount 
     for the Milwaukee HIDTA; of which $500,000 shall be for an 
     additional amount for the Philadelphia/Camden HIDTA; of which 
     $1,000,000 shall be for an additional amount for the 
     Northwest HIDTA; of which $1,500,000 shall be for an 
     additional amount for the Southwest Border HIDTA; of which no 
     less than 51 percent shall be transferred to State and local 
     entities for drug control activities, which shall be 
     obligated within 120 days of the date of the enactment of 
     this Act: Provided, That up to 49 percent, to remain 
     available until September 30, 2003, may be transferred to 
     Federal agencies and departments at a rate to be determined 
     by the Director: Provided further, That, of this latter 
     amount, not less than $2,100,000 shall be used for auditing 
     services and activities: Provided further, That HIDTAs 
     designated as of September 30, 2001, shall be funded at no 
     less

[[Page S9519]]

     than fiscal year 2001 levels unless the Director submits to 
     the Committees, and the Committees approve, justification for 
     changes in those levels based on clearly articulated 
     priorities for the HIDTA program, as well as published ONDCP 
     performance measures of effectiveness.


                        Special Forfeiture Fund

                     (including transfer of funds)

       For activities to support a national anti-drug campaign for 
     youth, and for other purposes, authorized by Public Law 105-
     277, $249,400,000, to remain available until expended, of 
     which $185,000,000 shall be to support a national media 
     campaign, as authorized in the Drug-Free Media Campaign Act 
     of 1998; of which $4,800,000 shall be made available no later 
     than 30 days after the enactment of this Act to the United 
     States Anti-Doping Agency for their anti-doping efforts; of 
     which $50,600,000 shall be to continue a program of matching 
     grants to drug-free communities, as authorized in chapter 2 
     of the National Narcotics Leadership Act of 1988, as amended; 
     of which $1,000,000 shall be available to the National Drug 
     Court Institute; and of which $3,000,000 shall be for the 
     Counterdrug Intelligence Executive Secretariat: Provided, 
     That such funds may be transferred to other Federal 
     departments and agencies to carry out such activities.


                          UNANTICIPATED NEEDS

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, as authorized by 3 U.S.C. 108, 
     $1,000,000.
       This title may be cited as the ``Executive Office 
     Appropriations Act, 2002''.

                     TITLE IV--INDEPENDENT AGENCIES

 Committee for Purchase From People Who are Blind or Severely Disabled


                         salaries and expenses

       For necessary expenses of the Committee for Purchase From 
     People Who Are Blind or Severely Disabled established by 
     Public Law 92-28, $4,498,000.

                      Federal Election Commission


                         salaries and expenses

       For necessary expenses to carry out the provisions of the 
     Federal Election Campaign Act of 1971, as amended, 
     $43,993,000, of which no less than $4,453,000 shall be 
     available for internal automated data processing systems, and 
     of which not to exceed $5,000 shall be available for 
     reception and representation expenses of which $2,000,000 
     shall be available for administering a program to award 
     Federal matching grants to States and localities to improve 
     election systems and election administration and for making 
     such grants: Provided, That no funds for the purpose of 
     administering such program or for making such grants shall be 
     made available until the date of enactment of a statute 
     authorizing the expenditure of funds for such a purpose.

                   Federal Labor Relations Authority


                         salaries and expenses

       For necessary expenses to carry out functions of the 
     Federal Labor Relations Authority, pursuant to Reorganization 
     Plan Numbered 2 of 1978, and the Civil Service Reform Act of 
     1978, including services authorized by 5 U.S.C. 3109, 
     including hire of experts and consultants, hire of passenger 
     motor vehicles, and rental of conference rooms in the 
     District of Columbia and elsewhere, $26,378,000: Provided, 
     That public members of the Federal Service Impasses Panel may 
     be paid travel expenses and per diem in lieu of subsistence 
     as authorized by law (5 U.S.C. 5703) for persons employed 
     intermittently in the Government service, and compensation as 
     authorized by 5 U.S.C. 3109: Provided further, That 
     notwithstanding 31 U.S.C. 3302, funds received from fees 
     charged to non-Federal participants at labor-management 
     relations conferences shall be credited to and merged with 
     this account, to be available without further appropriation 
     for the costs of carrying out these conferences.

                    General Services Administration


                        Real Property Activities

                         Federal Buildings Fund

                 limitations on availability of revenue

                     (including transfer of funds)

       To carry out the purpose of the Fund established pursuant 
     to section 210(f) of the Federal Property and Administrative 
     Services Act of 1949, as amended (40 U.S.C. 490(f)), the 
     revenues and collections deposited into the Fund shall be 
     available for necessary expenses of real property management 
     and related activities not otherwise provided for, including 
     operation, maintenance, and protection of federally owned and 
     leased buildings; rental of buildings in the District of 
     Columbia; restoration of leased premises; moving governmental 
     agencies (including space adjustments and telecommunications 
     relocation expenses) in connection with the assignment, 
     allocation and transfer of space; contractual services 
     incident to cleaning or servicing buildings, and moving; 
     repair and alteration of federally owned buildings including 
     grounds, approaches and appurtenances; care and safeguarding 
     of sites; maintenance, preservation, demolition, and 
     equipment; acquisition of buildings and sites by purchase, 
     condemnation, or as otherwise authorized by law; acquisition 
     of options to purchase buildings and sites; conversion and 
     extension of federally owned buildings; preliminary planning 
     and design of projects by contract or otherwise; construction 
     of new buildings (including equipment for such buildings); 
     and payment of principal, interest, and any other obligations 
     for public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $6,217,350,000, 
     of which (1) $477,544,000 shall remain available until 
     expended for construction (including funds for sites and 
     expenses and associated design and construction services) of 
     additional projects at the following locations:
       New Construction:
       Alabama:
       Mobile, U.S. Courthouse, $11,290,000
       Arkansas:
       Little Rock, U.S. Courthouse Annex, $5,022,000
       California:
       Fresno, U.S. Courthouse, $121,225,000
       District of Columbia:
       Washington, U.S. Courthouse Annex, $6,595,000
       Washington, Southeast Federal Center Site Remediation, 
     $5,000,000
       Florida:
       Ft. Pierce, Courthouse, $4,314,000
       Miami, Courthouse, $15,282,000
       Illinois:
       Rockford, Courthouse, $4,933,000
       Iowa:
       Cedar Rapids, Courthouse, $14,795,000
       Maine:
       Jackman, Border Station, $868,000
       Maryland:
       Montgomery County, FDA Consolidation, $19,060,000
       Suitland, U.S. Census Bureau, $2,813,000
       Suitland, National Oceanic and Atmospheric Administration 
     II, $34,083,000
       Massachusetts:
       Springfield, U.S. Courthouse, $6,473,000
       Mississippi:
       Gulfport, U.S. Courthouse, $3,000,000
       Jackson, Mississippi, $13,231,000
       Michigan:
       Detroit, Ambassador Bridge Border Station, $9,470,000
       Montana:
       Raymond, Border Station, $693,000
       New Mexico:
       Las Cruces, U.S. Courthouse, $4,110,000
       New York:
       Brooklyn, U.S. Courthouse Annex--GPO, $3,361,000
       Buffalo, U.S. Courthouse Annex, $716,000
       New York, U.S. Mission to the United Nations, $4,617,000
       Oregon:
       Eugene, U.S. Courthouse, $4,470,000
       Pennsylvania:
       Erie, U.S. Courthouse Annex, $30,739,000
       Tennessee:
       Nashville, Courthouse, $20,700,000
       Texas:
       Del Rio III, Border Station, $1,869,000
       Eagle Pass, Border Station, $2,256,000
       El Paso, U.S. Courthouse, $11,193,000
       Fort Hancock, Border Station, $2,183,000
       Houston, Federal Bureau of Investigation, $6,268,000
       Utah:
       Salt Lake City, Courthouse, $5,000,000
       Virginia:
       Norfolk, U.S. Courthouse Annex, $11,609,000
       Nationwide:
       Judgment Fund Repayment, $84,406,000
       Non-prospectus construction, $5,900,000:
     Provided, That funding for any project identified above may 
     be exceeded to the extent that savings are effected in other 
     such projects, but not to exceed 10 percent of the amounts 
     included in an approved prospectus, if required, unless 
     advance notice is transmitted to the Committees on 
     Appropriations of a greater amount: Provided further, That 
     all funds for direct construction projects shall expire on 
     September 30, 2003, and remain in the Federal Buildings Fund 
     except for funds for projects as to which funds for design or 
     other funds have been obligated in whole or in part prior to 
     such date; (2) $844,880,000 shall remain available until 
     expended for repairs and alterations which includes 
     associated design and construction services: Provided 
     further, That funds in the Federal Buildings Fund for Repairs 
     and Alterations shall, for prospectus projects, be limited to 
     the amount by project, as follows, except each project may be 
     increased by an amount not to exceed 10 percent unless 
     advance notice is transmitted to the Committees on 
     Appropriations of a greater amount:
       Repairs and Alterations:
       Alabama:
       Montgomery, Frank M. Johnson, Jr. Federal Building-
     Courthouse, $4,000,000
       California:
       Laguna Niguel, Chet Holifield Federal Building, $11,711,000
       San Diego, Edward J. Schwartz Federal Building-U.S. 
     Courthouse, $13,070,000
       Colorado:
       Lakewood, Denver Federal Center, Building 67, $8,484,000
       District of Columbia:
       Washington, 320 First Street, Federal Building, $8,260,000
       Washington, Internal Revenue Service Main Building, Phase 
     2, $20,391,000
       Washington, Main Interior Building, $22,739,000
       Washington, Main Justice Building, Phase 3, $45,974,000
       Florida:
       Jacksonville, Charles E. Bennett Federal Building, 
     $23,552,000
       Tallahassee, U.S. Courthouse, $4,894,000
       Illinois:
       Chicago, Federal Building, 536 South Clark Street, 
     $60,073,000
       Chicago, Harold Washington Social Security Center, 
     $13,692,000

[[Page S9520]]

       Chicago, John C. Kluczynski Federal Building, $12,725,000
       Iowa:
        Des Moines, 210 Walnut Street, Federal Building, 
     $11,992,000
       Missouri:
       Kansas City, Federal Building, 811 Grand Boulevard, 
     $1,604,000
       St. Louis, Federal Building, 104/105 Goodfellow, 
     $20,212,000
       New Jersey:
       Newark, Peter W. Rodino Federal Building, $5,295,000
       Nevada:
       Las Vegas, Foley Federal Building-U.S. Courthouse, 
     $26,978,000
       Ohio:
       Cleveland, Anthony J. Celebrezze Federal Building, 
     $22,986,000
       Cleveland, Howard M. Metzenbaum Courthouse, $27,856,000
       Oklahoma:
       Muskogee, Federal Building-U.S. Courthouse, $8,214,000
       Oregon:
       Portland, Pioneer Courthouse, $16,629,000
       Pennsylvania:
       Pittsburgh, Post Office-Courthouse, $12,600,000
       Rhode Island:
       Providence, Federal Building and Courthouse, $5,039,000
       Wisconsin:
       Milwaukee, Federal Building-U.S. Courthouse, $10,015,000
       Nationwide:
       Design Program, $33,657,000
       Heating, Ventilation and Air Conditioning Modernization--
     Various Buildings, $6,650,000
       Transformers--Various Buildings, $15,588,000
       Basic Repairs and Alterations, $370,000,000:
     Provided further, That additional projects for which 
     prospectuses have been fully approved may be funded under 
     this category only if advance notice is transmitted to the 
     Committees on Appropriations: Provided further, That the 
     amounts provided in this or any prior Act for ``Repairs and 
     Alterations'' may be used to fund costs associated with 
     implementing security improvements to buildings necessary to 
     meet the minimum standards for security in accordance with 
     current law and in compliance with the reprogramming 
     guidelines of the appropriate Committees of the House and 
     Senate: Provided further, That the difference between the 
     funds appropriated and expended on any projects in this or 
     any prior Act, under the heading ``Repairs and Alterations'', 
     may be transferred to Basic Repairs and Alterations or used 
     to fund authorized increases in prospectus projects: Provided 
     further, That all funds for repairs and alterations 
     prospectus projects shall expire on September 30, 2003, and 
     remain in the Federal Buildings Fund except funds for 
     projects as to which funds for design or other funds have 
     been obligated in whole or in part prior to such date: 
     Provided further, That the amount provided in this or any 
     prior Act for Basic Repairs and Alterations may be used to 
     pay claims against the Government arising from any projects 
     under the heading ``Repairs and Alterations'' or used to fund 
     authorized increases in prospectus projects; (3) $186,427,000 
     for installment acquisition payments including payments on 
     purchase contracts which shall remain available until 
     expended; (4) $2,959,550,000 for rental of space which shall 
     remain available until expended; and (5) $1,748,949,000 for 
     building operations which shall remain available until 
     expended: Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 
     the Public Buildings Act of 1959, as amended, has not been 
     approved, except that necessary funds may be expended for 
     each project for required expenses for the development of a 
     proposed prospectus: Provided further, That funds available 
     in the Federal Buildings Fund may be expended for emergency 
     repairs when advance notice is transmitted to the Committees 
     on Appropriations: Provided further, That amounts necessary 
     to provide reimbursable special services to other agencies 
     under section 210(f)(6) of the Federal Property and 
     Administrative Services Act of 1949, as amended (40 U.S.C. 
     490(f)(6)) and amounts to provide such reimbursable fencing, 
     lighting, guard booths, and other facilities on private or 
     other property not in Government ownership or control as may 
     be appropriate to enable the United States Secret Service to 
     perform its protective functions pursuant to 18 U.S.C. 3056, 
     shall be available from such revenues and collections: 
     Provided further, That revenues and collections and any other 
     sums accruing to this Fund during fiscal year 2002, excluding 
     reimbursements under section 210(f)(6) of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     490(f)(6)) in excess of $6,217,350,000 shall remain in the 
     Fund and shall not be available for expenditure except as 
     authorized in appropriations Acts.


                         policy and operations

       For expenses authorized by law, not otherwise provided for, 
     for Government-wide policy and oversight activities 
     associated with asset management activities; utilization and 
     donation of surplus personal property; transportation; 
     procurement and supply; Government-wide responsibilities 
     relating to automated data management, telecommunications, 
     information resources management, and related technology 
     activities; utilization survey, deed compliance inspection, 
     appraisal, environmental and cultural analysis, and land use 
     planning functions pertaining to excess and surplus real 
     property; agency-wide policy direction; Board of Contract 
     Appeals; accounting, records management, and other support 
     services incident to adjudication of Indian Tribal Claims by 
     the United States Court of Federal Claims; services as 
     authorized by 5 U.S.C. 3109; and not to exceed $7,500 for 
     official reception and representation expenses, $145,749,000, 
     of which $27,887,000 shall remain available until expended.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     and services authorized by 5 U.S.C. 3109, $36,025,000: 
     Provided, That not to exceed $15,000 shall be available for 
     payment for information and detection of fraud against the 
     Government, including payment for recovery of stolen 
     Government property: Provided further, That not to exceed 
     $2,500 shall be available for awards to employees of other 
     Federal agencies and private citizens in recognition of 
     efforts and initiatives resulting in enhanced Office of 
     Inspector General effectiveness.


                   ELECTRONIC GOVERNMENT (E-GOV) FUND

                     (including transfer of funds)

       For necessary expenses in support of interagency projects 
     that enable the Federal Government to expand its ability to 
     conduct activities electronically, through the development 
     and implementation of innovative uses of the Internet and 
     other electronic methods, $5,000,000 to remain available 
     until expended: Provided, That these funds may be transferred 
     to Federal agencies to carry out the purposes of the Fund: 
     Provided further, That this transfer authority shall be in 
     addition to any other transfer authority provided in this 
     Act: Provided further, That such transfers may not be made 
     until 10 days after a proposed spending plan and 
     justification for each project to be undertaken has been 
     submitted to the Senate Committee on Appropriations.


           allowances and office staff for former presidents

                     (including transfer of funds)

       For carrying out the provisions of the Act of August 25, 
     1958, as amended (3 U.S.C. 102 note), and Public Law 95-138, 
     $3,376,000: Provided, That the Administrator of General 
     Services shall transfer to the Secretary of the Treasury such 
     sums as may be necessary to carry out the provisions of such 
     Acts.

          General Services Administration--General Provisions

       Sec. 401. The appropriate appropriation or fund available 
     to the General Services Administration shall be credited with 
     the cost of operation, protection, maintenance, upkeep, 
     repair, and improvement, included as part of rentals received 
     from Government corporations pursuant to law (40 U.S.C. 129).
       Sec. 402. Funds available to the General Services 
     Administration shall be available for the hire of passenger 
     motor vehicles.
       Sec. 403. Funds in the Federal Buildings Fund made 
     available for fiscal year 2002 for Federal Buildings Fund 
     activities may be transferred between such activities only to 
     the extent necessary to meet program requirements: Provided, 
     That any proposed transfers shall be approved in advance by 
     the Committees on Appropriations.
       Sec. 404. No funds made available by this Act shall be used 
     to transmit a fiscal year 2003 request for United States 
     Courthouse construction that: (1) does not meet the design 
     guide standards for construction as established and approved 
     by the General Services Administration, the Judicial 
     Conference of the United States, and the Office of Management 
     and Budget; and (2) does not reflect the priorities of the 
     Judicial Conference of the United States as set out in its 
     approved 5-year construction plan: Provided, That the fiscal 
     year 2003 request must be accompanied by a standardized 
     courtroom utilization study of each facility to be 
     constructed, replaced, or expanded.
       Sec. 405. None of the funds provided in this Act may be 
     used to increase the amount of occupiable square feet, 
     provide cleaning services, security enhancements, or any 
     other service usually provided through the Federal Buildings 
     Fund, to any agency that does not pay the rate per square 
     foot assessment for space and services as determined by the 
     General Services Administration in compliance with the Public 
     Buildings Amendments Act of 1972 (Public Law 92-313).
       Sec. 406. Funds provided to other Government agencies by 
     the Information Technology Fund, General Services 
     Administration, under 40 U.S.C. 757 and sections 5124(b) and 
     5128 of Public Law 104-106, Information Technology Management 
     Reform Act of 1996, for performance of pilot information 
     technology projects which have potential for Governmentwide 
     benefits and savings, may be repaid to this Fund from any 
     savings actually incurred by these projects or other funding, 
     to the extent feasible.
       Sec. 407. From funds made available under the heading 
     ``Federal Buildings Fund, Limitations on Availability of 
     Revenue'', claims against the Government of less than 
     $250,000 arising from direct construction projects and 
     acquisition of buildings may be liquidated from savings 
     effected in other construction projects with prior 
     notification to the Committees on Appropriations.
       Sec. 408. Section 408 of Public Law 106-554 is amended by 
     striking ``April 30, 2002'' and inserting ``September 30, 
     2002''.
       Sec. 409. Notwithstanding any other provision of law, the 
     General Services Administration is directed to maintain the 
     vehicle

[[Page S9521]]

     rental rates and per mile rates charged for buses used by 
     schools and dormitories funded by the Bureau of Indian 
     Affairs that were in effect on April 30, 2001 until such time 
     as appropriations to the Bureau of Indian Affairs funding for 
     the Student Transportation Program for schools and 
     dormitories funded by the Bureau of Indian Affairs equals or 
     exceeds $3 per mile.
       Sec. 410. Designation of Judge Bruce M. Van Sickle Federal 
     Building and United States Courthouse. (a) The Federal 
     building and courthouse located at 100 1st Street, SW, Minot, 
     North Dakota, shall be known and designated as the ``Judge 
     Bruce M. Van Sickle Federal Building and United States 
     Courthouse.''
       (b) Any reference in law, map, regulation, document, paper, 
     or other record of the United States to the Federal building 
     and courthouse referred to in section (a) shall be deemed to 
     be a reference to the Judge Bruce M. Van Sickle Federal 
     Building and United States Courthouse.

                     Merit Systems Protection Board

                         salaries and expenses


                     (including transfer of funds)

       For necessary expenses to carry out functions of the Merit 
     Systems Protection Board pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     hire of passenger motor vehicles, and direct procurement of 
     survey printing, $30,375,000 together with not to exceed 
     $2,520,000 for administrative expenses to adjudicate 
     retirement appeals to be transferred from the Civil Service 
     Retirement and Disability Fund in amounts determined by the 
     Merit Systems Protection Board.

 Morris K. Udall Scholarship and Excellence in National Environmental 
                           Policy Foundation


 morris k. udall scholarship and excellence in national environmental 
                           policy trust fund

       For payment to the Morris K. Udall Scholarship and 
     Excellence in National Environmental Policy Trust Fund, 
     pursuant to the Morris K. Udall Scholarship and Excellence in 
     National Environmental and Native American Public Policy Act 
     of 1992 (20 U.S.C. 5601 et seq.), $1,996,000, to remain 
     available until expended: Provided, That up to 60 percent of 
     such funds may be transferred by the Morris K. Udall 
     Scholarship and Excellence in National Environmental Policy 
     Foundation for the necessary expenses of the Native Nations 
     Institute: Provided further, That not later than 90 days 
     after the date of the enactment of this Act, the Morris K. 
     Udall Scholarship and Excellence in National Environmental 
     Policy Foundation shall submit to the Committee on 
     Appropriations a report describing the distribution of such 
     funds.


                 Environmental Dispute Resolution Fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1998, $1,309,000, to remain 
     available until expended.

              National Archives and Records Administration


                           operating expenses

       For necessary expenses in connection with the 
     administration of the National Archives (including the 
     Information Security Oversight Office) and archived Federal 
     records and related activities, as provided by law, and for 
     expenses necessary for the review and declassification of 
     documents, and for the hire of passenger motor vehicles, 
     $244,247,000: Provided, That the Archivist of the United 
     States is authorized to use any excess funds available from 
     the amount borrowed for construction of the National Archives 
     facility, for expenses necessary to provide adequate storage 
     for holdings: Provided further, That of the funds made 
     available, $22,302,000 is for the electronic records archive, 
     $16,337,000 of which shall be available until September 30, 
     2004: Provided further, That the Archivist of the United 
     States is authorized, pursuant to 44 U.S.C. 2903, to 
     construct a new Southeast Regional Archives on land to be 
     acquired (Federal site), by direct payment or the provision 
     of site improvements, from the State of Georgia or Clayton 
     County or some other governmental authority thereof; such 
     Federal site to be located near the campus of Clayton College 
     and State University in Clayton County, Georgia, and abut 
     land designated for construction of the Georgia State 
     Archives facility, with both archival facilities co-located 
     on a combined site. There is hereby appropriated $30,500,000 
     which shall be available until expended to be used for 
     acquiring the Federal site, construction, and related 
     services for building the new Federal archival facility, 
     other related costs for improvement of the combined site 
     which may also indirectly benefit the Georgia State Archives 
     facility, and other necessary expenses.


                        repairs and restoration

       For the repair, alteration, and improvement of archives 
     facilities, and to provide adequate storage for holdings, 
     $41,143,000, to remain available until expended.

        National Historical Publications and Records Commission


                             grants program

       For necessary expenses for allocations and grants for 
     historical publications and records as authorized by 44 
     U.S.C. 2504, as amended, $6,436,000, to remain available 
     until expended.

                      Office of Government Ethics


                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Government Ethics pursuant to the Ethics in Government Act 
     of 1978, as amended and the Ethics Reform Act of 1989, 
     including services as authorized by 5 U.S.C. 3109, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     hire of passenger motor vehicles, and not to exceed $1,500 
     for official reception and representation expenses, 
     $10,060,000.

                     Office of Personnel Management


                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses to carry out functions of the Office 
     of Personnel Management pursuant to Reorganization Plan 
     Numbered 2 of 1978 and the Civil Service Reform Act of 1978, 
     including services as authorized by 5 U.S.C. 3109; medical 
     examinations performed for veterans by private physicians on 
     a fee basis; rental of conference rooms in the District of 
     Columbia and elsewhere; hire of passenger motor vehicles; not 
     to exceed $2,500 for official reception and representation 
     expenses; advances for reimbursements to applicable funds of 
     the Office of Personnel Management and the Federal Bureau of 
     Investigation for expenses incurred under Executive Order No. 
     10422 of January 9, 1953, as amended; and payment of per diem 
     and/or subsistence allowances to employees where Voting 
     Rights Act activities require an employee to remain overnight 
     at his or her post of duty, $99,036,000, of which $3,200,000 
     shall remain available until expended for the cost of the 
     governmentwide human resources data network project; and in 
     addition $115,928,000 for administrative expenses, to be 
     transferred from the appropriate trust funds of the Office of 
     Personnel Management without regard to other statutes, 
     including direct procurement of printed materials, for the 
     retirement and insurance programs, of which $21,777,000 shall 
     remain available until expended for the cost of automating 
     the retirement recordkeeping systems: Provided, That the 
     provisions of this appropriation shall not affect the 
     authority to use applicable trust funds as provided by 
     sections 8348(a)(1)(B), 8909(g), and 9004(f)(1)(A) and (2)(A) 
     of title 5, United States Code: Provided further, That no 
     part of this appropriation shall be available for salaries 
     and expenses of the Legal Examining Unit of the Office of 
     Personnel Management established pursuant to Executive Order 
     No. 9358 of July 1, 1943, or any successor unit of like 
     purpose: Provided further, That the President's Commission on 
     White House Fellows, established by Executive Order No. 11183 
     of October 3, 1964, may, during fiscal year 2002, accept 
     donations of money, property, and personal services in 
     connection with the development of a publicity brochure to 
     provide information about the White House Fellows, except 
     that no such donations shall be accepted for travel or 
     reimbursement of travel expenses, or for the salaries of 
     employees of such Commission.


                      office of inspector general

                         salaries and expenses

                  (including transfer of trust funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act, 
     as amended, including services as authorized by 5 U.S.C. 
     3109, hire of passenger motor vehicles, $1,398,000; and in 
     addition, not to exceed $10,016,000 for administrative 
     expenses to audit, investigate, and provide other oversight 
     of the Office of Personnel Management's retirement and 
     insurance programs, to be transferred from the appropriate 
     trust funds of the Office of Personnel Management, as 
     determined by the Inspector General: Provided, That the 
     Inspector General is authorized to rent conference rooms in 
     the District of Columbia and elsewhere.


      government payment for annuitants, employees health benefits

       For payment of Government contributions with respect to 
     retired employees, as authorized by chapter 89 of title 5, 
     United States Code, and the Retired Federal Employees Health 
     Benefits Act (74 Stat. 849), as amended, such sums as may be 
     necessary.


       government payment for annuitants, employee life insurance

       For payment of Government contributions with respect to 
     employees retiring after December 31, 1989, as required by 
     chapter 87 of title 5, United States Code, such sums as may 
     be necessary.


        payment to civil service retirement and disability fund

       For financing the unfunded liability of new and increased 
     annuity benefits becoming effective on or after October 20, 
     1969, as authorized by 5 U.S.C. 8348, and annuities under 
     special Acts to be credited to the Civil Service Retirement 
     and Disability Fund, such sums as may be necessary: Provided, 
     That annuities authorized by the Act of May 29, 1944, as 
     amended, and the Act of August 19, 1950, as amended (33 
     U.S.C. 771-775), may hereafter be paid out of the Civil 
     Service Retirement and Disability Fund.

                       Office of Special Counsel


                         salaries and expenses

       For necessary expenses to carry out functions of the Office 
     of Special Counsel pursuant to Reorganization Plan Numbered 2 
     of 1978, the Civil Service Reform Act of 1978

[[Page S9522]]

     (Public Law 95-454), the Whistleblower Protection Act of 1989 
     (Public Law 101-12), Public Law 103-424, and the Uniformed 
     Services Employment and Reemployment Act of 1994 (Public Law 
     103-353), including services as authorized by 5 U.S.C. 3109, 
     payment of fees and expenses for witnesses, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     and hire of passenger motor vehicles, $11,784,000.

                        United States Tax Court


                         Salaries and Expenses

       For necessary expenses, including contract reporting and 
     other services as authorized by 5 U.S.C. 3109, $37,305,000: 
     Provided, That travel expenses of the judges shall be paid 
     upon the written certificate of the judge.
       This title may be cited as the ``Independent Agencies 
     Appropriations Act, 2002''.

