[Congressional Record Volume 149, Number 112 (Friday, July 25, 2003)]
[Senate]
[Pages S9978-S9980]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1387. Mr. BINGAMAN (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the bill S. 14, to enhance 
the energy security of the United States, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 105, strike lines 6 through 19, and insert the 
     following:
       ``(C) for property described in subsection (d)(6)--
       ``(i) $150 for each electric heat pump water heater,
       ``(ii) $250 for each electric heat pump,
       ``(iii) $125 for each advanced natural gas, oil, propane 
     furnace, or hot water boiler,
       ``(iv) $250 for each central air conditioner,
       ``(v) $150 for each advanced natural gas, oil, or propane 
     water heater,
       ``(vi) $50 for each natural gas, oil, or propane water 
     heater,
       ``(vii) $250 for each geothermal heat pump,
       ``(viii) $50 for an advanced main air circulating fan,
       ``(ix) $150 for each advanced combination space and water 
     heating system,
       ``(x) $50 for each combination space and water heating 
     system.''.
       On page 109, line 19, strike ``or propane furnace'' and 
     insert ``propane furnace, or hot water boiler'' after 
     ``furnace''.
       On page 110, line 3, strike lines 1 through 7 and insert:
       ``(v) an advanced natural gas, oil, or propane water heater 
     which has an energy factor of at least 0.80 in the standard 
     Department of Energy test procedure,
       ``(vi) a natural gas, oil, or propane water heater which 
     has an energy factor of at least 0.65 and less than .080 in 
     the standard Department of Energy test procedure,
       ``(vii) a geothermal heat pump which has an average 
     efficiency ratio (EER) of at least 21,
       ``(viii) an advanced main air circulating fan used in a new 
     natural gas, propane, or oil-fired furnace, including main 
     air circulating fans that use a brushless permanent magnet 
     motor or another type of motor that achieves similar or 
     higher efficiency at half and full speed, as determined by 
     the Secretary,
       ``(ix) an advanced combination space and water heating 
     system which has a combined energy factor of at least 0.80 
     and a combined annual fuel utilization efficiency (AFUE) of 
     78 percent or higher in the standard Department of Energy 
     test procedure, and
       ``(x) a combination space and water heating system which 
     has a combined energy factor of at least 0.65 and less than 
     .080 and a combined annual fuel utilization efficiency (AFUE) 
     of 78 percent or higher in the standard Department of Energy 
     test procedure.''.
                                 ______
                                 
  SA 1388. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 133, strike lines 12 through 16 and insert the 
     following:
       ``(ii) which has an electrical capacity of no more than 
     15,000 kilowatts or a mechanical energy capacity of no more 
     than 2,000 horsepower or an equivalent combination of 
     electrical and mechanical energy capacities,''.
       On page 134, line 4, strike ``(70 percent'' and all that 
     follows through ``capacities)'' on line 10.
       On page 136, strike lines 16 through ``section 168.'' on 
     line 22.
                                 ______
                                 
  SA 1389. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 14, to enhance the energy security of the United 
States, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 95, line 17, strike ``ending on--'' and all that 
     follows through ``2007.'' on line 21 and insert ``ending on 
     December 31, 2007.''.
                                 ______
                                 
  SA 1390. Mr. DOMENICI (for Mr. Inhofe) proposed an amendment to the 
bill S. 14, to enhance the energy security of the United States, and 
for other purposes; as follows:

       On page 52, after line 22, add the following:

     SEC. 1____. RISK-BASED DATA MANAGEMENT SYSTEMS.

       (a) In General.--The Secretary of Energy shall make grants 
     to the Ground Water Protection Council to develop risk-based 
     data management systems in State oil and gas agencies to 
     assist States and oil and gas producers with compliance, 
     economic forecasting, permitting, and exploration.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,000,000 for 
     each fiscal year.
                                 ______
                                 
  SA 1391. Mr. BINGAMAN (for Mr. Durbin (for himself and Ms. Collins)) 
proposed an amendment to the bill S. 14, to enhance the energy security 
of the United States, and for other purposes; as follows:

       Page 209, after line 6, insert:

     ``SEC. 6  . CONSERVE BY BICYCLING PROGRAM.

