[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Pages 3084-3091]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2998. Mr. MILLER (for himself, Mr. Gramm, Mr. Hutchinson, Mr. 
Inhofe, Mr. Helms, and Mr. Allen) 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:

       On page 177, before line 1, insert the following:

     SEC. 811. AVERAGE FUEL ECONOMY STANDARDS FOR PICKUP TRUCKS.

       (a) In General.--Section 32902(a) of title 49, United 
     States Code, is amended--
       (1) by inserting ``(1)'' after the after ``Automobiles.--
     ''; and
       (2) by adding at the end the following new paragraph:
       ``(2) The average fuel economy standard for pickup trucks 
     manufactured by a manufacturer in a model year after model 
     year 2004 shall be no higher than 20.7 miles per gallon. No 
     average fuel economy standard prescribed under another 
     provision of this section shall apply to pickup trucks.''.
       (b) Definition of Pickup Truck.--Section 32901(a) of such 
     title is amended by adding at the end the following new 
     paragraph:
       ``(17) `pickup truck' has the meaning given that term in 
     regulations prescribed by the Secretary for the 
     administration of this chapter, as in effect on January 1, 
     2002, except that such term shall also include any additional 
     vehicle that the Secretary defines as a pickup truck in 
     regulations prescribed for the administration of this chapter 
     after such date.''.
                                  ____

  SA 2999. Mr. KERRY (for himself, Mr. McCain, Ms. Snowe, Mr. Smith of 
Oregon, Ms. Collins, and Mr. Chafee) 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:

       Strike subtitle A of title VIII and insert the following:

             Subtitle A--CAFE Standards and Related Matters

            PART I--CORPORATE AVERAGE FUEL ECONOMY STANDARDS

     SEC. 801. AVERAGE FUEL ECONOMY STANDARDS FOR PASSENGER 
                   AUTOMOBILES AND LIGHT TRUCKS.

       (a) Increased Standards.--Section 32902 of title 49, United 
     States Code, is amended--
       (1) by striking ``Non-Passenger Automobiles.--'' in 
     subsection (a) and inserting ``Prescription of Standards by 
     Regulation.--''; and
       (2) by striking ``(except passenger automobiles)'' in 
     subsection (a) and inserting ``(except passenger automobiles 
     and light trucks)'';
       (3) by striking subsection (b) and inserting the following:
       ``(b) Standards for Passenger Automobiles and Light 
     Trucks.--
       ``(1) In general.--The Secretary of Transportation, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe average fuel economy 
     standards for passenger automobiles and light trucks 
     manufactured by a manufacturer in each model year beginning 
     with model year 2007 in order to achieve a combined average 
     fuel economy standard for passenger automobiles and light 
     trucks for model year 2015 of at least 36 miles per gallon.
       ``(2) Intermediate fuel economy standards.--Consistent with 
     the requirements of paragraph (1), the Secretary of 
     Transportation shall, in determining the pacing of fuel 
     economy standards described in paragraph (1), set 
     intermediate standards in a manner that--
       ``(A) encourages introduction and use of advanced 
     technology vehicles, such as hybrid and fuel cell vehicles, 
     to achieve reductions in fuel consumption;
       ``(B) takes into account the effects of increased fuel 
     economy on air quality;
       ``(C) takes into account the effects of compliance with 
     average fuel economy standards on levels of employment in the 
     United States; and
       ``(D) takes into account cost and lead time necessary for 
     the introduction of the necessary new technologies.
       ``(3) Deadline for regulations.--The Secretary shall 
     promulgate the regulations required by paragraph (1) in final 
     form no later than 24 months after the date of enactment of 
     the Energy Policy Act of 2002.
       ``(4) Default standard.--If the regulations required by 
     paragraph (1) are not promulgated in final form within the 
     period required by paragraph (3), then the combined average 
     fuel economy standard for passenger automobiles and light 
     trucks beginning with model year 2011 is 30 miles per gallon. 
     This paragraph does not supersede the standard required by 
     paragraph (1) for model year 2015.'';
       (4) by striking ``the standard'' in subsection (c)(1) and 
     inserting ``a standard'';
       (5) by striking the first and last sentences of subsection 
     (c)(2); and
       (6) by striking ``(and submit the amendment to Congress 
     when required under subsection (c)(2) of this section)'' in 
     subsection (g).
       (b) Definition of Light Trucks.--
       (1) In general.--Section 32901(a) of title 49, United 
     States Code, is amended by adding at the end the following:
       ``(17) `light truck' means a vehicle, as determined by the 
     Secretary by regulation, that--
       ``(A) is manufactured primarily for transporting not more 
     than 10 individuals;
       ``(B) is rated at not more than 10,000 pounds gross vehicle 
     weight;
       ``(C) is not a passenger automobile; and
       ``(D) is not described in paragraph (1) or (4) of the 
     definition of the term `medium-duty passenger vehicle' in 
     section 86.1803-01 of title 40, Code of Federal 
     Regulations.''.
       (2) Deadline for regulations.--The Secretary of 
     Transportation--
       (A) shall issue proposed regulations implementing the 
     amendment made by paragraph (1) not later than 1 year after 
     the date of the enactment of this Act; and
       (B) shall issue final regulations implementing the 
     amendment not later than 18 months after the date of the 
     enactment of this Act.
       (3) Effective date.--Regulations prescribed under paragraph 
     (1) shall apply beginning with model year 2007.
       (c) Applicability of Existing Standards.--This section does 
     not affect the application of section 32902 of title 49, 
     United States Code, to passenger automobiles or non-passenger 
     automobiles manufactured before model year 2007.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation to 
     carry out the provisions of chapter 329 of title 49, United 
     States Code, $25,000,000 for each of fiscal years 2003 
     through 2015.

     SEC. 802. FUEL ECONOMY STANDARD CREDITS.

       (a) In General.--Section 32903 of title 49, United States 
     Code, is amended by striking the second sentence of 
     subsection (a) and inserting ``The credits--
       ``(1) may be applied to any of the 3 model years 
     immediately following the model year for which the credits 
     are earned; or

[[Page 3085]]

       ``(2) transferred to the registry established under section 
     821(a) of the Energy Policy Act of 2002.''.
       (b) Greenhouse Gas Credits Applied to CAFE Standards.--
     Section 32903 of title 49, United States Code, is amended by 
     adding at the end the following:
       ``(g) Greenhouse Gas Credits.
       ``(1) In general.--A manufacturer may apply credits 
     purchased through the registry established by section 821(a) 
     of the Energy Policy Act of 2002 toward any model year after 
     model year 2006 under subsection (d), subsection (e), or 
     both.
       ``(2) Limitation.--A manufacturer may not use credits 
     purchased through the registry to offset more than the 
     following percentages of the fuel economy standard applicable 
     to any model year:
       ``(A) 2 percent for model year 2007.
       ``(B) 4 percent for model year 2008.
       ``(C) 6 percent for model year 2009.
       ``(D) 8 percent for model year 2010.
       ``(E) 10 percent for model year 2011 and thereafter.''.
       (c) No Carryback of Credits.--Section 32903(a) of title 49, 
     United States Code, is amended--
       (1) by striking ``applied to--'' and inserting ``applied--
     '';
       (2) by inserting ``for model years before model year 2007, 
     to'' in paragraph (1) before ``any'';
       (3) by striking ``and'' after the semicolon is paragraph 
     (1);
       (4) by striking ``earned.'' in paragraph (2) and inserting 
     ``earned; and ''; and
       (5) by adding at the end the following:
       ``(3) for model years after 2006, in accordance with the 
     vehicle credit trading system established under subsection 
     (g), to any of the 3 consecutive model years immediately 
     after the model year for which the credit was earned.''.

     SEC. 803. STUDY OF TIER 2 STANDARDS.