                      TITLE V--GENERAL PROVISIONS

                                This Act

       Sec. 501. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 502. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 503. None of the funds made available by this Act 
     shall be available for any activity or for paying the salary 
     of any Government employee where funding an activity or 
     paying a salary to a Government employee would result in a 
     decision, determination, rule, regulation, or policy that 
     would prohibit the enforcement of section 307 of the Tariff 
     Act of 1930.
       Sec. 504. None of the funds made available by this Act 
     shall be available in fiscal year 2002 for the purpose of 
     transferring control over the Federal Law Enforcement 
     Training Center located at Glynco, Georgia, and Artesia, New 
     Mexico, out of the Department of the Treasury.
       Sec. 505. No part of any appropriation contained in this 
     Act shall be available to pay the salary for any person 
     filling a position, other than a temporary position, formerly 
     held by an employee who has left to enter the Armed Forces of 
     the United States and has satisfactorily completed his period 
     of active military or naval service, and has within 90 days 
     after his release from such service or from hospitalization 
     continuing after discharge for a period of not more than 1 
     year, made application for restoration to his former position 
     and has been certified by the Office of Personnel Management 
     as still qualified to perform the duties of his former 
     position and has not been restored thereto.
       Sec. 506. No funds appropriated pursuant to this Act may be 
     expended by an entity unless the entity agrees that in 
     expending the assistance the entity will comply with sections 
     2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c, 
     popularly known as the ``Buy American Act'').
       Sec. 507. (a) Purchase of American-Made Equipment and 
     Products.--In the case of any equipment or products that may 
     be authorized to be purchased with financial assistance 
     provided under this Act, it is the sense of the Congress that 
     entities receiving such assistance should, in expending the 
     assistance, purchase only American-made equipment and 
     products.
       (b) Notice to Recipients of Assistance.--In providing 
     financial assistance under this Act, the Secretary of the 
     Treasury shall provide to each recipient of the assistance a 
     notice describing the statement made in subsection (a) by the 
     Congress.
       Sec. 508. If it has been finally determined by a court or 
     Federal agency that any person intentionally affixed a label 
     bearing a ``Made in America'' inscription, or any inscription 
     with the same meaning, to any product sold in or shipped to 
     the United States that is not made in the United States, such 
     person shall be ineligible to receive any contract or 
     subcontract made with funds provided pursuant to this Act, 
     pursuant to the debarment, suspension, and ineligibility 
     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 509. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 2002 from appropriations 
     made available for salaries and expenses for fiscal year 2002 
     in this Act, shall remain available through September 30, 
     2003, for each such account for the purposes authorized: 
     Provided, That a request shall be submitted to the Committees 
     on Appropriations for approval prior to the expenditure of 
     such funds: Provided further, That these requests shall be 
     made in compliance with reprogramming guidelines.
       Sec. 510. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 511. The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.
       Sec. 512. For the purpose of resolving litigation and 
     implementing any settlement agreements regarding the 
     nonforeign area cost-of-living allowance program, the Office 
     of Personnel Management may accept and utilize (without 
     regard to any restriction on unanticipated travel expenses 
     imposed in an Appropriations Act) funds made available to the 
     Office pursuant to court approval.
       Sec. 513. Not later than July 1, 2001, the Director of the 
     Office of Management and Budget shall submit a report to the 
     Committee on Appropriations and the Committee on Governmental 
     Affairs of the Senate and the Committee on Appropriations and 
     the Committee on Government Reform of the House of 
     Representatives that: (1) evaluates, for each agency, the 
     extent to which implementation of chapter 35 of title 31, 
     United States Code, as amended by the Paperwork Reduction Act 
     of 1995 (Public Law 104-13), has reduced burden imposed by 
     rules issued by the agency, including the burden imposed by 
     each major rule issued by the agency; (2) includes a 
     determination, based on such evaluation, of the need for 
     additional procedures to ensure achievement of the purposes 
     of that chapter, as set forth in section 3501 of title 31, 
     United States Code, and evaluates the burden imposed by each 
     major rule that imposes more than 10,000,000 hours of burden, 
     and identifies specific reductions expected to be achieved in 
     each of fiscal years 2002 and 2003 in the burden imposed by 
     all rules issued by each agency that issued such a major 
     rule.
       Sec. 514. (a) Prohibition of Federal Agency Monitoring of 
     Personal Information on Use of Internet.--None of the funds 
     made available in the Treasury and General Government 
     Appropriations Act, 2002 may be used by any Federal agency--
       (1) to collect, review, or create any aggregate list, 
     derived from any means, that includes the collection of any 
     personally identifiable information relating to an 
     individual's access to or use of any Federal government 
     Internet site of the agency; or
       (2) to enter into any agreement with a third party 
     (including another government agency) to collect, review, or 
     obtain any aggregate list, derived from any means, that 
     includes the collection of any personally identifiable 
     information relating to an individual's access to or use of 
     any nongovernmental Internet site.
       (b) Exceptions.--The limitations established in subsection 
     (a) shall not apply to--
       (1) any record of aggregate data that does not identify 
     particular persons;
       (2) any voluntary submission of personally identifiable 
     information;
       (3) any action taken for law enforcement, regulatory, or 
     supervisory purposes, in accordance with applicable law; or
       (4) any action described in subsection (a)(1) that is a 
     system security action taken by the operator of an Internet 
     site and is necessarily incident to the rendition of the 
     Internet site services or to the protection of the rights or 
     property of the provider of the Internet site.
       (c) Definitions.--For the purposes of this section:
       (1) The term ``regulatory'' means agency actions to 
     implement, interpret or enforce authorities provided in law.
       (2) The term ``supervisory'' means examinations of the 
     agency's supervised institutions, including assessing safety 
     and soundness, overall financial condition, management 
     practices and policies and compliance with applicable 
     standards as provided in law.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

       Sec. 601. Funds appropriated in this or any other Act may 
     be used to pay travel to the United States for the immediate 
     family of employees serving abroad in cases of death or life 
     threatening illness of said employee.
       Sec. 602. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2002 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from the illegal use, possession, 
     or distribution of controlled substances (as defined in the 
     Controlled Substances Act) by the officers and employees of 
     such department, agency, or instrumentality.
       Sec. 603. Unless otherwise specifically provided, the 
     maximum amount allowable during the current fiscal year in 
     accordance with section 16 of the Act of August 2, 1946 (60 
     Stat. 810), for the purchase of any passenger motor vehicle 
     (exclusive of buses, ambulances, law enforcement, and 
     undercover surveillance vehicles), is hereby fixed at $8,100 
     except station wagons for which the maximum shall be $9,100: 
     Provided, That these limits may be exceeded by not to exceed 
     $3,700 for police-type vehicles, and by not to exceed $4,000 
     for special heavy-duty vehicles: Provided further, That the 
     limits set forth in this section may not be exceeded by more 
     than 5 percent for electric or hybrid vehicles purchased for 
     demonstration under the provisions of the Electric and Hybrid 
     Vehicle Research, Development, and Demonstration Act of 1976: 
     Provided further, That

[[Page S9523]]

     the limits set forth in this section may be exceeded by the 
     incremental cost of clean alternative fuels vehicles acquired 
     pursuant to Public Law 101-549 over the cost of comparable 
     conventionally fueled vehicles.
       Sec. 604. Appropriations of the executive departments and 
     independent establishments for the current fiscal year 
     available for expenses of travel, or for the expenses of the 
     activity concerned, are hereby made available for quarters 
     allowances and cost-of-living allowances, in accordance with 
     5 U.S.C. 5922-5924.
       Sec. 605. Unless otherwise specified during the current 
     fiscal year, no part of any appropriation contained in this 
     or any other Act shall be used to pay the compensation of any 
     officer or employee of the Government of the United States 
     (including any agency the majority of the stock of which is 
     owned by the Government of the United States) whose post of 
     duty is in the continental United States unless such person: 
     (1) is a citizen of the United States; (2) is a person in the 
     service of the United States on the date of the enactment of 
     this Act who, being eligible for citizenship, has filed a 
     declaration of intention to become a citizen of the United 
     States prior to such date and is actually residing in the 
     United States; (3) is a person who owes allegiance to the 
     United States; (4) is an alien from Cuba, Poland, South 
     Vietnam, the countries of the former Soviet Union, or the 
     Baltic countries lawfully admitted to the United States for 
     permanent residence; (5) is a South Vietnamese, Cambodian, or 
     Laotian refugee paroled in the United States after January 1, 
     1975; or (6) is a national of the People's Republic of China 
     who qualifies for adjustment of status pursuant to the 
     Chinese Student Protection Act of 1992: Provided, That for 
     the purpose of this section, an affidavit signed by any such 
     person shall be considered prima facie evidence that the 
     requirements of this section with respect to his or her 
     status have been complied with: Provided further, That any 
     person making a false affidavit shall be guilty of a felony, 
     and, upon conviction, shall be fined no more than $4,000 or 
     imprisoned for not more than 1 year, or both: Provided 
     further, That the above penal clause shall be in addition to, 
     and not in substitution for, any other provisions of existing 
     law: Provided further, That any payment made to any officer 
     or employee contrary to the provisions of this section shall 
     be recoverable in action by the Federal Government. This 
     section shall not apply to citizens of Ireland, Israel, or 
     the Republic of the Philippines, or to nationals of those 
     countries allied with the United States in a current defense 
     effort, or to international broadcasters employed by the 
     United States Information Agency, or to temporary employment 
     of translators, or to temporary employment in the field 
     service (not to exceed 60 days) as a result of emergencies.
       Sec. 606. Appropriations available to any department or 
     agency during the current fiscal year for necessary expenses, 
     including maintenance or operating expenses, shall also be 
     available for payment to the General Services Administration 
     for charges for space and services and those expenses of 
     renovation and alteration of buildings and facilities which 
     constitute public improvements performed in accordance with 
     the Public Buildings Act of 1959 (73 Stat. 749), the Public 
     Buildings Amendments of 1972 (87 Stat. 216), or other 
     applicable law.
       Sec. 607. In addition to funds provided in this or any 
     other Act, all Federal agencies are authorized to receive and 
     use funds resulting from the sale of materials, including 
     Federal records disposed of pursuant to a records schedule 
     recovered through recycling or waste prevention programs. 
     Such funds shall be available until expended for the 
     following purposes:
       (1) Acquisition, waste reduction and prevention, and 
     recycling programs as described in Executive Order No. 13101 
     (September 14, 1998), including any such programs adopted 
     prior to the effective date of the Executive order.
       (2) Other Federal agency environmental management programs, 
     including, but not limited to, the development and 
     implementation of hazardous waste management and pollution 
     prevention programs.
       (3) Other employee programs as authorized by law or as 
     deemed appropriate by the head of the Federal agency.
       Sec. 608. Funds made available by this or any other Act for 
     administrative expenses in the current fiscal year of the 
     corporations and agencies subject to chapter 91 of title 31, 
     United States Code, shall be available, in addition to 
     objects for which such funds are otherwise available, for 
     rent in the District of Columbia; services in accordance with 
     5 U.S.C. 3109; and the objects specified under this head, all 
     the provisions of which shall be applicable to the 
     expenditure of such funds unless otherwise specified in the 
     Act by which they are made available: Provided, That in the 
     event any functions budgeted as administrative expenses are 
     subsequently transferred to or paid from other funds, the 
     limitations on administrative expenses shall be 
     correspondingly reduced.
       Sec. 609. No part of any appropriation for the current 
     fiscal year contained in this or any other Act shall be paid 
     to any person for the filling of any position for which he or 
     she has been nominated after the Senate has voted not to 
     approve the nomination of said person.
       Sec. 610. No part of any appropriation contained in this or 
     any other Act shall be available for interagency financing of 
     boards (except Federal Executive Boards), commissions, 
     councils, committees, or similar groups (whether or not they 
     are interagency entities) which do not have a prior and 
     specific statutory approval to receive financial support from 
     more than one agency or instrumentality.
       Sec. 611. Funds made available by this or any other Act to 
     the Postal Service Fund (39 U.S.C. 2003) shall be available 
     for employment of guards for all buildings and areas owned or 
     occupied by the Postal Service and under the charge and 
     control of the Postal Service, and such guards shall have, 
     with respect to such property, the powers of special 
     policemen provided by the first section of the Act of June 1, 
     1948, as amended (62 Stat. 281; 40 U.S.C. 318), and, as to 
     property owned or occupied by the Postal Service, the 
     Postmaster General may take the same actions as the 
     Administrator of General Services may take under the 
     provisions of sections 2 and 3 of the Act of June 1, 1948, as 
     amended (62 Stat. 281; 40 U.S.C. 318a and 318b), attaching 
     thereto penal consequences under the authority and within the 
     limits provided in section 4 of the Act of June 1, 1948, as 
     amended (62 Stat. 281; 40 U.S.C. 318c).
       Sec. 612. None of the funds made available pursuant to the 
     provisions of this Act shall be used to implement, 
     administer, or enforce any regulation which has been 
     disapproved pursuant to a resolution of disapproval duly 
     adopted in accordance with the applicable law of the United 
     States.
       Sec. 613. (a) Notwithstanding any other provision of law, 
     and except as otherwise provided in this section, no part of 
     any of the funds appropriated for fiscal year 2002, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by section 613 of the Treasury and General 
     Government Appropriations Act, 2001, until the normal 
     effective date of the applicable wage survey adjustment that 
     is to take effect in fiscal year 2002, in an amount that 
     exceeds the rate payable for the applicable grade and step of 
     the applicable wage schedule in accordance with such section 
     613; and
       (2) during the period consisting of the remainder of fiscal 
     year 2002, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (A) the percentage adjustment taking effect in fiscal year 
     2002 under section 5303 of title 5, United States Code, in 
     the rates of pay under the General Schedule; and
       (B) the difference between the overall average percentage 
     of the locality-based comparability payments taking effect in 
     fiscal year 2002 under section 5304 of such title (whether by 
     adjustment or otherwise), and the overall average percentage 
     of such payments which was effective in fiscal year 2001 
     under such section.
       (b) Notwithstanding any other provision of law, no 
     prevailing rate employee described in subparagraph (B) or (C) 
     of section 5342(a)(2) of title 5, United States Code, and no 
     employee covered by section 5348 of such title, may be paid 
     during the periods for which subsection (a) is in effect at a 
     rate that exceeds the rates that would be payable under 
     subsection (a) were subsection (a) applicable to such 
     employee.
       (c) For the purposes of this section, the rates payable to 
     an employee who is covered by this section and who is paid 
     from a schedule not in existence on September 30, 2001, shall 
     be determined under regulations prescribed by the Office of 
     Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 2001, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 2001.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 614. During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Government appointed by the President of the 
     United States, holds office, no funds may be obligated or 
     expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is expressly approved by the Committees on 
     Appropriations. For the purposes of this section, the word 
     ``office'' shall include

[[Page S9524]]

     the entire suite of offices assigned to the individual, as 
     well as any other space used primarily by the individual or 
     the use of which is directly controlled by the individual.
       Sec. 615. Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations, except 
     that the Federal Law Enforcement Training Center is 
     authorized to obtain the temporary use of additional 
     facilities by lease, contract, or other agreement for 
     training which cannot be accommodated in existing Center 
     facilities.
       Sec. 616. Notwithstanding section 1346 of title 31, United 
     States Code, or section 610 of this Act, funds made available 
     for fiscal year 2002 by this or any other Act shall be 
     available for the interagency funding of national security 
     and emergency preparedness telecommunications initiatives 
     which benefit multiple Federal departments, agencies, or 
     entities, as provided by Executive Order No. 12472 (April 3, 
     1984).
       Sec. 617. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to section 3302 of title 5, 
     United States Code, without a certification to the Office of 
     Personnel Management from the head of the Federal department, 
     agency, or other instrumentality employing the Schedule C 
     appointee that the Schedule C position was not created solely 
     or primarily in order to detail the employee to the White 
     House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed services detailed 
     to or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (5) the Bureau of Intelligence and Research of the 
     Department of State;
       (6) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Federal Bureau of Investigation 
     and the Drug Enforcement Administration of the Department of 
     Justice, the Department of Transportation, the Department of 
     the Treasury, and the Department of Energy performing 
     intelligence functions; and
       (7) the Director of Central Intelligence.
       Sec. 618. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 2002 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from discrimination and sexual 
     harassment and that all of its workplaces are not in 
     violation of title VII of the Civil Rights Act of 1964, as 
     amended, the Age Discrimination in Employment Act of 1967, 
     and the Rehabilitation Act of 1973.
       Sec. 619. None of the funds made available in this Act for 
     the United States Customs Service may be used to allow the 
     importation into the United States of any good, ware, 
     article, or merchandise mined, produced, or manufactured by 
     forced or indentured child labor, as determined pursuant to 
     section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
       Sec. 620. No part of any appropriation contained in this or 
     any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance of 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 621. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 622. No funds appropriated in this or any other Act 
     may be used to implement or enforce the agreements in 
     Standard Forms 312 and 4414 of the Government or any other 
     nondisclosure policy, form, or agreement if such policy, 
     form, or agreement does not contain the following provisions: 
     ``These restrictions are consistent with and do not 
     supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, U.S.C. (governing 
     disclosures to Congress); section 1034 of title 10, United 
     States Code, as amended by the Military Whistleblower 
     Protection Act (governing disclosure to Congress by members 
     of the military); section 2302(b)(8) of title 5, United 
     States Code, as amended by the Whistleblower Protection Act 
     (governing disclosures of illegality, waste, fraud, abuse or 
     public health or safety threats); the Intelligence Identities 
     Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing 
     disclosures that could expose confidential Government 
     agents); and the statutes which protect against disclosure 
     that may compromise the national security, including sections 
     641, 793, 794, 798, and 952 of title 18, United States Code, 
     and section 4(b) of the Subversive Activities Act of 1950 (50 
     U.S.C. 783(b)). The definitions, requirements, obligations, 
     rights, sanctions, and liabilities created by said Executive 
     order and listed statutes are incorporated into this 
     agreement and are controlling.'': Provided, That 
     notwithstanding the preceding paragraph, a nondisclosure 
     policy form or agreement that is to be executed by a person 
     connected with the conduct of an intelligence or 
     intelligence-related activity, other than an employee or 
     officer of the United States Government, may contain 
     provisions appropriate to the particular activity for which 
     such document is to be used. Such form or agreement shall, at 
     a minimum, require that the person will not disclose any 
     classified information received in the course of such 
     activity unless specifically authorized to do so by the 
     United States Government. Such nondisclosure forms shall also 
     make it clear that they do not bar disclosures to Congress or 
     to an authorized official of an executive agency or the 
     Department of Justice that are essential to reporting a 
     substantial violation of law.
       Sec. 623. No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 624. None of the funds appropriated by this or any 
     other Act may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     the employee has authorized such disclosure or when such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 625. None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations.
       Sec. 626. No part of any appropriation contained in this or 
     any other Act shall be used for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 627. (a) In this section the term ``agency''--
       (1) means an Executive agency as defined under section 105 
     of title 5, United States Code;
       (2) includes a military department as defined under section 
     102 of such title, the Postal Service, and the Postal Rate 
     Commission; and
       (3) shall not include the General Accounting Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted under section 
     6301(2) of title 5, United States Code, has an obligation to 
     expend an honest effort and a reasonable proportion of such 
     employee's time in the performance of official duties.
       Sec. 628. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract 
     with--

[[Page S9525]]

       (1) any of the following religious plans:
       (A) Personal Care's HMO;
       (B) OSF Health Plans, Inc.; and
       (2) any existing or future plan, if the carrier for the 
     plan objects to such coverage on the basis of religious 
     beliefs.
       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe or otherwise provide for contraceptives 
     because such activities would be contrary to the individual's 
     religious beliefs or moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.
       Sec. 629. Notwithstanding 31 U.S.C. 1346 and section 610 of 
     this Act, funds made available for fiscal year 2002 by this 
     or any other Act to any department or agency, which is a 
     member of the Joint Financial Management Improvement Program 
     (JFMIP), shall be available to finance an appropriate share 
     of JFMIP administrative costs, as determined by the JFMIP, 
     but not to exceed a total of $800,000 including the salary of 
     the Executive Director and staff support.
       Sec. 630. Notwithstanding 31 U.S.C. 1346 and section 610 of 
     this Act, the head of each Executive department and agency is 
     hereby authorized to transfer to the ``Policy and 
     Operations'' account, General Services Administration, with 
     the approval of the Director of the Office of Management and 
     Budget, funds made available for fiscal year 2002 by this or 
     any other Act, including rebates from charge card and other 
     contracts. These funds shall be administered by the 
     Administrator of General Services to support Government-wide 
     financial, information technology, procurement, and other 
     management innovations, initiatives, and activities, as 
     approved by the Director of the Office of Management and 
     Budget, in consultation with the appropriate interagency 
     groups designated by the Director (including the Chief 
     Financial Officers Council and the Joint Financial Management 
     Improvement Program for financial management initiatives, the 
     Chief Information Officers Council for information technology 
     initiatives, and the Procurement Executives Council for 
     procurement initiatives). The total funds transferred shall 
     not exceed $17,000,000. Such transfers may only be made 15 
     days following notification of the Committees on 
     Appropriations by the Director of the Office of Management 
     and Budget.
       Sec. 631. (a) In General.--Hereafter, in accordance with 
     regulations promulgated by the Office of Personnel 
     Management, an Executive agency which provides or proposes to 
     provide child care services for Federal employees may use 
     appropriated funds (otherwise available to such agency for 
     salaries and expenses) to provide child care, in a Federal or 
     leased facility, or through contract, for civilian employees 
     of such agency.
       (b) Affordability.--Amounts so provided with respect to any 
     such facility or contractor shall be applied to improve the 
     affordability of child care for lower income Federal 
     employees using or seeking to use the child care services 
     offered by such facility or contractor.
       (c) Advances.--Notwithstanding 31 U.S.C. 3324, amounts paid 
     to licensed or regulated child care providers may be in 
     advance of services rendered, covering agreed upon periods, 
     as appropriate.
       (d) Definition.--For purposes of this section, the term 
     ``Executive agency'' has the meaning given such term by 
     section 105 of title 5, United States Code, but does not 
     include the General Accounting Office.
       (e) Notification.--None of the funds made available in this 
     or any other Act may be used to implement the provisions of 
     this section absent advance notification to the Committees on 
     Appropriations.
       Sec. 632. Notwithstanding any other provision of law, a 
     woman may breastfeed her child at any location in a Federal 
     building or on Federal property, if the woman and her child 
     are otherwise authorized to be present at the location.
       Sec. 633. Nothwithstanding section 1346 of title 31, United 
     States Code, or section 610 of this Act, funds made available 
     for fiscal year 2002 by this or any other Act shall be 
     available for the interagency funding of specific projects, 
     workshops, studies, and similar efforts to carry out the 
     purposes of the National Science and Technology Council 
     (authorized by Executive Order No. 12881), which benefit 
     multiple Federal departments, agencies, or entities: 
     Provided, That the Office of Management and Budget shall 
     provide a report describing the budget of and resources 
     connected with the National Science and Technology Council to 
     the Committees on Appropriations, the House Committee on 
     Science; and the Senate Committee on Commerce, Science, and 
     Transportation 90 days after enactment of this Act.
       Sec. 634. Federal Funds Identified. Any request for 
     proposals, solicitation, grant application, form, 
     notification, press release, or other publications involving 
     the distribution of Federal funds shall indicate the agency 
     providing the funds and the amount provided. This provision 
     shall apply to direct payments, formula funds, and grants 
     received by a State receiving Federal funds.
       Sec. 635. Subsection (f) of section 403 of Public Law 103-
     356 is amended by deleting ``October 1, 2001'' and inserting 
     ``October 1, 2002''.
       Sec. 636. Section 6 of Public Law 93-346 as amended (3 
     U.S.C. 111 note) is amended by inserting ``, or for use at 
     official functions in or about,'' after ``about''.
       Sec. 637. During fiscal year 2002 and thereafter, the head 
     of an entity named in 3 U.S.C. 112 may, with respect to 
     civilian personnel of any branch of the Federal government 
     performing duties in such entity, exercise authority 
     comparable to the authority that may by law (including 
     chapter 57 and sections 8344 and 8468 of title 5, United 
     States Code) be exercised with respect to the employees of an 
     Executive agency (as defined in 5 U.S.C. 105) by the head of 
     such Executive agency, and the authority granted by this 
     section shall be in addition to any other authority available 
     in law.
       Sec. 638. Section 3 of Public Law 93-346 as amended (3 
     U.S.C. 111 note) is amended by inserting ``, utilities 
     (including electrical) for,'' after ``military staffing''.
       Sec. 639. The Congress of the United States recognizes the 
     United States Anti-Doping Agency (USADA) as the official 
     anti-doping agency for Olympic, Pan American, and Paralympic 
     sport in the United States.
       Sec. 640. (a) Section 1238(e)(3) of the Floyd D. Spence 
     National Defense Authorization Act for Fiscal Year 2001 (as 
     enacted by Public Law 106-398) is amended by adding at the 
     end the following: ``The executive director and any personnel 
     who are employees of the United States-China Security Review 
     Commission shall be employees under section 2105 of title 5, 
     United States Code, for purposes of chapters 63, 81, 83, 84, 
     85, 87, 89, and 90 of that title.''.
       (b) The amendment made by this section shall take effect on 
     January 3, 2001.
       Sec. 641. (a) The adjustment in rates of basic pay for the 
     statutory pay systems that takes effect in fiscal year 2002 
     under sections 5303 and 5304 of title 5, United States Code, 
     shall be an increase of 4.6 percent.
       (b) Funds used to carry out this section shall be paid from 
     appropriations which are made to each applicable department 
     or agency for salaries and expenses for fiscal year 2002.
       Sec. 642. Not later than six months after the date of 
     enactment of this Act, the Inspector General of each 
     applicable department or agency shall submit to the Committee 
     on Appropriations a report detailing what policies and 
     procedures are in place for each department or agency to give 
     first priority to the location of new offices and other 
     facilities in rural areas, as directed by the Rural 
     Development Act of 1972.
       This Act may be cited as the ``Treasury and General 
     Government Appropriations Act, 2002''.
                                  ____

  SA 1571. Mrs. FEINSTEIN (for herself and Mrs. Hutchison) submitted an 
amendment intended to be proposed by her to the bill H.R. 2590, making 
appropriations for the Treasury Department, the United States Postal 
Service, the Executive Office of the President, and certain Independent 
Agencies, for the fiscal year ending September 30, 2002, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title VI, add the following:

     SEC. __. REAUTHORIZATION OF BREAST CANCER RESEARCH SPECIAL 
                   POSTAGE STAMP.

       (a) Short Title.--This section may be cited as the ``Breast 
     Cancer Research Stamp Act of 2001''.
       (b) Reauthorization and Inapplicability of Limitation.--
       (1) In general.--Section 414 of title 39, United States 
     Code, is amended by striking subsection (g) and inserting the 
     following:
       ``(g) For purposes of section 416 (including any regulation 
     prescribed under subsection (e)(1)(C) of that section), the 
     special postage stamp issued under this section shall not 
     apply to any limitation relating to whether more than 1 
     semipostal may be offered for sale at the same time.
       ``(h) This section shall cease to be effective after July 
     29, 2008.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on the earlier of--
       (A) the date of enactment of this Act; or
       (B) July 29, 2002.
       (c) Rate of Postage.--Section 414(b) of title 39, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``of not to exceed 25 
     percent'' and inserting ``of not less than 15 percent''; and
       (2) by adding after the sentence following paragraph (3) 
     the following: ``The special rate of postage of an individual 
     stamp under this section shall be an amount that is evenly 
     divisible by 5.''.
                                  ____

  SA 1572. Mr. KERRY (for himself, Mr. Bond, and Mr. Dorgan) submitted 
an amendment intended to be proposed by him to the bill H.R. 2590, 
making appropriations for the Treasury Department, the United States 
Postal Service, the Executive Office of the President, and certain 
Independent Agencies, for the fiscal year ending September 30, 2002, 
and for other purposes; which was ordered to lie on the table, as 
follows:

       At the appropriate place, insert the following:

     SEC.   . LOAN SUBSIDY COST ESTIMATE CORRECTION.

       By October 1, 2001, the Housing, Treasury and Finance 
     Division shall, in consultation with the Small Business 
     Administration, develop subsidy cost estimates for the 7(a) 
     General Business Loan Program and the 504 Certified 
     Development Company loan program

[[Page S9526]]

     which use data that reflect the current performance of those 
     programs and track the actual default experience in those 
     programs since the implementation of the Federal Credit 
     Reform Act in 1992: Provided, That, not withstanding any 
     other provision of law, these subsidy estimates shall be 
     effective October 1, 2001 for fiscal year 2002, and be 
     included in the President's fiscal year 2003 budget 
     submission and the Office of Management and Budget shall 
     report on the progress of the development of these estimates 
     to the Senate Committee on Appropriations and the Senate 
     Committee on Small Business and Entrepreneurship prior to the 
     submission of the President's fiscal year 2003 budget.
                                  ____

  SA 1573. Mr. McCONNELL (for himself, Mr. Burns, Mr. Hutchinson, Mr. 
Smith of Oregon, and Mr. Stevens) proposed an amendment to the bill 
H.R. 2590, making appropriations for the Treasury Department, the 
United States Postal Service, the Executive Office of the President, 
and certain Independent Agencies, for the fiscal year ending September 
30, 2002, and for other purposes; as follows:

       At the end of title VI, insert the following:
       Sec.   . (a) From funds made available by this or any other 
     Act, the Secretary of the Treasury may provide for the 
     administration costs for the issuance of bonds, to be known 
     as `War Bonds', under section 3102 of title 31, United States 
     Code, in response to the acts of terrorism perpetrated 
     against the United States on September 11, 2001.
       (b) If bonds described in subsection (a) are issued, such 
     bonds shall be in such form and denominations, and shall be 
     subject to such terms and conditions of issue, conversion, 
     redemption, maturation, payment, and rate of interest as the 
     Secretary of the Treasury may prescribe.
                                  ____

  SA 1574. Mr. DORGAN (for Mr. Johnson (for himself and Mr. Smith of 
Oregon)) proposed an amendment to the bill H.R. 2590, making 
appropriations for the Treasury Department, the United States Postal 
Service, the Executive Office of the President, and certain Independent 
Agencies, for the fiscal year ending September 30, 2002, and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Unity Bonds Act of 2001''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) a national tragedy occurred on September 11, 2001, 
     whereby certain individuals tried to steal America's freedom;
       (2) Americans stand together to resist all attempts to 
     steal their freedom;
       (3) united, Americans will be victorious over their 
     enemies, whether known or unknown; and
       (4) Americans must respond to this tragedy in a spirit not 
     of revenge, but of justice.

     SEC. 3. AUTHORIZATION FOR THE ISSUANCE OF UNITY BONDS.

       Section 3102 of title 31, United States Code, is amended by 
     adding at the end the following:
       ``(f) Issuance of Unity Bonds.--
       ``(1) In general.--The Secretary shall issue bonds under 
     this section, to be known as `Unity Bonds', in response to 
     the acts of terrorism perpetrated against the United States 
     on September 11, 2001.
       ``(2) Use of proceeds.--Proceeds from the issuance of Unity 
     Bonds shall be used to raise funds to assist in recovery and 
     relief operations following the terrorist acts referred to in 
     paragraph (1), including humanitarian assistance, and to 
     combat terrorism.
       ``(3) Form.--The bonds authorized by paragraph (1) shall be 
     in such form and denominations, and shall be subject to such 
     terms and conditions of issue, conversion, redemption, 
     maturation, payment, and rate of interest as the Secretary 
     may prescribe.''.
                                  ____

  SA 1575. Mr. DORGAN (for himself and Mr. Campbell) proposed an 
amendment to the bill H.R. 2590, making appropriations for the Treasury 
Department, the United States Postal Service, the Executive Office of 
the President, and certain Independent Agencies, for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       On page 57, line 16, strike ``$22,302,000'' and insert 
     ``$23,302,000''.
       On page 57, line 18, delete ``further'' and after ``2004'', 
     move all of the text that follows through to ``penses'' on 
     page 58, line 10 and re-insert the text after the word 
     ``expended'' on page 58, line 14.
       On page 57, line 16, strike ``$22,302,000'' and insert 
     ``$23,302,000''.
       On page 57, line 18, delete `` further'' and after 
     ``2004'', move all of the text that follows through to 
     ``penses'' on page 58, line 10 re-insert the text after the 
     word ``expended'' on page 58, line 14.
       On page 55, after line 14, insert the following new 
     sections:
       ``Sec. 411. Section 410 of Appendix C of Public Law 106-554 
     (114 Stat. 2763A-146) is amended--
       ``by striking `a 125 foot wide right-of-way' and inserting 
     `up to a 125 foot wide right-of-way'
       ``by striking `northeast corner of the existing port' and 
     inserting ``southeast corner of the existing port'' and
       ``striking `approximately 4,750 feet' and inserting ``and 
     then west to a connection with State Highway 11 between 
     approximately 5000 and 7000 feet''
       ``by striking `a road to be built by the County of Luna, 
     New Mexico to connect to'
       ``by striking `Provided further, That notwithstanding any 
     other provision of law, Luna County shall construct the 
     roadway from State Highway 11 to the terminus of the 
     northbound road to be constructed by the General Services 
     Administration in time for completion of the road to be 
     constructed by the General Services Administration in time 
     for completion of the road to be constructed by the General 
     Services Administration:'
       ``by striking consisting of approximately 12 acres and 
     inserting consisting of approximately 10.22 acres.
       ``Sec. 412. Notwithstanding any other provision of law, the 
     United States Government is directed to deed block four (4) 
     of the LOCH HAVEN REPLAT, as recorded in Plat Book `Q', Page 
     9, Public Records of Orange County, Florida, back to the City 
     of Orlando, Florida, under the same terms that the land was 
     deeded to the United States Government by the City of Orlando 
     in the recorded deed from the City dated September 20, 
     1951.''.
       On page 7, line 5, after 2004:'', insert the following: 
     ``and of which up to 20 percent of the $17,166,000 also shall 
     be available for travel, room and board costs for 
     participating agency basic training during the first quarter 
     of a fiscal year, subject to full reimbursement by the 
     benefitting agency:''.
       On page 94, between lines 14 and 15, insert the following 
     new section:

     SEC.  . DEADLINE FOR SUBMISSION OF ANNUAL REPORTS BY UNITED 
                   STATES-CHINA SECURITY REVIEW COMMISSION.

       Section 1238(c)(1) of the Floyd D. Spence National Defense 
     Authorization Act for Fiscal Year 2001 (as enacted into law 
     by section 1 of Public Law 106-398) is amended by striking 
     ``March'' and inserting ``May''.
       On page 35, line 23, strike ``1,500,000'' and insert 
     $1,750,000''.
       At the appropriate place in the bill insert the following:
       Sec.   . Subsection (a) of section 2105 of title 44, United 
     States Code, is amended to read as follows:
       (a)(1) The Archivist is authorized to select, appoint, 
     employ, and fix the compensation of such officers and 
     employees, pursuant to part III of title 5, as are necessary 
     to perform the functions of the Archivist and the 
     Administration.
       (2) Notwithstanding paragraph (1), the Archivist is 
     authorized to appoint, subject to the consultation 
     requirements set forth in paragraph (f)(2) of section 2203 of 
     this Title, a director at each Presidential archival 
     depository established under section 2112 of this Title. The 
     Archivist may appoint a director without regard to subchapter 
     I and subchapter VIII of chapter 33 of title 5, United States 
     Code, governing appointments in the competitive service and 
     the Senior Executive Service. A director so appointed shall 
     be responsible for the care and preservation of the 
     Presidential records and historical materials deposited in a 
     Presidential archival depository, shall serve at the pleasure 
     of the Archivist and shall perform such other functions as 
     the Archivist may specify.
       At the end of title VI, add the following:

     SEC. __. REAUTHORIZATION OF BREAST CANCER RESEARCH SPECIAL 
                   POSTAGE STAMP.

