[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Pages 2952-2957]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2995. Mr. CRAIG (for himself, Ms. Landrieu, Mr. Murkowski, Mr. 
Domenici, and Mr. Thurmond) proposed an amendment to amendment SA 2917 
proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 
517) to authorize funding the Department of Energy to enhance its 
mission areas through technology transfer and partnerships for fiscal 
years 2002 through 2006, and for other purposes; as follows:

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

     SEC.   . NUCLEAR POWER 2010.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (2) Office.--The term ``Office'' means the Office of 
     Nuclear Energy Science and Technology of the Department of 
     Energy.
       (3) Director.--The term ``Director'' means the Director of 
     the Office of Nuclear Energy Science and Technology of the 
     Department of Energy.
       (4) Program.--The term ``Program'' means the Nuclear Power 
     2010 Program.
       (b) Establishment.--The Secretary shall carry out a 
     program, to be managed by the Director.
       (c) Purpose.--The program shall aggressively pursue those 
     activities that will result in regulatory approvals and 
     design completion in a phased approach, with joint 
     government/industry cost sharing, which would allow for the 
     construction and startup of new nuclear plants in the United 
     States by 2010.
       (d) Activities.--In carrying out the program, the Director 
     shall--
       (1) issue a solicitation to industry seeking proposals from 
     joint venture project teams comprised of reactor vendors and 
     power generation companies to participate in the Nuclear 
     Power 2010 program;
       (2) seek innovative business arrangements, such as 
     consortia among designers, constructors, nuclear steam supply 
     systems and major equipment suppliers, and plant owner/
     operators, with strong and common incentives to build and 
     operate new plants in the United States;
       (3) conduct the Nuclear Power 2010 program consistent with 
     the findings of A Roadmap to Deploy New Nuclear Power Plants 
     in the United States by 2010 issued by the Near-Term 
     Deployment Working Group of the Nuclear Energy Research 
     Advisory Committee of the Department of Energy;
       (4) rely upon the expertise and capabilities of the 
     Department of Energy national laboratories and sites in the 
     areas of advanced nuclear fuel cycles and fuels testing, 
     giving consideration to existing lead laboratory designations 
     and the unique capabilities and facilities available at each 
     national laboratory and site;
       (5) pursue deployment of both water-cooled and gas-cooled 
     reactor designs on a dual track basis that will provide 
     maximum potential for the success of both;
       (6) include participation of international collaborators in 
     research and design efforts where beneficial; and
       (7) seek to accomplish the essential regulatory and 
     technical work, both generic and design-specific, to make 
     possible new nuclear plants within this decade.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out the purposes 
     of this section such sums as are necessary for fiscal year 
     2003 and for each fiscal year thereafter.
                                  ____

  SA 2996. Mr. MURKOWSKI (for himself and Mr. Daschle) proposed an 
amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and 
Mr. Bingaman) to the bill (S. 517) to authorize funding the Department 
of Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       At the appropriate place insert the following:

            TITLE  --RURAL AND REMOTE COMMUNITY FAIRNESS ACT

       Sec.  01.--This Title may be cited as the ``The Rural and 
     Remote Community Fairness Act.''.

    Subtitle A--Rural and Remote Community Development Block Grants

       Sec.  02.--The Housing and Community Development Act of 
     1974 (Public Law 93-383) is amended by inserting at the end 
     the following new title:

    ``TITLE IX--RURAL AND REMOTE COMMUNITY DEVELOPMENT BLOCK GRANTS

       ``Sec. 901.(a) Findings.--The Congress finds and declares 
     that--
       ``(1) a modern infrastructure, including energy-efficient 
     housing, electricity, telecommunications, bulk fuel, waste 
     water and potable water service, is a necessary ingredient of 
     a modern society and development of a prosperous economy;
       ``(2) the Nation's rural and remote communities face 
     critical social, economic and environmental problems, arising 
     in significant measure from the high cost of infrastructure 
     development in sparsely populated and remote areas, that are 
     not adequately addressed by existing Federal assistance 
     programs;

[[Page 2953]]