       (a) Study.--Not later than 6 months after the date of 
     enactment of this Act, the Administrator of the Environmental 
     Protection Agency shall, in consultation with the Secretary 
     of Energy and the Secretary of Transportation, commence a 
     study to analyze the regulations regarding motor vehicle 
     emission standards and gasoline sulfur control requirements 
     promulgated on May 13, 1999, (40 CFR Parts 80, 85, and 86) to 
     determine whether those regulations allow optimization of 
     motor vehicle fuel efficiency and promote greenhouse gas 
     emission reductions in the new vehicle fleet. The study shall 
     include an examination of the extent to which the bin 
     structure created by those regulations may deter 
     manufacturers from developing and producing covered vehicles, 
     including those using compression ignition engines, that are 
     more fuel efficient and will promote greater greenhouse gas 
     emission reductions than vehicles that would otherwise be 
     produced. In addition, the study shall include an examination 
     of the extent to which biofuels can contribute to meeting 
     vehicle emission standards for covered vehicles.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the Administrator shall submit the 
     report on the results of the study to the Committee on 
     Commerce, Science, and Technology, and the Committee on 
     Environment and Public Works of the Senate and the Committee 
     on Energy and Commerce of the House of Representatives. The 
     report shall contain recommendations for any legislative or 
     regulatory action the Administrator proposes if the 
     Administrator determines such act would encourage 
     improvements in vehicle fuel efficiency, reduce greenhouse 
     gas emissions from the new vehicle fleet, and maintain or 
     improve the new vehicle fleet's emissions reductions 
     projected to occur from implementation of the regulations 
     referred to in subsection (a).

     SEC. 804. ELIMINATION OF 2-FLEET RULE.

       (a) In General.--Section 39204 of title 49, United States 
     Code, is amended--
       (1) by striking subsection (b); and
       (2) by redesignating subsections (c) through (e) as 
     subsections (b) through (d), respectively.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall apply to model years 2007 and later.

     SEC. 805. ELIMINATION OF DUAL FUEL CREDIT.

       Section 32905 of title 49, United States Code, is repealed.

     SEC. 806. ENSURING SAFETY OF PASSENGER AUTOMOBILES AND LIGHT 
                   TRUCKS.

       (a) In General.--The Secretary of Transportation shall 
     exercise such authority under Federal law as the Secretary 
     may have to ensure that--
       (1) passenger automobiles and light trucks (as those terms 
     are defined in section 32901 of title 49, United States Code) 
     are safe;
       (2) progress is made in improving the overall safety of 
     passenger automobiles and light trucks; and
       (3) progress is made in maximizing United States 
     employment.
       (b) Improved Crashworthiness.--Subchapter II of chapter 301 
     of title 49, United States Code, is amended by adding at the 
     end the following:

     ``Sec. 30128. Improved crashworthiness

       ``(a) Rollovers.--Within 3 years after the date of 
     enactment of the Energy Policy Act of 2002, the Secretary of 
     Transportation, through the National Highway Traffic Safety 
     Administration, shall prescribe a motor vehicle safety 
     standard under this chapter for rollover crashworthiness 
     standards that includes--
       `'(1) dynamic roof crush standards;
       ``(2) improved seat structure and safety belt design;
       ``(3) side impact head protection airbags; and
       ``(4) roof injury protection measures.
       ``(b) Heavy Vehicle Harm Reduction Compatibility Standard.
       ``(1) Initial standard.--Within 3 years after the date of 
     enactment of the Energy Policy Act of 2002, the Secretary, 
     through the National Highway Traffic Safety Administration, 
     shall prescribe a motor vehicle safety standard under this 
     chapter that will reduce the aggressitivity of light trucks 
     by 33 percent, using a baseline model year of 2002 and will 
     improve vehicle compatibility in collisions between light 
     trucks and cars, in order to protect against unnecessary 
     death and injury.''.
       ``(2) 5-Year review.--The section should review the 
     effectiveness of this standard every 5 years following final 
     issuance of the standard and shall issue, through the 
     National Highway Traffic Safety Administration, upgrades to 
     the standard to reduce fatalities and injuries related to 
     vehicle compatibility and light truck aggressitivity.''.
       ``(c) Conforming Amendment.--The chapter analysis for 
     chapter 301 of title 49, United States Code, is amended by 
     inserting after the item relating to section 30217 the 
     following:

``30128. Improved crashworthiness''.

     SEC. 807. SAFETY RATING LABELS.

       Section 32302 of title 49, United States Code, is amended--
       (1) by redesignating paragraphs (3) and (4) of subsection 
     (a) as paragraphs (4) and (5), respectively;
       (2) by inserting after paragraph (2) of subsection (a) the 
     following:
       ``(3) overall safety of the driver and passengers of the 
     vehicle in a collision.''; and
       (3) by striking subsection (b) and inserting the following:
       ``(b) Motor Vehicle Safety Information.
       ``(1) In general.--In carrying out subsection (a), the 
     Secretary shall establish test criteria for use by 
     manufacturers in determining crashworthiness and the overall 
     safety of vehicles for drivers and passengers.
       ``(2) Presentation of data.--The Secretary shall prescribe 
     a system for presenting information developed under 
     paragraphs (1) through (3) of subsection (a) to the public in 
     a simple and understandable form that facilitates comparison 
     among the makes and models of passenger motor vehicles.
       ``(3) Label requirement.--Each manufacturer of a new 
     passenger motor vehicle (as defined in section 32304(a)(8)) 
     manufactured after September 30, 2005, and distributed in 
     commerce for sale in the United States shall cause the 
     information required by paragraph (2) to appear on, or 
     adjacent to, the label required by section 3 of the 
     Automobile Information Disclosure Act (15 U.S.C. 1232(b).''.

     SEC. 808. FUEL ECONOMY TRUTH-IN-TESTING STUDY.

       (a) In General.--The Administrator of the Environmental 
     Protection Agency shall conduct--
       (1) an ongoing examination of the accuracy of fuel economy 
     testing of passenger automobiles and light trucks in 
     accordance with procedures in effect as of the date of 
     enactment of this Act, as compared to the actual performance 
     of such passenger automobiles and light trucks when driven by 
     average drivers under average driving conditions in the 
     United States, which may be obtained through a survey of 
     current vehicle owners; and
       (2) an assessment of the extent to which fuel economy 
     deteriorates during the life of such passenger automobiles 
     and light trucks.
       (b) Report.--The Administrator shall, within 12 months 
     after the date of enactment of this Act and annually 
     thereafter, submit to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Commerce 
     and Energy of the House of Representatives a report on the 
     results of the study required by subsection (a) of this 
     section. The report shall include--
       (1) a comparison between--
       (A) fuel economy measured, for each model in the applicable 
     model year, through testing procedures in effect as of the 
     date of enactment of this Act; and
       (B) fuel economy of such passenger automobiles and light 
     trucks during actual on-road performance, as determined under 
     subsection (a);
       (2) a statement of the percentage difference, if any, 
     between actual on-road fuel economy and fuel economy measured 
     by test procedures of the Environmental Protection 
     Administration; and
       (3) any recommendations for legislative or other action.

     SEC. 809. FUEL ECONOMY LABELS.