       ``(A) Definitions.--In this section:
       ``(1) The term `program' means the Conserve by Bicycling 
     Program established by subsection (b).
       ``(2) The term `Secretary' means the Secretary of 
     Transportation.
       ``(b) Establishment.--There is established within the 
     Department of Transportation a program to be known as the 
     `Conserve by Bicycling Program'.
       ``(c) Projects.--
       ``(1) In carrying out the program, the Secretary shall 
     establish not more than 10 pilot projects that are--
       ``(A) dispersed geographically throughout the United 
     States; and
       ``(B) designed to conserve energy resources by encouraging 
     the use of bicycles in place of motor vehicles.
       ``(2) A pilot project described in paragraph (1) shall--
       ``(A) use education and marketing to convert motor vehicle 
     trips to bicycles trips;
       ``(B) document project results and energy savings (in 
     estimated units of energy conserved);
       ``(C) facilitate partnerships among interested parties in 
     at least 2 of the fields of transportation, law enforcement, 
     education, public health, environment, and energy;
       ``(D) maximize bicycle facility investments;
       ``(E) demonstrate methods that may be used in other regions 
     of the United States; and
       ``(F) facilitate the continuation of ongoing programs that 
     are sustained by local resources.
       ``(3) At least 20 percent of the cost of each pilot project 
     described in paragraph (1) shall be provided from State or 
     local sources.
       ``(d) Energy and Bicycling Research Study.--
       ``(1) Not later than 2 years after the date of enactment of 
     this Act, the Secretary shall enter into a contract with the 
     National Academy of Sciences for, and the National Academy of 
     Sciences shall conduct and submit to Congress, a report on a 
     study on the feasibility of converting motor vehicle trips to 
     bicycle trips.
       ``(2) The study shall--
       ``(A) document the results or progress of the pilot 
     projects under subsection (c);
       ``(B) determine the type of duration of motor vehicle trips 
     that people in the United States may feasibly make by 
     bicycle, taking into consideration factors such as weather, 
     land use and traffic patterns, the carrying capacity of 
     bicycles, and bicycle infrastructure;
       ``(C) determine any energy savings that would result from 
     the conversion of motor vehicle trips to bicycle trips;
       ``(D) include a cost-benefit analysis of infrastructure 
     investments; and
       ``(E) include a description of any factors that would 
     encourage more motor vehicle trips to be replaced with 
     bicycle trips.

[[Page S9979]]

       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $6,200,000, to remain available until expended, of which--
       ``(1) $5,150,000 shall be used to carry out pilot projects 
     described in subsection (c);
       ``(2) $300,000 shall be used to by the Secretary to 
     coordinate, publicize, and disseminate the results of the 
     program; and
       ``(3) $750,000 shall be used to carry out subsection 
     (d).''.
                                 ______
                                 
  SA 1392. Mr. BINGAMAN (for Mr. Harkin) proposed an amendment to the 
bill S. 14, to enhance the energy security of the United States, and 
for other purposes; as follows:

       On page 290, between lines 19 and 20, insert the following:

     SEC. 8____. RENEWABLE PRODUCTION OF HYDROGEN DEMONSTRATION 
                   AND COMMERCIAL APPLICATION PROGRAM.

       (a) In General.--The Secretary shall establish a program to 
     assist projects for the demonstration and commercial 
     application of the production of hydrogen from renewable 
     resources.
       (b) Scope.--A project funded with assistance under this 
     section may include an element other than production of 
     hydrogen if the Secretary determines that the element 
     contributes to the overall efficiency and commercial 
     viability of the technology employed in the project, 
     including--
       (1) joint production of hydrogen and other commercial 
     products from biomass; and
       (2) renewable production of hydrogen and use of the 
     hydrogen at a single farm location.
       (c) Cost Sharing; Merit Review.--A project carried out 
     using funds made available under this section shall be 
     subject to the cost sharing and merit review requirements 
     under sections 982 and 983, respectively.
       (d) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this section--
       (1) $10,000,000 for fiscal year 2004; and
       (2) $25,000,000 for each of fiscal years 2005 through 2008.
                                 ______
                                 
  SA 1393. Mr. BINGAMAN (for Mr. Schumer) proposed an amendment to the 
bill S. 14, to enhance the energy security of the United States and for 
other purposes; as follows

       On page 150, after line 14, insert the following:

     SEC. 443. PLAN FOR WESTERN NEW YORK SERVICE CENTER.

       Not later than one year after the date of enactment of this 
     Act, the Secretary of Energy shall transmit to the Congress a 
     plan for the transfer to the Secretary of title to, and full 
     responsibility for the possession, transportation, disposal, 
     stewardship, maintenance, and monitoring of, all facilities, 
     property, and radioactive waste at the Western New York 
     Service Center in West Valley, New York. The Secretary shall 
     consult with the President of the New York State Energy 
     Research and Development Authority in developing such plan.
                                 ______
                                 
  SA 1394. Mr. BINGAMAN (for himself and Mr. Domenici) proposed an 
amendment to the bill S. 14, to enhance the energy security of the 
United States, and for other purposes; as follows:

       ]Strike the text starting on page 43, line 19, through page 
     49, line 19, and insert the following:

     ``SEC. 112. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA.