       (a) Short Title.--This section may be cited as the ``Breast 
     Cancer Research Stamp Act of 2001''.
       (b) Reauthorization and Inapplicability of Limitation.--
       (1) In general.--Section 414 of title 39, United States 
     Code, is amended by striking subsection (g) and inserting the 
     following:
       ``(g) For purposes of section 416 (including any regulation 
     prescribed under subsection (e)(1)(C) of that section), the 
     special postage stamp issued under this section shall not 
     apply to any limitation relating to whether more than 1 
     semipostal may be offered for sale at the same time.
       ``(h) This section shall cease to be effective after July 
     29, 2008.''.
       (2) Effective date.--The amendment made by this subsection 
     shall take effect on the earlier of--
       (A) the date of enactment of this Act; or
       (B) July 29, 2002.
       (c) Rate of Postage.--Section 414(b) of title 39, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``of not to exceed 25 
     percent'' and inserting ``of not less than 15 percent''; and
       (2) by adding after the sentence following paragraph (3) 
     the following: ``The special rate of postage of an individual 
     stamp under this section shall be an amount that is evenly 
     divisible by 5.''.
       On page 13, line 10, after ``Alert,'', insert ``not less 
     than $1,000,000 shall be provided to develop a curriculum for 
     the training of law enforcement dogs to combat and respond to 
     terrorist activities specifically related to chemical and 
     biological threats;''.

[[Page S9527]]

     
                                  ____
  SA 1576. Mr. BINGAMAN (for himself and Mr. Domenici) proposed an 
amendment to the bill H.R. 2590, making appropriations for the Treasury 
Department, the United States Postal Service, the Executive Office of 
the President, and certain Independent Agencies, for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       After section 642, insert the following:
       Sec. 643. (a) State, regional, or local transportation 
     authorities that are recipients of Federal Transit 
     Administration assistance or grants may purchase heavy-duty 
     transit buses through the General Service Administration.
       (b) The Administrator of General Services shall notify the 
     appropriate congressional committees if the administrative 
     costs incurred by the General Service Administration in 
     implementing this section are in excess of fees provided to 
     the General Service Administration under provisions of 
     existing contracts for the purchase of heavy-duty transit 
     buses.
                                  ____

  SA 1577. Mr. DORGAN (for Mr. Campbell (for himself, Mr. Feingold, Mr. 
Grassley, and Mr. Harkin)) proposed an amendment to the bill H.R. 2590, 
making appropriations for the Treasury Department, the United States 
Postal Service, the Executive Office of the President, and certain 
Independent Agencies, for the fiscal year ending September 30, 2002, 
and for other purposes; as follows:

       At the appropriate place, insert the following:

     SECTION 1. AMENDMENT TO TITLE 39.

       Section 5402(d) of title 39, United States Code, is amended 
     by--
       (1) inserting ``(1)'' after ``(d)''; and
       (2) inserting at the end the following:
       ``(2)(A) In the exercise of its authority under paragraph 
     (1), the Postal Service may require any air carrier to accept 
     as mail shipments of day-old poultry and such other live 
     animals as postal regulations allow to be transmitted as mail 
     matter. The authority of the Postal Service under this 
     subparagraph shall not apply in the case of any air carrier 
     who commonly and regularly refuses to accept any live animals 
     as cargo.
       ``(B) Notwithstanding any other provision of law, the 
     Postal Service is authorized to assess, as postage to be paid 
     by the mailers of any shipments covered by subparagraph (A), 
     a reasonable surcharge that the Postal Service determines in 
     its discretion to be adequate to compensate air carriers for 
     any necessary additional expense incurred in handling such 
     shipments.
       ``(C) The authority of the Postal Service under 
     subparagraph (B) shall apply during the period beginning on 
     the date of enactment of this paragraph, and ending September 
     30, 2005.''.
                                  ____

  SA 1578. Mr. DORGAN (for Mr. Kohl) proposed an amendment to the bill 
H.R. 2590, making appropriations for the Treasury Department, the 
United States Postal Service, the Executive Office of the President, 
and certain Independent Agencies, for the fiscal year ending September 
30, 2002, and for other purposes; as follows:

       On page 26, after line 8 insert the following new section:
       ``Sec.   . None of the funds appropriated or made available 
     by this Act may be used for the production of Customs 
     Declarations that do not inquire whether the passenger had 
     been in the proximity of livestock.''
                                  ____

  SA 1579. Mr. DORGAN (for Mr. Hollings) proposed an amendment to the 
bill H.R. 2590, making appropriations for the Treasury Department, the 
United States Postal Service, the Executive Office of the President, 
and certain Independent Agencies, for the fiscal year ending September 
30, 2002, and for other purposes; as follows:

       At the appropriate place, insert the following:


Designation of G. Ross Anderson, Jr. Federal Building and United States 
                               Courthouse

       (a) The Federal building and courthouse located at 315 S. 
     McDuffie Street, Anderson, South Carolina, shall be known and 
     designated as the ``G. Ross Anderson, Jr. Federal Building 
     and United States Courthouse.''
       (b) Any reference in a law, map, regulation, document, 
     paper, or other record of the United States to the Federal 
     building and courthouse referred to in section 1 shall be 
     deemed to be a reference to the G. Ross Anderson, Jr. Federal 
     Building and United States Courthouse.
                                  ____

  SA 1580. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1416, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes which was ordered to lie on the table.

       At the end of the bill, add the following:

                  DIVISION D--NATIONAL ENERGY SECURITY

     SEC. 4001. ENACTMENT OF ENERGY PROVISIONS.

       The provisions of H.R. 4 of the 107th Congress, as passed 
     by the House of Representatives on August 2, 2001, are 
     enacted into law.
                                  ____

  SA 1581. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1416, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes, which was ordered to lie on the table.

       On page 413, between lines 13 and 14, insert the following:

     SEC. 1217. AUTHORITY TO WAIVE SANCTIONS.

       (a) Authority.--Notwithstanding any other provision of law, 
     the President is authorized to waive any sanction imposed 
     against any foreign country or government (including any 
     agency or instrumentality thereof) or any foreign entity if 
     the President determines that to do so would assist in 
     efforts to combat global terrorism or is otherwise in the 
     national security interests of the United States.
       (b) Congressional Notification.--Not less than 30 days 
     prior to the exercise of any waiver authorized by subsection 
     (a), the President shall notify Congress of his intention to 
     exercise the waiver, together with an explanation of his 
     reasons for the waiver.
       (c) Sanction Defined.--In this section, the term 
     ``sanction'' means any prohibition or restriction with 
     respect to a foreign country or government or foreign entity 
     that is imposed by the United States for reasons of foreign 
     policy or national security, except in a case in which the 
     United States imposes the measure pursuant to--
       (1) a multilateral regime and the other member countries of 
     that regime have agreed to impose substantially equivalent 
     measures; or
       (2) a mandatory decision of the United Nations Security 
     Council.
                                  ____

  SA 1582. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 1416, to authorize appropriations for fiscal year 
2002 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe personnel strengths for such fiscal year for the Armed 
Forces, and for other purposes, which was ordered to lie on the table.

       At the end of the bill, add the following:

                  DIVISION D--NATIONAL ENERGY SECURITY

     SEC. 4001. SHORT TITLE.

       This division may be cited as the ``National Energy 
     Security Act of 2001''.

     SEC. 4002. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) increasing dependence on foreign sources of oil causes 
     systemic harm to all sectors of the United States economy, 
     threatens national security, undermines the ability of 
     Federal, State, and local units of government to provide 
     essential services, and jeopardizes the peace, security, and 
     welfare of the American people;
       (2) dependence on imports of foreign oil was 46 percent in 
     1992, rose to more than 55 percent by the beginning of 2000, 
     and is estimated by the Department of Energy to rise to 65 
     percent by 2020 unless current policies are altered;
       (3) even with increased energy efficiency, energy use in 
     the United States is expected to increase 27 percent by 2020;
       (4) the United States lacks a comprehensive national energy 
     policy and has taken actions that limit the availability and 
     capability of the domestic energy sources of oil and gas, 
     coal, nuclear and hydroelectric;
       (5) a comprehensive energy strategy must be developed to 
     combat this trend, decrease the United States dependence on 
     imported oil supplies and strengthen our national energy 
     security;
       (6) this comprehensive strategy must decrease the United 
     States dependence on foreign oil supplies to not more than 50 
     percent by the year 2011;
       (7) this comprehensive energy strategy must be multi-
     faceted and enhance the use of renewable energy resources 
     (including hydroelectric, solar, wind, geothermal and 
     biomass), conserve energy resources (including improving 
     energy efficiencies), and increase domestic supplies of 
     conventional energy resources (including oil, natural gas, 
     coal, and nuclear);
       (8) conservation efforts and alternative fuels alone will 
     not enable America to meet this goal as conventional energy 
     sources supply 96 percent of America's power at this time; 
     and
       (9) immediate actions must also be taken to mitigate the 
     economic effects of recent increases in the price of crude 
     oil, natural gas, and electricity and the related impacts on 
     American consumers, including the poor and the elderly.

[[Page S9528]]

       (b) Purposes.--The purposes of this division are to protect 
     the energy security of the United States by decreasing 
     America's dependence on foreign oil sources to not more than 
     50 percent by 2010, by enhancing the use of renewable energy 
     resources, conserving energy resources (including improving 
     energy efficiencies), and increasing domestic energy 
     supplies, improving environmental quality by reducing 
     emissions of air pollutants and greenhouse gases, and 
     mitigating the immediate effect of increases in energy prices 
     on the American consumer, including the poor and the elderly.

   TITLE I--GENERAL PROVISIONS TO PROTECT ENERGY SUPPLY AND SECURITY

     SEC. 4101. CONSULTATION AND REPORT ON FEDERAL AGENCY ACTIONS 
                   AFFECTING DOMESTIC ENERGY SUPPLY.

       Prior to taking or initiating any action that could have a 
     significant adverse effect on the availability or supply of 
     domestic energy resources or on the domestic capability to 
     distribute or transport such resources, the head of a Federal 
     agency proposing or participating in such action shall notify 
     the Secretary of Energy in writing of the nature and scope of 
     the action, the need for such action, the potential effect of 
     such action on energy resource supplies, price, distribution, 
     and transportation, and any alternatives to such action or 
     options to mitigate the effects and shall provide the 
     Secretary of Energy with adequate time to review the proposed 
     action and make recommendations to avoid or minimize the 
     adverse effect of the proposed action. The proposing agency 
     shall consider any such recommendations made by the Secretary 
     of Energy. The Secretary of Energy shall provide an annual 
     report to the Committee on Energy and Natural Resources of 
     the United States Senate and to the appropriate committees of 
     the House of Representatives on all actions brought to his 
     attention, what mitigation or alternatives, if any, were 
     implemented, and what the short-term, mid-term, and long-term 
     effect of the final action will likely be on domestic energy 
     resource supplies and their development, distribution, or 
     transmission.

     SEC. 4102. ANNUAL REPORT ON UNITED STATES ENERGY 
                   INDEPENDENCE.

       (a) Report.--Beginning on October 1, 2001, and annually 
     thereafter, the Secretary of Energy, in consultation with the 
     Secretary of Defense and the heads of other relevant Federal 
     agencies, shall submit a report to the President and Congress 
     which evaluates the progress the United States has made 
     toward obtaining the goal of not more than 50 percent 
     dependence on foreign oil sources by 2010.
       (b) Alternatives.--The report shall specify legislative or 
     administrative actions that must be implemented to meet this 
     goal and set forth a range of options and alternatives with a 
     benefit/cost analysis for each option or alternative together 
     with an estimate of the contribution each option or 
     alternative could make to reduce foreign oil imports. 
     The Secretary shall solicit information from the public 
     and request information from the Energy Information Agency 
     and other agencies to develop the report. The report shall 
     indicate, in detail, options and alternatives to (1) 
     increase the use of renewable domestic energy sources, 
     including conventional and non-conventional sources such 
     as, but not limited to, increased hydroelectric generation 
     at existing Federal facilities, (2) conserve energy 
     resources, including improving efficiencies and decreasing 
     consumption, and (3) increase domestic production and use 
     of oil, natural gas, nuclear, and coal, including any 
     actions necessary to provide access to, and transportation 
     of, these energy resources.
       (c) Refinery Capacity.--As part of the reports submitted in 
     2001, 2005, and 2008, the Secretary shall examine and report 
     on the condition of the domestic refinery industry and the 
     extent of domestic storage capacity for various categories of 
     petroleum products and make such recommendations as he 
     believes will enhance domestic capabilities to respond to 
     short-term shortages of various fuels due to climate or 
     supply interruptions and ensure long-term supplies on a 
     reliable and affordable basis.
       (d) Notification to Congress.--Whenever the Secretary 
     determines that stocks of petroleum products have declined or 
     are anticipated to decline to levels that would jeopardize 
     national security or threaten supply shortages or price 
     increases on a national or regional basis, he shall 
     immediately notify Congress of the situation and shall make 
     such recommendations for administrative or legislative action 
     as he believes are necessary to alleviate the situation.

     SEC. 4103. STRATEGIC PETROLEUM RESERVE STUDY AND REPORT.

       The President shall immediately establish an Interagency 
     Panel on the Strategic Petroleum Study (referred to in this 
     section as the ``Panel'') to study oil markets and estimate 
     the extent and frequency of fluctuations in the supply and 
     price of, and demand for crude oil in the future and 
     determine appropriate capacity of and uses for the Strategic 
     Petroleum Reserve. The Panel may recommend changes in 
     existing authorities to strengthen the ability of the 
     Strategic Petroleum Reserve to respond to energy 
     requirements. The Panel shall complete its study and submit a 
     report containing its findings and any recommendations to the 
     President and Congress within 6 months from the date of 
     enactment of this Act.

     SEC. 4104. STUDY OF EXISTING RIGHTS-OF-WAY TO DETERMINE 
                   CAPABILITY TO SUPPORT NEW PIPELINES OR OTHER 
                   TRANSMISSION FACILITIES.

       Not later than 1 year after the date of enactment of this 
     Act, the head of each Federal agency that has authorized a 
     right-of-way across Federal lands for transportation of 
     energy supplies or transmission of electricity shall review 
     each such right-of-way and submit a report to the Secretary 
     of Energy and the Chairman of the Federal Energy Regulatory 
     Commission whether the right-of-way can be used to support 
     new or additional capacity and what modifications or other 
     changes, if any, would be necessary to accommodate such 
     additional capacity. In performing the review, the head of 
     each agency shall consult with agencies of State or local 
     units of government as appropriate and consider whether 
     safety or other concerns related to current uses might 
     preclude the availability of a right-of-way for additional or 
     new transportation or transmission facilities and shall set 
     forth those considerations in the report.

     SEC. 4105. USE OF FEDERAL FACILITIES.

       (a) The Secretary of the Interior and the Secretary of the 
     Army shall each inventory all dams, impoundments, and other 
     facilities under their jurisdiction.
       (b) Based on this inventory and other information, the 
     Secretary of the Interior and the Secretary of the Army shall 
     each submit a report to Congress not later than 180 days 
     after the date of enactment of this Act. Each report shall--
       (1) describe, in detail, each facility that is capable, 
     with or without modification, of producing additional 
     hydroelectric power. For each such facility, the report shall 
     state the full potential for the facility to generate 
     hydroelectric power, whether the facility is currently 
     generating hydroelectric power, and the costs to install, 
     upgrade, modify, or take other actions to increase the 
     hydroelectric generating capability of the facility. For each 
     facility that currently has hydroelectric generating 
     equipment, the report shall indicate the condition of such 
     equipment, maintenance requirements, and schedule for any 
     improvements as well as the purposes for which power is 
     generated; and
       (2) describe what actions are planned or underway to 
     increase hydroelectric production from facilities under his 
     jurisdiction and shall include any recommendations the 
     Secretary deems advisable to increase such production, reduce 
     costs, and improve efficiency at Federal facilities, 
     including, but not limited to, use of lease of power 
     privilege and contracting with non-Federal entities for 
     operation and maintenance.

     SEC. 4106. NUCLEAR GENERATION STUDY.

       The Chairman of the Nuclear Regulatory Commission shall 
     submit a report to Congress not later than 180 days after the 
     date of enactment of this Act on the state of nuclear power 
     generation and production in the United States and the 
     potential for increasing nuclear generating capacity and 
     production as part of this Nation's energy mix. The report 
     shall include an assessment of agency readiness to license 
     new advanced reactor designs and discuss the needed 
     confirmatory and anticipatory research activities that would 
     support such a state of readiness. The report shall also 
     review the status of the relicensing process for civilian 
     nuclear power plants, including current and anticipated 
     applications, and recommendations for improvements in the 
     process, including, but not limited to recommendations for 
     expediting the process and ensuring that relicensing is 
     accomplished in a timely manner.

     SEC. 4107. DEVELOPMENT OF A NATIONAL SPENT NUCLEAR FUEL 
                   STRATEGY AND ESTABLISHMENT OF AN OFFICE OF 
                   SPENT NUCLEAR FUEL RESEARCH.

       (a) Determination by Congress.--Prior to the Federal 
     Government taking any irreversible action relating to the 
     disposal of spent nuclear fuel, Congress must determine 
     whether the spent fuel should be treated as waste subject to 
     permanent burial or should be considered an energy resource 
     that is needed to meet future energy requirements.
       (b) Office of Spent Nuclear Fuel Research.--There is hereby 
     established an Office of Spent Nuclear Fuel Research 
     (referred to in this section as the ``Office'') within the 
     Office of Nuclear Energy Science and Technology of the 
     Department of Energy. The Office shall be headed by the 
     Associate Director, who shall be a member of the Senior 
     Executive Service appointed by the Director of the Office of 
     Nuclear Energy Science and Technology, and compensated at a 
     rate determined by applicable law.
       (c) Associate Director.--The Associate Director of the 
     Office of Spent Nuclear Fuel Research shall be responsible 
     for carrying out an integrated research, development, and 
     demonstration program on technologies for treatment, 
     recycling, and disposal of high-level nuclear radioactive 
     waste and spent nuclear fuel, subject to the general 
     supervision of the Secretary. The Associate Director of the 
     Office shall report to the Director of the Office of Nuclear 
     Energy Science and Technology. The first such Associate 
     Director shall be appointed not later than 90 days after the 
     date of enactment of this Act.
       (d) Grant and Contract Authority.--In carrying out his 
     responsibilities under this section, the Secretary may make 
     grants, or enter into contracts, for the purposes of the 
     research projects and activities described in (e)(2).
       (e) Duties.--The Associate Director of the Office shall--
       (1) involve national laboratories, universities, the 
     commercial nuclear industry, and

[[Page S9529]]

     other organizations to investigate technologies for the 
     treatment, recycling, and disposal of spent nuclear fuel and 
     high-level radioactive waste;
       (2) develop a research plan to provide recommendations by 
     2015;
       (3) identify technologies for the treatment, recycling, and 
     disposal of spent nuclear fuel and high-level radioactive 
     waste;
       (4) conduct research and development activities on such 
     technologies;
       (5) ensure that all activities include as key objectives 
     minimization of proliferation concerns and risk to health of 
     the general public or site workers, as well as development of 
     cost-effective technologies;
       (6) require research on both reactor- and accelerator-based 
     transmutation systems;
       (7) require research on advanced processing and 
     separations;
       (8) encourage that research efforts include participation 
     of international collaborators;
       (9) be authorized to fund international collaborators when 
     they bring unique capabilities not available in the United 
     States and their host country is unable to provide for their 
     support; and
       (10) ensure that research efforts with the Office are 
     coordinated with research on advanced fuel cycles and 
     reactors conducted within the Office of Nuclear Energy 
     Science and Technology.
       (f) Report.--The Associate Director of the Office of Spent 
     Nuclear Fuel Research shall annually prepare and submit a 
     report to Congress on the activities and expenditures of the 
     Office, including the progress that has been made to achieve 
     the objectives of subsection (c).

     SEC. 4108. STUDY AND REPORT ON STATUS OF DOMESTIC REFINING 
                   INDUSTRY AND PRODUCT DISTRIBUTION SYSTEM.

       (a) Annual Report.--The Secretary of Energy, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, the States, the National Petroleum 
     Council, and other representatives of the petroleum refining, 
     distribution and retailing industries, shall submit a report 
     to Congress on the condition of the domestic petroleum 
     refining industry and the petroleum product distribution 
     system. The first such report shall be submitted not later 
     than January 1, 2002, and revised annually thereafter.
       (b) Recommendations.--Each annual report shall include any 
     recommendations that the Secretary believes should be 
     implemented either through legislation or regulation to 
     ensure that there is adequate domestic refining capacity and 
     motor fuel supplies to meet the economic, social, and 
     security requirements of the United States.
       (c) Preparation.--In preparing each annual report, the 
     Secretary shall--
       (1) provide an assessment of the condition of the domestic 
     petroleum refining industry and the Nation's motor fuel 
     distribution system, including the ability to make future 
     capital investments necessary to manufacture, transport, and 
     store different petroleum products required by local, State, 
     and Federal statute and regulations;
       (2) examine the reliability and cost of feedstocks and 
     energy supplied to the refining industry as well as the 
     reliability and cost of products manufactured by such 
     industry;
       (3) provide an assessment of the collective effect of 
     current and future motor fuel requirements on--
       (A) the ability of the domestic motor fuels refining, 
     distribution, and retailing industries to reliably and cost-
     effectively supply fuel to the Nation's consumers and 
     businesses;
       (B) gasoline (reformulated and conventional) and diesel 
     fuel (on-highway and off-highway) supplies; and
       (C) retail motor fuel price volatility;
       (4) explore opportunities to streamline permitting and 
     siting decisions and approvals for expanding existing and/or 
     building new domestic refining capacity;
       (5) recommend actions that can be taken to reduce future 
     motor supply concerns; and
       (6) provide an assessment of whether uniform, regional, or 
     national performance-based fuel specifications would reduce 
     supply disruptions and price spikes.
       (d) Confidentiality of Data.--Any information requested by 
     the Secretary to be submitted by industry for purposes of 
     this section shall be treated as confidential and shall be 
     used only for the preparation of the annual report.

     SEC. 4109. REVIEW OF FEDERAL ENERGY REGULATORY COMMISSION 
                   NATURAL GAS PIPELINE CERTIFICATION PROCEDURES.

       The Federal Energy Regulatory Commission shall, in 
     consultation with other appropriate Federal agencies, 
     immediately undertake a comprehensive review of policies, 
     procedures, and regulations for the certification of natural 
     gas pipelines to determine how to reduce the cost and time of 
     obtaining a certificate. The Commission shall report its 
     findings not later than 180 days after the date of enactment 
     of this Act to the Senate Committee on Energy and Natural 
     Resources and the appropriate committees of the United States 
     House of Representatives, including any recommendations for 
     legislative changes.

     SEC. 4110. ANNUAL REPORT ON AVAILABILITY OF DOMESTIC ENERGY 
                   RESOURCES TO MAINTAIN THE ELECTRICITY GRID OF 
                   THE UNITED STATES.

       (a) Beginning on October 1, 2001, and annually thereafter, 
     the Secretary of Energy, in consultation with the Federal 
     Energy Regulatory Commission and the North American Electric 
     Reliability Council, States, and appropriate regional 
     organizations, shall submit a report to the President and 
     Congress which evaluates the availability and capacity of 
     domestic sources of energy generation to maintain the 
     electricity grid in the United States. Specifically, the 
     Secretary shall evaluate each region of the country with 
     regard to grid stability during peak periods, such as summer, 
     and options for improving grid stability.
       (b) The report shall specify specific legislative or 
     administrative actions that could be implemented to improve 
     baseload generation and set forth a range of options and 
     alternatives with a benefit/cost analysis for each option or 
     alternative together with an estimate of the contribution 
     each option or alternative could make to reduce foreign 
     oil imports. The report shall indicate, in detail, options 
     and alternatives to (1) increase the use of nonemitting 
     domestic energy sources, including conventional and 
     nonconventional sources such as, but not limited to, 
     increased nuclear energy generation, and (2) conserve 
     energy resources, including improving efficiencies and 
     decreasing fuel consumption.

     SEC. 4111. STUDY OF FINANCING FOR NEW TECHNOLOGIES.

       (a) The Secretary of Energy shall undertake an independent 
     assessment of innovative financing techniques to encourage 
     and enable construction of new electricity supply 
     technologies with high initial capital costs that might not 
     otherwise be built in a deregulated market.
       (b) The assessment shall be conducted by a firm with proven 
     expertise in financing large capital projects or in financial 
     services consulting, and is to be provided to Congress not 
     later than 270 days after the date of enactment of this Act.
       (c) The assessment shall include a comprehensive 
     examination of all available techniques to safeguard private 
     investors in high capital technologies--including advanced 
     design power plants including, but not limited to, nuclear--
     against government-imposed risks that are beyond the 
     investors' control. Such techniques may include (but not be 
     limited to) Federal loan guarantees, Federal price 
     guarantees, special tax considerations, and direct Federal 
     Government investment.

     SEC. 4112. REVIEW OF REGULATIONS TO ELIMINATE BARRIERS TO 
                   EMERGING ENERGY TECHNOLOGY.

       (a) In General.--Each Federal agency shall carry out a 
     review of its regulations and standards to determine those 
     that act as a barrier to market entry for emerging energy-
     efficient technologies, including, but not limited to, fuel 
     cells, combined heat and power, and distributed generation 
     (including small-scale renewable energy).
       (b) Report to Congress.--Not later than eighteen months 
     from date of enactment of this section, each agency shall 
     provide a report to Congress and the President detailing all 
     regulatory barriers to emerging energy-efficient 
     technologies, along with actions the agency intends to take, 
     or has taken, to remove such barriers.
       (c) Periodic Review.--Each agency shall subsequently review 
     its regulations and standards in this manner no less 
     frequently than every 5 years, and report their findings to 
     Congress and the President. Such reviews shall include a 
     detailed analysis of all agency actions taken to remove 
     existing barriers to emerging energy technologies.

     SEC. 4113. INTERAGENCY AGREEMENT ON ENVIRONMENTAL REVIEW OF 
                   INTERSTATE NATURAL GAS PIPELINE PROJECTS.

       The Secretary of Energy, in coordination with the Federal 
     Energy Regulatory Commission, shall establish an 
     administrative interagency task force to develop an 
     interagency agreement to expedite and facilitate the 
     environmental review and permitting of interstate natural gas 
     pipeline projects. The task force shall include the Bureau of 
     Land Management and the Fish and Wildlife Service in the 
     Department of the Interior, the United States Army Corps of 
     Engineers, the United States Forest Service, the 
     Environmental Protection Agency, the Advisory Council on 
     Historic Preservation and such other agencies as the Office 
     and the Federal Energy Regulatory Commission deem 
     appropriate. The interagency agreement shall require that 
     agencies complete their review of interstate pipeline 
     projects within a specific period of time after referral of 
     the matter by the Federal Energy Regulatory Commission. The 
     agreement shall be completed within 6 months after the 
     effective date of this section.

     SEC. 4114. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY 
                   RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary of Transportation, in 
     coordination with the Secretary of Energy, shall develop and 
     implement an accelerated cooperative program of research and 
     development to ensure the integrity of natural gas and 
     hazardous liquid pipelines. This research and development 
     program shall include materials inspection techniques, risk 
     assessment methodology, and information systems surety.
       (b) Purpose.--The purpose of the cooperative research 
     program shall be to promote research and development to--
       (1) ensure long-term safety, reliability and service life 
     for existing pipelines;
       (2) expand capabilities of internal inspection devices to 
     identify and accurately measure defects and anomalies;
       (3) develop inspection techniques for pipelines that cannot 
     accommodate the internal inspection devices available on the 
     date of enactment;

[[Page S9530]]

       (4) develop innovative techniques to measure the structural 
     integrity of pipelines to prevent pipeline failures;
       (5) develop improved materials and coatings for use in 
     pipelines;
       (6) improve the capability, reliability, and practicality 
     of external leak detection devices;
       (7) identify underground environments that might lead to 
     shortened service life;
       (8) enhance safety in pipeline siting and land use;
       (9) minimize the environmental impact of pipelines;
       (10) demonstrate technologies that improve pipeline safety, 
     reliability, and integrity;
       (11) provide risk assessment tools for optimizing risk 
     mitigation strategies; and
       (12) provide highly secure information systems for 
     controlling the operation of pipelines.
       (c) Areas.--In carrying out this section, the Secretary of 
     Transportation, in coordination with the Secretary of Energy, 
     shall consider research and development on natural gas, crude 
     oil, and petroleum product pipelines for--
       (1) early crack, defect, and damage detection, including 
     real-time damage monitoring;
       (2) automated internal pipeline inspection sensor systems;
       (3) land use guidance and set back management along 
     pipeline rights-of-way for communities;
       (4) internal corrosion control;
       (5) corrosion-resistant coatings;
       (6) improved cathodic protection;
       (7) inspection techniques where internal inspection is not 
     feasible, including measurement of structural integrity;
       (8) external leak detection, including portable real-time 
     video imaging technology, and the advancement of computerized 
     control center leak detection systems utilizing real-time 
     remote field data input;
       (9) longer life, high strength, non-corrosive pipeline 
     materials;
       (10) assessing the remaining strength of existing pipes;
       (11) risk and reliability analysis models, to be used to 
     identify safety improvements that could be realized in the 
     near term resulting from analysis of data obtained from a 
     pipeline performance tracking initiative;
       (12) identification, monitoring, and prevention of outside 
     force damage, including satellite surveillance; and
       (13) any other areas necessary to ensuring the public 
     safety and protecting the environment.
       (d) Research and Development Program Plan.--Within 240 days 
     after the date of enactment of this section, the Secretary of 
     Transportation, in coordination with the Secretary of Energy 
     and the Pipeline Integrity Technical Advisory Committee, 
     shall prepare and submit to Congress a 5-year program plan to 
     guide activities under this section. In preparing the program 
     plan, the Secretary shall consult with the appropriate 
     representatives of the natural gas, crude oil, and petroleum 
     product pipeline industries to select and prioritize 
     appropriate project proposals. The Secretary may also seek 
     the advice of utilities, manufacturers, institutions of 
     higher learning, Federal agencies, the pipeline research 
     institutions, national laboratories, State pipeline safety 
     officials, environmental organizations, pipeline safety 
     advocates, and professional and technical societies.
       (e)  Implementation.--The Secretary of Transportation shall 
     have primary responsibility for ensuring the 5-year plan 
     provided for in subsection (d) is implemented as intended by 
     this section. In carrying out the research, development, and 
     demonstration activities under this section, the Secretary of 
     Transportation and the Secretary of Energy may use, to the 
     extent authorized under applicable provisions of law, 
     contracts, cooperative agreements, cooperative research and 
     development agreements under the Stevenson-Wydler Technology 
     Innovation Act of 1980 (15 U.S.C. 3701 et seq.), grants, 
     joint ventures, other transactions, and any other form of 
     agreement available to the Secretary consistent with the 
     recommendations of the Advisory Committee.
       (f) Reports to Congress.--The Secretary of Transportation 
     shall report to Congress annually as to the status and 
     results to date of the implementation of the research and 
     development program plan. The report shall include the 
     activities of the Departments of Transportation and Energy, 
     the national laboratories, universities, and any other 
     research organizations, including industry research 
     organizations.
       (g) Pipeline Integrity Technical Advisory Committee.--
       (1) Establishment.--The Secretary of Transportation shall 
     enter into appropriate arrangements with the National Academy 
     of Sciences to establish and manage the Pipeline Integrity 
     Technical Advisory Committee for the purpose of advising the 
     Secretary of Transportation and the Secretary of Energy on 
     the development and implementation of the 5-year research, 
     development, and demonstration program plan as defined in 
     subsection (d). The Advisory Committee shall have an ongoing 
     role in evaluating the progress and results of the research, 
     development, and demonstration carried out under this 
     section.
       (2) Membership.--The National Academy of Sciences shall 
     appoint the members of the Pipeline Integrity Technical 
     Advisory Committee after consultation with the Secretary of 
     Transportation and the Secretary of Energy. Members appointed 
     to the Advisory Committee should have the necessary 
     qualifications to provide technical contributions to the 
     purposes of the Advisory Committee.
       (h) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation and to 
     the Secretary of Energy for carrying out this section such 
     sums as may be necessary for each of the fiscal years 2002 
     through 2006.