       Section 32908 of title 49, United States Code, is amended--
       (1) by striking ``title.'' in subsection (a)(1) and 
     inserting ``title, and a light truck (as defined in section 
     32901(17) after model year 2007; and'';
       (2) by redesignating subparagraph (F) of subsection (b)(1) 
     as subparagraph (II), and inserting after subparagraph (E) 
     the following:

[[Page 3086]]

       ``(F) a label (or a logo imprinted on a label required by 
     this paragraph) that--
       ``(i) reflects an automobile's performance on the basis of 
     criteria developed by the Administrator to reflect the fuel 
     economy and greenhouse gas and other emissions consequences 
     of operating the automobile over its likely useful life;
       ``(ii) is easily understandable and permits consumers to 
     compare performance results under clause (i) among all 
     passenger automobiles and light duty trucks (as defined in 
     section 32901), and in the vehicles in the vehicle class to 
     which it belongs; and
       ``(ii) is designed to encourage the manufacture and sale of 
     passenger automobiles and light trucks that meet or exceed 
     applicable fuel economy standards under section 32902.
       ``(G) a fuelstar under paragraph (5).''; and
       ``(3) by adding at the end of subsection (b) the following:
       ``(4) Label Program.
       ``(A) Marketing analysis.--Within 2 years after the date of 
     enactment of the Energy Policy Act of 2002, the Administrator 
     shall complete a study of social marketing strategies with 
     the goal of maximing consumer understanding of point-of-sale 
     labels or logos described in paragraph (1)(F).
       ``(B) Criteria.--In developing criteria for the label or 
     logo, the Administrator shall also consider, among others as 
     appropriate, the following factors:
       ``(i) The recyclability of the automobile.
       ``(ii) Any other pollutants or harmful byproducts related 
     to the automobile, which may include those generated during 
     manufacture of the automobile, those issued during use of the 
     automobile, or those generated after the automobile ceases to 
     be operated.
       ``(5) Fuelstar Program.
       ``The Secretary, in consultation with the Administrator, 
     shall establish a program, to be known as the `fuelstar' 
     program, under which stars shall be imprinted on or attached 
     to the label required by paragraph (1) that will, consistent 
     with the findings of the marketing analysis required under 
     paragraph (4)(A), provide consumer incentives to purchase 
     vehicles that exceed the applicable fuel economy standard.

     SEC. 810. SECRETARY OF TRANSPORTATION TO CERTIFY BENEFITS.

       Beginning with model year 2007, the Secretary of 
     Transportation, in consultation with the Administrator of the 
     Environmental Protection Agency, shall determine and certify 
     annually to the Congress--
       (1) the annual reduction in United States consumption of 
     petroleum used for vehicle fuel, and
       (2) the annual reduction in greenhouse gas emissions,

     properly attributable to the implementation of the average 
     fuel economy standards imposed under section 32902 of title 
     49, United States Code, as a result of the amendments made by 
     this Act.

     SEC. 811. DEPARTMENT OF TRANSPORTATION ENGINEERING AWARD 
                   PROGRAM.

       (a) Engineering Team Awards.--The Secretary of 
     Transportation shall establish an engineering award program 
     to recognize the engineering team of any manufacturer of 
     passenger automobiles or light trucks (as such terms are 
     defined in section 32901 of title 49, United States Code) 
     whose work directly results in production models of--
       (1) the first large sport utility vehicle, van, or light 
     truck to achieve a fuel economy rating of 30 miles per gallon 
     under section 32902 of such title; and
       (2) the first mid-sized sport utility vehicle, van, or 
     light truck to achieve a fuel economy rating of 35 miles per 
     gallon under section 32902 of such title.
       (b) Requirements for Participation in Engineering Team 
     Awards Program.--In establishing the engineering team awards 
     program under subsection (a), the Secretary shall establish 
     eligibility requirements that include--
       (1) a requirement that the vehicle, van, or truck be 
     domestically-manufactured or manufacturable (if a prototype) 
     within the meaning of section 32903 of title 49, United 
     States Code;
       (2) a requirement that the vehicle, van, or truck meet all 
     applicable Federal standards for emissions and safety (except 
     that crash testing shall not be required for a prototype); 
     and
       (3) such additional requirements as the Secretary may 
     require in order to carry out the program.
       (c) Amount of Prize.--The Secretary shall award a prize of 
     not less than $30,000 to each engineering team determined by 
     the Secretary to have successfully met the requirements of 
     paragraph (1) or (2) of subsection (a). The Secretary shall 
     provide for recognition of any manufacturer to have not the 
     requirements of subsection (b) with appropriate ceremonies 
     and activities, and may provide a monetary award in an amount 
     determined by the Secretary to be appropriate.
       (d) Manufacturer's Award.--The Secretary of Transportation 
     shall also establish an Old Independence Award to recognize 
     the first manufacturer of domestically-manufactured (within 
     the meaning of section 32903 of title 49, United States Code) 
     passenger automobiles and light trucks to achieve a combined 
     fuel economy rating of 36 miles per gallon under section 
     32902 of such title.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation such 
     sums as may be necessary to carry out this section.

     SEC. 812. HIGH OCCUPANCY VEHICLE EXCEPTION.

       (a) In General.--Notwithstanding section 102(a)(1) of title 
     23, United States Code, a State may, for the purpose of 
     promoting energy conservation, permit a vehicle with fewer 
     than the otherwise required number of occupants to operate in 
     high occupancy vehicle lanes if it is a hybrid vehicle or is 
     certified by the Secretary of Transportation, after 
     consultation with the Administrator of the Environmental 
     Protection Agency, to be a vehicle that runs only on an 
     alterative fuel.
       (b) Hybrid Vehicle Defined.--In this section, the term 
     ``hybrid vehicle'' means a motor vehicle--
       (1) which--
       (A) draws propulsion energy from onboard sources of stored 
     energy which are both--
       (i) an internal combustion or beat engine using combustible 
     fuel; and
       (ii) a rechargeable energy storage system; or
       (B) recovers kinetic energy through regenerative braking 
     and provides at least 13 percent maximum power from the 
     electrical storage device;
       (2) which, in the case of a passenger automobile or light 
     truck--
       (A) for 2002 and later model vehicles, has received a 
     certificate of conformity under section 206 of the Clean Air 
     Act (42 U.S.C. 7525) and meets or exceeds the equivalent 
     qualifying California low emission vehicle standard under 
     section 243(e)(2) of the Clean Air Act (42 U.S.C. 7583(c)(2)) 
     for that make and model year; and
       (B) for 2004 and later model vehicles, has received a 
     certificate that such vehicle meets the Tier II emission 
     level established in regulations prescribed by the 
     Administrator of the Environmental Protection Agency under 
     section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)) for 
     that make and model year vehicle; and (3) which is made by a 
     manufacturer.
       (c) Alternative Fuel Defined.--In this section the term 
     ``alternative fuel'' has the meaning such term has under 
     section 301(2) of the Energy Policy Act of 1992 (42 U.S.C. 
     13211(2)).

     SEC. 813. ALTERNATIVE FUEL ECONOMY STANDARD FOR LOW VOLUME 
                   MANUFACTURERS AND NEW ENTRANTS.

       Section 32902(d) of title 49, United States Code, is 
     amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively;
       (2) by striking so much thereof as precedes paragraph (4), 
     as redesignated, and inserting the following:
       ``(d) Alternative Average Fuel Economy Standard.--
       ``(1) In general.--Upon application by an eligible 
     manufacturer, the Secretary of Transportation may prescribe 
     an alternative average fuel economy standard for passenger 
     automobiles and light trucks manufactured by that 
     manufacturer if the Secretary finds that--
       ``(A) the applicable standard prescribed under subsection 
     (a), (b), or (c) of this section is more stringent than the 
     maximum feasible average fuel economy level the manufacturer 
     can achieve; and
       ``(B) the alternative average fuel economy standard 
     prescribed under this subsection is the maximum feasible 
     average fuel economy level that manufacturer can achieve.
       ``(2) Application of Alternative standard.--The Secretary 
     may provide for the application of an alternative average 
     fuel economy standard prescribed under paragraph (1) to--
       ``(A) the manufacturer that applied for the alternative 
     average fuel economy standard;
       ``(B) all passenger automobiles to which this subsection 
     applies; or
       ``(C) classes of passenger automobiles or light trucks 
     manufactured by eligible manufacturers.
       ``(3) Eligible manufacturer.--In this section the term 
     `eligible manufacturer' means a passenger automobile or light 
     truck manufacturer that--
       ``(A) sold in the United States fewer than 0.5 percent of 
     the combined number of passenger automobiles and light trucks 
     sold in the United States in the model year 2 years before 
     the model year to which the application relates; and
       ``(B) will sell in the United States fewer than 0.5 percent 
     of the combined number of passenger automobiles and light 
     trucks sold in the United States for the model year for which 
     the alternative average fuel economy standard will apply.'';
       (3) by inserting ``Importers.--'' before 
     ``Notwithstanding'' in paragraph (4), as redesignated;
       (4) by striking ``be exempted'' in paragraph (4), as 
     redesignated, and inserting ``not apply for an alternative 
     average fuel economy standard'';
       (5) by inserting ``Application.--'' in paragraph (5), as 
     redesignated, before ``The''; and
       (6) by striking ``exemption.'' in paragraph (5), as 
     redesignated, and inserting ``alternative average fuel 
     economy standard.''.