       ``(a) Short Title.--This section may be cited as the 
     `National Geological and Geophysical Data Preservation 
     Program Act of 2003.'
       ``(b) Program.--The Secretary of the Interior shall carry 
     out a National Geological and Geophysical Data Preservation 
     Program in accordance with this section--
       ``(1) to archive geologic, geophysical, and engineering 
     data, maps, well logs, and samples;
       ``(2) to provide a national catalog of such archival 
     material; and
       ``(3) to provide technical and financial assistance related 
     to the archival material.
       ``(c) Plan.--Within 1 year after the date of the enactment 
     of this section, the Secretary shall develop and submit to 
     the Committee on Resources of the House of Representatives 
     and the Committee on Energy and Natural Resources of the 
     Senate a plan for the implementation of the Program.
       ``(d) Data Archive System.--
       ``(1) Establishment.--The Secretary shall establish, as a 
     component of the Program, a data archive system, which shall 
     provide for the storage, preservation, and archiving of 
     subsurface, surface, geological, geophysical and engineering 
     data and samples. The Secretary, in consultation with the 
     Advisory Committee, shall develop guidelines relating to the 
     data archive system, including the types of data and samples 
     to be preserved.
       ``(2) System components.--The system shall be comprised of 
     State agencies which elect to be part of the system and 
     agencies within the Department of the Interior that maintain 
     geological and geophysical data and samples that are 
     designated by the Secretary in accordance with this 
     subsection. The Program shall provide for the storage of data 
     and samples through data repositories operated by such 
     agencies.
       ``(3) Limitation of designation.--The Secretary may not 
     designate a State agency as a component of the data archive 
     system unless it is the agency that acts as the geological 
     survey in the State.
       ``(4) Data from federal lands.--The data archive system 
     shall provide for the archiving of relevant subsurface data 
     and samples obtained from Federal lands--
       ``(A) in the most appropriate repository designated under 
     paragraph (2), with preference being given to archiving data 
     in the State in which the data was collected; and
       ``(B) consistent with all applicable law and requirements 
     relating to confidentiality and proprietary data.
       ``(e) National Catalog.--
       ``(1) In general.--As soon as practicable after the date of 
     the enactment of this section, the Secretary shall develop 
     and maintain, as a component of the program, a national 
     catalog that identifies--
       ``(A) data and samples available in the data archive system 
     established under subsection (d);
       ``(B) the repository for particular material in such 
     system; and
       ``(C) the means of accessing the material.
       ``(2) Availability.--The Secretary shall make the national 
     catalog accessible to the public on the site of the Survey on 
     the World Wide Web, consistent with all applicable 
     requirements related to confidentiality and proprietary data.
       ``(f) Advisory Committee.--
       ``(1) In general.--The Advisory Committee shall advise the 
     Secretary on planning and implementation of the Program.
       ``(2) New duties.--In addition to its duties under the 
     National Geologic Mapping Act of 1992 (43 U.S.C. 31a et 
     seq.), the Advisory Committee shall perform the following 
     duties.
       ``(A) Advise the Secretary on developing guidelines and 
     procedures for providing assistance for facilities in 
     subsection (g)(1).
       ``(B) Review and critique the draft implementation plan 
     prepared by the Secretary pursuant to subsection (c).
       ``(C) Identify useful studies of data archived under the 
     Program that will advance understanding of the Nation's 
     energy and mineral resources, geologic hazards, and 
     engineering geology.
       ``(D) Review the progress of the Program in archiving 
     significant data and preventing the loss of such data, and 
     the scientific progress of the studies funded under the 
     Program.
       ``(E) Include in the annual report to the Secretary 
     required under section 5(b)(3) of the National Geologic 
     Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation of 
     the progress of the Program toward fulfilling the purposes of 
     the Program under subsection (b).
       ``(g) Financial Assistance.--
       ``(1) Archive facilities.--Subject to the availability of 
     appropriations, the Secretary shall provide financial 
     assistance to a State agency that is designated under 
     subsection (d)(2), for providing facilities to archive energy 
     material.
       ``(2) Studies and technical assistance.--Subject to the 
     availability of appropriations, the Secretary shall provide 
     financial assistance to any State agency designated under 
     subsection (d)(2) for studies and technical assistance 
     activities that enhance understanding, interpretation, and 
     use of materials archived in the data archive system 
     established under subsection (d).
       ``(3) Federal share.--The Federal share of the cost of an 
     activity carried out with assistance under this subsection 
     shall be no more than 50 percent of the total cost of that 
     activity.
       ``(4) Private contributions.--The Secretary shall apply to 
     the non-Federal share of the cost of an activity carried out 
     with assistance under this subsection the value of private 
     contributions of property and services used for that 
     activity.
       ``(h) Report.--The Secretary shall include in each report 
     under section 8 of the National Geologic Mapping Act of 1992 
     (43 U.S.C. 31g)--
       ``(1) a description of the status of the Program;
       ``(2) an evaluation of the progress achieved in developing 
     the Program during the period covered by the report; and
       ``(3) any recommendations for legislative or other action 
     the Secretary considers necessary and appropriate to fulfill 
     the purposes of the Program under subsection (b).
       ``(i) Definitions.--As used in this section:
       ``(1) Advisory committee.--The term ``Advisory Committee'' 
     means the advisory committee established under section 5 of 
     the National Geologic Mapping Act of 1992 (43 U.S.C. 31d).
       ``(2) Secretary.--The term ``Secretary'' means the 
     Secretary of the Interior acting through the Director of the 
     United States Geological Survey.
       ``(3) Program.--The term ``Program'' means the National 
     Geological and Geophysical Data Preservation Program carried 
     out under this section.
       ``(4) Survey.--The term ``Survey'' means the United States 
     Geological Survey.
       ``(j) Maintenance of State Effort.--It is the intent of the 
     Congress that the States not use this section as an 
     opportunity to reduce State resources applied to the 
     activities that are the subject of the Program.
       ``(k) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $30,000,000 for each of 
     fiscal years 2004 through 2008 for carrying out this 
     section.''
                                 ______
                                 