     SEC. 4115. RESEARCH AND DEVELOPMENT FOR NEW NATURAL GAS 
                   TECHNOLOGIES.

       (a) The Secretary of Energy shall conduct a comprehensive 
     5-year program for research, development and demonstration to 
     improve the reliability, efficiency, safety and integrity of 
     the natural gas transportation and distribution 
     infrastructure and for distributed energy resources 
     (including microturbines, fuel cells, advanced engine-
     generators gas turbines reciprocating engines, hybrid power 
     generation systems, and all ancillary equipment for dispatch, 
     control and maintenance).
       (b) There are authorized to be appropriated such sums as 
     may be necessary for the purposes of this section.

  TITLE II--TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM FOR ADVANCED 
 CLEAN COAL TECHNOLOGY FOR COAL-BASED ELECTRICITY GENERATING FACILITIES

     SEC. 4201. PURPOSE.

       The purpose of this title is to direct the Secretary of 
     Energy (referred to in this title as the ``Secretary'') to--
       (1) establish a coal-based technology development program 
     designed to achieve cost and performance goals;
       (2) carry out a study to identify technologies that may be 
     capable of achieving, either individually or in combination, 
     the cost and performance goals and for other purposes; and
       (3) implement a research, development, and demonstration 
     program to develop and demonstrate, in commercial-scale 
     applications, advanced clean coal technologies for coal-fired 
     generating units constructed before the date of enactment of 
     this title.

     SEC. 4202. COST AND PERFORMANCE GOALS.

       (a) In General.--The Secretary shall perform an assessment 
     that identifies costs and associated performance of 
     technologies that would permit the continued cost-competitive 
     use of coal for electricity generation, as chemical 
     feedstocks, and as transportation fuel in 2007, 2015, and the 
     years after 2020.
       (b) Consultation.--In establishing cost and performance 
     goals, the Secretary shall consult with representatives of--
       (1) the United States coal industry;
       (2) State coal development agencies;
       (3) the electric utility industry;
       (4) railroads and other transportation industries;
       (5) manufacturers of equipment using advanced coal 
     technologies;
       (6) organizations representing workers; and
       (7) organizations formed to--
       (A) further the goals of environmental protection;
       (B) promote the use of coal; or
       (C) promote the development and use of advanced coal 
     technologies.
       (c) Timing.--The Secretary shall--
       (1) not later than 120 days after the date of enactment of 
     this Act, issue a set of draft cost and performance goals for 
     public comment; and
       (2) not later than 180 days after the date of enactment of 
     this Act, and after taking into consideration any public 
     comments received, submit to Congress the final cost and 
     performance goals.

     SEC. 4203. STUDY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, in cooperation with the 
     Secretary of the Interior and the Administrator of the 
     Environmental Protection Agency, shall conduct a study to--
       (1) identify technologies capable of achieving cost and 
     performance goals, either individually or in various 
     combinations;
       (2) assess costs that would be incurred by, and the period 
     of time that would be required for, the development and 
     demonstration of technologies that contribute, either 
     individually or in various combinations, to the achievement 
     of cost and performance goals; and
       (3) develop recommendations for technology development 
     programs, which the Department of Energy could carry out in 
     cooperation with industry, to develop and demonstrate such 
     technologies.
       (b) Cooperation.--In carrying out this section, the 
     Secretary shall give appropriate consideration to the expert 
     advice of representatives from the entities described in 
     section 4111(b).

     SEC. 4204. TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAM.

       (a) In General.--The Secretary shall carry out a program of 
     research on and development, demonstration, and commercial 
     application of coal-based technologies under--
       (1) this division;
       (2) the Federal Nonnuclear Energy Research and Development 
     Act of 1974 (42 U.S.C. 5901 et seq.);
       (3) the Energy Reorganization Act of 1974 (42 U.S.C. 5801 
     et seq.); and
       (4) title XVI of the Energy Policy Act of 1992 (42 U.S.C. 
     13381 et seq.).
       (b) Conditions.--The research, development, demonstration, 
     and commercial application programs identified in section 
     4203(a)

[[Page S9531]]

     shall be designed to achieve the cost and performance goals, 
     either individually or in various combinations.
       (c) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to the 
     President and Congress a report containing--
       (1) a description of the programs that, as of the date of 
     the report, are in effect or are to be carried out by the 
     Department of Energy to support technologies that are 
     designed to achieve the cost and performance goals; and
       (2) recommendations for additional authorities required to 
     achieve the cost and performance goals.

     SEC. 4205. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out the provisions of sections 4202, 4203, and 4204, 
     $100,000,000 for each of fiscal years 2002 through 2012, to 
     remain available until expended.
       (b) Conditions of Authorization.--The authorization of 
     appropriations under subsection (a)--
       (1) shall be in addition to authorizations of 
     appropriations in effect on the date of enactment of this 
     Act; and
       (2) shall not be a cap on Department of Energy fossil 
     energy research and development and clean coal technology 
     appropriations.

     SEC. 4206. POWER PLANT IMPROVEMENT INITIATIVE.

       (a) In General.--The Secretary shall carry out a power 
     plant improvement initiative program that will demonstrate 
     commercial applications of advanced coal-based technologies 
     applicable to new or existing power plants, including co-
     production plants, that, either individually or in 
     combination, advance the efficiency, environmental 
     performance and cost competitiveness well beyond that which 
     is in operation or has been demonstrated to date.
       (b) Plan.--Not later than 120 days after the date of 
     enactment of this title, the Secretary shall submit to 
     Congress a plan to carry out subsection (a) that includes a 
     description of--
       (1) the program elements and management structure to be 
     used;
       (2) the technical milestones to be achieved with respect to 
     each of the advanced coal-based technologies included in the 
     plan; and
       (3) the demonstration activities that will benefit new or 
     existing coal-based electric generation units having at least 
     a 50 megawatt nameplate rating including improvements to 
     allow the units to achieve either--
       (A) an overall design efficiency improvement of not less 
     than 3 percentage points as compared with the efficiency of 
     the unit as operated on the date of enactment of this title 
     and before any retrofit, repowering, replacement or 
     installation;
       (B) a significant improvement in the environmental 
     performance related to the control of sulfur dioxide, 
     nitrogen oxide or mercury in a manner that is well below the 
     cost of technologies that are in operation or have been 
     demonstrated to date; or
       (C) a means of recycling or reusing a significant 
     proportion of coal combustion wastes produced by coal-based 
     generating units excluding practices that are commercially 
     available at the date of enactment.

     SEC. 4207. FINANCIAL ASSISTANCE.

       (a) In General.--Not later than 180 days after the date on 
     which the Secretary submits to Congress the plan under 
     section 4206(b), the Secretary shall solicit proposals for 
     projects which serve or benefit new or existing facilities 
     and, either individually or in combination, are designed 
     to achieve the levels of performance set forth in section 
     4206(b)(3).
       (b) Project Criteria.--A solicitation under subsection (a) 
     may include solicitation of a proposal for a project to 
     demonstrate--
       (1) the reduction of emissions of 1 or more pollutants; or
       (2) the production of coal combustion byproducts that are 
     capable of obtaining economic values significantly greater 
     than byproducts produced on the date of enactment of this 
     title.
       (c) Financial Assistance.--The Secretary shall provide 
     financial assistance to projects that--
       (1) demonstrate overall cost reductions in the utilization 
     of coal to generate useful forms of energy;
       (2) improve the competitiveness of coal among various forms 
     of energy to maintain a diversity of fuel choices in the 
     United States to meet electricity generation requirements;
       (3) achieve in a cost-effective manner, 1 or more of the 
     criteria set out in the solicitation; and
       (4) demonstrate technologies that are applicable to 25 
     percent of the electricity generating facilities that use 
     coal as the primary feedstock on the date of enactment of 
     this title.
       (d) Federal Share.--The Federal share of the cost of any 
     project funded under this section shall not exceed 50 
     percent.
       (e) Exemption From New Source Review Provisions.--A project 
     funded under this section shall be exempt from the new source 
     review provisions of the Clean Air Act (42 U.S.C. 7401 et 
     seq.).

     SEC. 4208. FUNDING.

       To carry out sections 4206 and 4207, there are authorized 
     to be appropriated such sums as may be necessary.

     SEC. 4209. RESEARCH AND DEVELOPMENT FOR ADVANCED SAFE AND 
                   EFFICIENT COAL MINING TECHNOLOGIES.

       (a) The Secretary of Energy shall establish a cooperative 
     research partnership involving appropriate Federal agencies, 
     coal producers, including associations, equipment 
     manufacturers, universities with mining engineering 
     departments, and other relevant entities to develop mining 
     research priorities identified by the Mining Industry of the 
     Future Program and in the National Academy of Sciences report 
     on Mining Technologies, establish a process for joint 
     industry-government research; and expand mining research 
     capabilities at universities.
       (b) There are authorized to be appropriated to carry out 
     the requirements of this section, $10,000,000 in fiscal year 
     2002, $12,000,000 in fiscal year 2003, and $15,000,000 in 
     fiscal year 2004. At least 20 percent of any funds 
     appropriated shall be dedicated to research carried out at 
     universities.

     SEC. 4210. RAILROAD EFFICIENCY.

       (a) The Secretary shall, in conjunction with the 
     Secretaries of Transportation and Defense, and the 
     Administrator of the Environmental Protection Agency, 
     establish a public-private research partnership involving the 
     Federal Government, railroad carriers, locomotive 
     manufacturers, and the Association of American Railroads. The 
     goal of the initiative shall include developing and 
     demonstrating locomotive technologies that increase fuel 
     economy, reduce emissions, improve safety, and lower costs.
       (b) There are authorized to be appropriated to carry out 
     the requirements of this section $50,000,000 in fiscal year 
     2002, $60,000,000 in fiscal year 2003, and $70,000,000 in 
     fiscal year 2004.

                         TITLE III--OIL AND GAS

           Subtitle A--Deepwater and Frontier Royalty Relief

     SEC. 4301. SHORT TITLE.

       This subtitle may be cited as the ``Outer Continental Shelf 
     Deep Water and Frontier Royalty Relief Act''.

     SEC. 4302. AMENDMENTS TO THE OUTER CONTINENTAL SHELF LANDS 
                   ACT.

       (a) Section 8(a)(1)(D) of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1337(a)(1)(D)) is amended by striking the word 
     ``area;'' and inserting in lieu thereof the word ``area,'' 
     and the following new text: ``except in the Arctic areas of 
     Alaska, where the Secretary is authorized to set the net 
     profit share at 16\2/3\ percent. For purposes of this 
     section, `Arctic areas' means the Beaufort Sea and Chukchi 
     Sea Planning Areas of Alaska;''.
       (b) Section 8(a) of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1337(a)) is amended by adding at the end the 
     following:
       ``(9) After an oil and gas lease is granted pursuant to any 
     of the bidding systems of paragraph (1) of this subsection, 
     the Secretary shall reduce any future royalty or rental 
     obligation of the lessee on any lease issued by the Secretary 
     (and proposed by the lessee for such reduction) by an amount 
     equal to--
       ``(A) 10 percent of the qualified costs of exploratory 
     wells drilled or geophysical work performed on any lease 
     issued by the Secretary, whichever is greater, pursuant to 
     this Act in Arctic areas of Alaska; and
       ``(B) an additional 10 percent of the qualified costs of 
     any such exploratory wells which are located ten or more 
     miles from another well drilled for oil and gas.

     For purposes of this Act, `qualified costs' shall mean the 
     costs allocated to the exploratory well or geophysical work 
     in support of an exploration program pursuant to the Internal 
     Revenue Code of 1986; `exploratory well' shall mean either an 
     exploratory well as defined by the United States Securities 
     and Exchange Commission in sections 210.4 through 
     210.10(a)(10) of title 17, Code of Federal Regulations (or a 
     successor regulation), or a well 3 or more miles from any oil 
     or gas well or a pipeline which transports oil or gas to a 
     market or terminal; `geophysical work' shall mean all 
     geophysical data gathering methods used in hydrocarbon 
     exploration and includes seismic, gravity, magnetic, and 
     electromagnetic measurements; and all distances shall be 
     measured in horizontal distance. When a measurement beginning 
     or ending point is a well, the measurement point shall be the 
     bottom hole location of that well.''.

     SEC. 4303. REGULATIONS.

       The Secretary shall promulgate such rules and regulations 
     as are necessary to implement the provisions of this subtitle 
     not later than 180 days after the date of enactment of this 
     Act.

     SEC. 4304. SAVINGS CLAUSE.

       Nothing in this subtitle shall be construed to affect any 
     offshore pre-leasing, leasing, or development moratorium, 
     including any moratorium applicable to the Eastern Planning 
     Area of the Gulf of Mexico located off the Gulf Coast of 
     Florida.

               Subtitle B--Oil and Gas Royalties in Kind

     SEC. 4310. PROGRAM ON OIL AND GAS ROYALTIES IN KIND.

       (a) Applicability of Section.--Notwithstanding any other 
     provision of law, the provisions of this section shall apply 
     to all royalty in kind accepted by the Secretary of the 
     Interior under any Federal oil or gas lease or permit under 
     section 36 of the Mineral Leasing Act (30 U.S.C. 192) or 
     section 27 of the Outer Continental Shelf Lands Act (43 
     U.S.C. 1353) or any other mineral leasing law from the date 
     of enactment of this Act through September 30, 2006.
       (b) Terms and Conditions.--All royalty accruing to the 
     United States under any Federal oil or gas lease or permit 
     under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the 
     Outer Continental Shelf Lands Act (43 U.S.C.

[[Page S9532]]

     1331 et seq.) or any other mineral leasing law on demand of 
     the Secretary of the Interior shall be paid in oil or gas. If 
     the Secretary of the Interior elects to accept the royalty in 
     kind--
       (1) delivery by, or on behalf of, the lessee of the royalty 
     amount and quality due at the lease satisfies the lessee's 
     royalty obligation for the amount delivered, except that 
     transportation and processing reimbursements paid to, or 
     deductions claimed by, the lessee shall be subject to review 
     and audit;
       (2) royalty production shall be placed in marketable 
     condition at no cost to the United States;
       (3) the Secretary of the Interior may--
       (A) sell or otherwise dispose of any royalty oil or gas 
     taken in kind for not less than fair market value; and
       (B) transport or process any oil or gas royalty taken in 
     kind;
       (4) the Secretary of the Interior may, notwithstanding 
     section 3302 of title 31, United States Code, retain and use 
     a portion of the revenues from the sale of oil and gas 
     royalties taken in kind that otherwise would be deposited to 
     miscellaneous receipts, without regard to fiscal year 
     limitation, or may use royalty production, to pay the cost 
     of--
       (A) transporting the oil or gas;
       (B) processing the gas; or
       (C) disposing of the oil or gas; and
       (5) the Secretary may not use revenues from the sale of oil 
     and gas royalties taken in kind to pay for personnel, travel 
     or other administrative costs of the Federal Government.
       (c) Reimbursement of Cost.--If the lessee, pursuant to an 
     agreement with the United States or as provided in the lease, 
     processes the gas or delivers the royalty oil or gas at a 
     point not on or adjacent to the lease area, the Secretary of 
     the Interior shall reimburse the lessee for the reasonable 
     costs of transportation (not including gathering) from the 
     lease to the point of delivery or for processing costs, or, 
     at the discretion of the Secretary of the Interior, allow the 
     lessee to deduct such transportation or processing costs in 
     reporting and paying royalties in value for other Federal oil 
     and gas leases.
       (d) Benefit to the United States.--The Secretary shall 
     administer any program taking royalty oil or gas in kind only 
     if the Secretary determines that the program is providing 
     benefits to the United States greater than or equal to those 
     which would be realized under a comparable royalty in value 
     program.
       (e) Report to Congress.--For every fiscal year, beginning 
     in 2002 through 2006, in which the United States takes oil or 
     gas royalties within any State or from the outer Continental 
     Shelf in kind, excluding royalties taken in kind and sold to 
     refineries under subsection (h) of this section, the 
     Secretary of the Interior shall provide a report to Congress 
     that describes--
       (1) the methodology or methodologies used by the Secretary 
     to determine compliance with subsection (d), including 
     performance standards for comparing to amounts likely to have 
     been received had royalties been taken in value;
       (2) an explanation of the evaluation that led the Secretary 
     to take royalties in kind from a lease or group of leases, 
     including the expected revenue effect of taking royalties in 
     kind;
       (3) actual amounts realized from taking royalties in kind, 
     and costs and savings associated with taking royalties in 
     kind; and
       (4) an evaluation of other relevant public benefits or 
     detriments associated with taking royalties in kind.
       (f) Deduction of Expenses.--
       (1) Prior to making disbursements under section 35 of the 
     Mineral Leasing Act (30 U.S.C. 191) or section 8(g) of the 
     Outer Continental Shelf Lands Act (30 U.S.C. 1337(g)) or 
     other applicable provision of law, of revenues derived from 
     the sale of royalty production taken in kind from a lease, 
     the Secretary of the Interior shall deduct amounts paid or 
     deducted under paragraphs (b)(3) and (c), and shall deposit 
     such amounts to miscellaneous receipts.
       (2) If the Secretary of the Interior allows the lessee to 
     deduct transportation or processing costs under paragraph 
     (c), the Secretary of the Interior may not reduce any 
     payments to recipients of revenues derived from any other 
     Federal oil and gas lease as a consequence of that deduction.
       (g) Consultation With States.--The Secretary of the 
     Interior will consult with a State prior to conducting a 
     royalty in kind program within the State and may delegate 
     management of any portion of the Federal royalty in kind 
     program to such State except as otherwise prohibited by 
     Federal law. The Secretary shall also consult annually with 
     any State from which Federal royalty oil or gas is being 
     taken in kind to ensure to the maximum extent practicable 
     that the royalty in kind program provides revenues to the 
     State greater than or equal to those which would be realized 
     under a comparable royalty in value program.
       (h) Provisions for Small Refineries.--
       (1) If the Secretary of the Interior determines that 
     sufficient supplies of crude oil are not available in the 
     open market to refineries not having their own source of 
     supply for crude oil, the Secretary may grant preference to 
     such refineries in the sale of any royalty oil accruing or 
     reserved to the United States under Federal oil and gas 
     leases issued under any mineral leasing law, for processing 
     or use in such refineries at private sale at not less than 
     fair market value.
       (2) In selling oil under this subsection, the Secretary of 
     the Interior may at his discretion prorate such oil among 
     such refineries in the area in which the oil is produced.
       (i) Disposition to Federal Agencies.--
       (1) Any royalty oil or gas taken in kind from onshore oil 
     and gas leases may be sold at not less than the fair market 
     value to any department or agency of the United States.
       (2) Any royalty oil or gas taken in kind from Federal oil 
     and gas leases on the outer Continental Shelf may be disposed 
     of under section 27 of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1353(a)(3)).

Subtitle C--Use of Royalty In Kind Oil To Fill the Strategic Petroleum 
                                Reserve

     SEC. 4320. USE OF ROYALTY IN KIND OIL TO FILL THE STRATEGIC 
                   PETROLEUM RESERVE.

       The Secretary of the Interior shall enter into an agreement 
     with the Secretary of Energy to transfer title to the Federal 
     share of crude oil production from Federal lands for use at 
     the discretion of the Secretary of Energy in filling the 
     Strategic Petroleum Reserve during periods of crude oil 
     market stability. The Secretary of Energy may also use the 
     Federal share of crude oil produced from Federal lands for 
     other disposal within the Federal Government, as he may 
     determine, to carry out the energy policy of the United 
     States.

    Subtitle D--Improvements to Federal Oil and Gas Lease Management

     SEC. 4330. SHORT TITLE.

       This subtitle may be cited as the ``Federal Oil and Gas 
     Lease Management Improvement Act of 2000''.

     SEC. 4331. DEFINITIONS.

       In this subtitle:
       (1) Application for a permit to drill.--The term 
     ``application for a permit to drill'' means a drilling plan 
     including design, mechanical, and engineering aspects for 
     drilling a well.
       (2) Federal land.--
       (A) In general.--The term ``Federal land'' means all land 
     and interests in land owned by the United States that are 
     subject to the mineral leasing laws, including mineral 
     resources or mineral estates reserved to the United States in 
     the conveyance of a surface or non-mineral estate.
       (B) Exclusion.--The term ``Federal land'' does not 
     include--
       (i) Indian land (as defined in section 3 of the Federal Oil 
     and Gas Royalty Management Act of 1982 (30 U.S.C. 1702)); or
       (ii) submerged land on the outer Continental Shelf (as 
     defined in section 2 of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1331)).
       (3) Oil and gas conservation authority.--The term ``oil and 
     gas conservation authority'' means the agency or agencies in 
     each State responsible for regulating for conservation 
     purposes operations to explore for and produce oil and 
     natural gas.
       (4) Project.--The term ``project'' means an activity by a 
     lessee, an operator, or an operating rights owner to explore 
     for, develop, produce, or transport oil or gas resources.
       (5) Secretary.--The term ``Secretary'' means--
       (A) the Secretary of the Interior, with respect to land 
     under the administrative jurisdiction of the Department of 
     the Interior; and
       (B) the Secretary of Agriculture, with respect to land 
     under the administrative jurisdiction of the Department of 
     Agriculture.
       (6) Surface use plan of operations.--The term ``surface use 
     plan of operations'' means a plan for surface use, 
     disturbance, and reclamation.

     SEC. 4332. NO PROPERTY RIGHT.

       Nothing in this subtitle gives a State a property right or 
     interest in any Federal lease or land.

     SEC. 4333. TRANSFER OF AUTHORITY.

       (a) Notification.--Not before the date that is 180 days 
     after the date of enactment of this Act, a State may notify 
     the Secretary of its intent to accept authority for 
     regulation of operations, as described in subparagraphs (A) 
     through (K) of subsection (b)(2), under oil and gas leases on 
     Federal land within the State.
       (b) Transfer of Authority.--
       (1) In general.--Effective 180 days after the Secretary 
     receives the State's notice, authority for the regulation of 
     oil and gas leasing operations is transferred from the 
     Secretary to the State.
       (2) Authority included.--The authority transferred under 
     paragraph (1) includes--
       (A) processing and approving applications for permits to 
     drill, subject to surface use agreements and other terms and 
     conditions determined by the Secretary;
       (B) production operations;
       (C) well testing;
       (D) well completion;
       (E) well spacing;
       (F) communication;
       (G) conversion of a producing well to a water well;
       (H) well abandonment procedures;
       (I) inspections;
       (J) enforcement activities; and
       (K) site security.
       (c) Retained Authority.--The Secretary shall--
       (1) retain authority over the issuance of leases and the 
     approval of surface use plans of operations and project-level 
     environmental analyses; and
       (2) spend appropriated funds to ensure that timely 
     decisions are made respecting oil and

[[Page S9533]]

     gas leasing, taking into consideration multiple uses of 
     Federal land, socioeconomic and environmental impacts, and 
     the results of consultations with State and local government 
     officials.

     SEC. 4334. ACTIVITY FOLLOWING TRANSFER OF AUTHORITY.

       (a) Federal Agencies.--Following the transfer of authority, 
     no Federal agency shall exercise the authority formerly held 
     by the Secretary as to oil and gas lease operations and 
     related operations on Federal land.
       (b) State Authority.--
       (1) In general.--Following the transfer of authority, each 
     State shall enforce its own oil and gas conservation laws and 
     requirements pertaining to transferred oil and gas lease 
     operations and related operations with due regard to the 
     national interest in the expedited, environmentally sound 
     development of oil and gas resources in a manner consistent 
     with oil and gas conservation principles.
       (2) Appeals.--Following a transfer of authority under 
     section 4333, an appeal of any decision made by a State oil 
     and gas conservation authority shall be made in accordance 
     with State administrative procedures.
       (c) Pending Enforcement Actions.--The Secretary may 
     continue to enforce any pending actions respecting acts 
     committed before the date on which authority is transferred 
     to a State under section 4333 until those proceedings are 
     concluded.
       (d) Pending Applications.--
       (1) Transfer to state.--All applications respecting oil and 
     gas lease operations and related operations on Federal land 
     pending before the Secretary on the date on which authority 
     is transferred under section 4333 shall be immediately 
     transferred to the oil and gas conservation authority of the 
     State in which the lease is located.
       (2) Action by the state.--The oil and gas conservation 
     authority shall act on the application in accordance with 
     State laws (including regulations) and requirements.

     SEC. 4335. COMPENSATION FOR COSTS.

       (a) In General.--Subject to the availability of 
     appropriations, the Secretary shall compensate any State for 
     costs incurred to carry out the authorities transferred under 
     section 4333.
       (b) Payment Schedule.--Payments shall be made not less 
     frequently than every quarter.
       (c) Cost Breakdown Report.--Each State seeking compensation 
     shall report to the Secretary a cost breakdown for the 
     authorities transferred.

     SEC. 4336. APPLICATIONS.

       (a) Limitation on Cost Recovery.--Notwithstanding sections 
     304 and 504 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1734, 1764) and section 9701 of title 31, 
     United States Code, the Secretary shall not recover the 
     Secretary's costs with respect to applications and other 
     documents relating to oil and gas leases.
       (b) Completion of Planning Documents and Analyses.--
       (1) In general.--The Secretary shall complete any resource 
     management planning documents and analyses not later than 90 
     days after receiving any offer, application, or request for 
     which a planning document or analysis is required to be 
     prepared.
       (2) Preparation by applicant or lessee.--If the Secretary 
     is unable to complete the document or analysis within the 
     time prescribed by paragraph (1), the Secretary shall notify 
     the applicant or lessee of the opportunity to prepare the 
     required document or analysis for the agency's review and use 
     in decisionmaking.
       (c) Reimbursement for Costs of NEPA Analyses, 
     Documentation, and Studies.--If--
       (1) adequate funding to enable the Secretary to timely 
     prepare a project-level analysis required under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
     with respect to an oil or gas lease is not appropriated; and
       (2) the lessee, operator, or operating rights owner 
     voluntarily pays for the cost of the required analysis, 
     documentation, or related study;

     the Secretary shall reimburse the lessee, operator, or 
     operating rights owner for its costs through royalty credits 
     attributable to the lease, unit agreement, or project area.

     SEC. 4337. TIMELY ISSUANCE OF DECISIONS.

       (a) In General.--The Secretary shall ensure the timely 
     issuance of Federal agency decisions respecting oil and gas 
     leasing and operations on Federal land.
       (b) Offer To Lease.--
       (1) Deadline.--The Secretary shall accept or reject an 
     offer to lease not later than 90 days after the filing of the 
     offer.
       (2) Failure to meet deadline.--If an offer is not acted 
     upon within that time, the offer shall be deemed to have been 
     accepted.
       (c) Application for Permit To Drill.--
       (1) Deadline.--The Secretary and a State that has accepted 
     a transfer of authority under section 4333 shall approve or 
     disapprove an application for permit to drill not later than 
     30 days after receiving a complete application.
       (2) Failure to meet deadline.--If the application is not 
     acted on within the time prescribed by paragraph (1), the 
     application shall be deemed to have been approved.
       (d) Surface Use Plan of Operations.--The Secretary shall 
     approve or disapprove a surface use plan of operations not 
     later than 30 days after receipt of a complete plan.
       (e) Administrative Appeals.--
       (1) Deadline.--From the time that a Federal oil and gas 
     lessee or operator files a notice of administrative appeal of 
     a decision or order of an officer or employee of the 
     Department of the Interior or the Forest Service respecting a 
     Federal oil and gas Federal lease, the Secretary shall have 2 
     years in which to issue a final decision in the appeal.
       (2) Failure to meet deadline.--If no final decision has 
     been issued within the time prescribed by paragraph (1), the 
     appeal shall be deemed to have been granted.

     SEC. 4338. ELIMINATION OF UNWARRANTED DENIALS AND STAYS.

       (a) In General.--The Secretary shall ensure that 
     unwarranted denials and stays of lease issuance and 
     unwarranted restrictions on lease operations are eliminated 
     from the administration of oil and gas leasing on Federal 
     land.
       (b) Land Designated for Multiple Use.--
       (1) In general.--Land designated as available for multiple 
     use under Bureau of Land Management resource management plans 
     and Forest Service leasing analyses shall be available for 
     oil and gas leasing without lease stipulations more stringent 
     than restrictions on surface use and operations imposed under 
     the laws (including regulations) of the State oil and gas 
     conservation authority unless the Secretary includes in the 
     decision approving the management plan or leasing analysis a 
     written explanation why more stringent stipulations are 
     warranted.
       (2) Appeal.--Any decision to require a more stringent 
     stipulation shall be administratively appealable and, 
     following a final agency decision, shall be subject to 
     judicial review.
       (c) Rejection of Offer To Lease.--
       (1) In general.--If the Secretary rejects an offer to lease 
     on the ground that the land is unavailable for leasing, the 
     Secretary shall provide a written, detailed explanation of 
     the reasons the land is unavailable for leasing.
       (2) Previous resource management decision.--If the 
     determination of unavailability is based on a previous 
     resource management decision, the explanation shall include a 
     careful assessment of whether the reasons underlying the 
     previous decision are still persuasive.
       (3) Segregation of available land from unavailable land.--
     The Secretary may not reject an offer to lease land available 
     for leasing on the ground that the offer includes land 
     unavailable for leasing, and the Secretary shall segregate 
     available land from unavailable land, on the offeror's 
     request following notice by the Secretary, before acting on 
     the offer to lease.
       (d) Disapproval or Required Modification of Surface Use 
     Plans of Operations and Application for Permit To Drill.--The 
     Secretary shall provide a written, detailed explanation of 
     the reasons for disapproving or requiring modifications of 
     any surface use plan of operations or application for permit 
     to drill.
       (e) Effectiveness of Decision.--A decision of the Secretary 
     respecting an oil and gas lease shall be effective pending 
     administrative appeal to the appropriate office within the 
     Department of the Interior or the Department of Agriculture 
     unless that office grants a stay in response to a petition 
     satisfying the criteria for a stay established by section 
     4.21(b) of title 43, Code of Federal Regulations (or any 
     successor regulation).

     SEC. 4339. REPORTS.

       (a) In General.--Not later than March 31, 2002, the 
     Secretaries shall jointly submit to Congress a report 
     explaining the most efficient means of eliminating 
     overlapping jurisdiction, duplication of effort, and 
     inconsistent policymaking and policy implementation as 
     between the Bureau of Land Management and the Forest Service.
       (b) Recommendations.--The report shall include 
     recommendations on statutory changes needed to implement the 
     report's conclusions.

              Subtitle E--Royalty Reinvestment in America

     SEC. 4351. ROYALTY INCENTIVE PROGRAM.

       (a) In General.--To encourage exploration and development 
     expenditures on Federal land and the outer Continental Shelf 
     for the development of oil and gas resources when the cash 
     price of West Texas Intermediate crude oil, as posted on the 
     Dow Jones Commodities Index chart is less than $18 per barrel 
     for 90 consecutive pricing days or when natural gas prices as 
     delivered at Henry Hub, Louisiana, are less than $2.30 per 
     million British thermal units for 90 consecutive days, the 
     Secretary shall allow a credit against the payment of 
     royalties on Federal oil production and gas production, 
     respectively, in an amount equal to 20 percent of the capital 
     expenditures made on exploration and development activities 
     on Federal oil and gas leases.
       (b) No Crediting Against Onshore Federal Royalty 
     Obligations.--In no case shall such capital expenditures made 
     on outer Continental Shelf leases be credited against onshore 
     Federal royalty obligations.

                           TITLE IV--NUCLEAR

                  Subtitle A--Price-Anderson Amendments

     SEC. 4401. SHORT TITLE.

       This subtitle may be cited as the ``Price-Anderson 
     Amendments Act of 2001''.

     SEC. 4402. INDEMNIFICATION AUTHORITY.

       (a) Indemnification of NRC Licensees.--Section 170c. of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2210(c)) is amended by 
     striking ``August 1, 2002'' each place it appears and 
     inserting ``August 1, 2012''.
       (b) Indemnification of DOE Contractors.--Section 
     170d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(d)(1)(A)) is

[[Page S9534]]

     amended by striking ``, until August 1, 2002,''.
       (c) Indemnification of Nonprofit Educational 
     Institutions.--Section 170k. of the Atomic Energy Act of 1954 
     (42 U.S.C. 2210(k)) is amended by striking ``August 1, 2002'' 
     each place it appears and inserting ``August 1, 2012''.