     PART II--MARKET-BASED INITIATIVES FOR GREENHOUSE GAS REDUCTION

     SEC. 821. MARKET-BASED INITIATIVES.

       (a) Establishment of Registry for Voluntary Trading 
     Systems.--The Secretary of

[[Page 3087]]

     Commerce, through the Undersecretary for Technology, shall 
     establish a national registry system for greenhouse gas 
     emission reduction trading among entities under which 
     emission reductions from the applicable baseline are assigned 
     unique identifying numerical codes by the registry. 
     Participation in the registry is voluntary. Any entity 
     conducting business in the United States may register its 
     emission results, including emissions generated outside of 
     the United States, on an entity-wide basis with the registry, 
     and may utilize the services of the registry.
       (b) Purposes.--The purposes of the national registry are--
       (1) to encourage voluntary actions to reduce greenhouse gas 
     emissions and increase energy efficiency, including 
     increasing the fuel economy of passenger automobiles and 
     light trucks and reducing the reliance by United States 
     markets on petroleum produced outside the United States used 
     to provide vehicular fuel;
       (2) to enable participating entities to record voluntary 
     greenhouse gas emissions reductions; in a consistent format 
     that is supported by third party verification;
       (3) to encourage participants involved in existing 
     partnerships to be able to trade emissions reductions among 
     partnerships;
       (4) to further recognize, publicize, and promote 
     registrants making voluntary and mandatory reductions;
       (5) to recruit more participants in the program; and
       (6) to help various entities in the nation establish 
     emissions baselines.
       (c) Functions.--The national registry shall carry out the 
     following functions:
       (1) Referrals.--Provide referrals to approved providers for 
     advice on--
       (A) designing programs to establish emissions baselines and 
     to monitor and track greenhouse gas emissions; and
       (B) establishing emissions reduction goals based on 
     international best practices for specific industries and 
     economic sectors.
       (2) Uniform reporting format.--Adopt a uniform format for 
     reporting emissions baselines and reductions established 
     through--
       (A) the Director of the National Institute of Standards and 
     Technology for greenhouse gas baselines and reductions 
     generally; and
       (B) the Secretary of Transportation for credits under 
     section 32903 of title 49, United States Code.
       (3) Record maintenance.--Maintain a record of all emission 
     baselines and reductions verified by qualified independent 
     auditors.
       (4) Encourage participation.--Encourage organizations from 
     various sectors to monitor emissions, establish baselines and 
     reduction targets, and implement efficiency improvement and 
     renewable energy programs to achieve those targets.
       (5) Public awareness.--Recognize, publicize, and promote 
     participants that--
       (A) commit to monitor their emissions and set reduction 
     targets;
       (B) establish emission baselines; and
       (C) report on the amount of progress made on their annual 
     emissions.
       (d) Transfer of Reductions.--The registry shall--
       (1) allow for the transfer of ownership of any reductions 
     realized in accordance with the program; and
       (2) require that the registry be notified of any such 
     transfer within 30 days after the transfer is effected.
       (e) Future Considerations.--Any reductions achieved under 
     this program shall be credited against any future mandatory 
     greenhouse gas reductions required by the government. Final 
     approval of the amount and value of credits shall be 
     determined by the agency responsible for the implementation 
     of the mandatory greenhouse gas emission reduction program, 
     except that credits under section 32903 of title 49, United 
     States Code, shall be determined by the Secretary of 
     Transportation. The Secretary of Commerce shall by rule 
     establish an appeals process, that may incorporate an 
     arbitration option, for resolving any dispute arising out of 
     such a determination made by that agency.
       (f) CAFE Standards Credits.--The Secretary of 
     Transportation shall work with the Secretary of Commerce and 
     the implementing panel established by section 822 to 
     determine the equivalency of credits earned under section 
     32903 of title 49, United States Code, for inclusion in the 
     registry. The Secretary shall by rule establish an appeals 
     process, that may incorporate an arbitration option, for 
     resolving any dispute arising out of such a determination.

     SEC. 822. IMPLEMENTING PANEL.

       (a) Establishment.--There is established within the 
     Department of Commerce an implementing panel.
       (b) Composition.--The panel shall consist of--
       (1) the Secretary of Commerce or the Secretary's designee, 
     who shall serve as Chairperson;
       (2) the Secretary of Transportation or the Secretary's 
     designee; and
       (3) 1 expert in the field of greenhouse gas emissions 
     reduction, certification, or trading from each of the 
     following agencies--
       (A) the Department of Energy;
       (B) the Environmental Protection Agency;
       (C) the Department of Agriculture;
       (D) the National Aeronautics and Space Administration;
       (E) the Department of Commerce; and
       (F) the Department of Transportation.
       (c) Experts and Consultants.--Any member of the panel may 
     secure the services of experts and consultants in accordance 
     with the provisions of section 3109 of title 5, United States 
     Code, for greenhouse gas reduction, certification, and 
     trading experts in the private and nonprofit sectors and may 
     also utilize any grant, contract, cooperative agreement, or 
     other arrangement authorized by law to carry out its 
     activities under this subsection.
       (d) Duties.--The panel shall--
       (1) implement and oversee the implementation of this 
     section;
       (2) promulgate--
       (A) standards for certification of registries and operation 
     of certified registries; and
       (B) standards for measurement, verification, and recording 
     of greenhouse gas emissions and greenhouse gas emission 
     reductions by certified registries;
       (3) maintain, and make available to the public, a list of 
     certified registries; and
       (4) issue rulemakings on standards for measuring, 
     verifying, and recording greenhouse gas emissions and 
     greenhouse gas emission reductions proposed to the panel by 
     certified registries, through a standard process of issuing a 
     proposed rule, taking public comment for no less than 30 
     days, then finalizing regulations to implement this Act, 
     which will provide for recognizing new forms of acceptable 
     greenhouse gas reduction certification procedures.
       (e) Certification and Operation Standards.--The standards 
     promulgated by the panel shall include--
       (1) standards for ensuring the certified registries do not 
     have any conflicts of interest, including standards that 
     prohibit a certified registry from--
       (A) owning greenhouse gas emission reductions recorded in 
     any certified registry; or
       (B) receiving compensation in the form of a commission 
     where sources receive money for the total number of tons 
     certified;
       (2) standards for authorizing certified registries to enter 
     into agreements with for-profit persons engaged in trading of 
     greenhouse gas emission reductions, subject of paragraph (1); 
     and
       (3) such other standards for certification of registries 
     and operation of certified registries as the panel determines 
     to be appropriate.
       (f) Measurement, Verification, and Recording Standards.--
     The standards promulgated by the panel shall provide for, in 
     the case of certified registries--
       (1) ensuring that certified registries accurately measure, 
     verify, and record greenhouse gas emissions and greenhouse 
     gas emission reductions, taking into account--
       (A) boundary issues such as leakage and shifted 
     utilization; and
       (B) such other factors as the panel determines to be 
     appropriate;
       (2) ensuring that--
       (A) certified registries do not double-count greenhouse gas 
     emission reductions; and
       (B) if greenhouse gas emission reductions are recorded in 
     more than 1 certified registry, such double-recording is 
     clearly indicated;
       (3) determining the ownership of greenhouse gas emission 
     reductions and recording and tracking the transfer of 
     greenhouse gas emission reductions among entities (such as 
     through assignment of serial numbers to greenhouse gas 
     emission reductions);
       (4) measuring the results of the use of carbon 
     sequestration and carbon recapture technologies;
       (5) measuring greenhouse gas emission reductions resulting 
     from improvements in--
       (A) power plants;
       (B) automobiles (including types of passenger automobiles 
     and light trucks, as defined in section 32901(a)(16) and (17) 
     respectively, produced in the same model year);
       (C) carbon re-capture, storage and sequestration, including 
     organic sequestration and manufactured emissions injection, 
     and or storage; and
       (D) other sources;
       (6) measuring prevented greenhouse gas emissions through 
     the rulemaking process and based on the latest scientific 
     data, sampling, expert analysis related to measurement and 
     projections for prevented greenhouse gas emissions in tons 
     including--
       (A) organic soil carbon sequestration practices;
       (B) forest preservation and re-forestation activities which 
     adequately address the issues of permanence, leakage and 
     verification; and
       (7) such other measurement, verification, and recording 
     standards as the panel determines to be appropriate.
       (g) Certification of Registries.--Except as provided in 
     subsection (h), a registrant that desires to be a certified 
     registry shall submit to the panel an application that--
       (1) demonstrates that the registrant meets each of the 
     certification standards established by the panel under 
     subsections (d) and (e); and
       (2) meets such other requirements as the panel may 
     establish.
       (h) Automobile Industry.--The Secretary of Transportation 
     is deemed to be the certified registrant for credits earned 
     under section 32903 of title 49, United States Code.