       ``(3) in the past, Federal assistance has been instrumental 
     in establishing electric and other utility service in many 
     developing regions of the Nations, and that Federal 
     assistance continues to be appropriate to ensure that 
     electric and other utility systems in rural areas conform 
     with modern standards of safety, reliability, efficiency and 
     environmental protection; and
       ``(4) the future welfare of the Nation and the well-being 
     of its citizens depend on the establishment and maintenance 
     of viable rural and remote communities as social, economic 
     and political entities.
       ``(b) Purpose.--The purpose of this title is the 
     development and maintenance of viable rural and remote 
     communities through the provision of efficient housing, and 
     reasonably priced and environmentally sound energy, water, 
     waste water, and bulk fuel, telecommunications and utility 
     services to those communities that do not have those services 
     or who currently bear costs of those services that are 
     significantly above the national average.
       ``Sec. 902. Definitions.--As used in this title:
       ``(a) The term `unit of general local government' means any 
     city, county, town, township, parish, village, borough 
     (organized or unorganized) or other general purpose political 
     subdivision of a State, Guam, the Commonwealth of the 
     Northern Mariana Islands, Puerto Rico, the Republic of the 
     Marshall Islands, the Federated States of Micronesia, the 
     Republic of Palau, the Virgin Islands, and American Samoa, a 
     combination of such political subdivisions that is recognized 
     by the Secretary, and the District of Columbia; or any other 
     appropriate organization of citizens of a rural and remote 
     community that the Secretary may identify.
       ``(b) The term `population' means total resident population 
     based on data compiled by the United States Bureau of the 
     Census and referable to the same point or period in time.
       ``(c) The term `Native American group' means any Indian 
     tribe, band group, and nation, including Alaska Indians, 
     Aleuts, and Eskimos, and any Alaskan Native Village, of the 
     United States, which is considered an eligible recipient 
     under the Indian Self Determination and Education Assistance 
     Act (Public Law 93-638) or was considered an eligible 
     recipient under chapter 67 of title 31, United States Code, 
     prior to the repeal of such chapter.
       ``(d) The term `Secretary' means the Secretary of Housing 
     and Urban Development.
       ``(e) The term `rural and remote community' means a unit of 
     local general government or Native American group which is 
     served by an electric utility that has 10,000 or less 
     customers with an average retail cost per kilowatt hour of 
     electricity that is equal to or greater than 150 percent of 
     the average retail cost per kilowatt hour of electricity for 
     all consumers in the United States, as determined by data 
     provided by the Energy Information Administration of the 
     Department of Energy.
       ``(f) The term `alternative energy sources' includes non-
     traditional means of providing electrical energy, including, 
     but not limited to, wind, solar, biomass, municipal solid 
     waste, hydroelectric, geothermal and tidal power.
       ``(g) The term `average retail cost per kilowatt hour of 
     electricity' has the same meaning as `average revenue per 
     kilowatt hour of electricity' as defined by the Energy 
     Information Administration of the Department of Energy.
       ``Sec. 903. Authorizations.--The Secretary is authorized to 
     make grants to rural and remote communities to carry out 
     activities in accordance with the provisions of the title. 
     For purposes of assistance under section 906, there are 
     authorized to be appropriated $100,000,000 for each of fiscal 
     years 2003 through 2009.
       ``Sec. 904. Statement of Activities and Review.
       ``(a) Prior to the receipt in any fiscal year of a grant 
     under section 906 by any rural and remote community, the 
     grantee shall have prepared and submitted to the Secretary a 
     final statement of rural and remote community development 
     objectives and projected use of funds.
       ``(b) In order to permit public examination and appraisal 
     of such statements, to enhance the public accountability of 
     grantees, and to facilitate coordination of activities with 
     different levels of government, the grantee shall in a timely 
     manner--
       ``(1) furnish citizens information concerning the amount of 
     funds available for rural and remote community development 
     activities and the range of activities that may be 
     undertaken;
       ``(2) publish a proposed statement in such manner to afford 
     affected citizens an opportunity to examine its content and 
     to submit comments on the proposed statement and on the 
     community development performance of the grantee;
       ``(3) provide citizens with reasonable access to records 
     regarding the past use of funds received under section 906 by 
     the grantee; and
       ``(4) provide citizens with reasonable notice of, and 
     opportunity to comment on, any substantial change proposed to 
     be made in the use of funds received under section 906 from 
     one eligible activity to another.

     ``The final statement shall be made available to the public, 
     and a copy shall be furnished to the Secretary. Any final 
     statement of activities may be modified or amended from time 
     to time by the grantee in accordance with the same. 
     Procedures required in this paragraph for the preparation and 
     submission of such statement.
       ``(c) Each grantee shall submit to the Secretary, at a time 
     determined by the Secretary, a performance and evaluation 
     report, concerning the use of funds made available under 
     section 906, together with an assessment by the grantee of 
     the relationship of such use to the objectives identified in 
     the grantee's statement under subsection (a) and to the 
     requirements of subsection (b). The grantee's report shall 
     indicate its programmatic accomplishments, the nature of and 
     reasons for any changes in the grantee's program objectives, 
     and indications of how the grantee would change its programs 
     as a result of its experiences.
       ``(d) Any rural and remote community may retain any program 
     income that is realized from any grant made by the secretary 
     under section 906 if (1) such income was realized after the 
     initial disbursement of the funds received by such unit of 
     general local government under such section; and (2) such 
     unit of general local government has agreed that it will 
     utilize the program income for eligible rural and remote 
     community development activities in accordance with the 
     provisions of this title; except that the Secretary may by 
     regulation, exclude from consideration as program income any 
     amounts determined to be so small that compliance with the 
     subsection creates an unreasonable administrative burden on 
     the rural and remote community.
       ``Sec. 905. Eligible Activities.
       ``(a) Eligible activities assisted under this title may 
     include only--
       ``(1) weatherization and other cost-effective energy-
     related repairs of homes and other buildings;
       ``(2) the acquisition, construction, repair, 
     reconstruction, or installation of reliable and cost-
     efficient facilities for the generation, transmission or 
     distribution of electricity, and telecommunications, for 
     consumption in a rural and remote community or communities;
       ``(3) the acquisition, construction, repair, 
     reconstruction, remediation or installation of facilities for 
     the safe storage and efficient management of bulk fuel by 
     rural and remote communities, and facilities for the 
     distribution of such fuel to consumers in a rural or remote 
     communities;
       ``(4) facilities and training to reduce costs of 
     maintaining and operating generation, distribution or 
     transmission systems to a rural and remote community or 
     communities;
       ``(5) the institution of professional management and 
     maintenance services for electricity generation transmission 
     or distribution to a rural and remote community or 
     communities;
       ``(6) the investigation of the feasibility of alternate 
     energy sources for a rural and remote community or 
     communities;
       ``(7) acquisition, construction, repair, reconstruction, 
     operation, maintenance, or installation of facilities for 
     water or waste water service;
       ``(8) the acquisition of disposition of real property 
     (including air rights, water rights, and other interests 
     therein) for eligible rural and remote community development 
     activities; and
       ``(9) activities necessary to develop and implement a 
     comprehensive rural and remote development plan, including 
     payment of reasonable administrative costs related to 
     planning and execution of rural and remote community 
     development activities.
       ``(b) eligible activities may be undertaken either directly 
     by the rural and remote community, or by the rural and remote 
     community through local electric utilities.
       ``Sec. 906. Allocation and Distribution of Funds.--For each 
     fiscal year, of the amount approved in an appropriation act 
     under section 903 for grants in any year, the Secretary shall 
     distribute to each rural and remote community which has filed 
     a final statement of rural and remote community development 
     objectives and projected use of funds under section 904, an 
     amount which shall be allocated among the rural and remote 
     communities that filed a final statement of rural and remote 
     community development objectives and projected use of funds 
     under section 904 proportionate to the percentage that the 
     average retail price per kilowatt hour of electricity for all 
     classes of consumers in the rural and remote community 
     exceeds the national average retail price per kilowatt hour 
     for electricity for all consumers in the United States, as 
     determined by data provided by the Department of Energy's 
     Energy Information Administration. In allocating funds under 
     this section, the Secretary shall give special consideration 
     to those rural and remote communities that increase economies 
     of scale through consolidation of services, affiliation and 
     regionalization of eligible activities under this title.
       Sec. 907. Remendies for Noncompliance.--The provisions of 
     section 111 of the Housing and Community Development Act of 
     1974 shall apply to assistance distributed under this 
     title.''.