     SEC. 4403. DOE LIABILITY LIMIT.

       (a) Aggregate Liability Limit.--Section 170d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking 
     paragraph (2) and inserting the following:
       ``(2) In agreements of indemnification entered into under 
     paragraph (1), the Secretary--
       ``(A) may require the contractor to provide and maintain 
     financial protection of such a type and in such amounts as 
     the Secretary shall determine to be appropriate to cover 
     public liability arising out of or in connection with the 
     contractual activity; and
       ``(B) shall indemnify the persons indemnified against such 
     claims above the amount of the financial protection required, 
     in the amount of $10,000,000,000 (subject to adjustment for 
     inflation under subsection t.), in the aggregate, for all 
     persons indemnified in connection with such contract and for 
     each nuclear incident, including such legal costs of the 
     contractor as are approved by the Secretary.''.
       (b) Contract Amendments.--Section 170d. of the Atomic 
     Energy Act of 1954 (42 U.S.C. 2210(d)) is further amended by 
     striking paragraph (3) and inserting the following:
       ``(3) All agreements of indemnification under which the 
     Department of Energy (or its predecessor agencies) may be 
     required to indemnify any person, shall be deemed to be 
     amended, on the date of enactment of the Price-Anderson 
     Amendments Act of 2001, to reflect the amount of indemnity 
     for public liability and any applicable financial protection 
     required of the contractor under this subsection on such 
     date.''.

     SEC. 4404. INCIDENTS OUTSIDE THE UNITED STATES.

       (a) Amount of Indemnification.--Section 170d.(5) of the 
     Atomic Energy Act of 1954 (42 U.S.C. 2210(d)(5)) is amended 
     by striking ``$100,000,000'' and inserting ``$500,000,000''.
       (b) Liability Limit.--Section 170e.(4) of the Atomic Energy 
     Act of 1954 (42 U.S.C. 2210(e)(4)) is amended by striking 
     ``$100,000,000'' and inserting ``$500,000,000''.

     SEC. 4405. REPORTS.

       Section 170p. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(p)) is amended by striking ``August 1, 1998'' and 
     inserting ``August 1, 2008''.

     SEC. 4406. INFLATION ADJUSTMENT.

       Section 170t. of the Atomic Energy Act of 1954 (42 U.S.C. 
     2210(t)) is amended--
       (1) by renumbering paragraph (2) as paragraph (3); and
       (2) by adding after paragraph (1) the following:
       ``(2) The Secretary shall adjust the amount of 
     indemnification provided under an agreement of 
     indemnification under subsection d. not less than once during 
     each 5-year period following the date of enactment of the 
     Price-Anderson Amendments Act of 2001, in accordance with the 
     aggregate percentage change in the Consumer Price Index 
     since--
       ``(A) such date of enactment, in the case of the first 
     adjustment under this subsection; or
       ``(B) the previous adjustment under this subsection.''.

     SEC. 4407. CIVIL PENALTIES.

       (a) Repeal of Automatic Remission.--Section 234Ab.(2) of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is 
     amended by striking the last sentence.
       (b) Limitation for Nonprofit Institutions.--Section 234A of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2282a) is further 
     amended by striking subsection d. and inserting the 
     following:
       ``d. Notwithstanding subsection a., no contractor, 
     subcontractor, or supplier considered to be nonprofit under 
     the Internal Revenue Code of 1954 shall be subject to a civil 
     penalty under this section in excess of the amount of any 
     performance fee paid by the Secretary to such contractor, 
     subcontractor, or supplier under the contract under which the 
     violation or violations; occur.''.

     SEC. 4408. EFFECTIVE DATE.

       (a) In General.--The amendments made by this subtitle shall 
     become effective on the date of enactment of this Act.
       (b) Indemnification Provisions.--The amendments made by 
     sections 4403 and 4404 shall not apply to any nuclear 
     incident occurring before the date of enactment of this Act.
       (c) Civil Penalty Provisions.--The amendments made by 
     section 4407 to section 234A of the Atomic Energy Act of 1954 
     (42 U.S.C. 2282a(b)(2)) shall not apply to any violation 
     occurring under a contract entered into before the date of 
     enactment of this Act.

           Subtitle B--Funding From the Department of Energy

     SEC. 4410. NUCLEAR ENERGY RESEARCH INITIATIVE.

       There are authorized to be appropriated $60,000,000 for 
     fiscal year 2002 and such sums as are necessary for each 
     fiscal year thereafter for a Nuclear Energy Research 
     Initiative to be managed by the Director of the Office of 
     Nuclear Energy, for grants to be competitively awarded and 
     subject to peer review for research relating to nuclear 
     energy. The Secretary of Energy shall submit to the Committee 
     on Science and the Committee on Appropriations in the House 
     of Representatives, and to the Committee on Energy and 
     Natural Resources and the Committee on Appropriations of the 
     Senate, an annual report on the activities of the Nuclear 
     Energy Research Initiative.

     SEC. 4411. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.

        There are authorized to be appropriated $10,000,000 for 
     fiscal year 2002 and such sums as are necessary for each 
     fiscal year thereafter for a Nuclear Energy Plant 
     Optimization Program to be managed by the Director of the 
     Office of Nuclear Energy, for a joint program with industry 
     cost-shared by at least 50 percent and subject to annual 
     review by the Secretary of Energy's Nuclear Energy 
     Research Advisory Council. The Secretary of Energy shall 
     submit to the Committee on Science and the Committee on 
     Appropriations in the House of Representatives, and to the 
     Committee on Energy and Natural Resources and the 
     Committee on Appropriations of the Senate, an annual 
     report on the activities of the Nuclear Energy Plant 
     Optimization Program.

     SEC. 4412. NUCLEAR ENERGY TECHNOLOGY DEVELOPMENT PROGRAM.

       There are authorized to be appropriated $25,000,000 for 
     fiscal year 2002 and such sums as are necessary for each 
     fiscal year thereafter for a Nuclear Energy Technology 
     Development Program to be managed by the Director of the 
     Office of Nuclear Energy, for a roadmap to design and develop 
     a new nuclear energy facility in the United States and 
     subject to annual review by the Secretary of Energy's Nuclear 
     Energy Research Advisory Council. The Secretary of Energy 
     shall submit to the Committee on Science and the Committee on 
     Appropriations in the House of Representatives, and to the 
     Committee on Energy and Natural Resources and the Committee 
     on Appropriations of the Senate, an annual report on the 
     activities of the Nuclear Technology Development Program.

 Subtitle C--Grants for Incentive Payments for Capital Improvements To 
                          Increase Efficiency

     SEC. 4420. NUCLEAR ENERGY PRODUCTION INCENTIVES.

       (a) Incentive Payments.--For electric energy generated and 
     sold by an existing nuclear energy facility during the 
     incentive period, the Secretary of Energy shall make, subject 
     to the availability of appropriations, incentive payments to 
     the owner or operator of such facility. The amount of such 
     payment made to any such owner or operator shall be as 
     determined under subsection (e) of this section. Payments 
     under this section may only be made upon receipt by the 
     Secretary of an incentive payment application, which 
     establishes that the applicant is eligible to receive such 
     payment and which satisfies such other requirements as the 
     Secretary deems necessary. Such application shall be in such 
     form, and shall be submitted at such time, as the Secretary 
     shall establish.
       (b) Definitions.--For purposes of this section:
       (1) Qualified nuclear energy facility.--The term 
     ``qualified nuclear energy facility'' means an existing 
     reactor used to generate electricity for sale.
       (2) Existing reactor.--The term ``existing reactor'' means 
     any nuclear reactor the construction of which was completed 
     and licensed by the Nuclear Regulatory Commission before the 
     date of enactment of this section.
       (c) Incentive Period.--A qualified nuclear energy facility 
     may receive payments under this section for a period of 15 
     years (referred to in this section as the ``incentive 
     period'').
       (d) Amount of Payment.--
       (1) Payments made by the Secretary under this section to 
     the owner or operator of a nuclear energy facility shall be 
     based on the increased volume of kilowatt hours of 
     electricity generated by the qualified nuclear energy 
     facility during the incentive period. The amount of such 
     payment shall be 1 mill for each kilowatt-hour produced in 
     excess of the total generation produced over the most recent 
     calendar year prior to the first fiscal year in which payment 
     is sought. Such payment is subject to the availability of 
     appropriations under subsection (f), except that no facility 
     may receive more than $2,000,000 in 1 calendar year.
       (2) The amount of the payment made to any person under this 
     section as provided in paragraph (1) shall be adjusted for 
     inflation for each fiscal year beginning after calendar year 
     2001 in the same manner as provided in the provisions of 
     section 29(d)(2)(B) of the Internal Revenue Code of 1986, 
     except that in applying such provisions, the calendar year 
     2001 shall be substituted for the calendar year 1979.
       (e) Sunset.--No payment may be made under this section to 
     any nuclear energy facility after the expiration of the 
     period of 20 fiscal years beginning with fiscal year 2001, 
     and no payment may be made under this section to any such 
     facility after a payment has been made with respect to such 
     facility for a period of 15 fiscal years.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out the purposes 
     of this section $50,000,000 for each of the fiscal years 2001 
     through 2015.

     SEC. 4421. NUCLEAR ENERGY EFFICIENCY IMPROVEMENT.

       (a) Incentive Payments.--The Secretary of Energy shall make 
     incentive payments to the owners or operators of qualified 
     nuclear energy facilities to be used to make capital 
     improvements in the facilities that are directly related to 
     improving the electrical

[[Page S9535]]

     output efficiency of such facilities by at least 1 percent.
       (b) Limitations.--
       (1) Incentive payments under this section shall not exceed 
     10 percent of the costs of the capital improvement concerned 
     and not more than 1 payment may be made with respect to 
     improvements at a single facility.
       (2) No payments in excess of $1,000,000 in the aggregate 
     may be made with respect to improvements at a single 
     facility.
       (3) Payments may be made by the Department or used by a 
     facility to offset the costs of NRC permitting fees for a 
     capital improvement.
       (4) Payments made by the Department to the Nuclear 
     Regulatory Commission for permitting an improvement that can 
     impact multiple facilities are not subject to the limitation 
     in (b)(2).
       (c) Authorization.--There is authorized to be appropriated 
     to carry out this section not more than $20,000,000 in each 
     fiscal year after fiscal year 2001.

   TITLE V--ARCTIC COASTAL PLAIN DOMESTIC ENERGY SECURITY ACT OF 2001

     SEC. 4501. SHORT TITLE.

       This title may be cited as the ``Arctic Coastal Plain 
     Domestic Energy Security Act of 2001''.

     SEC. 4502. DEFINITIONS.

       When used in this title the term--
       (1) ``1002 Area'' means that area identified as ``Coastal 
     Plain'' in the map entitled ``Arctic National Wildlife 
     Refuge'', dated August 1980, as referenced in section 1002(b) 
     of the Alaska National Interest Lands Conservation Act of 
     1980 (16 U.S.C. 3142(b)(1)) comprising approximately 
     1,549,000 acres; and
       (2) ``Secretary'', except as otherwise provided, means the 
     Secretary of the Interior or the Secretary's designee.

     SEC. 4503. LEASING PROGRAM FOR LANDS WITHIN THE ANWR 1002 
                   AREA.

       (a) Authorization.--Congress hereby authorizes and directs 
     the Secretary, acting through the Bureau of Land Management 
     in consultation with the Fish and Wildlife Service and other 
     appropriate Federal offices and agencies, to take such 
     actions as are necessary to establish and implement a 
     competitive oil and gas leasing program that will result in 
     an environmentally sound program for the exploration, 
     development, and production of the oil and gas resources of 
     the 1002 Area and to administer the provisions of this title 
     through regulations, lease terms, conditions, restrictions, 
     prohibitions, stipulations and other provisions that ensure 
     the oil and gas exploration, development, and production 
     activities on the 1002 Area will result in no significant 
     adverse effect on fish and wildlife, their habitat, 
     subsistence resources, and the environment, and shall require 
     the application of the best commercially available technology 
     for oil and gas exploration, development, and production, on 
     all new exploration, development, and production operations, 
     and whenever practicable, on existing operations, and in a 
     manner to ensure the receipt of fair market value by the 
     public for the mineral resources to be leased.
       (b) Repeal.--The prohibitions and limitations contained in 
     section 1003 of the Alaska National Interest Lands 
     Conservation Act of 1980 (16 U.S.C. 3143) are hereby 
     repealed.
       (c) Compatibility.--Congress hereby determines that the oil 
     and gas leasing program and activities authorized by this 
     section in the 1002 Area are compatible with the purposes for 
     which the Arctic National Wildlife Refuge was established, 
     and that no further findings or decisions are required to 
     implement this determination.
       (d) Sole Authority.--This title shall be the sole authority 
     for leasing on the 1002 Area: Provided, That nothing in this 
     title shall be deemed to expand or limit State and local 
     regulatory authority.
       (e) Federal Land.--The 1002 Area shall be considered 
     ``Federal land'' for the purposes of the Federal Oil and Gas 
     Royalty Management Act of 1982.
       (f) Special Areas.--The Secretary, after consultation with 
     the State of Alaska, City of Kaktovik, and the North Slope 
     Borough, is authorized to designate up to a total of 45,000 
     acres of the 1002 Area as Special Areas and close such areas 
     to leasing if the Secretary determines that these Special 
     Areas are of such unique character and interest so as to 
     require special management and regulatory protection. The 
     Secretary may, however, permit leasing of all or portions of 
     any Special Areas within the 1002 Area by setting lease terms 
     that limit or condition surface use and occupancy by lessees 
     of such lands but permit the use of horizontal drilling 
     technology from sites on leases located outside the 
     designated Special Areas.
       (g) Limitation on Closed Areas.--The Secretary's sole 
     authority to close lands within the 1002 Area to oil and gas 
     leasing and to exploration, development, and production is 
     that set forth in this title.
       (h) Conveyance.--In order to maximize Federal revenues by 
     removing clouds on title of lands and clarifying land 
     ownership patterns within the 1002 Area, the Secretary, 
     notwithstanding the provisions of section 1302(h)(2) of the 
     Alaska National Interest Lands Conservation Act (16 U.S.C. 
     3192(h)(2)), is authorized and directed to convey (1) to the 
     Kaktovik Inupiat Corporation the surface estate of the lands 
     described in paragraph 2 of Public Land Order 6959, to the 
     extent necessary to fulfill the Corporation's entitlement 
     under section 12 of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1611), and (2) to the Arctic Slope Regional 
     Corporation the subsurface estate beneath such surface estate 
     pursuant to the August 9, 1983, agreement between the Arctic 
     Slope Regional Corporation and the United States of America.

     SEC. 4504. RULES AND REGULATIONS.

       (a) Promulgation.--The Secretary shall prescribe such rules 
     and regulations as may be necessary to carry out the purposes 
     and provisions of this title, including rules and regulations 
     relating to protection of the fish and wildlife, their 
     habitat, subsistence resources, and the environment of the 
     1002 Area. Such rules and regulations shall be promulgated 
     not later than fourteen months after the date of enactment of 
     this title and shall, as of their effective date, apply to 
     all operations conducted under a lease issued or maintained 
     under the provisions of this title and all operations on the 
     1002 Area related to the leasing, exploration, development 
     and production of oil and gas.
       (b) Revision of Regulations.--The Secretary shall 
     periodically review and, if appropriate, revise the rules and 
     regulations issued under subsection (a) of this section to 
     reflect any significant biological, environmental, or 
     engineering data which come to the Secretary's attention.

     SEC. 4505 ADEQUACY OF THE DEPARTMENT OF THE INTERIOR'S 
                   LEGISLATIVE ENVIRONMENTAL IMPACT STATEMENT.

       The ``Final Legislative Environmental Impact Statement'' 
     (April 1987) prepared pursuant to section 1002 of the Alaska 
     National Interest Lands Conservation Act of 1980 (16 U.S.C. 
     3142) and section 102(2)(C) of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4332(2)(C)) is hereby found by 
     Congress to be adequate to satisfy the legal and procedural 
     requirements of the National Environmental Policy Act of 1969 
     with respect to actions authorized to be taken by the 
     Secretary to develop and promulgate the regulations for the 
     establishment of the leasing program authorized by this 
     title, to conduct the first lease sale and any subsequent 
     lease sale authorized by this title, and to grant rights-of-
     way and easements to carry out the purposes of this title.

     SEC. 4506. LEASE SALES.

       (a) Lease Sales.--Lands may be leased pursuant to the 
     provisions of this title to any person qualified to obtain a 
     lease for deposits of oil and gas under the Mineral Leasing 
     Act (30 U.S.C. 181 et seq.).
       (b) Procedures.--The Secretary shall, by regulation, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area in the 1002 Area for inclusion in, or exclusion (as 
     provided in subsection (c)) from, a lease sale; and
       (2) public notice of and comment on designation of areas to 
     be included in, or excluded from, a lease sale.
       (c) Lease Sales on 1002 Area.--The Secretary shall, by 
     regulation, provide for lease sales of lands on the 1002 
     Area. When lease sales are to be held, they shall occur after 
     the nomination process provided for in subsection (b) of this 
     section. For the first lease sale, the Secretary shall offer 
     for lease those acres receiving the greatest number of 
     nominations, but no less than 200,000 acres and no more than 
     300,000 acres shall be offered. If the total acreage 
     nominated is less than 200,000 acres, the Secretary shall 
     include in such sales any other acreage which he believes has 
     the highest resource potential, but in no event shall more 
     than 300,000 acres be offered in such sale. With respect 
     to subsequent lease sales, the Secretary shall offer for 
     lease no less than 200,000 acres of the 1002 Area. The 
     initial lease sale shall be held within 20 months of the 
     date of enactment of this title. The second lease sale 
     shall be held not later than 2 years after the initial 
     sale, with additional sales conducted not later than 1 
     year thereafter so long as sufficient interest in 
     development exists to warrant, in the Secretary's 
     judgment, the conduct of such sales.

     SEC. 4507. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--The Secretary is authorized to grant to 
     the highest responsible qualified bidder by sealed 
     competitive cash bonus bid any lands to be leased on the 1002 
     Area upon payment by the lessee of such bonus as may be 
     accepted by the Secretary and of such royalty as may be fixed 
     in the lease, which shall be not less than 12\1/2\ percent in 
     amount or value of the production removed or sold from the 
     lease.
       (b) Antitrust Review.--Following each notice of a proposed 
     lease sale and before the acceptance of bids and the issuance 
     of leases based on such bids, the Secretary shall allow the 
     Attorney General, in consultation with the Federal Trade 
     Commission, 30 days to perform an antitrust review of the 
     results of such lease sale on the likely effects the issuance 
     of such leases would have on competition and the Attorney 
     General shall advise the Secretary with respect to such 
     review, including any recommendation for the nonacceptance of 
     any bid or the imposition of terms or conditions on any 
     lease, as may be appropriate to prevent any situation 
     inconsistent with the antitrust laws.
       (c) Subsequent Transfers.--No lease issued under this title 
     may be sold, exchanged, assigned, sublet, or otherwise 
     transferred except with the approval of the Secretary. Prior 
     to any such approval the Secretary shall consult with, and 
     give due consideration to the views of, the Attorney General.

[[Page S9536]]

       (d) Immunity.--Nothing in this title shall be deemed to 
     convey to any person, association, corporation, or other 
     business organization immunity from civil or criminal 
     liability, or to create defenses to actions, under any 
     antitrust law.
       (e) Definitions.--As used in this section, the term--
       (1) ``antitrust review'' shall be deemed an ``antitrust 
     investigation'' for the purposes of the Antitrust Civil 
     Process Act (15 U.S.C. 1311 et seq.); and
       (2) ``antitrust laws'' means the Acts referred to in 
     section 1 of the Clayton Act (15 U.S.C. 12).

     SEC. 4508. LEASE TERMS AND CONDITIONS.

       An oil or gas lease issued pursuant to this title shall--
       (1) be for a tract consisting of a compact area not to 
     exceed 5,760 acres, or 9 surveyed or protracted sections 
     which shall be as compact in form as possible;
       (2) be for an initial period of 10 years and shall be 
     extended for so long thereafter as oil or gas is produced in 
     paying quantities from the lease or unit area to which the 
     lease is committed or for so long as drilling or reworking 
     operations, as approved by the Secretary, are conducted on 
     the lease or unit area;
       (3) require the payment of royalty as provided for in 
     section 4507 of this title;
       (4) require that exploration activities pursuant to any 
     lease issued or maintained under this title shall be 
     conducted in accordance with an exploration plan or a 
     revision of such plan approved by the Secretary;
       (5) require that all development and production pursuant to 
     a lease issued or maintained pursuant to this title shall be 
     conducted in accordance with development and production plans 
     approved by the Secretary;
       (6) require posting of bond as required by section 4509 of 
     this title;
       (7) provide that the Secretary may close, on a seasonal 
     basis, portions of the 1002 Area to exploratory drilling 
     activities as necessary to protect caribou calving areas and 
     other species of fish and wildlife;
       (8) contain such provisions relating to rental and other 
     fees as the Secretary may prescribe at the time of offering 
     the area for lease;
       (9) provide that the Secretary may direct or assent to the 
     suspension of operations and production under any lease 
     granted under the terms of this title in the interest of 
     conservation of the resource or where there is no available 
     system to transport the resource. If such a suspension is 
     directed or assented to by the Secretary, any payment of 
     rental prescribed by such lease shall be suspended during 
     such period of suspension of operations and production, and 
     the term of the lease shall be extended by adding any such 
     suspension period thereto;
       (10) provide that whenever the owner of a nonproducing 
     lease fails to comply with any of the provisions of this 
     title, or of any applicable provision of Federal or State 
     environmental law, or of the lease, or of any regulation 
     issued under this title, such lease may be canceled by the 
     Secretary if such default continues for more than thirty days 
     after mailing of notice by registered letter to the lease 
     owner at the lease owner's post office address of record;
       (11) provide that whenever the owner of any producing lease 
     fails to comply with any of the provisions of this title, or 
     of any applicable provision of Federal or State environmental 
     law, or of the lease, or of any regulation issued under this 
     title, such lease may be forfeited and canceled by any 
     appropriate proceeding brought by the Secretary in any United 
     States district court having jurisdiction under the 
     provisions of this title;
       (12) provide that cancellation of a lease under this title 
     shall in no way release the owner of the lease from the 
     obligation to provide for reclamation of the lease site;
       (13) allow the lessee, at the discretion of the Secretary, 
     to make written relinquishment of all rights under any lease 
     issued pursuant to this title. The Secretary shall accept 
     such relinquishment by the lessee of any lease issued under 
     this title where there has not been surface disturbance on 
     the lands covered by the lease;
       (14) provide that for the purpose of conserving the natural 
     resources of any oil or gas pool, field, or like area, or any 
     part thereof, and in order to avoid the unnecessary 
     duplication of facilities, to protect the environment of the 
     1002 Area, and to protect correlative rights, the Secretary 
     shall require that, to the greatest extent practicable, 
     lessees unite with each other in collectively adopting and 
     operating under a cooperative or unit plan of development for 
     operation of such pool, field, or like area, or any part 
     thereof, and the Secretary is also authorized and directed to 
     enter into such agreements as are necessary or appropriate 
     for the protection of the United States against drainage;
       (15) require that the holder of a lease or leases on lands 
     within the 1002 Area shall be fully responsible and liable 
     for the reclamation of those lands within and any other 
     Federal lands adversely affected in connection with 
     exploration, development, production or transportation 
     activities on a lease within the 1002 Area by the holder of a 
     lease or as a result of activities conducted on the lease by 
     any of the leaseholder's subcontractors or agents;
       (16) provide that the holder of a lease may not delegate or 
     convey, by contract or otherwise, the reclamation 
     responsibility and liability to another party without the 
     express written approval of the Secretary;
       (17) provide that the standard of reclamation for lands 
     required to be reclaimed under this title be, as nearly as 
     practicable, a condition capable of supporting the uses which 
     the lands were capable of supporting prior to any 
     exploration, development, or production activities, or upon 
     application by the lessee, to a higher or better use as 
     approved by the Secretary;
       (18) contain the terms and conditions relating to 
     protection of fish and wildlife, their habitat, and the 
     environment, as required by section 4503(a) of this title;
       (19) provide that the holder of a lease, its agents, and 
     contractors use best efforts to provide a fair share, as 
     determined by the level of obligation previously agreed to in 
     the 1974 agreement implementing section 29 of the Federal 
     Agreement and Grant of Right of Way for the Operation of the 
     Trans-Alaska Pipeline, of employment and contracting for 
     Alaska Natives and Alaska Native Corporations from throughout 
     the State;
       (20) require project agreements to the extent feasible that 
     will ensure productivity and consistency recognizing a 
     national interest in both labor stability and the ability of 
     construction labor and management to meet the particular 
     needs and conditions of projects to be developed under leases 
     issued pursuant to this title; and
       (21) contain such other provisions as the Secretary 
     determines necessary to ensure compliance with the provisions 
     of this title and the regulations issued under this title.

     SEC. 4509. BONDING REQUIREMENTS TO ENSURE FINANCIAL 
                   RESPONSIBILITY OF LESSEE AND AVOID FEDERAL 
                   LIABILITY.

       (a) Requirement.--The Secretary shall, by rule or 
     regulation, establish such standards as may be necessary to 
     ensure that an adequate bond, surety, or other financial 
     arrangement will be established prior to the commencement of 
     surface disturbing activities on any lease, to ensure the 
     complete and timely reclamation of the lease tract, and the 
     restoration of any lands or surface waters adversely affected 
     by lease operations after the abandonment or cessation of oil 
     and gas operations on the lease. Such bond, surety, or 
     financial arrangement is in addition to, and not in lieu of, 
     any bond, surety, or financial arrangement required by any 
     other regulatory authority or required by any other provision 
     of law.
       (b) Amount.--The bond, surety, or financial arrangement 
     shall be in an amount--
       (1) to be determined by the Secretary to provide for 
     reclamation of the lease site in accordance with an approved 
     or revised exploration or development and production plan; 
     plus
       (2) set by the Secretary consistent with the type of 
     operations proposed, to provide the means for rapid and 
     effective cleanup, and to minimize damages resulting from an 
     oil spill, the escape of gas, refuse, domestic wastewater, 
     hazardous or toxic substances, or fire caused by oil and gas 
     activities.
       (c) Adjustment.--In the event that an approved exploration 
     or development and production plan is revised, the Secretary 
     may adjust the amount of the bond, surety, or other financial 
     arrangement to conform to such modified plan.
       (d) Duration.--The responsibility and liability of the 
     lessee and its surety under the bond, surety, or other 
     financial arrangement shall continue until such time as the 
     Secretary determines that there has been compliance with the 
     terms and conditions of the lease and all applicable laws.
       (e) Termination.--Within 60 days after determining that 
     there has been compliance with the terms and conditions of 
     the lease and all applicable laws, the Secretary, after 
     consultation with affected Federal and State agencies, shall 
     notify the lessee that the period of liability under the 
     bond, surety, or other financial arrangement has been 
     terminated.

     SEC. 4510. OIL AND GAS INFORMATION.

       (a) In General.--(1) Any lessee or permittee conducting any 
     exploration for, or development or production of, oil or gas 
     pursuant to this title shall provide the Secretary access to 
     all data and information from any lease granted pursuant to 
     this title (including processed and analyzed) obtained from 
     such activity and shall provide copies of such data and 
     information as the Secretary may request. Such data and 
     information shall be provided in accordance with regulations 
     which the Secretary shall prescribe.
       (2) If processed and analyzed information provided pursuant 
     to paragraph (1) is provided in good faith by the lessee or 
     permittee, such lessee or permittee shall not be responsible 
     for any consequence of the use or of reliance upon such 
     processed and analyzed information.
       (3) Whenever any data or information is provided to the 
     Secretary, pursuant to paragraph (1)--
       (A) by a lessee or permittee, in the form and manner of 
     processing which is utilized by such lessee or permittee in 
     the normal conduct of business, the Secretary shall pay the 
     reasonable cost of reproducing such data and information; or
       (B) by a lessee or permittee, in such other form and manner 
     of processing as the Secretary may request, the Secretary 
     shall pay the reasonable cost of processing and reproducing 
     such data and information.
       (b) Regulations.--The Secretary shall prescribe regulations 
     to:
       (1) ensure that the confidentiality of privileged or 
     proprietary information received by the Secretary under this 
     section will be maintained; and

[[Page S9537]]

       (2) set forth the time periods and conditions which shall 
     be applicable to the release of such information.

     SEC. 4511. EXPEDITED JUDICIAL REVIEW.

       (a) Any complaint seeking judicial review of any provision 
     in this title, or any other action of the Secretary under 
     this title may be filed in any appropriate district court of 
     the United States, and such complaint must be filed within 
     ninety days from the date of the action being challenged, or 
     after such date if such complaint is based solely on grounds 
     arising after such ninetieth day, in which case the complaint 
     must be filed within ninety days after the complainant knew 
     or reasonably should have known of the grounds for the 
     complaint: Provided, That any complaint seeking judicial 
     review of an action of the Secretary in promulgating any 
     regulation under this title may be filed only in the United 
     States Court of Appeals for the District of Columbia.
       (b) Actions of the Secretary with respect to which review 
     could have been obtained under this section shall not be 
     subject to judicial review in any civil or criminal 
     proceeding for enforcement.

     SEC. 4512. RIGHTS-OF-WAY ACROSS THE 1002 AREA.

       Notwithstanding title XI of the Alaska National Interest 
     Lands Conservation Act of 1980 (16 U.S.C. 3161 et seq.), the 
     Secretary is authorized and directed to grant, in accordance 
     with the provisions of subsections (c) through (t) and (v) 
     through (y) of section 28 of the Mineral Leasing Act of 1920 
     (30 U.S.C. 185), rights-of-way and easements across the 1002 
     Area for the transportation of oil and gas under such terms 
     and conditions as may be necessary so as not to result in a 
     significant adverse effect on the fish and wildlife, 
     subsistence resources, their habitat, and the environment of 
     the 1002 Area. Such terms and conditions shall include 
     requirements that facilities be sited or modified so as to 
     avoid unnecessary duplication of roads and pipelines. The 
     regulations issued as required by section 4504 of this title 
     shall include provisions granting rights-of-way and easements 
     across the 1002 Area.

     SEC. 4513. ENFORCEMENT OF SAFETY AND ENVIRONMENTAL 
                   REGULATIONS TO ENSURE COMPLIANCE WITH TERMS AND 
                   CONDITIONS OF LEASE.

       (a) Responsibility of the Secretary.--The Secretary shall 
     diligently enforce all regulations, lease terms, conditions, 
     restrictions, prohibitions, and stipulations promulgated 
     pursuant to this title.
       (b) Responsibility of Holders of Lease.--It shall be the 
     responsibility of any holder of a lease under this title to--
       (1) maintain all operations within such lease area in 
     compliance with regulations intended to protect persons and 
     property on, and fish and wildlife, their habitat, 
     subsistence resources, and the environment of, the 1002 Area; 
     and
       (2) allow prompt access at the site of any operations 
     subject to regulation under this title to any appropriate 
     Federal or State inspector, and to provide such documents and 
     records which are pertinent to occupational or public health, 
     safety, or environmental protection, as may be requested.
       (c) On-Site Inspection.--The Secretary shall promulgate 
     regulations to provide for--
       (1) scheduled onsite inspection by the Secretary, at least 
     twice a year, of each facility on the 1002 Area which is 
     subject to any environmental or safety regulation promulgated 
     pursuant to this title or conditions contained in any lease 
     issued pursuant to this title to ensure compliance with such 
     environmental or safety regulations or conditions; and
       (2) periodic onsite inspection by the Secretary at least 
     once a year without advance notice to the operator of such 
     facility to ensure compliance with all environmental or 
     safety regulations.

     SEC. 4514. NEW REVENUES.