  SA 1395. Mr. BINGAMAN (for Mr. Lautenberg) proposed an amendment to 
the bill S. 14, to enhance the energy

[[Page S9980]]

security of the United States, and for other purposes; as follows:

       On page 150, line 24, strike ``(tidal and thermal)'' and 
     insert ``(wave, tidal, current, and thermal)''.
       On page 156, line 4, strike ``(tidal and thermal)'' and 
     insert ``(wave, tidal, current, and thermal)''.
                                 ______
                                 
  SA 1396. Mr. DOMENICI proposed an amendment to the bill S. 14, to 
enhance the energy security of the United States, and for other 
purposes, as follows:

       On page 90, line 24, strike ``2003 through 2011'' and 
     insert ``2004 through 2012''.
                                 ______
                                 
  SA 1397. Mr. DOMENICI (for himself and Ms. Murkowski) proposed an 
amendment to the bill S. 14, to enhance the energy security of the 
United States, and for other purposes; as follows:

       On page 40, beginning with line 13, strike all through line 
     20 and insert:
       ``(4) For purposes of this subsection, calculations of 
     payments shall be made using qualified Outer Continental 
     Shelf revenues received during the previous fiscal year.
                                 ______
                                 
  SA 1398. Mr. DOMENICI proposed an amendment to the bill S. 14, to 
enhance the energy security of the United States, and for other 
purposes; as follows:

       On page 40, strike line 5 and all that follows through line 
     12, and insert: ``shall not disburse such an amount until the 
     final resolution of any appeal regarding the disapproval of a 
     plan submitted under this section or so long as the Secretary 
     determines that such State is making a good faith effort to 
     develop and submit, or update, a Coastal Impact Assistance 
     Plan.''.
                                 ______
                                 
  SA 1399. Mr. DOMENICI proposed an amendment to the bill S. 14, to 
enhance the energy security of the United States, and for other 
purposes; as follows:

       On page 286, strike line 10 and all that follows through 
     page 287, line 21, and insert:

     ``SEC. 814. HYDROGEN DEMONSTRATION PROGRAMS IN NATIONAL 
                   PARKS.