[[Page 3088]]

       (i) Annual Report.--Within 1 year after the date of 
     enactment of this Act and biennially thereafter, the panel 
     shall report to the Congress on the status of the program 
     established under this section. The report shall include an 
     assessment of the level of participation in the program and 
     amount of progress being made on emission reduction targets.

     SEC. 823. DEFINITIONS.

       In this part:
       (1) Greenhouse gas.--The term ``greenhouse gas'' includes--
       (A) carbon dioxide;
       (B) methane;
       (C) hydro fluorocarbons;
       (D) perfluorocarbons;
       (E) nitrous oxide; and
       (F) sulfur hexafluoride.
       (2) Baseline.--The term ``baseline'' means--
       (A) the greenhouse gas emissions, determined on an entity-
     wide basis for the participant's most recent previous 3-year 
     annual average of greenhouse gas emissions prior to the date 
     of enactment of this Act; or
       (B) if data is unavailable for that 3-year period, the 
     greenhouse gas emissions as of September 30, 2002, (or as 
     close to that date as such emission levels can reasonably be 
     determined). In promulgating regulations under this part, the 
     panel shall take into account greenhouse gas emission 
     reductions or off-setting actions taken by any entity before 
     the date on which the registry is established.
       (3) Certified registry.--The term ``certified registry'' 
     means a registry that has been certified by the panel as 
     meeting the standards promulgated under section 821(e) and 
     (f) and, for the automobile industry, the Secretary of 
     Transportation.
       (4) Greenhouse gas emissions.--The term ``greenhouse gas 
     emissions'' means the quantity of greenhouse gases emitted by 
     a source during a period, measured in tons of greenhouse 
     gases.
       (5) Greenhouse gas emission reduction.--The term 
     ``greenhouse gas emission reduction'' means a quantity equal 
     to the difference between--
       (A) the greenhouse gas emissions of a source during a 
     period; and
       (B) the greenhouse gas emissions of the source during a 
     baseline period of the same duration as determined by 
     registries and entities defined as owners of emission 
     sources.
       (6) Kyoto protocol.--The term ``Kyoto protocol'' means the 
     Kyoto Protocol to the United Nations Framework Convention on 
     Climate Change (including the Montreal Protocol to the 
     Convention on Substances that Deplete the Ozone Layer).
       (7) Panel.--The term ``panel'' means the implementing panel 
     established by section 822(a).
       (8) Registrant.--The term ``registrant'' means a private 
     person that operates a database recording quantified and 
     verified greenhouse gas emissions and emissions reductions of 
     sources owned by other entities.
       (9) Source.--The term ``source'' means a source of 
     greenhouse gas emissions.
                                  ____

  SA 3000. Mr. THOMAS (for himself, Mr. Bingaman, and Mr. Murkowski) 
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:

       On page 14, strike line 3 and all that follows through page 
     21, line 15, and insert the following:

     SEC. 202. ELECTRIC UTILITY MERGERS.

       Section 203(a) of the Federal Power Act (16 U.S.C. 824b) is 
     amended to read as follows:
       ``(a)(1) No public utility shall, without first having 
     secured an order of the Commission authorizing it to do so--
       ``(A) sell, lease, or otherwise dispose of the whole of its 
     facilities subject to the jurisdiction of the Commission, or 
     any part thereof of a value in excess of $10,000,000,
       ``(B) merge or consolidate, directly or indirectly, such 
     facilities or any part thereof with the facilities of any 
     other person, by any means whatsoever,
       ``(C) purchase, acquire, or take any security of any other 
     public utility, or
       ``(D) purchase, lease, or otherwise acquire existing 
     facilities for the generation of electric energy unless such 
     facilities will be used exclusively for the sale of electric 
     energy at retail.
       ``(2) No holding company in a holding company system that 
     includes a transmitting utility or an electric utility 
     company shall purchase, acquire, or take any security of, or, 
     by any means whatsoever, directly or indirectly, merge or 
     consolidate with a transmitting utility, an electric utility 
     company, a gas utility company, or a holding company in a 
     holding company system that includes a transmitting utility, 
     an electric utility company, or a gas utility company, 
     without first having secured an order of the Commission 
     authorizing it to do so.
       ``(3) Upon application for such approval the Commission 
     shall give reasonable notice in writing to the Governor and 
     State commission of each of the States in which the physical 
     property affected, or any part thereof, is situated, and to 
     such other persons as it may deem advisable.
       ``(4) After notice and opportunity for hearing, the 
     Commission shall approve the proposed disposition, 
     consolidation, acquisition, or control, if it finds that the 
     proposed transaction--
       ``(A) will be consistent with the public interest;
       ``(B) will not adversely affect the interests of consumers 
     of electric energy of any public utility that is a party to 
     the transaction or is an associate company of any part to the 
     transaction;
       ``(C) will not impair the ability of the Commission or any 
     State commission having jurisdiction over any public utility 
     that is a party to the transaction or an associate company of 
     any party to the transaction to protect the interests of 
     consumers or the public; and
       ``(D) will not lead to cross-subsidization of associate 
     companies or encumber any utility assets for the benefit of 
     an associate company.
       ``(5) The Commission shall, by rule, adopt procedures for 
     the expeditious consideration of applications for the 
     approval of dispositions, consolidations, or acquisitions 
     under this section. Such rules shall identify classes of 
     transactions, or specify criteria for transactions, that 
     normally meet the standards established in paragraph (4), and 
     shall require the Commission to grant or deny an application 
     for approval of a transaction of such type within 90 days 
     after the conclusion of the hearing or opportunity to comment 
     under paragraph (4). If the Commission does not act within 90 
     days, such application shall be deemed granted unless the 
     Commission finds that further consideration is required to 
     determine whether the proposed transaction meets the 
     standards of paragraph (4) and issues one or more orders 
     tolling the time for acting on the application for an 
     additional 90 days.
       ``(6) For purposes of this subsection, the terms `associate 
     company', `electric utility company', `gas utility company', 
     `holding company', and `holding company system' have the 
     meaning given those terms in the Public Utility Holding 
     Company Act of 2002.''.

     SEC. 203. MARKET-BASED RATES.