       (a) Deposit Into Treasury.--Notwithstanding any other 
     provision of law, all revenues received by the Federal 
     Government from competitive bids, sales, bonuses, royalties, 
     rents, fees, or interest derived from the leasing of oil and 
     gas within the 1002 Area shall be deposited into the Treasury 
     of the United States, solely as provided in this section. The 
     Secretary of the Treasury shall pay to the State of Alaska 
     the same percentage of such revenues as is set forth under 
     the heading ``EXPLORATION OF NATIONAL PETROLEUM RESERVE IN 
     ALASKA'' in Public Law 96-514 (94 Stat. 2957, 2964) 
     semiannually to the State of Alaska, on March 30 and 
     September 30 of each year and shall deposit the balance of 
     all such revenues as miscellaneous receipts in the Treasury. 
     Notwithstanding any other provision of law, the Secretary of 
     the Treasury shall monitor the total revenue deposited into 
     the Treasury as miscellaneous receipts from oil and gas 
     leases issued under the authority of this subtitle and shall 
     deposit amounts received as bonus bids into a special fund 
     established in the Treasury of the United States known as the 
     Renewable Energy Research and Development Fund (referred to 
     in this section as the ``Renewable Energy Fund'').
       (b) Use of Renewable Energy Fund.--Of the amounts in the 
     Renewable Energy Fund, an amount equal to ten percent of the 
     total deposits shall be made available to the Secretary of 
     Energy, without further appropriation, at the beginning of 
     each fiscal year in which amounts are available, and may be 
     expended by the Secretary of Energy for research and 
     development of renewable domestic energy resources of wind, 
     solar, biomass, geothermal and hydroelectric. Such amounts 
     shall remain available until expended and shall be in 
     addition to funds appropriated in the preceding fiscal year 
     to the Secretary of Energy for renewable energy research, 
     development and demonstration programs authorized by section 
     103 of the Energy Reorganization Act of 1974 (42 U.S.C. 
     5813). The Secretary of Energy shall develop procedures for 
     the use of the Renewable Energy Fund that ensure 
     accountability and demonstrated results. Beginning the first 
     full fiscal year after deposits are made into the Renewable 
     Energy Fund, the Secretary of Energy shall submit an annual 
     report to the Committee on Energy and Natural Resources of 
     the United States Senate and the appropriate committees of 
     the United States House of Representatives detailing the use 
     of any expenditures.

TITLE VI--ENERGY EFFICIENCY, CONSERVATION, AND ASSISTANCE TO LOW-INCOME 
                                FAMILIES

     SEC. 4601. EXTENSION OF LOW INCOME HOME ENERGY ASSISTANCE 
                   PROGRAM.

       (a) Authorization of Appropriations.--Section 2602(b) of 
     the Omnibus Budget Reconciliation Act of 1981 (42 U.S.C. 
     8621), is amended by striking ``such sums as may be necessary 
     for each of fiscal years 2000 and 2001, and $2,000,000,000 
     for each of fiscal years 2002 through 2004'' and inserting 
     ``$3,000,000,000 for each of fiscal years 2000 through 
     2010''.
       (b) Payments to States.--Section 2602(d)(2) of the Omnibus 
     Budget Reconciliation Act of 1981 (42 U.S.C. 8621) is amended 
     by striking ``2004'' and inserting ``2010''.
       (c) Emergency Funds.--Section 2602(e) of the Omnibus Budget 
     Reconciliation Act of 1981 (42 U.S.C. 8621), is amended by 
     striking ``$600,000,000'' and inserting ``$1,000,000,000''.

     SEC. 4602. ENERGY EFFICIENT SCHOOLS PROGRAM.

       (a) Establishment.--There is established in the Department 
     of Energy the Energy Efficient Schools Program (referred to 
     in this section as the ``Program'').
       (b) In General.--The Secretary of Energy may, through the 
     Program, make grants to--
       (1) be provided to school districts to implement the 
     purpose of this section;
       (2) administer the program of assistance to school 
     districts pursuant to this section; and
       (3) promote participation by school districts in the 
     program established by this section.
       (c) Grants To Assist School Districts.--Grants under 
     subsection (b)(1) shall be used to achieve energy efficiency 
     performance not less than 30 percent beyond the levels 
     prescribed in the 1998 International Energy Conservation Code 
     as it is in effect for new construction and existing 
     buildings. Grants under such subsection shall be made to 
     school districts that have--
       (1) demonstrated a need for such grants in order to respond 
     appropriately to increasing elementary and secondary school 
     enrollments or to make major investments in renovation of 
     school facilities;
       (2) demonstrated that the districts do not have adequate 
     funds to respond appropriately to such enrollments or achieve 
     such investments without assistance; and
       (3) made a commitment to use the grant funds to develop 
     energy efficient school buildings in accordance with the plan 
     developed and approved pursuant to subsection (e)(1).
       (d) Other Grants.--
       (1) Grants for administration.--Grants under subsection 
     (b)(2) shall be used to evaluate compliance by school 
     districts with the requirements of this section and in 
     addition may be used for--
       (A) distributing information and materials to clearly 
     define and promote the development of energy efficient school 
     buildings for both new and existing facilities;
       (B) organizing and conducting programs for school board 
     members, school district personnel, architects, engineers, 
     and others to advance the concepts of energy efficient school 
     buildings;
       (C) obtaining technical services and assistance in planning 
     and designing energy efficient school buildings; and
       (D) collecting and monitoring data and information 
     pertaining to the energy efficient school building projects.
       (2) Grants to promote participation.--Grants under 
     subsection (b)(3) may be used for promotional and marketing 
     activities, including facilitating private and public 
     financing, promoting the use of energy service companies, 
     working with school administrations, students, and 
     communities, and coordinating public benefit programs.
       (e) Implementation.--
       (1) Plans.--Grants under subsection (b) shall be provided 
     only to school districts that, in consultation with State 
     offices of energy and education, have developed plans that 
     the State energy office determines to be feasible and 
     appropriate in order to achieve the purposes for which such 
     grants were made.
       (2) Supplementing grant funds.--The State agency referred 
     to in paragraph (1) shall encourage qualifying school 
     districts to supplement their grant funds with funds from 
     other sources in the implementation of their plans.
       (f) Allocation of Funds.--Except as provided in subsection 
     (c), funds appropriated for the implementation of this 
     section shall be provided to State energy offices to 
     administer the program of assistance to school districts 
     under this section.
       (g) Purposes.--Except as provided in subsection (c), funds 
     appropriated under this section shall be allocated as 
     follows:
       (1) Seventy percent shall be used to make grants under 
     subsection (b)(1).

[[Page S9538]]

       (2) Fifteen percent shall be used to make grants under 
     subsection (b)(2).
       (3) Fifteen percent shall be used to make grants under 
     subsection (b)(3).
       (h) Other Funds.--The Secretary of Energy may, through the 
     Program established under subsection (a), retain an amount, 
     not exceed $300,000 per year, to assist State energy offices 
     in coordinating and implementing such Program. Such funds may 
     be used to develop reference materials to further define the 
     principles and criteria to achieve energy efficient school 
     buildings.
       (i) Authorization of Appropriations.--For this section, 
     there are authorized to be appropriated $200,000,000 for each 
     of fiscal years 2002 through 2005, and such sums as may be 
     necessary for each of fiscal years 2006 through 2011.
       (j) Definitions.--
       (1) Elementary and secondary school.--The terms 
     ``elementary school'' and ``secondary school'' shall have the 
     same meaning given such terms in paragraphs (14) and (25) of 
     section 14101 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 8801(14),(25)).
       (2) Energy efficient school building.--The term ``energy 
     efficient school building'' refers to a school building 
     which, in its design, construction, operation, and 
     maintenance maximizes use of renewable energy and efficient 
     energy practices, is cost-effective on a life-cycle basis, 
     uses affordable, environmentally preferable, durable 
     materials, enhances indoor environmental quality, protects 
     and conserves water, and optimizes site potential.
       (3) Renewable energy.--The term ``renewable energy'' means 
     energy produced by solar, wind, geothermal, hydroelectric 
     power, and biomass power.

     SEC. 4603. AMENDMENTS TO WEATHERIZATION ASSISTANCE PROGRAM.

       (a) Eligibility.--Section 412(7) of the Energy Conservation 
     and Production Act (42 U.S.C. 6862(7)) is amended--
       (1) in paragraph (7)(A), by striking ``125'' and inserting 
     ``150''; and
       (2) in paragraph (7)(C), by striking ``125'' and inserting 
     ``150''.
       (b) Authorization of Appropriations.--Section 422(a) of the 
     Energy Conservation and Production Act (42 U.S.C. 6872(a)) is 
     amended--
       (1) by striking ``$200,000,000'' and inserting 
     ``$250,000,000''; and
       (2) by striking ``1991'' and all that follows through 
     ``1994.'' and inserting ``2002, $325,000,000 for fiscal year 
     2003, $400,000,000 for fiscal year 2004, $500,000,000 for 
     fiscal year 2005, and such sums as are necessary for each 
     fiscal year thereafter.''.

     SEC. 4604. AMENDMENTS TO STATE ENERGY PROGRAM.

       (a) State Energy Conservation Plans.--Section 362 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322) is 
     amended by--
       (1) redesignating subsection (f) as subsection (g); and
       (2) inserting after subsection (e) the following:
       ``(f) The Secretary shall, at least once every 3 years, 
     invite the Governor of each State to review and, if 
     necessary, revise the energy conservation plan of such State 
     submitted under subsection (b) or (e). Such reviews should 
     consider the energy conservation plans of other States within 
     the region, and identify opportunities and actions carried 
     out in pursuit of common energy conservation goals.''.
       (b) State Energy Efficiency Goals.--Section 364 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6324) is 
     amended--
       (1) by striking ``October 1, 1991'' and inserting ``January 
     1, 2001'';
       (2) by striking ``10'' and inserting ``25''; and
       (3) by striking ``2000'' and inserting ``2010''.
       (c) Authorization of Appropriations.--Section 365(f)(1) of 
     the Energy Policy and Conservation Act (42 U.S.C. 6325(f)(1)) 
     is amended by striking ``and'' and all that follows through 
     ``1993.'' and inserting ``$45,000,000 for fiscal year 1993, 
     $75,000,000 for fiscal year 2002, $100,000,000 for fiscal 
     years 2003 and 2004, $125,000,000 for fiscal year 2005, and 
     such sums as are necessary for each fiscal year 
     thereafter.''.

     SEC. 4605. ENHANCEMENT AND EXTENSION OF AUTHORITY RELATING TO 
                   FEDERAL ENERGY SAVINGS PERFORMANCE CONTRACTS.

       (a) Energy Savings Through Construction of Replacement 
     Facilities.--Section 804 of the National Energy Conservation 
     Policy Act (42 U.S.C. 8287c) is amended--
       (1) in paragraph (2)--
       (A) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively;
       (B) by inserting ``(A)'' after ``(2)''; and
       (C) by adding at the end the following:
       ``(B) The term `energy savings' also means a reduction in 
     the cost of energy, from such a base cost established through 
     a methodology set forth in the contract, that would otherwise 
     be utilized in 1 or more existing federally owned buildings 
     or other federally owned facilities by reason of the 
     construction and operation of 1 or more new buildings or 
     facilities.''; and
       (2) in paragraph (3), by inserting after the first sentence 
     the following: ``The terms also mean a contract that provides 
     for energy savings through the construction or operation of 1 
     or more new buildings or facilities.''.
       (b) Cost Savings From Operation and Maintenance 
     Efficiencies in Replacement Facilities.--Section 801(a) of 
     the National Energy Conservation Policy Act (42 U.S.C. 
     8287(a)) is amended by adding at the end the following:
       ``(3)(A) In the case of an energy savings contract or 
     energy savings performance contract providing for energy 
     savings through the construction and operation of 1 or more 
     buildings or facilities to replace 1 or more existing 
     buildings or facilities, benefits ancillary to the purpose of 
     such contract under paragraph (1) may include savings 
     resulting from reduced costs of operation and maintenance at 
     new and/or additional buildings or facilities, from a base 
     cost of operation and maintenance established through a 
     methodology set forth in the contract.
       ``(B) Notwithstanding paragraph (2)(B), aggregate annual 
     payments by an agency under an energy savings contract or 
     energy savings performance contract referred to in 
     subparagraph (A) may take into account (through the 
     procedures developed pursuant to this section) savings 
     resulting from reduced costs of operation and maintenance as 
     described in that subparagraph.''.
       (c) 5-Year Extension of Authority.--Section 801(c) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8287(c)) 
     is amended by striking ``October 1, 2003'' and inserting 
     ``October 1, 2008''.
       (d) Utility Incentive Programs.--Section 546(e) of the 
     National Energy Conservation Policy Act (42 U.S.C. 8256(c)) 
     is amended--
       (1) in paragraph (3), by adding at the end the following: 
     ``Such a utility incentive program may include a contract or 
     contract term designed to provide for cost-effective 
     electricity demand management, energy efficiency, or water 
     conservation. Notwithstanding section 201(a)(3) of the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C. 481(a)(3)), such contracts or contract terms may be 
     made for periods not exceeding 25 years.''; and
       (2) by adding at the end the following:
       ``(6) A utility incentive program may include a contract or 
     contract term for a reduction in the cost of energy, from a 
     base cost established through a methodology set forth in such 
     a contract, that would otherwise be utilized in 1 or more 
     federally owned buildings or other federally owned facilities 
     by reason of the construction or operation of 1 or more 
     buildings or facilities, as well as benefits ancillary to the 
     purpose of such contract or contract term, including savings 
     resulting from reduced costs of operation and maintenance at 
     new and/or additional buildings or facilities when compared 
     with the costs of operation and maintenance at existing 
     buildings or facilities.''.

     SEC. 4606. FEDERAL ENERGY EFFICIENCY REQUIREMENT.

       (a) In General.--Through cost-effective measures, each 
     agency shall reduce energy consumption per gross square foot 
     of its facilities by 30 percent by 2010 and 50 percent by 
     2020 relative to 1990.
       (b) Implementation Plan.--Not later than 1 year after date 
     of enactment of this section, each agency shall develop and 
     submit to Congress and the President an implementation plan 
     for fulfilling the requirements of this section.
       (c) Annual Report.--
       (1) In general.--Each agency shall measure and report 
     annually to Congress and the President its progress in 
     meeting the requirements of this section.
       (2) Guidelines.--The Secretary of Energy, in consultation 
     with the Administrator of the Energy Information 
     Administration, shall develop and issue guidelines for 
     agencies' preparation of their annual report, including 
     guidance on how to measure energy consumption in Federal 
     facilities.
       (d) Exemption of Certain Facilities.--A facility may be 
     deemed exempt when the Secretary determines that compliance 
     with the Energy Policy Act of 1992 is not practical for that 
     particular facility. Not later than 1 year from date of 
     enactment, the Secretary shall, in consultation with the 
     Administrator of the Energy Information Administration, set 
     guidelines for agencies to use in excluding certain kinds of 
     facilities to meet the requirements of this section.
       (e) Applicability.--The Department of Defense is subject to 
     this order only to the extent that it does not impair or 
     adversely affect military operations and training (including 
     tactical aircraft, ships, weapons systems, combat training, 
     and border security).
       (f) Definitions.--For the purposes of this section--
       (1) ``agency'' means an executive agency as defined in 5 
     U.S.C. 105. Military departments, as defined in 5 U.S.C. 102, 
     are covered under the auspices of the Department of Defense.
       (2) ``facility'' means any individual building or 
     collection of buildings, grounds, or structure, as well as 
     any fixture or part thereof, including the associated energy 
     or water-consuming support systems, which is constructed, 
     renovated, or purchased in whole or in part for use by the 
     Federal Government. It includes leased facilities where the 
     Federal Government has a purchase option or facilities 
     planned for purchase. In any provision of this order, the 
     term ``facility'' also includes any building 100 percent 
     leased for use by the Federal Government where the Federal 
     Government pays directly or indirectly for the utility costs 
     associated with its leased space, and Government-owned 
     contractor-operated facilities.

     SEC. 4607. ENERGY EFFICIENCY SCIENCE INITIATIVE.

       There are authorized to be appropriated $25,000,000 for 
     fiscal year 2001 and such sums as are necessary for each 
     fiscal year thereafter, but not to exceed $50,000,000 in any 
     fiscal year, for an Energy Efficiency Science

[[Page S9539]]

     Initiative to be managed by the Assistant Secretary for 
     Energy Efficiency and Renewable Energy in consultation with 
     the Director of the Office of Science, for grants to be 
     competitively awarded and subject to peer review for research 
     relating to energy efficiency. The Secretary of Energy shall 
     submit to the Committee on Science and the Committee on 
     Appropriations of the United States House of Representatives, 
     and to the Committee on Energy and Natural Resources and the 
     Committee on Appropriations of the United States Senate, an 
     annual report on the activities of the Energy Efficiency 
     Science Initiative, including a description of the process 
     used to award the funds and an explanation of how the 
     research relates to energy efficiency.

           TITLE VII--ALTERNATIVE FUELS AND RENEWABLE ENERGY

                     Subtitle A--Alternative Fuels

     SEC. 4701. EXCEPTION TO HOV PASSENGER REQUIREMENTS FOR 
                   ALTERNATIVE FUEL VEHICLES.

       Section 102(a)(1) of title 23, United States Code, is 
     amended by inserting ``(unless, at the discretion of the 
     State transportation department, the vehicle operates on, or 
     is fueled by, an alternative fuel (as defined in section 301 
     of the Energy Policy Act of 1992 (42 U.S.C. 13211)))'' after 
     ``required''.

     SEC. 4702. ALTERNATIVE FUEL VEHICLE CREDITS FOR INSTALLATION 
                   OF QUALIFYING INFRASTRUCTURE.

       Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 
     13258) is amended by adding at the end the following:
       ``(e) Credit for Acquisition or Installation of Qualifying 
     Infrastructure.--The Secretary shall allocate an 
     infrastructure credit to a fleet or covered person that is 
     required to acquire an alternative fueled vehicle under this 
     title, or to a Federal fleet as defined by section 303(b)(3) 
     of title III of this Act, for the acquisition or installation 
     of the fuel or the needed infrastructure, including the 
     supply and delivery systems, necessary to operate or maintain 
     the alternative fueled vehicle. Such necessary infrastructure 
     shall include--
       ``(1) equipment required to refuel or recharge the 
     alternative fueled vehicle;
       ``(2) facilities or equipment required to maintain, repair 
     or operate the alternative fueled vehicle;
       ``(3) training programs, educational materials or other 
     activities necessary to provide information regarding the 
     operation, maintenance or benefits associated with the 
     alternative fueled vehicle; and
       ``(4) such other activity as the Secretary deems an 
     appropriate expenditure in support of the operation, 
     maintenance or further wide spread adoption or utilization of 
     the alternative fueled vehicle.
       ``(f) Qualifying Infrastructure Credit.--The term 
     `infrastructure credit' shall mean--
       ``(1) that equipment or activity defined in subsection (e) 
     above; and
       ``(2) be equivalent in cost to the acquisition of an 
     alternative fueled vehicle for which the expenditure on the 
     infrastructure is made.
       ``(g) Limitation on Number of Infrastructure Credits 
     Issued.--Each fleet or covered person that is required to 
     acquire an alternative fueled vehicle under this title, or 
     each Federal fleet as defined by section 303(b)(3) of title 
     III of this Act, shall be limited in the number of 
     infrastructure credits that may be acquired and used to meet 
     the alternative fueled vehicle requirements of this Act to no 
     more than the equivalent of \1/2\ of the alternative fueled 
     vehicles required per annum.''.

     SEC. 4703. STATE AND LOCAL GOVERNMENT USE OF FEDERAL 
                   ALTERNATIVE FUEL REFUELING FACILITIES.

       Section 304 of the Energy Policy Act of 1992 (42 U.S.C. 
     13213) is amended by adding at the end the following:
       ``(c) State and Local Government Owned Vehicles.--Federal 
     agencies may include any alternative fuel vehicles owned by 
     States or local governments in any commercial arrangements 
     for the purpose of fueling Federal alternative fueled 
     vehicles as authorized under subsection (a) of this section. 
     The Secretary may allocate equivalent infrastructure credits 
     to a Federal fleet as defined by section 303(b)(3) of title 
     III of this Act, for the inclusion of such vehicles in any 
     such commercial fueling arrangements.''.

     SEC. 4704. FEDERAL FLEET FUEL ECONOMY AND USE OF ALTERNATIVE 
                   FUELS.

       (a) Fuel Economy.--Through cost-effective measures, each 
     agency shall increase the average EPA fuel economy rating of 
     passenger cars and light trucks acquired by at least 3 miles 
     per gallon by the end of fiscal year 2005 compared to 
     acquisitions in fiscal year 2000.
       (b) Use of Alternative Fuels.--Through cost-effective 
     measures, each agency shall, by the end of fiscal year 2005, 
     use alternative fuels for at least 50 percent of the total 
     annual volume of fuel used by the agency. No more than 25 
     percent of fuel purchased by State and local governments at 
     federally-owned refueling facilities may be included by an 
     agency in meeting the requirement of this section.
       (c) Implementation Plan.--Not later than 1 year after date 
     of enactment of this section, each agency shall develop and 
     submit to Congress and the President an implementation plan 
     for fulfilling the requirements of this section. Each agency 
     should develop an implementation plan that meets its unique 
     fleet configuration and fleet requirements.
       (d) Annual Report.--
       (1) In general.--Each agency shall measure and report 
     annually to Congress and the President its progress in 
     meeting the requirements of this section.
       (2) Guidelines.--The Secretary of Energy, through the 
     Federal Energy Management Program and in consultation with 
     the Administrator of the Energy Information Administration, 
     shall develop and issue guidelines for agencies' preparation 
     of their annual report, including guidance on how to measure 
     fuel economy for the collection and annual reporting of data 
     to demonstrate compliance with the requirements of this 
     section.
       (e) Applicability.--This order applies to each Federal 
     agency operating 20 or more motor vehicles within the United 
     States.
       (f) Exemption of Certain Vehicles.--Department of Defense 
     military tactical vehicles are exempt from this order. Law 
     enforcement, emergency, and any other vehicle class or type 
     determined by the Secretary, in consultation with the Federal 
     Energy Management Program, are exempted from the requirements 
     of this section. Not later than 1 year from date of 
     enactment, the Secretary shall, in consultation with the 
     Federal Energy Management Program, set guidelines for 
     agencies to use in the determination of exemptions.
       (g) Definitions.--In this section:
       (1) Agency.--The term ``agency'' means an executive agency 
     as defined in 5 U.S.C. 105. (Military departments, as defined 
     in 5 U.S.C. 102, are covered under the auspices of the 
     Department of Defense.)
       (2) Alternative fuel.--The term ``alternative fuel'' means 
     any fuel defined as an alternative fuel pursuant to section 
     301 of the Energy Policy Act of 1992 (42 U.S.C. 13211).
       (h) Conforming Amendments.--Section 400AA of the Energy 
     Policy and Conservation Act (42 U.S.C. 6374) is amended as 
     follows:
       (1) in subsection (a)(3)(E), by striking the period at the 
     end and inserting the following: ``, except that, not later 
     than fiscal year 2005 at least 50 percent of the total annual 
     volume of fuel used must be from alternative fuels.''; and
       (2) in subsection (g)(4)(B), after the words, ``solely on 
     alternative fuel'', insert the words ``, including a 3-
     wheeled enclosed electric vehicle having a VIN number''.

     SEC. 4705. LOCAL GOVERNMENT GRANT PROGRAM.

       (a) Establishment.--Within 1 year of date of enactment of 
     this section, the Secretary of Energy shall establish a 
     program for making grants to local governments for covering 
     the incremental cost of qualified alternative fuel motor 
     vehicles.
       (b) Criteria.--In deciding to whom grants shall be made 
     under this subsection, the Secretary of Energy shall consider 
     the goal of assisting the greatest number of applicants, 
     provided that no grant award shall exceed $1,000,000.
       (c) Priorities.--Priority shall be given under this section 
     to those local government fleets where the use of alternative 
     fuels would have a significant beneficial effect on energy 
     security and the environment.
       (d) Qualified Alternative Fuel Motor Vehicle Defined.--For 
     purposes of this section, the term ``qualified motor 
     vehicle'' means any motor vehicle which is capable of 
     operating only on an alternative fuel.
       (e) Incremental Cost.--For purposes of this section, the 
     incremental cost of any qualified alternative fuel motor 
     vehicle is equal to the amount of the excess of the 
     manufacturer's suggested retail price for such vehicle over 
     such price for a gasoline or diesel motor vehicle of the same 
     model.
       (f) Authorization of Appropriations.--For the purposes of 
     this section, there are authorized to be appropriated 
     $100,000,000 annually for each of the fiscal years 2002 
     through 2006.

                      Subtitle B--Renewable Energy

     SEC. 4710. RESIDENTIAL RENEWABLE ENERGY GRANT PROGRAM.

       (a) In General.--The Secretary of Energy shall develop and 
     implement a grant program to offset a portion of the total 
     cost of certain eligible residential renewable energy 
     systems.
       (b) Eligibility.--Grants may be awarded for--
       (1) the new installation of an eligible residential 
     renewable energy system for an existing dwelling unit;
       (2) the purchase of an existing dwelling unit with an 
     eligible residential renewable energy system that was 
     installed prior to the date of enactment of this section;
       (3) the addition to or augmentation of an existing eligible 
     residential renewable energy system installed on a dwelling 
     unit prior to the date of enactment of this section, provided 
     that any such addition or augmentation results in additional 
     electricity, heat, or other useful energy; or
       (4) the construction of a new home or rental property which 
     includes an eligible residential renewable energy system.
       (c) Total Cost.--
       (1) In general.--For purposes of this section, ``total 
     cost'' means expenditure of funds for--
       (A) any equipment whose primary purpose is to provide for 
     the collection, conversion, transfer, distribution, storage 
     or control of electricity or heat generated from renewable 
     energy;
       (B) installation charges;
       (C) labor costs properly allocable to the onsite 
     preparation, assembly, or original installation of the 
     system; and
       (D) piping or wiring to interconnect such system to the 
     dwelling unit.

[[Page S9540]]

       (2) Leased systems.--In the case of a system that is 
     leased, ``total cost'' means the principal recovery portion 
     of all lease payments scheduled to be made during the full 
     term of the lease, excluding interest charges and maintenance 
     expenses.
       (3) Existing systems.--In the case of addition to or 
     augmentation of an existing system, ``total cost'' shall 
     include only those expenditures related to the incremental 
     cost of the addition or augmentation, and not the full cost 
     of the system.
       (d) Cost Buy-Down.--Grants provided under this section 
     shall not exceed $3,000 per eligible residential renewable 
     energy system, and shall be limited further as follows:
       (1) For fiscal years 2002 and 2003, grants provided under 
     this section shall be limited to the smaller of--
       (A) 50 percent of the total cost of the energy system; or
       (B) $3.00 per watt of system electricity output or 
     equivalent.
       (2) For fiscal years 2004 and 2005, grants provided under 
     this section shall be limited to the smaller of--
       (A) 40 percent of the total cost of the energy system; or
       (B) $2.50 per watt of system electricity output.
       (3) For fiscal years 2006 and 2007, grants provided under 
     this section shall be limited to the smaller of--
       (A) 30 percent of the total cost of the energy system; or
       (B) $2.00 per watt of system electricity output.
       (4) For fiscal years 2008 and 2009, grants provided under 
     this section shall be limited to the smaller of--
       (A) 20 percent of the total cost of the energy system; or
       (B) $1.50 per watt of system electricity output.
       (5) For fiscal years 2010 and 2011, grants provided under 
     this section shall be limited to the smaller of--
       (A) 10 percent of the total cost of the energy system; or
       (B) $1.00 per watt of system electricity output.
       (e) Limitations.--No grant shall be allowed under this 
     section for an eligible residential renewable energy system 
     unless--
       (1) such expenditure is made for property installed on or 
     in connection with a dwelling unit which is located in the 
     United States and which is used as a residence;
       (2) in the case of solar water heating equipment, such 
     equipment is certified for performance and safety by the 
     nonprofit Solar Rating Certification Corporation or a 
     comparable entity endorsed by the government of the State in 
     which such property is installed; and
       (3) such system meets appropriate fire and electric code 
     requirements.
       (f) Renewable energy.--
       (1) Definitions.--In this subsection:
       (A) Form of renewable energy.--The term ``form of renewable 
     energy'' means energy produced through the use of--
       (i) a solar thermal system;
       (ii) a solar photovoltaic system;
       (iii) wind;
       (iv) biomass;
       (v) a hydroelectric system; or
       (vi) a source of geothermal energy.
       (B) Renewable energy system.--The term ``renewable energy 
     system'' means property that uses a form of renewable energy 
     to create electricity, heat, or any other form of useful 
     energy.
       (2) Solar panels.--No expenditure relating to a solar panel 
     or other property installed as a roof (or portion thereof) 
     shall fail to be treated as property described in paragraph 
     (1) solely because it constitutes a structural component of 
     the structure on which it is installed.
       (3) Energy storage medium.--Expenditures which are properly 
     allocable to a swimming pool, hot tub, or any other energy 
     storage medium which has a function other than the function 
     of such storage shall not be taken into account for purposes 
     of this section.
       (g) Special Rules.--For purposes of this section:
       (1) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in 26 U.S.C. 216) in a cooperative 
     housing corporation (as defined in such section), such 
     individual shall be treated as having made his tenant-
     stockholder's proportionate share (as defined in 26 U.S.C. 
     216(b)(3)) of any expenditures of such corporation.
       (2) Condominiums.--
       (A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which he owns, such individual shall be 
     treated as having made his proportionate share of any 
     expenditures of such association.
       (B) Condominium management association.--For purposes of 
     this paragraph, the term ``condominium management 
     association'' means an organization which meets the 
     requirements of paragraph (1) of 26 U.S.C. 528(c) (other than 
     subparagraph (E) thereof) with respect to a condominium 
     project substantially all of the units of which are used as 
     residences.
       (3) Renewable energy systems for multiple dwellings.--
       (A) In general.--Any expenditure otherwise qualifying as an 
     expenditure described in paragraph (1) of subsection (c) 
     shall not be treated as failing to so qualify merely because 
     such expenditure was made with respect to 2 or more dwelling 
     units.
       (B) Limits applied separately.--In the case of any 
     expenditure described in subparagraph (A), the amount of the 
     grant available under subsection (d) shall be computed 
     separately with respect to the amount of the expenditure made 
     for each dwelling unit.
       (h) Annual Report.--The Secretary shall submit to Congress 
     and the President an annual report on grants distributed 
     pursuant to this section. The report shall include, at 
     minimum--
       (1) a summary of the eligible residential renewable energy 
     systems receiving grants in the year just concluded;
       (2) an estimate of new renewable energy generation 
     installed as a result of grants awarded, and its distribution 
     by renewable energy source and geographic location;
       (3) evidence that the program is contributing to declining 
     costs for renewable energy technologies; and
       (4) description of the methods used to award such grants.
       (i) Authorization of Appropriations.--For the purposes of 
     this section, there are authorized to be appropriated 
     $30,000,000 for fiscal year 2002 and such sums as are 
     necessary for each fiscal year thereafter, but not to exceed 
     $150,000,000 in any fiscal year.

     SEC. 4711. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.

       (a) In General.--Not later than twelve months after the 
     date of enactment of this section, the Secretary of Energy 
     shall submit to Congress an assessment of all renewable 
     energy resources available within the United States.
       (b) Resource Assessment.--Such report shall include a 
     detailed inventory describing the available amount and 
     characteristics of solar, wind, biomass, geothermal, 
     hydroelectric and other renewable energy sources, and an 
     estimate of the costs needed to develop each resource. The 
     report shall also include such other information as the 
     Secretary of Energy believes would be useful in siting 
     renewable energy generation, such as appropriate terrain, 
     population and load centers, nearby energy infrastructure, 
     and location of energy and water resources.
       (c) Availability.--The information and cost estimates in 
     this report shall be updated annually and made available to 
     the public, along with the data used to create the report.
       (d) Authorization of Appropriations.--For the purposes of 
     carrying out this section, there are authorized to be 
     appropriated $10,000,000 for fiscal years 2002 through 2006.

               Subtitle C--Hydroelectric Licensing Reform

     SEC. 4721. SHORT TITLE.