       ``(a) Study.--Not later than 1 year after the date of 
     enactment of this section, the Secretary of the Interior and 
     the Secretary of Energy shall jointly study and report to 
     Congress on--
       ``(1) the energy needs and uses in units of the National 
     Park System; and
       ``(2) the potential for fuel cell and other hydrogen-based 
     technologies to meet such energy needs in--
       ``(A) stationary applications, including power generation, 
     combined heat and power for buildings and campsites, and 
     standby and backup power systems; and
       ``(B) transportation-related applications, including 
     support vehicles, passenger vehicles and heavy-duty trucks 
     and buses.
       ``(b) Pilot Projects.--Based on the results of the study, 
     the Secretary of the Interior shall fund not fewer than 3 
     pilot projects in units of the National Park System for 
     demonstration of fuel cells or other hydrogen-based 
     technologies in those applications where the greatest 
     potential for such use has been identified. Such pilot 
     projects shall be geographically distributed throughout the 
     United States.
       ``(c) Authorization of Appropriations.--For purposes of 
     this section, there are authorized to be appropriated to the 
     Secretary of the Interior $1,000,000 for fiscal year 2004, 
     and $15,000,000 for fiscal year 2005, to remain available 
     until expended.''.
                                 ______
                                 
  SA 1400. Mr. DOMENICI proposed an amendment to the bill S. 14, to 
enhance the energy security of the United States, and for other 
purposes; as follows:

       On page 305, line 23, strike the word ``basic''.
                                 ______
                                 
  SA 1401. Mr. BINGAMAN (for Ms. Landrieu) proposed an amendment to the 
bill S. 14, to enhance the energy security of the United States, and 
for other purposes; as follows:

       On page 37, line 23, ``year. Where'' and insert ``year, 
     except that where''.
                                 ______
                                 
  SA 1402. Mr. FEINGOLD (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill S. 14, to enhance 
the energy security of the United States, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 465, between lines 10 and 11, insert the following:

     SEC. 1175. AFFILIATE TRANSACTIONS.

       Section 204 of the Federal Power Act (16 U.S.C. 824c) is 
     amended by adding at the end the following:
       ``(i) Transactions With Affiliates and Associated 
     Companies.--
       ``(1) Definitions.--In this subsection, the terms 
     `affiliate', `associate company', and `public utility' have 
     the meanings given the terms in section 1151 of the Energy 
     Policy Act of 2003.
       ``(2) Regulations.--
       ``(A) In general.--The Commission shall promulgate 
     regulations that shall apply in the case of a transaction 
     between a public utility and an affiliate or associate 
     company of the public utility.
       ``(B) Contents.--At a minimum, the regulations under 
     subparagraph (A) shall require, with respect to a transaction 
     between a public utility and an affiliate or associate 
     company of the public utility, that--
       ``(i) the affiliate or associate company shall be an 
     independent, separate, and distinct entity from the public 
     utility;
       ``(ii) the affiliate or associate company shall maintain 
     separate books, accounts, memoranda, and other records and 
     shall prepare separate financial statements;
       ``(iii)(I) the public utility shall conduct the transaction 
     in a manner that is consistent with transactions among 
     nonaffiliated and nonassociated companies; and
       ``(II) shall not use its status as a monopoly franchise to 
     confer on the affiliate or associate company any unfair 
     competitive advantage;
       ``(iv) the public utility shall not declare or pay any 
     dividend on any security of the public utility in 
     contravention of such rules as the Commission considers 
     appropriate to protect the financial integrity of the public 
     utility;
       ``(v) the public utility shall have at least 1 independent 
     director on its board of directors;
       ``(vi) the affiliate or associate company shall not acquire 
     any loan, loan guarantee, or other indebtedness, and shall 
     not structure its governance, in a manner that would permit 
     creditors to have recourse against the assets of the public 
     utility; and
       ``(vii) the public utility shall not--

       ``(I) commingle any assets or liabilities of the public 
     utility with any assets or liabilities of the affiliate or 
     associate company; or
       ``(II) pledge or encumber any assets of the public utility 
     on behalf of the affiliate or associate company;

       ``(viii)(I) the public utility shall not cross-subsidize or 
     shift costs from the affiliate or associate company to the 
     public utility; and
       ``(II) the public utility shall disclose and fully value, 
     at the market value or other value specified by the 
     Commission, any assets or services by the public utility 
     that, directly or indirectly, are transferred to, or 
     otherwise provided for the benefit of, the affiliate or 
     associate company, in a manner that is consistent with 
     transfers among nonaffiliated and nonassociated companies; 
     and
       ``(ix) electricity and natural gas consumers and investors 
     shall be protected against the financial risks of public 
     utility diversification and transactions with and among 
     affiliates and associate companies.
       ``(3) No preemption.--This subsection does not preclude or 
     deny the right of any State or political subdivision of a 
     State to adopt and enforce standards for the corporate and 
     financial separation of public utilities that are more 
     stringent that those provided under the regulations under 
     paragraph (2).
       ``(4) Prohibition.--It shall be unlawful for a public 
     utility to enter into or take any step in the performance of 
     any transaction with any affiliate or associate company in 
     violation of the regulations under paragraph (2).''.

                          ____________________