[[Page 2954]]



     Subtitle B--Rural and Remote Community Electrification Grants

       Sec.  04.--After section 313(b) of the rural 
     Electrification Act of 1936, add the following new 
     subsection:
       ``(c) Rural and Remote Community Electrification Grants.--
     The Secretary is authorized to provide grants to eligible 
     borrowers under this Act for the purpose of increasing energy 
     efficiency, lowering or stabilizing electric rates to end 
     users, or providing or modernizing electric facilities in 
     rural and remote communities.
       ``(d) For purposes of subsection (c), there is authorized 
     to be appropriated $20,000,000 for each of fiscal years 2003-
     2009.''.
       Sec.  06.--There is hereby authorized to be appropriated 
     $5,000,000 for each of fiscal years 2003-2009 to the Denali 
     commission established by Public Law 105-227, 42 U.S.C. 3121 
     for the purposes of funding the power cost equalization 
     program.

     Subtitle C--Rural Recovery Community Development Block Grants

       Sec.  07.--The Housing and Community Development Act of 
     1974 (42 U.S.C. 5301 et seq.) is amended by adding at the end 
     the following:

     ``SEC. 123. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK 
                   GRANTS.

       ``(a) Findings; Purpose.--
       ``(1) Findings.--Congress finds that--
       ``(A) a modern infrastructure, including affordable 
     housing, wastewater and water service, and advanced 
     technology capabilities is a necessary ingredient of a modern 
     society and development of a prosperous economy with minimal 
     environmental impacts;
       ``(B) the Nation's rural areas face critical social, 
     economic, and environmental problems, arising in significant 
     measure from the growing cost of infrastructure development 
     in rural areas that suffer from low per capita income and 
     high rates of outmigration and are not adequately addressed 
     by existing Federal assistance programs; and
       ``(C) the future welfare of the National and the well-being 
     of its citizens depend on the establishment and maintenance 
     of viable rural areas as social, economic, and political 
     entities.
       ``(2) Purpose.--The purpose of this section is to provide 
     for the development and maintenance of viable rural areas 
     through the provision of affordable housing and community 
     development assistance to eligible units of general local 
     government and eligible Native American groups in rural areas 
     with excessively high rates of outmigration and low per 
     capita income levels.
       ``(b) Definitions.--In this section:
       ``(1) Eligible unit of general local government.--The term 
     `eligible unit of general local government' means a unit of 
     general local government that is the governing body of a 
     rural recovery area.
       ``(2) Eligible indian tribe.--The term `eligible Indian 
     tribe' means the governing body of an Indian tribe that is 
     located in a rural recovery area.
       ``(3) Grantee.--The term `grantee' means an eligible unit 
     of general local government or eligible Indian tribe that 
     receives a grant under this section.
       ``(4) Native American group.--The term `Native American 
     group' means any Indian tribe, band, group, and nation, 
     including Alaska Indians, Aleuts, and Eskimos, and any 
     Alaskan Native Village, of the United States, which is 
     considered an eligible recipient under the Indian Self-
     Determination and Education Assistance Act (Public Law 93-
     638) or was considered an eligible recipient under chapter 67 
     of title 31, United States Code, prior to the repeal of such 
     chapter.
       ``(5) Rural recovery area.--The term `rural recovery area' 
     means any geographic area represented by a unit of general 
     local government or a Native American group--
       ``(A) the borders of which are not adjacent to a 
     metropolitan area;
       ``(B) in which--
       ``(i) the population outmigration level equals or exceeds 1 
     percent over the most recent five year period, as determined 
     by the Secretary of Housing and Urban Development; and,
       ``(ii) the per capita income is less than that of the 
     national nonmetropolitan average; and
       ``(C) that does not include a city with a population of 
     more than 15,000.
       ``(6) Unit of general local government.--
       ``(A) In general.--The term `unit of general local 
     government' means any city, county, town, township, parish, 
     village, borough (organized or unorganized), or other general 
     purpose political subdivision of a State; Guam, the 
     Commonwealth of the Northern Mariana Islands, the Virgin 
     Islands, Puerto Rico, and American Samoa, or a general 
     purpose political subdivision thereof; a combination of such 
     political subdivisions that, except as provided in section 
     106(d)(4), is recognized by the Secretary; and the District 
     of Columbia.
       ``(B) Other entities included.--The term also includes a 
     State or a local public body or agency (as defined in section 
     711 of the Housing and Urban Development Act of 1970), 
     community association, or other entity, that is approved by 
     the Secretary for the purpose of providing public facilities 
     or services to a new community as part of a program meeting 
     the eligibility standards of section 712 of the Housing and 
     Urban Development Act of 1970 or title IV of the Housing and 