       This subtitle may be cited as the ``Hydroelectric Licensing 
     Process Improvement Act of 2001''.

     SEC. 4722. FINDINGS.

       Congress finds that--
       (1) hydroelectric power is an irreplaceable source of 
     clean, economic, renewable energy with the unique capability 
     of supporting reliable electric service while maintaining 
     environmental quality;
       (2) hydroelectric power is the leading renewable energy 
     resource of the United States;
       (3) hydroelectric power projects provide multiple benefits 
     to the United States, including recreation, irrigation, flood 
     control, water supply, and fish and wildlife benefits;
       (4) in the next 15 years, the bulk of all non-Federal 
     hydroelectric power capacity in the United States is due to 
     be relicensed by the Federal Energy Regulatory Commission;
       (5) the process of licensing hydroelectric projects by the 
     Commission--
       (A) does not produce optimal decisions, because the 
     agencies that participate in the process are not required to 
     consider the full effects of their mandatory and recommended 
     conditions on a license;
       (B) is inefficient, in part because agencies do not always 
     submit their mandatory and recommended conditions by a time 
     certain;
       (C) is burdened by uncoordinated environmental reviews and 
     duplicative permitting authority; and
       (D) is burdensome for all participants and too often 
     results in litigation; and
       (6) while the alternative licensing procedures available to 
     applicants for hydroelectric project licenses provide 
     important opportunities for the collaborative resolution of 
     many of the issues in hydroelectric project licensing, those 
     procedures are not appropriate in every case and cannot 
     substitute for statutory reforms of the hydroelectric 
     licensing process.

     SEC. 4723. PURPOSE.

       The purpose of this subtitle is to achieve the objective of 
     relicensing hydroelectric power projects to maintain high 
     environmental standards while preserving low cost power by--
       (1) requiring agencies to consider the full effects of 
     their mandatory and recommended conditions on a hydroelectric 
     power license and to document the consideration of a broad 
     range of factors;
       (2) requiring the Federal Energy Regulatory Commission to 
     impose deadlines by which Federal agencies must submit 
     proposed mandatory and recommended conditions to a license; 
     and
       (3) making other improvements in the licensing process.

     SEC. 4724. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF 
                   CONDITIONS TO LICENSES.

       (a) In General.--Part I of the Federal Power Act (16 U.S.C. 
     791a et seq.) is amended by adding at the end the following:

[[Page S9541]]

     ``SEC. 33. PROCESS FOR CONSIDERATION BY FEDERAL AGENCIES OF 
                   CONDITIONS TO LICENSES.

       ``(a) Definitions.--In this section:
       ``(1) Condition.--The term `condition' means--
       ``(A) a condition to a license for a project on a Federal 
     reservation determined by a consulting agency for the purpose 
     of the first proviso of section 4(e); and
       ``(B) a prescription relating to the construction, 
     maintenance, or operation of a fishway determined by a 
     consulting agency for the purpose of the first sentence of 
     section 18.
       ``(2) Consulting agency.--The term `consulting agency' 
     means--
       ``(A) in relation to a condition described in paragraph 
     (1)(A), the Federal agency with responsibility for 
     supervising the reservation; and
       ``(B) in relation to a condition described in paragraph 
     (1)(B), the Secretary of the Interior or the Secretary of 
     Commerce, as appropriate.
       ``(b) Factors To Be Considered.--
       ``(1) In general.--In determining a condition, a consulting 
     agency shall take into consideration--
       ``(A) the impacts of the condition on--
       ``(i) economic and power values;
       ``(ii) electric generation capacity and system reliability;
       ``(iii) air quality (including consideration of the impacts 
     on greenhouse gas emissions); and
       ``(iv) drinking, flood control, irrigation, navigation, or 
     recreation water supply;
       ``(B) compatibility with other conditions to be included in 
     the license, including mandatory conditions of other 
     agencies, when available; and
       ``(C) means to ensure that the condition addresses only 
     direct project environmental impacts, and does so at the 
     lowest project cost.
       ``(2) Documentation.--
       ``(A) In general.--In the course of the consideration of 
     factors under paragraph (1) and before any review under 
     subsection (e), a consulting agency shall create written 
     documentation detailing, among other pertinent matters, all 
     proposals made, comments received, facts considered, and 
     analyses made regarding each of those factors sufficient to 
     demonstrate that each of the factors was given full 
     consideration in determining the condition to be submitted to 
     the Commission.
       ``(B) Submission to the commission.--A consulting agency 
     shall include the documentation under subparagraph (A) in its 
     submission of a condition to the Commission.
       ``(c) Scientific Review.--
       ``(1) In general.--Each condition determined by a 
     consulting agency shall be subjected to appropriately 
     substantiated scientific review.
       ``(2) Data.--For the purpose of paragraph (1), a condition 
     shall be considered to have been subjected to appropriately 
     substantiated scientific review if the review--
       ``(A) was based on current empirical data or field-tested 
     data; and
       ``(B) was subjected to peer review.
       ``(d) Relationship to Impacts on Federal Reservation.--In 
     the case of a condition for the purpose of the first proviso 
     of section 4(e), each condition determined by a consulting 
     agency shall be directly and reasonably related to the 
     impacts of the project within the Federal reservation.
       ``(e) Administrative Review.--
       ``(1) Opportunity for review.--Before submitting to the 
     Commission a proposed condition, and at least 90 days before 
     a license applicant is required to file a license application 
     with the Commission, a consulting agency shall provide the 
     proposed condition to the license applicant and offer the 
     license applicant an opportunity to obtain expedited review 
     before an administrative law judge or other independent 
     reviewing body of--
       ``(A) the reasonableness of the proposed condition in light 
     of the effect that implementation of the condition will have 
     on the energy and economic values of a project; and
       ``(B) compliance by the consulting agency with the 
     requirements of this section, including the requirement to 
     consider the factors described in subsection (b)(1).
       ``(2) Completion of review.--
       ``(A) In general.--A review under paragraph (1) shall be 
     completed not more than 180 days after the license applicant 
     notifies the consulting agency of the request for review.
       ``(B) Failure to make timely completion of review.--If 
     review of a proposed condition is not completed within the 
     time specified by subparagraph (A), the Commission may treat 
     a condition submitted by the consulting agency as a 
     recommendation is treated under section 10(j).
       ``(3) Remand.--If the administrative law judge or reviewing 
     body finds that a proposed condition is unreasonable or that 
     the consulting agency failed to comply with any of the 
     requirements of this section, the administrative law judge or 
     reviewing body shall--
       ``(A) render a decision that--
       ``(i) explains the reasons for a finding that the condition 
     is unreasonable and may make recommendations that the 
     administrative law judge or reviewing body may have for the 
     formulation of a condition that would not be found 
     unreasonable; or
       ``(ii) explains the reasons for a finding that a 
     requirement was not met and may describe any action that the 
     consulting agency should take to meet the requirement; and
       ``(B) remand the matter to the consulting agency for 
     further action.
       ``(4) Submission to the commission.--Following 
     administrative review under this subsection, a consulting 
     agency shall--
       ``(A) take such action as is necessary to--
       ``(i) withdraw the condition;
       ``(ii) formulate a condition that follows the 
     recommendation of the administrative law judge or reviewing 
     body; or
       ``(iii) otherwise comply with this section; and
       ``(B) include with its submission to the Commission of a 
     proposed condition--
       ``(i) the record on administrative review; and
       ``(ii) documentation of any action taken following 
     administrative review.
       ``(f) Submission of Final Condition.--
       ``(1) In general.--After an applicant files with the 
     Commission an application for a license, the Commission shall 
     set a date by which a consulting agency shall submit to the 
     Commission a final condition.
       ``(2) Limitation.--Except as provided in paragraph (3), the 
     date for submission of a final condition shall be not later 
     than 1 year after the date on which the Commission gives the 
     consulting agency notice that a license application is ready 
     for environmental review.
       ``(3) Default.--If a consulting agency does not submit a 
     final condition to a license by the date set under paragraph 
     (1)--
       ``(A) the consulting agency shall not thereafter have 
     authority to recommend or establish a condition to the 
     license; and
       ``(B) the Commission may, but shall not be required to, 
     recommend or establish an appropriate condition to the 
     license that--
       ``(i) furthers the interest sought to be protected by the 
     provision of law that authorizes the consulting agency to 
     propose or establish a condition to the license; and
       ``(ii) conforms to the requirements of this Act.
       ``(4) Extension.--The Commission may make 1 extension, of 
     not more than 30 days, of a deadline set under paragraph (1).
       ``(g) Analysis by the Commission.--
       ``(1) Economic analysis.--The Commission shall conduct an 
     economic analysis of each condition submitted by a consulting 
     agency to determine whether the condition would render the 
     project uneconomic.
       ``(2) Consistency with this section.--In exercising 
     authority under section 10(j)(2), the Commission shall 
     consider whether any recommendation submitted under section 
     10(j)(1) is consistent with the purposes and requirements of 
     subsections (b) and (c) of this section.
       ``(h) Commission Determination on Effect of Conditions.--
     When requested by a license applicant in a request for 
     rehearing, the Commission shall make a written determination 
     on whether a condition submitted by a consulting agency--
       ``(1) is in the public interest, as measured by the impact 
     of the condition on the factors described in subsection 
     (b)(1);
       ``(2) was subjected to scientific review in accordance with 
     subsection (c);
       ``(3) relates to direct project impacts within the 
     reservation, in the case of a condition for the first proviso 
     of section 4(e);
       ``(4) is reasonable;
       ``(5) is supported by substantial evidence; and
       ``(6) is consistent with this Act and other terms and 
     conditions to be included in the license.''.
       (b) Conforming and Technical Amendments.--
       (1) Section 4.--Section 4(e) of the Federal Power Act (16 
     U.S.C. 797(e)) is amended--
       (A) in the first proviso of the first sentence, by 
     inserting after ``conditions'' the following: ``, determined 
     in accordance with section 33,''; and
       (B) in the last sentence, by striking the period and 
     inserting ``(including consideration of the impacts on 
     greenhouse gas emissions)''.
       (2) Section 18.--Section 18 of the Federal Power Act (16 
     U.S.C. 811) is amended in the first sentence by striking 
     ``prescribed by the Secretary of Commerce'' and inserting 
     ``prescribed, in accordance with section 33, by the Secretary 
     of the Interior or the Secretary of Commerce, as 
     appropriate.''

     SEC. 4725. COORDINATED ENVIRONMENTAL REVIEW PROCESS.

       Part I of the Federal Power Act (16 U.S.C. 791a et seq.) 
     (as amended by section 4724) is amended by adding at the end 
     the following:

     ``SEC. 34. COORDINATED ENVIRONMENTAL REVIEW PROCESS.

       ``(a) Lead Agency Responsibility.--The Commission, as the 
     lead agency for environmental reviews under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for 
     projects licensed under this part, shall conduct a single 
     consolidated environmental review--
       ``(1) for each such project; or
       ``(2) if appropriate, for multiple projects located in the 
     same area.
       ``(b) Consulting Agencies.--In connection with the 
     formulation of a condition in accordance with section 33, a 
     consulting agency shall not perform any environmental review 
     in addition to any environmental review performed by the 
     Commission in connection with the action to which the 
     condition relates.
       ``(c) Deadlines.--

[[Page S9542]]

       ``(1) In general.--The Commission shall set a deadline for 
     the submission of comments by Federal, State, and local 
     government agencies in connection with the preparation of any 
     environmental impact statement or environmental assessment 
     required for a project.
       ``(2) Considerations.--In setting a deadline under 
     paragraph (1), the Commission shall take into consideration--
       ``(A) the need of the license applicant for a prompt and 
     reasonable decision;
       ``(B) the resources of interested Federal, State, and local 
     government agencies; and
       ``(C) applicable statutory requirements.''.

     SEC. 4726. STUDY OF SMALL HYDROELECTRIC PROJECTS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Federal Energy Regulatory 
     Commission shall submit to the Committee on Energy and 
     Natural Resources of the Senate and the Committee on Commerce 
     of the House of Representatives a study of the feasibility of 
     establishing a separate licensing procedure for small 
     hydroelectric projects.
       (b) Definition of Small Hydroelectric Project.--The 
     Commission may by regulation define the term ``small 
     hydroelectric project'' for the purpose of subsection (a), 
     except that the term shall include at a minimum a 
     hydroelectric project that has a generating capacity of 5 
     megawatts or less.

  TITLE VIII--ELECTRIC SUPPLY RELIABILITY; PURPA REPEAL; PUHCA REPEAL

          Subtitle A--Electric Energy Transmission Reliability

     SEC. 4801. SHORT TITLE.

       This subtitle may be cited as the ``National Electric 
     Reliability Act''.

     SEC. 4802. ELECTRIC ENERGY TRANSMISSION RELIABILITY.

       (a) Electric Reliability Organization and Oversight.--
       (1) In general.--Part II of the Federal Power Act (16 
     U.S.C. 824 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 215. ELECTRIC RELIABILITY ORGANIZATION AND OVERSIGHT.

       ``(a) Definitions.--In this section:
       ``(1) Affiliated regional reliability entity.--The term 
     `affiliated regional reliability entity' means an entity 
     delegated authority under the provisions of subsection (h).
       ``(2) Bulk power system.--The term `bulk power system' 
     means all facilities and control systems necessary for 
     operating an interconnected transmission grid (or any portion 
     thereof), including high-voltage transmission lines; 
     substations; control centers; communications; data, and 
     operations planning facilities; and the output of generating 
     units necessary to maintain transmission system reliability.
       ``(3) Electric reliability organization, or organization.--
     The term `Electric Reliability Organization' or 
     `Organization' means the organization approved by the 
     Commission under subsection (d)(4).
       ``(4) Entity rule.--The term `entity rule' means a rule 
     adopted by an affiliated regional reliability entity for a 
     specific region and designed to implement or enforce 1 or 
     more Organization Standards. An entity rule shall be approved 
     by the organization and once approved, shall be treated as an 
     Organization Standard.
       ``(5) Industry sector.--The term `industry sector' means a 
     group of users of the bulk power system with substantially 
     similar commercial interests, as determined by the Board of 
     the Electric Reliability Organization.
       ``(6) Interconnection.--The term `interconnection' means a 
     geographic area in which the operation of bulk power system 
     components is synchronized such that the failure of 1 or more 
     such components may adversely affect the ability of the 
     operators of other components within the interconnection to 
     maintain safe and reliable operation of the facilities within 
     their control.
       ``(7) Organization standard.--The term `Organization 
     Standard' means a policy or standard duly adopted by the 
     Electric Reliability Organization to provide for the reliable 
     operation of a bulk power system.
       ``(8) Public interest group.--The term `public interest 
     group' means any nonprofit private or public organization 
     that has an interest in the activities of the Electric 
     Reliability Organization, including, but not limited to, 
     ratepayer advocates, environmental groups, and State and 
     local government organizations that regulate market 
     participants and promulgate government policy.
       ``(9) Variance.--The term `variance' means an exception or 
     variance from the requirements of an Organization Standard 
     (including a proposal for an Organization Standard where 
     there is no Organization Standard) that is adopted by an 
     affiliated regional reliability entity and applicable to all 
     or a part of the region for which the affiliated regional 
     reliability entity is responsible. A variance shall be 
     approved by the organization and once approved, shall be 
     treated as an Organization Standard.
       ``(10) System operator.--The term `system operator' means 
     any entity that operates or is responsible for the operation 
     of a bulk power system, including but not limited to a 
     control area operator, an independent system operator, a 
     regional transmission organization, a transmission company, a 
     transmission system operator, or a regional security 
     coordinator.
       ``(11) User of the bulk power system.--The term `user of 
     the bulk power system' means any entity that sells, 
     purchases, or transmits electric power over a bulk power 
     system, or that owns, operates, or maintains facilities or 
     control systems that are part of a bulk power system, or that 
     is a system operator.
       ``(b) Commission Authority.--
       ``(1) Within the United States, the Commission shall have 
     jurisdiction over the Electric Reliability Organization, all 
     affiliated regional reliability entities, all system 
     operators, and all users of the bulk-power system, for 
     purposes of approving and enforcing compliance with the 
     requirements of this section.
       ``(2) The Commission may, by rule, define any other term 
     used in this section, provided such definition is consistent 
     with the definitions in, and the purpose and intent of, this 
     Act.
       ``(3) Not later than 90 days after the date of enactment of 
     this section, the Commission shall issue a proposed rule for 
     implementing the requirements of this section. The Commission 
     shall provide notice and opportunity for comment on the 
     proposed rule. The Commission shall issue a final rule under 
     this subsection within 180 days after the date of enactment 
     of this section.
       ``(4) Nothing in this section shall be construed as 
     limiting or impairing any authority of the Commission under 
     any other provision of this Act, including its exclusive 
     authority to determine rates, terms, and conditions of 
     transmission services subject to its jurisdiction.
       ``(c) Existing Reliability Standards.--After the date of 
     enactment of this section, and prior to the approval of an 
     organization under subsection (d), any entity, including the 
     North American Electric Reliability Council and its member 
     regional reliability councils, may file any reliability 
     standard, guidance, or practice that such entity would 
     propose to be made mandatory and enforceable. The Commission, 
     after allowing an opportunity to submit comments, may approve 
     any such proposed mandatory standard, guidance, or practice, 
     or any amendment thereto, if it finds that the standard, 
     guidance, or practice, or amendment is just, reasonable, not 
     unduly discriminatory or preferential, and in the public 
     interest. The Commission may, without further proceeding or 
     finding, grant its approval to any standard, guidance, or 
     practice for which no substantive objections are filed in the 
     comment period. Filed standards, guidances, or practices, 
     including any amendments thereto, shall be mandatory and 
     applicable according to their terms following approval by the 
     Commission and shall remain in effect until--
       ``(1) withdrawn, disapproved, or superseded by an 
     Organization Standard, issued or approved by the Electric 
     Reliability Organization and made effective by the Commission 
     under subsection (e); or
       ``(2) disapproved by the Commission if, upon complaint or 
     upon its own motion and after notice and an opportunity for 
     comment, the Commission finds the standard, guidance, or 
     practice unjust, unreasonable, unduly discriminatory, or 
     preferential or not in the public interest.

     Standards, guidances, or practices in effect pursuant to the 
     provisions of this subsection shall be enforceable by the 
     Commission.
       ``(d) Organization Approval.--
       ``(1) Following the issuance of a final Commission rule 
     under subsection (b)(3), an entity may submit an application 
     to the Commission for approval as the Electric Reliability 
     Organization. The applicant shall specify in its application 
     its governance and procedures, as well as its funding 
     mechanism and initial funding requirements.
       ``(2) The Commission shall provide public notice of the 
     application and afford interested parties an opportunity to 
     comment.
       ``(3) The Commission shall approve the application if the 
     Commission determines that the applicant--
       ``(A) has the ability to develop, implement, and enforce 
     standards that provide for an adequate level of reliability 
     of the bulk power system;
       ``(B) permits voluntary membership to any user of the bulk 
     power system or public interest group;
       ``(C) ensures fair representation of its members in the 
     selection of its directors and fair management of its 
     affairs, taking into account the need for efficiency and 
     effectiveness in decisionmaking and operations and the 
     requirements for technical competency in the development of 
     Organization Standards and the exercise of oversight of bulk 
     power system reliability;
       ``(D) ensures that no 2 industry sectors have the ability 
     to control, and no 1 industry sector has the ability to veto, 
     the Electric Reliability Organization's discharge of its 
     responsibilities (including actions by committees 
     recommending standards to the board or other board actions to 
     implement and enforce standards);
       ``(E) provides for governance by a board wholly comprised 
     of independent directors;
       ``(F) provides a funding mechanism and requirements that 
     are just, reasonable, and not unduly discriminatory or 
     preferential and are in the public interest, and which 
     satisfy the requirements of subsection (l);
       ``(G) establishes procedures for development of 
     Organization Standards that provide reasonable notice and 
     opportunity for public comment, taking into account the need 
     for efficiency and effectiveness in decisionmaking and 
     operations and the requirements for technical competency in 
     the development

[[Page S9543]]

     of Organization Standards, and which standards development 
     process has--
       ``(i) openness;
       ``(ii) balance of interests; and
       ``(iii) due process, except that the procedures may include 
     alternative procedures for emergencies;
       ``(H) establishes fair and impartial procedures for 
     implementation and enforcement of Organization Standards, 
     either directly or through delegation to an affiliated 
     regional reliability entity, including the imposition of 
     penalties, limitations on activities, functions, or 
     operations, or other appropriate sanctions;
       ``(I) establishes procedures for notice and opportunity for 
     public observation of all meetings, except that the 
     procedures for public observation may include alternative 
     procedures for emergencies or for the discussion of 
     information the directors determine should take place in 
     closed session, such as litigation, personnel actions, or 
     commercially sensitive information;
       ``(J) provides for the consideration of recommendations of 
     States and State commissions; and
       ``(K) addresses other matters that the Commission may deem 
     necessary or appropriate to ensure that the procedures, 
     governance, and funding of the Electric Reliability 
     Organization are just, reasonable, not unduly discriminatory 
     or preferential, and are in the public interest.
       ``(4) The Commission shall approve only 1 Electric 
     Reliability Organization. If the Commission receives 2 or 
     more timely applications that satisfy the requirements of 
     this subsection, the Commission shall approve only the 
     application it concludes will best implement the provisions 
     of this section.
       ``(e) Establishment of and Modifications to Organization 
     Standards.--
       ``(1) The Electric Reliability Organization shall file with 
     the Commission any new or modified organization standards, 
     including any variances or entity rules, and the Commission 
     shall follow the procedures under paragraph (2) for review of 
     that filing.
       ``(2) Submissions under paragraph (1) shall include--
       ``(A) a concise statement of the purpose of the proposal; 
     and
       ``(B) a record of any proceedings conducted with respect to 
     such proposal.
     The Commission shall provide notice of the filing of such 
     proposal and afford interested entities 30 days to submit 
     comments. The Commission, after taking into consideration any 
     submitted comments, shall approve or disapprove such proposal 
     not later than 60 days after the deadline for the submission 
     of comments, except that the Commission may extend the 60 day 
     period for an additional 90 days for good cause, and except 
     further that if the Commission does not act to approve or 
     disapprove a proposal within the foregoing periods, the 
     proposal shall go into effect subject to its terms, without 
     prejudice to the authority of the Commission thereafter to 
     modify the proposal in accordance with the standards and 
     requirements of this section. Proposals approved by the 
     Commission shall take effect according to their terms but not 
     earlier than 30 days after the effective date of the 
     Commission's order, except as provided in paragraph (3) of 
     this subsection.
       ``(3)(A) In the exercise of its review responsibilities 
     under this subsection, the Commission shall give due weight 
     to the technical expertise of the Electric Reliability 
     Organization with respect to the content of a new or modified 
     organization standard, but shall not defer to the 
     organization with respect to the effect of the standard on 
     competition. The Commission shall approve a proposed new or 
     modified organization standard if it determines the proposal 
     to be just, reasonable, not unduly discriminatory or 
     preferential, and in the public interest.
       ``(B) An existing or proposed organization standard which 
     is disapproved in whole or in part by the Commission shall be 
     remanded to the Electric Reliability Organization for further 
     consideration.
       ``(C) The Commission, on its own motion or upon complaint, 
     may direct the Electric Reliability Organization to develop 
     an organization standard, including modification to an 
     existing organization standard, addressing a specific matter 
     by a date certain if the Commission considers such new or 
     modified organization standard necessary or appropriate to 
     further the purposes of this section. The Electric 
     Reliability Organization shall file any such new or 
     modified organization standard in accordance with this 
     subsection.
       ``(D) An affiliated regional reliability entity may propose 
     a variance or entity rule to the Electric Reliability 
     Organization. The affiliated regional reliability entity may 
     request that the Electric Reliability Organization expedite 
     consideration of the proposal, and may file a notice of such 
     request with the Commission, if expedited consideration is 
     necessary to provide for bulk-power system reliability. If 
     the Electric Reliability Organization fails to adopt the 
     variance or entity rule, either in whole or in part, the 
     affiliated regional reliability entity may request that the 
     Commission review such action. If the Commission determines, 
     after its review of such a request, that the action of the 
     Electric Reliability Organization did not conform to the 
     applicable standards and procedures approved by the 
     Commission, or if the Commission determines that the variance 
     or entity rule is just, reasonable, not unduly discriminatory 
     or preferential, and in the public interest, and that the 
     Electric Reliability Organization has unreasonably rejected 
     the proposed variance or entity rule, then the Commission may 
     remand the proposed variance or entity rule for further 
     consideration by the Electric Reliability Organization or may 
     direct the Electric Reliability Organization or the 
     affiliated regional reliability entity to develop a variance 
     or entity rule consistent with that requested by the 
     affiliated regional reliability entity. Any such variance or 
     entity rule proposed by an affiliated regional reliability 
     entity shall be submitted to the Electric Reliability 
     Organization for review and filing with the Commission in 
     accordance with the procedures specified in this subsection.
       ``(E) Notwithstanding any other provision of this 
     subsection, a proposed organization standard or amendment 
     shall take effect according to its terms if the Electric 
     Reliability Organization determines that an emergency exists 
     requiring that such proposed organization standard or 
     amendment take effect without notice or comment. The Electric 
     Reliability Organization shall notify the Commission 
     immediately following such determination and shall file such 
     emergency organization standard or amendment with the 
     Commission not later than 5 days following such determination 
     and shall include in such filing an explanation of the need 
     for such emergency standard. Subsequently, the Commission 
     shall provide notice of the organization standard or 
     amendment for comment, and shall follow the procedures set 
     out in paragraphs (2) and (3) for review of the new or 
     modified organization standard. Any such organization 
     standard that has gone into effect shall remain in effect 
     unless and until suspended or disapproved by the Commission. 
     If the Commission determines at any time that the emergency 
     organization standard or amendment is not necessary, the 
     Commission may suspend such emergency organization standard 
     or amendment.
       ``(4) All users of the bulk power system shall comply with 
     any organization standard that takes effect under this 
     section.
       ``(f) Coordination With Canada and Mexico.--The Electric 
     Reliability Organization shall take all appropriate steps to 
     gain recognition in Canada and Mexico. The United States 
     shall use its best efforts to enter into international 
     agreements with the appropriate governments of Canada and 
     Mexico to provide for effective compliance with organization 
     standards and to provide for the effectiveness of the 
     Electric Reliability Organization in carrying out its mission 
     and responsibilities. All actions taken by the Electric 
     Reliability Organization, any affiliated regional reliability 
     entity, and the Commission shall be consistent with the 
     provisions of such international agreements.
       ``(g) Changes in Procedures, Governance, or Funding.--
       ``(1) The Electric Reliability Organization shall file with 
     the Commission any proposed change in its procedures, 
     governance, or funding, or any changes in the affiliated 
     regional reliability entity's procedures, governance, or 
     funding relating to delegated functions, and shall include 
     with the filing an explanation of the basis and purpose for 
     the change.
       ``(2) A proposed procedural change may take effect 90 days 
     after filing with the Commission if the change constitutes a 
     statement of policy, practice, or interpretation with respect 
     to the meaning or enforcement of an existing procedure. 
     Otherwise, a proposed procedural change shall take effect 
     only upon a finding by the Commission, after notice and 
     opportunity for comments, that the change is just, 
     reasonable, not unduly discriminatory or preferential, is in 
     the public interest, and satisfies the requirements of 
     subsection (d)(4).
       ``(3) A change in governance or funding shall not take 
     effect unless the Commission finds that the change is just, 
     reasonable, not unduly discriminatory or preferential, in the 
     public interest, and satisfies the requirements of subsection 
     (d)(4).
       ``(4) The Commission, upon complaint or upon its own 
     motion, may require the Electric Reliability Organization to 
     amend the procedures, governance, or funding if the 
     Commission determines that the amendment is necessary to meet 
     the requirements of this section. The Electric Reliability 
     Organization shall file the amendment in accordance with 
     paragraph (1) of this subsection.
       ``(h) Delegations of Authority.--
       ``(1) The Electric Reliability Organization shall, upon 
     request by an entity, enter into an agreement with such 
     entity for the delegation of authority to implement and 
     enforce compliance with organization standards in a specified 
     geographic area if the organization finds that the entity 
     requesting the delegation satisfies the requirements of 
     subparagraphs (A), (B), (C), (D), (F), (J), and (K) of 
     subsection (d)(4), and if the delegation promotes the 
     effective and efficient implementation and administration 
     of bulk power system reliability. The Electric Reliability 
     Organization may enter into an agreement to delegate to 
     the entity any other authority, except that the Electric 
     Reliability Organization shall reserve the right to set 
     and approve standards for bulk power system reliability.
       ``(2) The Electric Reliability Organization shall file with 
     the Commission any agreement entered into under this 
     subsection and any information the Commission requires with 
     respect to the affiliated regional reliability entity to 
     which authority is to be delegated. The Commission shall 
     approve the agreement, following public notice and an 
     opportunity for comment, if it finds that the

[[Page S9544]]

     agreement meets the requirements of paragraph (1), and is 
     just, reasonable, not unduly discriminatory or preferential, 
     and is in the public interest. A proposed delegation 
     agreement with an affiliated regional reliability entity 
     organized on an interconnection-wide basis shall be 
     rebuttably presumed by the Commission to promote the 
     effective and efficient implementation and administration of 
     bulk power system reliability. No delegation by the Electric 
     Reliability Organization shall be valid unless approved by 
     the Commission.
       ``(3)(A) A delegation agreement entered into under this 
     subsection shall specify the procedures for an affiliated 
     regional reliability entity to propose entity rules or 
     variances for review by the Electric Reliability 
     Organization. With respect to any such proposal that would 
     apply on an interconnection-wide basis, the Electric 
     Reliability Organization shall presume such proposal valid if 
     made by an interconnection-wide affiliated regional 
     reliability entity unless the Electric Reliability 
     Organization makes a written finding that the proposal--
       ``(i) was not developed in a fair and open process that 
     provided an opportunity for all interested parties to 
     participate;
       ``(ii) has a significant adverse impact on reliability or 
     commerce in other interconnections;
       ``(iii) fails to provide a level of reliability of the 
     bulk-power system within the interconnection such that it 
     would constitute a serious and substantial threat to public 
     health, safety, welfare, or national security; or
       ``(iv) creates a serious and substantial burden on 
     competitive markets within the interconnection that is not 
     necessary for reliability.
       ``(B) With respect to any such proposal that would apply 
     only to part of an interconnection, the Electric Reliability 
     Organization shall find such proposal valid if the affiliated 
     regional reliability entity or entities making the proposal 
     demonstrate that it--
       ``(i) was developed in a fair and open process that 
     provided an opportunity for all interested parties to 
     participate;
       ``(ii) would not have an adverse impact on commerce that is 
     not necessary for reliability;
       ``(iii) provides a level of bulk power system reliability 
     adequate to protect public health, safety, welfare, and 
     national security, and would not have a significant adverse 
     impact on reliability; and
       ``(iv) in the case of a variance, is based on legitimate 
     differences between regions or between subregions within the 
     affiliated regional reliability entity's geographic area.