       (a) Approval of Market-Based Rates.--Section 205 of the 
     Federal Power Act (16 U.S.C. 824d) is amended by adding at 
     the end of the following:
       ``(h) The Commission may determine whether a market-based 
     rate for the sale of electric energy subject to the 
     jurisdiction of the Commission is just and reasonable and not 
     unduly discriminatory or preferential. In making such 
     determination, the Commission shall consider such factors as 
     the Commission may deem to be appropriate and in the public 
     interest, including to the extent the Commission considers 
     relevant to the wholesale power market--
       ``(1) market power;
       ``(2) the nature of the market and its response mechanisms; 
     and
       ``(3) reserve margins.''.
       (b) Revocation of Market-Based Rates.--Section 206 of the 
     Federal Power Act (16 U.S.C. 824e) is amended by adding at 
     the end the following:
       ``(f) Whenever the Commission, after a hearing had upon its 
     own motion or upon complaint, finds that a rate charged by a 
     public utility authorized to charge a market-based rate under 
     section 205 is unjust, unreasonable, unduly discriminatory or 
     preferential, the Commission shall determine the just and 
     reasonable rate and fix the same by order.''.

     SEC. 204. REFUND EFFECTIVE DATE.

       Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b)) 
     is amended by--
       (1) striking ``the date 60 days after the filing of such 
     complaint nor later than 5 months after the expiration of 
     such 60-day period'' in the second sentence and inserting 
     ``the date of the filing of such complaint nor later than 5 
     months after the filing of such complaint'';
       (2) striking ``60 days after'' in the third sentence and 
     inserting ``of''; and
       (3) striking ``expiration of such 60-day period'' in the 
     third sentence and inserting ``publication date''.

     SEC. 205. OPEN ACCESS TRANSMISSION BY CERTAIN UTILITIES.

       Part II of the Federal Power Act is further amended by 
     inserting after section 211 the following:


          ``open access by unregulated transmitting utilities

       ``Sec. 211A. (1) Subject to section 212(h), the Commission 
     may, by rule or order, require an unregulated transmitting 
     utility to provide transmission services--
       ``(A) at rates that are comparable to those that the 
     unregulated transmitting utility charges itself, and
       ``(B) on terms and conditions (not relating to rates) that 
     are comparable to those under Commission rules that require 
     public utilities to offer open access transmission services 
     and that are not unduly discriminatory or preferential.
       ``(2) The Commission shall exempt from any rule or order 
     under this subsection any unregulated transmitting utility 
     that--
       ``(A) sells no more than 4,000,000 megawatt hours of 
     electricity per year;

[[Page 3089]]

       ``(B) does not own or operate any transmission facilities 
     that are necessary for operating an interconnected 
     transmission system (or any portion thereof), or
       ``(C) meets other criteria the Commission determines to be 
     in the public interest.
       ``(3) The rate changing procedures applicable to public 
     utilities under subsections (c) and (d) of section 205 are 
     applicable to unregulated transmitting utilities for purposes 
     of this section.
       ``(4) In exercising its authority under paragraph (1), the 
     Commission may remand transmission rates to an unregulated 
     transmitting utility for review and revision where necessary 
     to meet the requirements of paragraph (1).
       ``(5) The provision of transmission services under 
     paragraph (1) does not preclude a request for transmission 
     services under section 211.
       ``(6) The Commission may not require a State or 
     municipality to take action under this section that 
     constitutes a private business use for purposes of section 
     141 of the Internal Revenue Code of 1986 (26 U.S.C. 141).
       ``(7) For purposes of this subsection, the term 
     `unregulated transmitting utility' means an entity that--
       ``(A) owns or operates facilities used for the transmission 
     of electric energy in interstate commerce, and
       ``(B) is either an entity described in section 201(f) or a 
     rural electric cooperative.''.

     SEC.206.ELECTRIC RELIABILITY STANDARDS.
                                  ____


  SA 3001. Mr. THOMAS (for himself, Mr. Bingaman, and Mr. Murkowski) 
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:

       On page 24, strike line 1 and all that follows through page 
     27, line 20 and insert the following:

     SEC. 207. MARKET TRANSPARENCY RULES.

       Part II of the Federal Power Act is further amended by 
     adding at the end the following:

     ``SEC. 216. MARKET TRANSPARENCY RULES.

       ``(a) Commission Rules.--Not later than 180 days after the 
     date of enactment of this section, the Commission shall issue 
     rules establishing an electronic information system to 
     provide information about the availability and price of 
     wholesale electric energy and transmission services to the 
     Commission, state commissions, buyers and sellers of 
     wholesale electric energy, users of transmission services, 
     and the public on a timely basis.
       ``(b) Information Required.--The Commission shall require--
       ``(1) each regional transmission organization to provide 
     statistical information about the available capacity and 
     capacity of transmission facilities operated by the 
     organization; and
       ``(2) each broker, exchange, or other market-making entity 
     that matches offers to sell and offers to buy wholesale 
     electric energy in interstate commerce to provide statistical 
     information about the amount and sale price of sales of 
     electric energy at wholesale in interstate commerce it 
     transacts.
       ``(c) Timely Basis.--The Commission shall require the 
     information required under subsection (b) to be posted on the 
     Internet as soon as practicable and updated as frequently as 
     practicable.
       ``(d) Protection of Sensitive Information.--The Commission 
     shall exempt from disclosure commercial or financial 
     information that the Commission, by rule or order, determines 
     to be privileged, confidential, or otherwise sensitive.''.

     SEC. 208. ACCESS TO TRANSMISSION BY INTERMITTENT GENERATORS.

       Part II of the Federal Power Act is further amended by 
     adding at the end the following:

     ``SEC. 217. ACCESS TO TRANSMISSION BY INTERMITTENT 
                   GENERATORS.

       ``(a) Fair Treatment of Intermittent Generators.--The 
     Commission shall ensure that all transmitting utilities 
     provide transmission service to intermittent generators in a 
     manner that does not unduly prejudice or disadvantage such 
     generators for characteristics that are--
       ``(1) inherent to intermittent energy resources; and
       ``(2) are beyond the control of such generators.
       ``(b) Policies.--The Commission shall ensure that the 
     requirement in subsection (a) is met by adopting such 
     policies as it deems appropriate which shall include the 
     following:
       ``(1) Subject to the sole exception set forth in paragraph 
     (2), the Commission shall ensure that the rates transmitting 
     utilities charge intermittent generator customers for 
     transmission services do not unduly prejudice or disadvantage 
     intermittent generator customers for scheduling deviations.
       ``(2) The Commission may exempt a transmitting utility from 
     the requirement set forth in paragraph (1) if the 
     transmitting utility demonstrates that scheduling deviations 
     by its intermittent generator customers are likely to have an 
     adverse impact on the reliability of the transmitting 
     utility's system.
       ``(3) The Commission shall ensure that to the extent any 
     transmission charges recovering the transmitting utility's 
     embedded costs are assessed to such intermittent generators, 
     they are assessed to such generators on the basis of 
     kilowatt-hours generated or some other method to ensure that 
     they are fully recovered by the transmitting utility.
       ``(4) The Commission shall require transmitting utilities 
     to offer to intermittent generators, and may require 
     transmitting utilities to offer to all transmission 
     customers, access to nonfirm transmission service.
       ``(c) Definitions.--As used in this section:
       ``(1) The term `intermittent generator' means a facility 
     that generates electricity using wind or solar energy and no 
     other energy source.
       ``(2) The term `nonfirm transmission service' means 
     transmission service provided on an `as available' basis.
       ``(3) The term `scheduling deviation' means delivery of 
     more or less energy than has previously been forecast in a 
     schedule submitted by an intermittent generator to a control 
     area operator or transmitting utility.''.

     SEC.209.ENFORCEMENT.
                                  ____


  SA 3002. Mr. THOMAS (for himself, Mr. Bingaman, and Mr. Murkowski) 
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:

       On page 44, strike line 3 and all that follows through page 
     45, line 12 and insert the following:

     SEC. 241. REAL-TIME PRICING AND TIME-OF-USE METERING 
                   STANDARDS.