     Urban Development Act of 1968.
       ``(c) Grant Authority.--The Secretary may make grants in 
     accordance with this section to eligible units of general 
     local government, Native American groups and eligible Indian 
     tribes that meet the requirements of subsection (d) to carry 
     out eligible activities described in subsection (f).
       ``(d) Eligibility Requirements.--
       ``(1) Statement of rural development objectives.--In order 
     to receive a grant under this section for a fiscal year, an 
     eligible unit of general local government, Native American 
     group or eligible Indian tribe--
       ``(A) shall--
       ``(i) publish a proposed statement of rural development 
     objectives and a description of the proposed eligible 
     activities described in subsection (f) for which the grant 
     will be used; and
       ``(ii) afford residents of the rural recovery area served 
     by the eligible unit of general local government, Native 
     American groups or eligible Indian tribe with an opportunity 
     to examine the contents of the proposed statement and the 
     proposed eligible activities published under clause (i), and 
     to submit comments to the eligible unit of general local 
     government, Native American group or eligible Indian tribe, 
     as applicable, on the proposed statement and the proposed 
     eligible activities, and the overall community development 
     performance of the eligible unit of general local government, 
     Native American groups or eligible Indian tribe, as 
     applicable; and
       ``(B) based on any comments received under subparagraph 
     (A)(ii), prepare and submit to the Secretary--
       ``(i) a final statement of rural development objectives;
       ``(ii) a description of the eligible activities described 
     in subsection (f) for which a grant received under this 
     section will be used; and
       ``(iii) a certification that the eligible unit of general 
     local government, Native American groups or eligible Indian 
     tribe, as applicable, will comply with the requirements of 
     paragraph (2).
       ``(2) Public notice and comment.--In order to enhance 
     public accountability and facilitate the coordination of 
     activities among different levels of government, an eligible 
     unit of general local government, Native American groups or 
     eligible Indian tribe that receives a grant under this 
     section shall, as soon as practicable after such receipt, 
     provide the residents of the rural recovery area served by 
     the eligible unit of general local government, Native 
     American groups or eligible Indian tribe, as applicable, 
     with--
       ``(A) a copy of the final statement submitted under 
     paragraph (1)(B);
       ``(B) information concerning the amount made available 
     under this section and the eligible activities to be 
     undertaken with that amount;
       ``(C) reasonable access to records regarding the use of any 
     amounts received by the eligible unit of general local 
     government, Native American groups or eligible Indian tribe 
     under this section in any preceding fiscal year; and
       ``(D) reasonable notice of, and opportunity to comment on, 
     any substantial change proposed to be made in the use of 
     amounts received under this section from one eligible 
     activity to another.
       ``(e) Distribution of Grants.--
       ``(1) In general.--In each fiscal year, the Secretary shall 
     distribute to each eligible unit of general local government, 
     Native American groups and eligible Indian tribe that meets 
     the requirements of subsection (d)(1) a grant in an amount 
     described in paragraph (2).
       ``(2) Amount.--Of the total amount made available to carry 
     out this section in each fiscal year, the Secretary shall 
     distribute to each grantee the amount equal to the greater 
     of--
       ``(A) the pro rata share of the grantee, as determined by 
     the Secretary, based on the combined annual population 
     outmigration level (as determined by the Secretary of Housing 
     and Urban Development) and the per capita income for the 
     rural recovery area served by the grantee; or
       ``(B) $200,000.
       ``(f) Eligible Activities.--Each grantee shall use amounts 
     received under this section for one or more of the following 
     eligible activities, which may be undertaken either directly 
     by the grantee, or by any local economic development 
     corporation, regional planning district, nonprofit community 
     development corporation, or statewide development 
     organization authorized by the grantee:
       ``(1) the acquisition, construction, repair, 
     reconstruction, operation, maintenance, or installation of 
     facilities for water and wastewater service or any other 
     infrastructure needs determined to be critical to the further 
     development or improvement of a designated industrial park;
       ``(2) the acquisition or disposition of real property 
     (including air rights, water rights, and other interests 
     therein) for rural community development activities;
       ``(3) the development of telecommunications infrastructure 
     within a designated industrial park that encourages high 
     technology business development in rural areas;
       ``(4) activities necessary to develop and implement a 
     comprehensive rural development plan, including payment of 
     reasonable administrative costs related to planning and 
     execution of rural development activities; or