     The Electric Reliability Organization shall approve or 
     disapprove such proposal within 120 days, or the proposal 
     shall be deemed approved. Following approval of any such 
     proposal under this paragraph, the Electric Reliability 
     Organization shall seek Commission approval pursuant to the 
     procedures prescribed under subsection (e)(3). Affiliated 
     regional reliability entities may not make requests for 
     approval directly to the Commission except pursuant to 
     subsection (e)(3)(D).
       ``(4) If an affiliated regional reliability entity 
     requests, consistent with paragraph (1) of this subsection, 
     that the Electric Reliability Organization delegate authority 
     to it, but is unable within 180 days to reach agreement with 
     the Electric Reliability Organization with respect to such 
     requested delegation, such entity may seek relief from the 
     Commission. If, following notice and opportunity for comment, 
     the Commission determines that a delegation to the entity 
     would meet the requirements of paragraph (1) above, and that 
     the delegation would be just, reasonable, not unduly 
     discriminatory or preferential, and in the public interest, 
     and that the Electric Reliability Organization has 
     unreasonably withheld such delegation, the Commission may, by 
     order, direct the Electric Reliability Organization to make 
     such delegation.
       ``(5)(A) The Commission may, upon its own motion or upon 
     complaint, and with notice to the appropriate affiliated 
     regional reliability entity or entities, direct the Electric 
     Reliability Organization to propose a modification to an 
     agreement entered into under this subsection if the 
     Commission determines that--
       ``(i) the affiliated regional reliability entity no longer 
     has the capacity to carry out effectively or efficiently its 
     implementation or enforcement responsibilities under that 
     agreement, has failed to meet its obligations under that 
     agreement, or has violated any provision of this section;
       ``(ii) the rules, practices, or procedures of the 
     affiliated regional reliability entity no longer provide for 
     fair and impartial discharge of its implementation or 
     enforcement responsibilities under the agreement;
       ``(iii) the geographic boundary of a transmission entity 
     approved by the Commission is not wholly within the boundary 
     of an affiliated regional reliability entity and such 
     difference is inconsistent with the effective and 
     efficient implementation and administration of bulk power 
     system reliability; or
       ``(iv) the agreement is inconsistent with another 
     delegation agreement as a result of actions taken under 
     paragraph (4) of this subsection.
       ``(B) Following an order of the Commission issued under 
     subparagraph (A), the Commission may suspend the affected 
     agreement if the Electric Reliability Organization or the 
     affiliated regional reliability entity does not propose an 
     appropriate and timely modification. If the agreement is 
     suspended, the Electric Reliability Organization shall assume 
     the previously delegated responsibilities. The Commission 
     shall allow the Electric Reliability Organization and the 
     affiliated regional reliability entity an opportunity to 
     appeal the suspension.
       ``(i) Organization Membership.--Every system operator shall 
     be required to be a member of the electric Reliability 
     Organization and shall be required also to be a member of any 
     affiliated regional reliability entity operating under an 
     agreement effective pursuant to subsection (h) applicable to 
     the region in which the system operator operates or is 
     responsible for the operation of bulkpower system facilities.
       ``(j) Injunctions and Disciplinary Action.--
       ``(1) Consistent with the range of actions approved by the 
     Commission under subsection (d)(4)(H), the Electric 
     Reliability Organization may impose a penalty, limitation of 
     activities, functions, operations, or other disciplinary 
     action the Electric Reliability Organization finds 
     appropriate against a user of the bulk power system if the 
     Electric Reliability Organization, after notice and an 
     opportunity for interested parties to be heard, issues a 
     finding in writing that the user of the bulk-power system has 
     violated an organization standard. The Electric Reliability 
     Organization shall immediately notify the Commission of any 
     disciplinary action imposed with respect to an act or failure 
     to act of a user of the bulk-power system that affected or 
     threatened to affect bulk power system facilities located in 
     the United States, and the sanctioned party shall have the 
     right to seek modification or rescission of such disciplinary 
     action by the Commission. If the organization finds it 
     necessary to prevent a serious threat to reliability, the 
     organization may seek injunctive relief in a Federal court in 
     the district in which the affected facilities are located.
       ``(2) A disciplinary action taken under paragraph (1) may 
     take effect not earlier than the 30th day after the Electric 
     Reliability Organization files with the Commission its 
     written finding and record of proceedings before the Electric 
     Reliability Organization and the Commission posts its written 
     finding, unless the Commission, on its own motion or upon 
     application by the user of the bulk power system which is the 
     subject of the action, suspends the action. The action shall 
     remain in effect or remain suspended unless and until the 
     Commission, after notice and opportunity for hearing, 
     affirms, sets aside, modifies, or reinstates the action, but 
     the Commission shall conduct such hearing under procedures 
     established to ensure expedited consideration of the action 
     taken.
       ``(3) The Commission, on its own motion or on complaint, 
     may order compliance with an organization standard and may 
     impose a penalty, limitation of activities, functions, or 
     operations, or take such other disciplinary action as the 
     Commission finds appropriate, against a user of the bulk 
     power system with respect to actions affecting or threatening 
     to affect bulk power system facilities located in the United 
     States if the Commission finds, after notice and opportunity 
     for a hearing, that the user of the bulk power system has 
     violated or threatens to violate an organization standard.
       ``(4) The Commission may take such action as is necessary 
     against the Electric Reliability Organization or an 
     affiliated regional reliability entity to ensure compliance 
     with an organization standard, or any Commission order 
     affecting the Electric Reliability Organization or an 
     affiliated regional reliability entity.
       ``(k) Reliability Reports.--The Electric Reliability 
     Organization shall conduct periodic assessments of the 
     reliability and adequacy of the interconnected bulk power 
     system in North America and shall report annually to the 
     Secretary of Energy and the Commission its findings and 
     recommendations for monitoring or improving system 
     reliability and adequacy.
       ``(l) Assessment and Recovery of Certain Costs.--The 
     reasonable costs of the Electric Reliability Organization, 
     and the reasonable costs of each affiliated regional 
     reliability entity that are related to implementation and 
     enforcement of organization standards or other requirements 
     contained in a delegation agreement approved under subsection 
     (h), shall be assessed by the Electric Reliability 
     Organization and each affiliated regional reliability entity, 
     respectively, taking into account the relationship of costs 
     to each region and based on an allocation that reflects an 
     equitable sharing of the costs among all end users. The 
     Commission shall provide by rule for the review of such costs 
     and allocations, pursuant to the standards in this subsection 
     and subsection (d)(4)(F).
       ``(m) Savings Provisions.--
       ``(1) The Electric Reliability Organization shall have 
     authority to develop, implement and enforce compliance with 
     standards for the reliable operation of only the bulk power 
     system.
       ``(2) This section does not provide the Electric 
     Reliability Organization or the Commission with the authority 
     to set and enforce compliance with standards for adequacy or 
     safety of electric facilities or services.
       ``(3) Nothing in this section shall be construed to preempt 
     any authority of any State to take action to ensure the 
     safety, adequacy, and reliability of electric service within 
     that State, as long as such action is not inconsistent with 
     any Organization Standard.

[[Page S9545]]

       ``(4) Within 90 days of the application of the Electric 
     Reliability Organization or other affected party, the 
     Commission shall issue a final order determining whether a 
     State action is inconsistent with an Organization Standard, 
     after notice and opportunity for comment, taking into 
     consideration any recommendations of the Electric Reliability 
     Organization.
       ``(5) The Commission, after consultation with the Electric 
     Reliability Organization, may stay the effectiveness of any 
     state action, pending the Commission's issuance of a final 
     order.
       ``(n) Regional Advisory Bodies.--The Commission shall 
     establish a regional advisory body on the petition of at 
     least \2/3\ of the States within a region that have more than 
     one-half of their electric loan served within the region. A 
     regional advisory body shall be composed of 1 member from 
     each participating State in the region, appointed by the 
     Governor of each State, and may include representatives of 
     agencies, States, and provinces outside the United States, 
     upon execution of an international agreement or agreements 
     described in subsection (f). A regional advisory body may 
     provide advice to the electric reliability organization, an 
     affiliated regional reliability entity, or the Commission 
     regarding the governance of an existing or proposed 
     affiliated regional reliability entity within the same 
     region, whether an organization standard, entity rule, or 
     variance proposed to apply within the region is just, 
     reasonable, not unduly discriminatory or preferential, and in 
     the public interest, and whether fees proposed to be assessed 
     within the region are just, reasonable, not unduly 
     discriminatory or preferential, in the public interest, and 
     consistent with the requirements of subsection (l). The 
     Commission may give deference to the advice of any such 
     regional advisory body if that body is organized on an 
     interconnection-wide basis.
       ``(o) Coordination With Regional Transmission 
     Organizations.--
       ``(1) Each regional transmission organization authorized by 
     the Commission shall be responsible for maintaining the 
     short-term reliability of the bulk power system that it 
     operates, consistent with organization standards.
       ``(2) Except as provided in paragraph (5), in connection 
     with a proceeding under subsection (e) to consider a proposed 
     organization standard, each regional transmission 
     organization authorized by the Commission shall report to the 
     Commission, and notify the electric reliability organization 
     and any applicable affiliated regional reliability entity, 
     regarding whether the proposed organization standard hinders 
     or conflicts with that regional transmission organization's 
     ability to fulfill the requirements of any rule, regulation, 
     order, tariff, rate schedule, or agreement accepted, approved 
     or ordered by the Commission. Where such hindrance or 
     conflict is identified, the Commission shall address such 
     hindrance or conflict, and the need for any changes to such 
     rule, order, tariff, rate schedule, or agreement accepted, 
     approved or ordered by the Commission in its order under 
     subsection (e) regarding the proposed standard. Where such 
     hindrance or conflict is identified between a proposed 
     organization standard and a provision of any rule, order, 
     tariff, rate schedule or agreement accepted, approved or 
     ordered by the Commission applicable to a regional 
     transmission organization, nothing in this section shall 
     require a change in the regional transmission organization's 
     obligation to comply with such provision unless the 
     Commission orders such a change and the change becomes 
     effective. If the Commission finds that the tariff, rate 
     schedule, or agreement needs to be changed, the regional 
     transmission organization must expeditiously make a section 
     205 filing to reflect the change. If the Commission finds 
     that the proposed organization standard needs to be changed, 
     it shall remand the proposed organization standard to the 
     electric reliability organization under subsection (e)(3)(B).
       ``(3) Except as provided in paragraph (5), to the extent 
     hindrances and conflicts arise after approval of a 
     reliability standard under subsection (c) or organization 
     standard under subsection (e), each regional transmission 
     organization authorized by the Commission shall report to the 
     Commission, and notify the electric reliability organization 
     and any applicable affiliated regional reliability entity, 
     regarding any reliability standard approved under subsection 
     (c) or organization standard that hinders or conflicts with 
     that regional transmission organization's ability to fulfill 
     the requirements of any rule, regulation, order tariff, rate 
     schedule, or agreement accepted, approved or ordered by the 
     Commission. The Commission shall seek to ensure that such 
     hindrances or conflicts are resolved promptly. Where a 
     hindrance or conflict is identified between a reliability 
     standard or an organization standard and a provision of any 
     rule, order, tariff, rate schedule or agreement accepted, 
     approved or ordered by the Commission applicable to a 
     regional reliability organization, nothing in this section 
     shall require a change in the regional transmission 
     organization's obligation to comply with such provision 
     unless the Commission orders such a change and the change 
     becomes effective. If the Commission finds that the tariff, 
     rate schedule or agreement needs to be changed, the regional 
     transmission organization must expeditiously make a section 
     205 filing to reflect the change. If the Commission finds 
     that an organization standard needs to be changed, it shall 
     order the electric reliability organization to develop and 
     submit a modified organization standard under subsection 
     (e)(3)(C).
       ``(4) An affiliated regional reliability entity and a 
     regional transmission organization operating in the same 
     geographic area shall cooperate to avoid conflicts between 
     implementation and enforcement of organization standards 
     by the affiliated regional reliability entity and 
     implementation and enforcement by the regional 
     transmission organization of tariffs, rate schedules, and 
     agreements accepted, approved or ordered by the 
     Commission. In areas without an affiliated regional 
     reliability entity, the electric reliability organization 
     shall act as the affiliated regional reliability entity 
     for purposes of this paragraph.
       ``(5) Until 180 days after approval of applicable 
     subsection (h)(3) procedures, any reliability standard, 
     guidance, or practice contained in Commission-accepted 
     tariffs, rate schedules, or agreements in effect of any 
     Commission-authorized independent system operator or regional 
     transmission organization shall continue to apply unless the 
     Commission accepts an amendment thereto by the applicable 
     operator or organization, or upon complaint finds them to be 
     unjust, unreasonable, unduly discriminatory or preferential, 
     or not in the public interest. At the conclusion of such 
     transition period, any such reliability standard, guidance, 
     practice, or amendment thereto that the Commission determines 
     is inconsistent with organization standards shall no longer 
     apply.''.
       (2) Enforcement.--Sections 316 and 316A of the Federal 
     Power Act (16 U.S.C. 825o, 825o-1) are amended by striking 
     ``or 214'' each place it appears and inserting ``214, or 
     215''.
       (b) Application of Antitrust Laws.--Notwithstanding any 
     other provision of law, each of the following activities are 
     rebuttably presumed to be in compliance with the antitrust 
     laws of the United States:
       (1) Activities undertaken by the Electric Reliability 
     Organization under section 215 of the Federal Power Act or 
     affiliated regional reliability entity operating under an 
     agreement in effect under section 215(h) of such Act.
       (2) Activities of a member of the Electric Reliability 
     Organization or affiliated regional reliability entity in 
     pursuit of organization objectives under section 215 of the 
     Federal Power Act undertaken in good faith under the rules of 
     the organization.

     Primary jurisdiction, and immunities and other affirmative 
     defenses, shall be available to the extent otherwise 
     applicable.

       Subtitle B--PURPA Mandatory Purchase and Sale Requirements

     SEC. 4803. PURPA MANDATORY PURCHASE AND SALE REQUIREMENTS.

       Section 210 of the Public Utility Regulatory Policies Act 
     of 1978 (16 U.S.C. 824a-3) is amended by adding at the end 
     the following:
       ``(m) Termination of Mandatory Purchase and Sale 
     Requirements.--
       ``(1) In general.--After the date of enactment of this 
     subsection, no electric utility shall be required to enter 
     into a new contract or obligation to purchase electric energy 
     from, or sell electric energy under this section.
       ``(2) No effect on existing rights and remedies.--Nothing 
     in this subsection affects the rights or remedies of any 
     party with respect to the purchase or sale of electric energy 
     or capacity from or to a facility under this section under 
     any contract or obligation to purchase or to sell electric 
     energy or capacity on the date of enactment of this 
     subsection, including--
       ``(A) the right to recover costs of purchasing such 
     electric energy or capacity; and
       ``(B) in States without competition for retail electric 
     supply, the obligation of a utility to provide, at just and 
     reasonable rates for consumption by a qualifying small power 
     production facility or a qualifying cogeneration facility, 
     backup, standby, and maintenance power.
       ``(3) Recovery of costs.--
       ``(A) Regulation.--To ensure recovery, by an electric 
     utility that purchases electricity or capacity from a 
     qualifying facility pursuant to any legally enforceable 
     obligation entered into or imposed under this section before 
     the date of enactment of this subsection, of all costs 
     associated with the purchases, the Commission shall issue and 
     enforce such regulations as are required to ensure that no 
     electric utility shall be required directly or indirectly to 
     absorb the costs associated with such purchases.
       ``(B) Enforcement.--A regulation under subparagraph (A) 
     shall be enforceable in accordance with the provisions of law 
     applicable to enforcement of regulations under the Federal 
     Power Act.''.

 Subtitle C--Repeal of the Public Utility Holding Company Act of 1935 
    and Enactment of the Public Utility Holding Company Act of 2001

     SEC. 4810. SHORT TITLE.

       This subtitle may be cited as the ``Public Utility Holding 
     Company Act of 2001''.

     SEC. 4811. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Public Utility Holding Company Act of 1935 was 
     intended to facilitate the work of Federal and State 
     regulators by placing certain constraints on the activities 
     of holding company systems;
       (2) developments since 1935, including changes in other 
     regulation and in the electric and gas industries, have 
     called into

[[Page S9546]]

     question the continued relevance of the model of regulation 
     established by that Act;
       (3) there is a continuing need for State regulation in 
     order to ensure the rate protection of utility customers; and
       (4) limited Federal regulation is necessary to supplement 
     the work of State commissions for the continued rate 
     protection of electric and gas utility customers.
       (b) Purposes.--The purposes of this title are--
       (1) to eliminate unnecessary regulation, yet continue to 
     provide for consumer protection by facilitating existing rate 
     regulatory authority through improved Federal and State 
     commission access to books and records of all companies in 
     a holding company system, to the extent that such 
     information is relevant to rates paid by utility 
     customers, while affording companies the flexibility 
     required to compete in the energy markets; and
       (2) to address protection of electric and gas utility 
     customers by providing for Federal and State access to books 
     and records of all companies in a holding company system that 
     are relevant to utility rates.

     SEC. 4812. DEFINITIONS.

       For the purposes of this subtitle--
       (1) the term ``affiliate'' of a company means any company 5 
     percent or more of the outstanding voting securities of which 
     are owned, controlled, or held with power to vote, directly 
     or indirectly, by such company;
       (2) the term ``associate company'' of a company means any 
     company in the same holding company system with such company;
       (3) the term ``Commission'' means the Federal Energy 
     Regulatory Commission;
       (4) the term ``company'' means a corporation, partnership, 
     association, joint stock company, business trust, or any 
     organized group of persons, whether incorporated or not, or a 
     receiver, trustee, or other liquidating agent of any of the 
     foregoing;
       (5) the term ``electric utility company'' means any company 
     that owns or operates facilities used for the generation, 
     transmission, or distribution of electric energy for sale;
       (6) the terms ``exempt wholesale generator'' and ``foreign 
     utility company'' have the same meanings as in sections 32 
     and 33, respectively, of the Public Utility Holding Company 
     Act of 1935, as those sections existed on the day before the 
     effective date of this Act;
       (7) the term ``gas utility company'' means any company that 
     owns or operates facilities used for distribution at retail 
     (other than the distribution only in enclosed portable 
     containers or distribution to tenants or employees of the 
     company operating such facilities for their own use and not 
     for resale) of natural or manufactured gas for heat, light, 
     or power;
       (8) the term ``holding company'' means--
       (A) any company that directly or indirectly owns, controls, 
     or holds with power to vote, 10 percent or more of the 
     outstanding voting securities of a public utility company or 
     of a holding company of any public utility company; and
       (B) any person, determined by the Commission, after notice 
     and opportunity for hearing, to exercise directly or 
     indirectly (either alone or pursuant to an arrangement or 
     understanding with 1 or more persons) such a controlling 
     influence over the management or policies of any public 
     utility company or holding company as to make it necessary or 
     appropriate for the rate protection of utility customers with 
     respect to rates that such person be subject to the 
     obligations, duties, and liabilities imposed by this title 
     upon holding companies;
       (9) the term ``holding company system'' means a holding 
     company, together with its subsidiary companies;
       (10) the term ``jurisdictional rates'' means rates 
     established by the Commission for the transmission of 
     electric energy in interstate commerce, the sale of electric 
     energy at wholesale in interstate commerce, the 
     transportation of natural gas in interstate commerce, and the 
     sale in interstate commerce of natural gas for resale for 
     ultimate public consumption for domestic, commercial, 
     industrial, or any other use;
       (11) the term ``natural gas company'' means a person 
     engaged in the transportation of natural gas in interstate 
     commerce or the sale of such gas in interstate commerce for 
     resale;
       (12) the term ``person'' means an individual or company;
       (13) the term ``public utility'' means any person who owns 
     or operates facilities used for transmission of electric 
     energy in interstate commerce or sales of electric energy at 
     wholesale in interstate commerce;
       (14) the term ``public utility company'' means an electric 
     utility company or a gas utility company;
       (15) the term ``State commission'' means any commission, 
     board, agency, or officer, by whatever name designated, of a 
     State, municipality, or other political subdivision of a 
     State that, under the laws of such State, has jurisdiction to 
     regulate public utility companies;
       (16) the term ``subsidiary company'' of a holding company 
     means--
       (A) any company, 10 percent or more of the outstanding 
     voting securities of which are directly or indirectly owned, 
     controlled, or held with power to vote, by such holding 
     company; and
       (B) any person, the management or policies of which the 
     Commission, after notice and opportunity for hearing, 
     determines to be subject to a controlling influence, directly 
     or indirectly, by such holding company (either alone or 
     pursuant to an arrangement or understanding with 1 or more 
     other persons) so as to make it necessary for the rate 
     protection of utility customers with respect to rates that 
     such person be subject to the obligations, duties, and 
     liabilities imposed by this title upon subsidiary companies 
     of holding companies; and
       (17) the term ``voting security'' means any security 
     presently entitling the owner or holder thereof to vote in 
     the direction or management of the affairs of a company.

     SEC. 4813. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT 
                   OF 1935.

       The Public Utility Holding Company Act of 1935 (15 U.S.C. 
     79a et seq.) is repealed, effective 1 year after the date of 
     enactment of this Act.

     SEC. 4814. FEDERAL ACCESS TO BOOKS AND RECORDS.

       (a) In General.--Each holding company and each associate 
     company thereof shall maintain, and shall make available to 
     the Commission, such books, accounts, memoranda, and other 
     records as the Commission deems to be relevant to costs 
     incurred by a public utility or natural gas company that is 
     an associate company of such holding company and necessary or 
     appropriate for the protection of utility customers with 
     respect to jurisdictional rates for the transmission of 
     electric energy in interstate commerce, the sale of electric 
     energy at wholesale in interstate commerce, the 
     transportation of natural gas in interstate commerce, and the 
     sale in interstate commerce of natural gas for resale for 
     ultimate public consumption for domestic, commercial, 
     industrial, or any other use.
       (b) Affiliate Companies.--Each affiliate of a holding 
     company or of any subsidiary company of a holding company 
     shall maintain, and make available to the Commission, such 
     books, accounts, memoranda, and other records with respect 
     to any transaction with another affiliate, as the 
     Commission deems to be relevant to costs incurred by a 
     public utility or natural gas company that is an associate 
     company of such holding company and necessary or 
     appropriate for the protection of utility customers with 
     respect to jurisdictional rates.
       (c) Holding Company Systems.--The Commission may examine 
     the books, accounts, memoranda, and other records of any 
     company in a holding company system, or any affiliate 
     thereof, as the Commission deems to be relevant to costs 
     incurred by a public utility or natural gas company within 
     such holding company system and necessary or appropriate for 
     the protection of utility customers with respect to 
     jurisdictional rates.
       (d) Confidentiality.--No member, officer, or employee of 
     the Commission shall divulge any fact or information that may 
     come to his or her knowledge during the course of examination 
     of books, accounts, memoranda, or other records as provided 
     in this section, except as may be directed by the Commission 
     or by a court of competent jurisdiction.

     SEC. 4815. STATE ACCESS TO BOOKS AND RECORDS.

       (a) In General.--Upon the written request of a State 
     commission having jurisdiction to regulate a public utility 
     company in a holding company system, the holding company or 
     any associate company or affiliate thereof, other than such 
     public utility company, wherever located, shall produce for 
     inspection books, accounts, memoranda, and other records 
     that--
       (1) have been identified in reasonable detail in a 
     proceeding before the State commission;
       (2) the State commission deems are relevant to costs 
     incurred by such public utility company; and
       (3) are necessary for the effective discharge of the 
     responsibilities of the State commission with respect to such 
     proceeding.
       (b) Limitation.--Subsection (a) does not apply to any 
     person that is a holding company solely by reason of 
     ownership of 1 or more qualifying facilities under the Public 
     Utility Regulatory Policies Act.
       (c) Confidentiality of Information.--The production of 
     books, accounts, memoranda, and other records under 
     subsection (a) shall be subject to such terms and conditions 
     as may be necessary and appropriate to safeguard against 
     unwarranted disclosure to the public of any trade secrets or 
     sensitive commercial information.
       (d) Effect on State Law.--Nothing in this section shall 
     preempt applicable State law concerning the provision of 
     books, records, or any other information, or in any way limit 
     the rights of any State to obtain books, records, or any 
     other information under any other Federal law, contract, or 
     otherwise.
       (e) Court Jurisdiction.--Any United States district court 
     located in the State in which the State commission referred 
     to in subsection (a) is located shall have jurisdiction to 
     enforce compliance with this section.

     SEC. 4816. EXEMPTION AUTHORITY.

       (a) Rulemaking.--Not later than 90 days after the effective 
     date of this subtitle, the Commission shall promulgate a 
     final rule to exempt from the requirements of section 4815 
     any person that is a holding company, solely with respect to 
     1 or more--
       (1) qualifying facilities under the Public Utility 
     Regulatory Policies Act of 1978;
       (2) exempt wholesale generators; or
       (3) foreign utility companies.
       (b) Other Authority.--If, upon application or upon its own 
     motion, the Commission

[[Page S9547]]

     finds that the books, records, accounts, memoranda, and other 
     records of any person are not relevant to the jurisdictional 
     rates of a public utility or natural gas company, or if the 
     Commission finds that any class of transactions is not 
     relevant to the jurisdictional rates of a public utility or 
     natural gas company, the Commission shall exempt such person 
     or transaction from the requirements of section 4815.

     SEC. 4817. AFFILIATE TRANSACTION.

       Nothing in this subtitle shall preclude the Commission or a 
     State commission from exercising its jurisdiction under 
     otherwise applicable law to determine whether a public 
     utility company, public utility, or natural gas company may 
     recover in rates any costs of an activity performed by an 
     associate company, or any costs of goods or services acquired 
     by such public utility company from an associate company.

     SEC. 4818. APPLICABILITY.

       No provision of this subtitle shall apply to, or be deemed 
     to include--
       (1) the United States;
       (2) a State or any political subdivision of a State;
       (3) any foreign governmental authority not operating in the 
     United States;
       (4) any agency, authority, or instrumentality of any entity 
     referred to in paragraph (1), (2), or (3); or
       (5) any officer, agent, or employee of any entity referred 
     to in paragraph (1), (2), or (3) acting as such in the course 
     of his or her official duty.

     SEC. 4819. EFFECT ON OTHER REGULATIONS.

       Nothing in this subtitle precludes the Commission or a 
     State commission from exercising its jurisdiction under 
     otherwise applicable law to protect utility customers.

     SEC. 4820. ENFORCEMENT.

       The Commission shall have the same powers as set forth in 
     sections 306 through 317 of the Federal Power Act (16 U.S.C. 
     825d-825p) to enforce the provisions of this subtitle.

     SEC. 4821. SAVINGS PROVISIONS.

       (a) In General.--Nothing in this subtitle prohibits a 
     person from engaging in or continuing to engage in activities 
     or transactions in which it is legally engaged or authorized 
     to engage on the effective date of this subtitle.
       (b) Effect on Other Commission Authority.--Nothing in this 
     subtitle limits the authority of the Commission under the 
     Federal Power Act (16 U.S.C. 791a et seq.) (including section 
     301 of that Act) or the Natural Gas Act (15 U.S.C. 717 et 
     seq.) (including section 8 of that Act).

     SEC. 4822. IMPLEMENTATION.

       Not later than 180 days after the date of enactment of this 
     subtitle, the Commission shall--
       (1) promulgate such regulations as may be necessary or 
     appropriate to implement this title (other than section 
     4815); and
       (2) submit to Congress detailed recommendations on 
     technical and conforming amendments to Federal law necessary 
     to carry out this subtitle and the amendments made by this 
     subtitle.

     SEC. 4823. TRANSFER OF RESOURCES.

       All books and records that relate primarily to the 
     functions transferred to the Commission under this subtitle 
     shall be transferred from the Securities and Exchange 
     Commission to the Commission.

     SEC. 4824. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this subtitle.

     SEC. 4825. CONFORMING AMENDMENT TO THE FEDERAL POWER ACT.

       Section 318 of the Federal Power Act (16 U.S.C. 825q) is 
     repealed.

 Subtitle D--Emission-Free Control Measures Under State Implementation 
                                 Plans

     SEC. 4830. EMISSION-FREE CONTROL MEASURES UNDER A STATE 
                   IMPLEMENTATION PLAN.

       Actions taken by a State to support the continued operation 
     of existing emission-free electricity sources, or the 
     construction or operation of new emission-free electricity 
     sources, shall be considered control measures necessary or 
     appropriate to meet applicable requirements under section 
     110(a) of the Clean Air Act (42 U.S.C. 7410(a)) and shall be 
     included in a State Implementation Plan.

    TITLE IX--TAX INCENTIVES FOR ENERGY PRODUCTION AND CONSERVATION

     SEC. 4901. SENSE OF CONGRESS REGARDING TAX INCENTIVES FOR 
                   ENERGY PRODUCTION AND CONSERVATION.

       It is the sense of Congress that certain Federal tax 
     incentives including those contained in title IX of S. 389 as 
     introduced in the First Session of the 107th Congress should 
     be enacted into law to encourage energy production and 
     conservation in the United States.
                                  ____

  SA 1583. Mr. DORGAN (for Mrs. Clinton (for herself, Mr. Schumer, Mr. 
Dorgan, Mr. Edwards, Mr. Biden, Mr. Bayh, Mr. Sarbanes, Mr. Leahy, Mr. 
Shelby, Ms. Stabenow, Mr. Cleland, Mr. Breaux, Mr. Johnson, Mr. Crapo, 
Mr. Smith of New Hampshire, Mr. Helms, Mr. Allard, Mr. Chafee, Ms. 
Cantwell, Mr. Inhofe, Mr. Kerry, Mr. McCain, Mr. Feingold, Mr. 
Murkowski, Mr. Wyden, Ms. Snowe, and Mr. Warner)) proposed an amendment 
to the bill H.R. 2590, making appropriations for the Treasury 
Department, the United States Postal Service, the Executive Office of 
the President, and certain Independent Agencies, for the fiscal year 
ending September 30, 2002, and for other purposes; as follows:

       At the appropriate place in the bill, insert the following:

     SECTION 1. SHORT TITLE.

       This title may be cited as the ``The 9/11 Heroes Stamp Act 
     of 2001''.

     SEC. 2. REQUIREMENT THAT A SPECIAL COMMEMORATIVE POSTAGE 
                   STAMP BE DESIGNED AND ISSUED.

       (a) In General.--In order to afford the public a direct and 
     tangible way to provide assistance to the families of 
     emergency relief personnel killed or permanently disabled in 
     the line of duty in connection with the terrorist attacks 
     against the United States on September 11, 2001, the United 
     States Postal Service shall issue a semipostal in accordance 
     with subsection (b).
       (b) Requirements.--The provisions of section 416 of title 
     39, United States Code, shall apply as practicable with 
     respect to the semipostal described in subsection (a), 
     subject to the following:
       (c) Rate of Postage.--Section 414(b) of title 39, United 
     States Code, is amended--
       (1) in paragraph (1), by striking ``of not to exceed 25 
     percent'' and inserting ``of not less than 15 percent''; and
       (2) by adding after the sentence following paragraph (3) 
     the following: ``The special rate of postage of an individual 
     stamp under this section shall be an amount that is evenly 
     divisible by 5.''.
       (2) Disposition of amounts becoming available.--All amounts 
     becoming available from the sale of the semipostal (as 
     determined under such section) shall be transferred to the 
     Federal Emergency Management Agency under such arrangements 
     as the Postal Service shall by mutual agreement with such 
     agency establish in order to carry out the purposes of this 
     Act.
       (3) Commencement and termination dates.--Stamps under this 
     section shall be issued--
       (A) beginning on the earliest date practicable; and
       (B) for such period of time as the Postal Service considers 
     necessary and appropriate, but in no event less than 2 years.
       ``(g) For purposes of section 416 (including any regulation 
     prescribed under subsection (e)(1)(C) of that section), the 
     special postage stamp issued under this section shall not 
     apply to any limitation relating to whether more than 1 
     semipostal may be offered for sale at the same time.''
       (c) Design.--It is the sense of the Congress that the 
     semipostal issued under this section should depict, by such 
     design as the Postal Service considers to be most 
     appropriate, the efforts of emergency relief personnel at the 
     site of the World Trade Center in New York City and the 
     Pentagon in Arlington, Virginia.

     SEC. 3. DEFINITIONS.

       For purposes of this Act--
       (1) the term ``emergency relief personnel'' means 
     firefighters, law enforcement officers, paramedics, emergency 
     medical technicians, members of the clergy, and other 
     individuals (including employees of legally organized and 
     recognized volunteer organizations, whether compensated or 
     not) who, in the course of professional duties, respond to 
     fire, medical, hazardous material, or other similar 
     emergencies; and
       (2) the term ``semipostal'' has the meaning given such term 
     by section 416 of title 39, United States Code.
                                  ____

  SA 1584. Mr. DORGAN (for Mr. Hatch) proposed an amendment to the bill 
H.R. 2590, making appropriations for the Treasury Department, the 
United States Postal Service, the Executive Office of the President, 
and certain Independent Agencies, for the fiscal year ending September 
30, 2002, and for other purposes; as follows:

       On page 36, line 7, after the semicolon insert the 
     following: ``of which $2,500,000 shall be used for a newly 
     designated HIDTA in the State of Utah.''

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