       (a) Adoption of Standards.--Section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
     is amended by adding at the end the following:
       ``(11) Real-time pricing.--(A) Each electric utility shall, 
     at the request of an electric consumer, provide electric 
     service under a real-time schedule, under which the rate 
     charged by the electric utility varies by the hour (or 
     smaller time interval) according to changes in the electric 
     utility's wholesale power cost. The real-time pricing service 
     shall enable the electric consumer to manage energy use and 
     cost through real-time metering and communications 
     technology.
       ``(B) For purposes of implementing this paragraph, any 
     reference contained in this section to the date of enactment 
     of the Public Utility Regulatory Policies Act of 1978 shall 
     be deemed to be a reference to the date of enactment of this 
     paragraph.
       ``(C) Notwithstanding subsections (b) and (c) of section 
     112, each State regulatory authority shall consider and make 
     a determination concerning whether it is appropriate to 
     implement the standard set out in subparagraph (A) not later 
     than one year after the date of enactment of this paragraph.
       ``(12) Time-of-use metering.--(A) Each electric utility 
     shall, at the request of an electric consumer, provide 
     electric service under a time-of-use rate schedule which 
     enables the electric consumer to manage every use and cost 
     through time-of-use metering and technology.
       ``(B) For purposes of implementing this paragraph, any 
     reference contained in this section to the date of enactment 
     of the Public Utility Regulatory Policies Act of 1978 shall 
     be deemed to be a reference to the date of enactment of this 
     paragraph.
       ``(C) Notwithstanding subsections (b) and (c) of section 
     112, each State regulatory authority shall consider and make 
     a determination concerning whether it is appropriate to 
     implement the standards set out in subparagraph (A) not later 
     than one year after the date of enactment of this 
     paragraph.''.
       (b) Special Rules.--Section 115 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2625) is amended 
     by adding at the end the following:
       ``(i) Real-Time Pricing.--In a state that permits third-
     party marketers to sell electric energy to retail electric 
     consumers, the electric consumer shall be entitled to receive 
     the same real-time metering and communication service as a 
     direct retail electric consumer of the electric utility.
       ``(j) Time-of-Use Metering.--In a state that permits third-
     party marketers to sell electric energy to retail electric 
     consumers, the electric consumer shall be entitled to receive 
     the same time-of-use metering and communication service as a 
     direct retail electric consumer of the electric utility.''.
                                  ____

  SA 3003. Mr. THOMAS (for himself, Mr. Bingaman, and Mr. Murkowski) 
proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for 
himself and Mr. Bingaman) to the bill

[[Page 3090]]

(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:

       On page 50, strike line 10 and all that follows through 
     page 54, line 10, and insert the following:

     SEC. 245. NET METERING.

       (a) Adoption of Standard.--Section 111(d) of the Public 
     Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) 
     is further amended by adding at the end the following:
       ``(13) Net metering.--(A) Each electric utility shall make 
     available upon request net metering service to any electric 
     consumer that the electric utility serves.
       ``(B) For purposes of implementing this paragraph, any 
     reference contained in this section to the date of enactment 
     of the Public Utility Regulatory Policies Act of 1978 shall 
     be deemed to be a reference to the date of enactment of this 
     paragraph.
       ``(C) Notwithstanding subsections (b) and (c) of section 
     112, each State regulatory authority shall consider and make 
     a determination concerning whether it is appropriate to 
     implement the standard set out in subparagraph (A) not later 
     than one year after the date of enactment of this paragraph.
       (b) Special Rules for Net Metering.--Section 115 of the 
     Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2625) is further amended by adding at the end the following:
       ``(k) Net Metering.--
       ``(1) Rates and charges.--An electric utility--
       ``(A) shall charge the owner or operator of an on-site 
     generating facility rates and charges that are identical to 
     those that would be charged other electric consumers of the 
     electric utility in the same rate class; and
       ``(B) shall not charge the owner or operator of an on-site 
     generating facility any additional standby, capacity, 
     interconnection, or other rate or charge.
       ``(2) Measurement.--An electric utility that sells electric 
     energy to the owner or operator of an on-site generating 
     facility shall measure the quantity of electric energy 
     produced by the on-site facility and the quantity of electric 
     energy consumed by the owner or operator of an on-site 
     generating facility during a billing period in accordance 
     with normal metering practices.
       ``(3) Electric energy supplied exceeding electric energy 
     generated.--If the quantity of electric energy sold by the 
     electric utility to an on-site generating facility exceeds 
     the quantity of electric energy supplied by the on-site 
     generating facility to the electric utility during the 
     billing period, the electric utility may bill the owner or 
     operator for the net quantity of electric energy sold, in 
     accordance with normal metering practices.
       ``(4) Electric energy generated exceeding electric energy 
     supplied.--If the quantity of electric energy supplied by the 
     on-site generated facility to the electric utility exceeds 
     the quantity of electric energy sold by the electric utility 
     to the on-site generating facility during the billing 
     period--
       ``(A) the electric utility may bill the owner or operator 
     of the on-site generating facility for the appropriate 
     charges for the billing period in accordance with paragraph 
     (2); and
       ``(B) the owner or operator of the on-site generating 
     facility shall be credited for the excess kilowatt-hours 
     generated during the billing period, with the kilowatt-hour 
     credit appearing on the bill for the following billing 
     period.
       ``(5) Safety and performance standards.--An eligible on-
     site generating facility and net metering system used by an 
     electric consumer shall meet all applicable safety, 
     performance, reliability, and interconnection standards 
     established by the National Electrical Code, the Institute of 
     Electrical and Electronics Engineers, and Underwriters 
     Laboratories.
       ``(6) Additional control and testing requirements.--The 
     Commission, after consultation with State regulatory 
     authorities and nonregulated electric utilities and after 
     notice and opportunity for comment, may adopt, by rule, 
     additional control and testing requirements for on-site 
     generating facilities and net metering systems that the 
     Commission determines are necessary to protect public safety 
     and system reliability.
       ``(7) Definitions.--For purposes of this subsection:
       ``(1) The term `eligible on-site generating facility' 
     means--
       ``(A) a facility on the site of a residential electric 
     consumer with a maximum generating capacity of 500 kilowatts 
     or less that is fueled solely by a renewable energy resource, 
     landfill gas, or a high efficiency system.
       ``(B) a facility on the site of a commercial electric 
     consumer with a maximum generating capacity of 500 kilowatts 
     or less that is fueled solely by a renewable energy resource, 
     landfill gas, or a high efficiency system.
       ``(2) The term `renewable energy resource' means solar, 
     wind, biomass, or geothermal energy.
       ``(3) The term `high efficiency system' means fuel cells or 
     combined heat and power.
       ``(4) The term `net metering service' means service to an 
     electric consumer under which electric energy generated by 
     that electric consumer from an eligible on-site generating 
     facility and delivered to the local distribution facilities 
     may be used to offset electric energy provided by the 
     electric utility to the electric consumer during the 
     applicable billing period.''.
                                  ____

  SA 3004. Mr. THOMAS (for himself, Mr. Bingaman, and Mr. Murkowski) 
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:

       On page 58, strike line 16 and all that follows through 
     line 23 and insert the following:

     SEC. 256. STATE AUTHORITY.

       Nothing in this subtitle shall be construed to preclude a 
     State or State regulatory authority from prescribing and 
     enforcing laws, rules, or procedures regarding the practices 
     which are the subject of this section.
                                  ____

  SA 3005. Mr. THOMAS (for himself, Mr. Bingaman, and Mr. Murkowski) 
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:

       On page 64, strike line 8 and all that follows through page 
     65, line 17, and insert the following:

     SEC. 263. FEDERAL PURCHASE REQUIREMENT.