[[Page 2955]]

       ``(5) affordable housing initiatives.
       ``(g) Performance and Evaluation Report.--
       ``(1) In general.--Each grantee shall annually submit to 
     the Secretary a performance and evaluation report, concerning 
     the use of amounts received under this section.
       ``(21) Contents.--Each report submitted under paragraph (1) 
     shall include a description of--
       ``(A) the eligible activities carried out by the grantee 
     with amounts received under this section, and the degree to 
     which the grantee has achieved the rural development 
     objectives included in the final statement submitted under 
     subsection (d)(1);
       ``(B) the nature of and reasons for any change in the rural 
     development objectives or the eligible activities of the 
     grantee after submission of the final statement under 
     subsection (d)(1); and
       ``(C) any manner in which the grantee would change the 
     rural development objectives of the grantee as a result of 
     the experience of the grantee in administering amounts 
     received under this section.
       ``(h) Retention of Income.--A grantee may retain any income 
     that is realized from the grant, if--
       ``(1) the income was realized after the initial 
     disbursement of amounts to the grantee under this section; 
     and
       ``(2) the--
       ``(A) grantee agrees to utilize the income for 1 or more 
     eligible activities; or
       ``(B) amount of the income is determined by the Secretary 
     to be so small that compliance with subparagraph (A) would 
     create an unreasonable administrative burden on the grantee.
       ``(i) Authorization of Appropriations.--There is authorized 
     to be appropriate to carry out this section $100,000,000 for 
     each of fiscal years 2003 through 2009.''.
                                  ____

  SA 2997. Mr. LEVIN (for himself, Mr. Bond, Ms. Stabenow, and Ms. 
Mikulski) proposed an amendment to amendment SA 2917 proposed by Mr. 
Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to 
authorize funding the Department of Energy to enhance its mission areas 
through technology transfer and partnerships for fiscal years 2002 
through 2006, and for other purposes; as follows:

       In title VIII, strike the heading for subtitle A and all 
     that follows through section 811 and insert the following:

 Subtitle A--CAFE Standards, Alternative Fuels, and Advanced Technology

     SEC. 801. INCREASED FUEL ECONOMY STANDARDS.

       (a) Requirement for New Regulations.--
       (1) In general.--The Secretary of Transportation shall 
     issue, under section 32902 of title 49, United States Code, 
     new regulations setting forth increased average fuel economy 
     standards for automobiles that are determined on the basis of 
     the maximum feasible average fuel economy levels for the 
     automobiles, taking into consideration the matters set forth 
     in subsection (f) of such section.
       (2) Time for issuing regulations.--
       (A) Non-passenger automobiles.--For non-passenger 
     automobiles, the Secretary of Transportation shall issue the 
     final regulations not later than 15 months after the date of 
     the enactment of this Act.
       (B) Passenger automobiles.--For passenger automobiles, the 
     Secretary of Transportation shall issue--
       (i) the proposed regulations not later than 180 days after 
     the date of the enactment of this Act; and
       (ii) the final regulations not later than two years after 
     that date.
       (b) Phased Increases.--The regulations issued pursuant to 
     subsection (a) shall specify standards that take effect 
     successively over several vehicle model years not exceeding 
     15 vehicle model years.
       (c) Clarification of Authority To Amend Passenger 
     Automobile Standard.--Section 32902(b) of title 49, United 
     States Code, is amended by inserting before the period at the 
     end the following: ``or such other number as the Secretary 
     prescribes under subsection (c)''.
       (d) Environmental Assessment.--When issuing final 
     regulations setting forth increased average fuel economy 
     standards under this section, the Secretary of Transportation 
     shall also issue an environmental assessment of the effects 
     of the implementation of the increased standards on the 
     environment under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Transportation for 
     fiscal year 2003, to remain available until expended, 
     $2,000,000 to carry out this section.

     SEC. 802. EXPEDITED PROCEDURES FOR CONGRESSIONAL INCREASE IN 
                   FUEL ECONOMY STANDARDS.

       (a) Condition for Applicability.--If the Secretary of 
     Transportation fails to issue final regulations with respect 
     to non-passenger automobiles under section 801, or fails to 
     issue final regulations with respect to passenger automobiles 
     under such section, on or before the date by which such final 
     regulations are required by such section to be issued, 
     respectively, then this section shall apply with respect to a 
     bill described in subsection (b).
       (b) Bill.--A bill referred to in this subsection is a bill 
     that satisfies the following requirements:
       (1) Introduction.--The bill is introduced by one or more 
     Members of Congress not later than 60 days after the date 
     referred to in subsection (a).
       (2) Title.--The title of the bill is as follows: ``A bill 
     to establish new average fuel economy standards for certain 
     motor vehicles.''.
       (3) Text.--The bill provides after the enacting clause only 
     the text specified in subparagraph (A) or (B) or any 
     provision described in subparagraph (C), as follows:
       (A) Non-passenger automobiles.--In the case of a bill 
     relating to a failure timely to issue final regulations 
     relating to non-passenger automobiles, the following text:

     ``That, section 32902 of title 49, United States Code, is 
     amended by adding at the end the following new subsection:
       ```(_) Non-passenger automobiles.--The average fuel economy 
     standard for non-passenger automobiles manufactured by a 
     manufacturer in a model year after model year __ shall be __ 
     miles per gallon.''', the first blank space being filled in 
     with a subsection designation, the second blank space being 
     filled in with the number of a year, and the third blank 
     space being filled in with a number.
       (B) Passenger automobiles.--In the case of a bill relating 
     to a failure timely to issue final regulations relating to 
     passenger automobiles, the following text:

     ``That, section 32902(b) of title 49, United States Code, is 
     amended to read as follows:
       ```(b) Passenger Automobiles.--Except as provided in this 
     section, the average fuel economy standard for passenger 
     automobiles manufactured by a manufacturer in a model year 
     after model year __ shall be __ miles per gallon.''', the 
     first blank space being filled in with the number of a year 
     and the second blank space being filled in with a number.
       (C) Substitute text.--Any text substituted by an amendment 
     that is in order under subsection (c)(3).
       (c) Expedited Procedures.--A bill described in subsection 
     (b) shall be considered in a House of Congress in accordance 
     with the procedures provided for the consideration of joint 
     resolutions in paragraphs (3) through (8) of section 8066(c) 
     of the Department of Defense Appropriations Act, 1985 (as 
     contained in section 101(h) of Public Law 98-473; 98 Stat. 
     1936), with the following exceptions:
       (1) References to resolution.--The references in such 
     paragraphs to a resolution shall be deemed to refer to the 
     bill described in subsection (b).
       (2) Committees of jurisdiction.--The committees to which 
     the bill is referred under this subsection shall--
       (A) in the Senate, be the Committee on Commerce, Science, 
     and Transportation; and
       (B) in the House of Representatives, be the Committee on 
     Energy and Commerce.
       (3) Amendments.--
       (A) Amendments in order.--Only four amendments to the bill 
     are in order in each House, as follows:
       (i) Two amendments proposed by the majority leader of that 
     House.
       (ii) Two amendments proposed by the minority leader of that 
     House.
       (B) Form and content.--To be in order under subparagraph 
     (A), an amendment shall propose to strike all after the 
     enacting clause and substitute text that only includes the 
     same text as is proposed to be stricken except for one or 
     more different numbers in the text.
       (C) Debate, et cetera.--Subparagraph (B) of section 
     8066(c)(5) of the Department of Defense Appropriations Act, 
     1985 (98 Stat. 1936) shall apply to the consideration of each 
     amendment proposed pursuant to subparagraph (A) of this 
     paragraph in the same manner as such subparagraph (B) applies 
     to debatable motions.

     SEC. 803. REVISED CONSIDERATIONS FOR DECISIONS ON MAXIMUM 
                   FEASIBLE AVERAGE FUEL ECONOMY.

       Section 32902(f) of title 49, United States Code, is 
     amended to read as follows:
       ``(f) Considerations for Decisions on Maximum Feasible 
     Average Fuel Economy.--When deciding maximum feasible average 
     fuel economy under this section, the Secretary of 
     Transportation shall consider the following matters:
       ``(1) Technological feasibility.
       ``(2) Economic practicability.
       ``(3) The effect of other motor vehicle standards of the 
     Government on fuel economy.
       ``(4) The need of the United States to conserve energy.
       ``(5) The desirability of reducing United States dependence 
     on imported oil.
       ``(6) The effects of the average fuel economy standards on 
     motor vehicle and passenger safety.
       ``(7) The effects of increased fuel economy on air quality.
       ``(8) The adverse effects of average fuel economy standards 
     on the relative competitiveness of manufacturers.
       ``(9) The effects of compliance with average fuel economy 
     standards on levels of employment in the United States.

[[Page 2956]]

       ``(10) The cost and lead time necessary for the 
     introduction of the necessary new technologies.
       ``(11) The potential for advanced technology vehicles, such 
     as hybrid and fuel cell vehicles, to contribute to the 
     achievement of significant reductions in fuel consumption.
       ``(12) The extent to which the necessity for vehicle 
     manufacturers to incur near-term costs to comply with the 
     average fuel economy standards adversely affects the 
     availability of resources for the development of advanced 
     technology for the propulsion of motor vehicles.
       ``(13) The report of the National Research Council that is 
     entitled `Effectiveness and Impact of Corporate Average Fuel 
     Economy Standards', issued in January 2002.''.

     SEC. 804. EXTENSION OF MAXIMUM FUEL ECONOMY INCREASE FOR 
                   ALTERNATIVE FUELED VEHICLES.

       Section 32906(a)(1) of title 49, United States Code, is 
     amended--
       (1) in subparagraph (A), by striking ``1993-2004'' and 
     inserting ``1993 through 2008''; and
       (2) in subparagraph (B), by striking ``2005-2008'' and 
     inserting ``2009 through 2012''.

     SEC. 805. PROCUREMENT OF ALTERNATIVE FUELED AND HYBRID LIGHT 
                   DUTY TRUCKS.

       (a) Vehicle Fleets Not Covered by Requirement in Energy 
     Policy Act of 1992.--
       (1) Hybrid vehicles.--The head of each agency of the 
     executive branch shall coordinate with the Administrator of 
     General Services to ensure that only hybrid vehicles are 
     procured by or for each agency fleet of light duty trucks 
     that is not in a fleet of vehicles to which section 303 of 
     the Energy Policy Act of 1992 (42 U.S.C. 13212) applies.
       (2) Waiver authority.--The head of an agency, in 
     consultation with the Administrator, may waive the 
     applicability of the policy regarding the procurement of 
     hybrid vehicles in paragraph (1) to that agency to the extent 
     that the head of that agency determines necessary--
       (A) to meet specific requirements of the agency for 
     capabilities of light duty trucks;
       (B) to procure vehicles consistent with the standards 
     applicable to the procurement of fleet vehicles for the 
     Federal Government;
       (C) to adjust to limitations on the commercial availability 
     of light duty trucks that are hybrid vehicles; or
       (D) to avoid the necessity of procuring a hybrid vehicle 
     for the agency when each of the hybrid vehicles available for 
     meeting the requirements of the agency has a cost to the 
     United States that exceeds the costs of comparable nonhybrid 
     vehicles by a factor that is significantly higher than the 
     difference between--
       (i) the real cost of the hybrid vehicle to retail 
     purchasers, taking into account the benefit of any tax 
     incentives available to retail purchasers for the purchase of 
     the hybrid vehicle; and
       (ii) the costs of the comparable nonhybrid vehicles to 
     retail purchasers.
       (3) Applicability to procurements after fiscal year 2004.--
     This subsection applies with respect to procurements of light 
     duty trucks in fiscal year 2005 and subsequent fiscal years.
       (b) Requirement To Exceed Requirement in Energy Policy Act 
     of 1992.--
       (1) Light duty trucks.--The head of each agency of the 
     executive branch shall coordinate with the Administrator of 
     General Services to ensure that, of the light duty trucks 
     procured in fiscal years after fiscal year 2004 for the 
     fleets of light duty vehicles of the agency to which section 
     303 of the Energy Policy Act of 1992 (42 U.S.C. 13212) 
     applies--
       (A) five percent of the total number of such trucks that 
     are procured in each of fiscal years 2005 and 2006 are 
     alternative fueled vehicles or hybrid vehicles; and
       (B) ten percent of the total number of such trucks that are 
     procured in each fiscal year after fiscal year 2006 are 
     alternative fueled vehicles or hybrid vehicles.
       (2) Counting of trucks.--Light duty trucks acquired for an 
     agency of the executive branch that are counted to comply 
     with section 303 of the Energy Policy Act of 1992 (42 U.S.C. 
     13212) for a fiscal year shall be counted to determine the 
     total number of light duty trucks procured for that agency 
     for that fiscal year for the purposes of paragraph (1), but 
     shall not be counted to satisfy the requirement in that 
     paragraph.
       (c) Definitions.--In this section:
       (1) Hybrid vehicle.--The term ``hybrid vehicle'' means--
       (A) a motor vehicle that draws propulsion energy from 
     onboard sources of stored energy that are both--
       (i) an internal combustion or heat engine using combustible 
     fuel; and
       (ii) a rechargeable energy storage system; and
       (B) any other vehicle that is defined as a hybrid vehicle 
     in regulations prescribed by the Secretary of Energy for the 
     administration of title III of the Energy Policy Act of 1992.
       (2) Alternative fueled vehicle.--The term ``alternative 
     fueled vehicle'' has the meaning given that term in section 
     301 of the Energy Policy Act of 1992 (42 U.S.C. 13211).
       (d) Inapplicability to Department of Defense.--This section 
     does not apply to the Department of Defense, which is subject 
     to comparable requirements under section 318 of the National 
     Defense Authorization Act for Fiscal Year 2002 (Public Law 
     107-107; 115 Stat. 1055; 10 U.S.C. 2302 note).

     SEC. 806. USE OF ALTERNATIVE FUELS.

       (a) Exclusive Use of Alternative Fuels in Dual Fueled 
     Vehicles.--The head of each agency of the executive branch 
     shall coordinate with the Administrator of General Services 
     to ensure that, not later than January 1, 2009, the fuel 
     actually used in the fleet of dual fueled vehicles used by 
     the agency is an alternative fuel.
       (b) Waiver Authority.--
       (1) Capability waiver.--
       (A) Authority.--If the Secretary of Transportation 
     determines that not all of the dual fueled vehicles can 
     operate on alternative fuels at all times, the Secretary may 
     waive the requirement of subsection (a) in part, but only to 
     the extent that--
       (i) not later than January 1, 2009, not less than 50 
     percent of the total annual volume of fuel used in the dual 
     fueled vehicles shall be alternative fuels; and
       (ii) not later than January 1, 2011, not less than 75 
     percent of the total annual volume of fuel used in the dual 
     fueled vehicles shall be alternative fuels.
       (B) Expiration.--In no case may a waiver under subparagraph 
     (A) remain in effect after December 31, 2012.
       (2) Regional fuel availability waiver.--The Secretary may 
     waive the applicability of the requirement of subsection (a) 
     to vehicles used by an agency in a particular geographic area 
     where the alternative fuel otherwise required to be used in 
     the vehicles is not reasonably available to retail purchasers 
     of the fuel, as certified to the Secretary by the head of the 
     agency.
       (c) Definitions.--In this section:
       (1) Alternative fuel.--The term ``alternative fuel'' has 
     the meaning given that term in section 32901(a)(1) of title 
     49, United States Code.
       (2) Dual fueled vehicle.--The term ``dual fueled vehicle'' 
     has the meaning given the term ``dual fueled automobile'' in 
     section 32901(a)(8) of title 49, United States Code.
       (3) Fleet.--The term ``fleet'', with respect to dual fueled 
     vehicles, has the meaning that is given that term with 
     respect to light duty motor vehicles in section 301(9) of the 
     Energy Policy Act of 1992 (42 U.S.C. 13211(9)).