       (a) Requirement.--The President shall seek to ensure that, 
     to the extent economically feasible and technically 
     practicable, of the total amount of electric energy the 
     federal government consumes during any fiscal year--
       (1) not less than 3 percent in fiscal years 2003 through 
     2004,
       (2) not less than 5 percent in fiscal years 2005 through 
     2009, and
       (3) not less than 7.5 percent in fiscal year 2010 and each 
     fiscal year thereafter--

     shall be renewable energy. The President shall encourage the 
     use of innovative purchasing practices by federal agencies.
       (2) Definition.--For purposes of this section, the term 
     ``renewable energy'' means electric energy generated from 
     solar, wind, biomass, geothermal, fuel cells, municipal solid 
     waste, or additional hydroelectric generation capacity 
     achieved from increased efficiency or additions of new 
     capacity.
       (c) Tribal Power Generation.--The President shall seek to 
     ensure that, to the extent economically feasible and 
     technically practicable, not less than one-tenth of the 
     amount specified in subsection (a) shall be renewable energy 
     that is generated by an Indian tribe or by a corporation, 
     partnership, or business association which is wholly or 
     majority owned, directly or indirectly, by an Indian tribe. 
     For purposes of this subsection, the term ``Indian tribe'' 
     means any Indian tribe, band, nation, or other organized 
     group or community, including any Alaska Native village or 
     regional or village corporation as defined in or established 
     pursuant to the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.), which is recognized as eligible for the 
     special programs and services provided by the United States 
     to Indians because of their status as Indians.
       (d) Biennial Report.--In 2004 and every 2 years thereafter, 
     the Secretary of Energy shall report to the Committee on 
     Energy and Natural Resources of the Senate and the 
     appropriate committees of the House of Representatives on the 
     progress of the federal government in meeting the goals 
     established by this section.
                                  ____

  SA 3006. Mr. THOMAS (for himself, Mr. Bingaman, and Mr. Murkowski) 
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:

       On page 2, strike the items relating to sections 205 
     through 210 and insert the following:

Sec. 205. Open access transmission by certain utilities.
Sec. 206. Electric reliability standards.
Sec. 207. Market transparency rules.
Sec. 208. Access to transmission by intermittent generators.
Sec. 209. Enforcement.
                                  ____

  SA 3007. Mr. CAMPBELL (for himself, Mr. Brownback, Mr. Gramm, Mr. 
Enzi, and Mr. Smith of New Hampshire) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for

[[Page 3091]]

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:

       Strike section 822.
                                  ____

  SA 3008. Mr. DAYTON (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed 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; which was ordered to lie on the 
table; as follows:

       At the end of subtitle B of title VIII, add the following:

     SEC. 8__. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND 
                   BIODIESEL PURCHASING REQUIREMENT.

       Title III of the Energy Policy Act of 1992 is amended by 
     striking section 306 (42 U.S.C. 13215) and inserting the 
     following:

     ``SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND 
                   BIODIESEL PURCHASING REQUIREMENT.

       ``(a) Ethanol-Blended Gasoline.--The head of each Federal 
     agency shall ensure that, in areas in which ethanol-blended 
     gasoline is available, the Federal agency purchases ethanol-
     blended gasoline containing at least 10 percent ethanol (or 
     the highest available percentage of ethanol), rather than 
     nonethanol-blended gasoline, for use in vehicles used by the 
     agency.
       ``(b) Biodiesel.--
       ``(1) Definition of biodiesel.--In this subsection, the 
     term `biodiesel' has the meaning given the term in section 
     312(f).
       ``(2) Requirement.--The head of each Federal agency shall 
     ensure that the Federal agency purchases, for use in fueling 
     fleet vehicles used by the Federal agency at the location at 
     which fleet vehicles of the Federal agency are centrally 
     fueled--
       ``(A) as of the date that is 5 years after the date of 
     enactment of this paragraph, biodiesel-blended diesel fuel 
     that contains at least 2 percent biodiesel, rather than 
     nonbiodiesel-blended diesel fuel; and
       ``(B) as of the date that is 10 years after the date of 
     enactment of this paragraph, biodiesel-blended diesel fuel 
     that contains at least 20 percent biodiesel, rather than 
     nonbiodiesel-blended diesel fuel.''.
                                  ____

  SA 3009. Mr. DOMENICI 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:

       On page 123, after line 17, insert the following:

     SEC. 514. OFFICE OF SPENT NUCLEAR FUEL RESEARCH.

       (a) Findings.--Congress finds that--
       (1) before the Federal Government takes any irreversible 
     action relating to the disposal of spent nuclear fuel, 
     Congress must determine whether the spent fuel in the 
     repository should be treated as waste subject to permanent 
     burial or should be considered an energy resource that is 
     needed to meet future energy requirements; and
       (2) national policy on spent nuclear fuel may evolve with 
     time as improved technologies for spent fuel are developed or 
     as national energy needs evolve.
       (b) Definitions.--In this section:
       (1) Associate Director.--The term ``Associate Director'' 
     means the Associate Director of that Office.
       (2) Office.--The term ``Office'' means the Office of Spent 
     Nuclear Fuel Research within the Office of Nuclear Energy 
     Science and Technology of the Department of Energy.
       (c) Establishment.--There is established an Office of Spent 
     Nuclear Fuel Research within the Office of Nuclear Science 
     and Technology of the Department of Energy.
       (d) Head of Office.--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.
       (e) Duties of the Associate Director.--
       (1) In general.--The Associate Director 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.
       (2) Participation.--The Associate Director shall coordinate 
     the participation of national laboratories, universities, the 
     commercial nuclear industry, and other organizations in the 
     investigation of technologies for the treatment, recycling, 
     and disposal of spent nuclear fuel and high-level radioactive 
     waste.
       (3) Activities.--The Associate Director shall--
       (A) develop a research plan to provide recommendations by 
     2015;
       (B) identify promising technologies for the treatment, 
     recycling, and disposal of spent nuclear fuel and high-level 
     radioactive waste;
       (C) conduct research and development activities for 
     promising technologies;
       (D) ensure that all activities include as key objectives 
     minimization of proliferation concerns and risk to the health 
     of the general public or site workers, as well as development 
     of cost-effective technologies;
       (E) require research on both reactor- and accelerator-based 
     transmission systems;
       (F) require research on advanced processing and 
     separations;
       (G) include participation of international collaborators in 
     research efforts, and provide funding to a collaborator that 
     brings unique capabilities not available in the United States 
     if the country in which the collaborator is located is unable 
     to provide for their support; and
       (H) ensure that research efforts are coordinated with 
     research on advanced fuel cycles and reactors conducted by 
     the Office of Nuclear Energy Science and Technology.
       (f) Grant and Contract Authority.--The Secretary may make 
     grants, or enter into contracts, for the purposes of the 
     research projects and activities described in this section.
       (g) Report.--The Associate Director shall annually submit 
     to Congress a report on the activities and expenditures of 
     the Office that describes the progress being made in 
     achieving the objectives of this section.
                                  ____

  SA 3010. Mr. BINGAMAN (for Ms. Landrieu) 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:

       On page 405, strike line 16 and all that follows through 
     line 23, and insert the following:
       (6) Biofuels.--The goal of the biofuels program shall be to 
     develop, in partnership with industry--
       (A) advanced biochemical and thermochemical conversion 
     technologies capable of making liquid and gaseous fuels from 
     cellulosic feedstocks that are price-competitive with 
     gasoline or diesel in either internal combustion engines or 
     fuel cell vehicles by 2010; and
       (B) advanced biotechnology processes capable of making 
     biofuels, biobased polymers, and chemicals, with particular 
     emphasis on the development of biorefineries that use enzyme 
     based processing systems.

     For purposes of this paragraph, the term ``cellulosic 
     feedstock'' means any portion of a food crop not normally 
     used in food production or any non-food crop grown for the 
     purpose of producing biomass feedstock.
                                  ____

  SA 3011. Mr. BINGAMAN (for Ms. Landrieu) (for himself and Mr. 
Domenici) 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:

       On page 443, strike lines 21 through page 444, line 2 and 
     insert the following:
       (2) examine--
       (A) advanced proliferation-resistant and passively safe 
     reactor designs;
       (B) new reactor designs with higher efficiency, lower cost, 
     and improved safety;
       (C) in coordination with activities carried out under the 
     amendments made by section 1223, designs for a high 
     temperature reactor capable of producing large-scale 
     quantities of hydrogen using thermo-chemical processes;
       (D) proliferation-resistant and high-burn-up nuclear fuels;
       (E) minimization of generation of radio-active materials;
       (F) improved nuclear waste management technologies; and
       (G) improved instrumentation science;

                          ____________________