     SEC. 807. HYBRID ELECTRIC AND FUEL CELL VEHICLES.

       (a) Expansion of Scope.--The Secretary of Energy shall 
     expand the research and development program of the Department 
     of Energy on advanced technologies for improving the 
     environmental cleanliness of vehicles to emphasize research 
     and development on the following:
       (1) Fuel cells, including--
       (A) high temperature membranes for fuel cells; and
       (B) fuel cell auxiliary power systems.
       (2) Hydrogen storage.
       (3) Advanced vehicle engine and emission control systems.
       (4) Advanced batteries and power electronics for hybrid 
     vehicles.
       (5) Advanced fuels.
       (6) Advanced materials.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of Energy for fiscal 
     year 2003, the amount of $225,000,000 for carrying out the 
     expanded research and development program provided for under 
     this section.

     SEC. 808. DIESEL FUELED VEHICLES.

       (a) Diesel Combustion and After Treatment Technologies.--
     The Secretary of Energy shall accelerate research and 
     development directed toward the improvement of diesel 
     combustion and after treatment technologies for use in diesel 
     fueled motor vehicles.
       (b) Goal.--
       (1) Compliance with tier 2 emission standards by 2010.--The 
     Secretary shall carry out subsection (a) with a view to 
     developing and demonstrating diesel technology meeting tier 2 
     emission standards not later than 2010.
       (2) Tier 2 emission standards defined.--In this subsection, 
     the term ``tier 2 emission standards'' means the motor 
     vehicle emission standards promulgated by the Administrator 
     of the Environmental Protection Agency on February 10, 2000, 
     under sections 202 and 211 of the Clean Air Act to apply to 
     passenger cars, light trucks, and larger passenger vehicles 
     of model years after the 2003 vehicle model year.

     SEC. 809. FUEL CELL DEMONSTRATION.

       (a) Program Required.--The Secretary of Energy and the 
     Secretary of Defense shall jointly carry out a program to 
     demonstrate--
       (1) fuel cell technologies developed in the PNGV and 
     Freedom Car programs;
       (2) fuel cell technologies developed in research and 
     development programs of the Department of Defense; and
       (3) follow-on fuel cell technologies.
       (b) Purposes of Program.--The purposes of the program are 
     to identify and support technological advances that are 
     necessary to achieve accelerated availability of fuel cell 
     technology for use both for nonmilitary and military 
     purposes.
       (c) Cooperation With Industry.--
       (1) In general.--The demonstration program shall be carried 
     out in cooperation with industry, including the automobile

[[Page 2957]]

     manufacturing industry and the automotive systems and 
     component suppliers industry.
       (2) Cost sharing.--The Secretary of Energy and the 
     Secretary of Defense shall provide for industry to bear, in 
     cash or in kind, at least one-half of the total cost of 
     carrying out the demonstration program.
       (d) Definitions.--In this section:
       (1) PNGV program.--The term ``PNGV program'' means the 
     Partnership for a New Generation of Vehicles, a cooperative 
     program engaged in by the Departments of Commerce, Energy, 
     Transportation, and Defense, the Environmental Protection 
     Agency, the National Science Foundation, and the National 
     Aeronautics and Space Administration with the automotive 
     industry for the purpose of developing a new generation of 
     vehicles with capabilities resulting in significantly 
     improved fuel efficiency together with low emissions without 
     compromising the safety, performance, affordability, or 
     utility of the vehicles.
       (2) Freedom car program.--The term ``Freedom Car program'' 
     means a cooperative research program engaged in by the 
     Department of Energy with the United States Council on 
     Automotive Research as a follow-on to the PNGV program.

     SEC. 810. BUS REPLACEMENT.

       (a) Requirement for Study.--The Secretary of Transportation 
     shall carry out a study to determine how best to provide for 
     converting the composition of the fleets of buses in 
     metropolitan areas and school systems from buses utilizing 
     current diesel technology to--
       (1) buses that draw propulsion from onboard fuel cells;
       (2) buses that are hybrid electric vehicles;
       (3) buses that are fueled by clean-burning fuels, such as 
     renewable fuels (including agriculture-based biodiesel 
     fuels), natural gas, and ultra-low sulphur diesel;
       (4) buses that are powered by clean diesel engines: or
       (5) an assortment of buses described in paragraphs (1), 
     (2), (3), and (4).
       (b) Report.--
       (1) Requirement.--The Secretary of Transportation shall 
     submit a report on the results of the study on bus fleet 
     conversions under subsection (a) to Congress.
       (2) Content.--The report on bus fleet conversions shall 
     include the following:
       (A) An assessment of effectuating conversions by the 
     following means:
       (i) Replacement of buses.
       (ii) Replacement of power and propulsion systems in buses 
     utilizing current diesel technology.
       (iii) Other means.
       (B) Feasible schedules for carrying out the conversions.
       (C) Estimated costs of carrying out the conversions.
       (D) An assessment of the benefits of the conversions in 
     terms of emissions control and reduction of fuel consumption.

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