[Congressional Record (Bound Edition), Volume 148 (2002), Part 3]
[Senate]
[Pages 3847-3863]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3040. Mr. REID (for Mr. Daschle) (for himself and Mr. Leahy) 
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, add the following:

     SEC.  . FAIR TREATMENT OF PRESIDENTIAL JUDICIAL NOMINEES.

       That it is the sense of the Senate that, in the interests 
     of the administration of justice, the Senate Judiciary 
     Committee should along with its other legislative and 
     oversight responsibilities, continue to hold regular hearings 
     on judicial nominees and should, in accordance with the 
     precedents and practices of the Committee, schedule hearings 
     on the nominees submitted by the President on May 9, 2001, 
     and resubmitted on September 5, 2001, expeditiously.
                                  ____

  SA 3041. Mr. WYDEN (for himself, Mr. Murkowski, Mr. Bennett, and Mr. 
Smith of Oregon) 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 186, between lines 8 and 9, insert the following:

     SEC. 8__. CREDIT FOR HYBRID VEHICLES, DEDICATED ALTERNATIVE 
                   FUEL VEHICLES, AND INFRASTRUCTURE.

       Section 507 of the Energy Policy Act of 1992 (42 U.S.C. 
     13258) is amended by adding at the end the following:
       ``(p) Credits for New Qualified Hybrid Motor Vehicles.--
       ``(1) Definitions.--In this subsection:
       ``(A) 2000 model year city fuel efficiency.--The term `2000 
     model year city fuel efficiency', with respect to a motor 
     vehicle, means fuel efficiency determined in accordance with 
     the following tables:
       ``(i) In the case of a passenger automobile:

``If vehicle inertia weightThe 2000 model year city fuel efficiency is:
  1,500 or 1,750 lbs...........................................43.7 mpg
  2,000 lbs....................................................38.3 mpg
  2,250 lbs....................................................34.1 mpg
  2,500 lbs....................................................30.7 mpg
  2,750 lbs....................................................27.9 mpg
  3,000 lbs....................................................25.6 mpg
  3,500 lbs....................................................22.0 mpg
  4,000 lbs....................................................19.3 mpg
  4,500 lbs....................................................17.2 mpg
  5,000 lbs....................................................15.5 mpg
  5,500 lbs....................................................14.1 mpg
  6,000 lbs....................................................12.9 mpg
  6,500 lbs....................................................11.9 mpg
  7,000 to 8,500 lbs..........................................11.1 mpg.

       ``(ii) In the case of a light truck:

``If vehicle inertia weightThe 2000 model year city fuel efficiency is:
  1,500 or 1,750 lbs...........................................37.6 mpg
  2,000 lbs....................................................33.7 mpg
  2,250 lbs....................................................30.6 mpg
  2,500 lbs....................................................28.0 mpg
  2,750 lbs....................................................25.9 mpg
  3,000 lbs....................................................24.1 mpg
  3,500 lbs....................................................21.3 mpg
  4,000 lbs....................................................19.0 mpg
  4,500 lbs....................................................17.3 mpg

[[Page 3848]]

  5,000 lbs....................................................15.8 mpg
  5,500 lbs....................................................14.6 mpg
  6,000 lbs....................................................13.6 mpg
  6,500 lbs....................................................12.8 mpg
  7,000 to 8,500 lbs..........................................12.0 mpg.

       ``(B) Administrator.--The term `Administrator' means the 
     Administrator of the Environmental Protection Agency.
       ``(C) Electrical storage device.--The term `electrical 
     storage device' means an onboard rechargeable energy storage 
     system or similar storage device.
       ``(D) Fuel efficiency.--The term `fuel efficiency' means 
     the percentage increased fuel efficiency specified in table 1 
     in paragraph (2)(C) over the average 2000 model year city 
     fuel efficiency of vehicles in the same weight class.
       ``(E) Maximum available power.--The term `maximum available 
     power', with respect to a new qualified hybrid motor vehicle 
     that is a passenger vehicle or light truck, means the 
     quotient obtained by dividing--
       ``(i) the maximum power available from the electrical 
     storage device of the new qualified hybrid motor vehicle, 
     during a standard 10-second pulse power or equivalent test; 
     by
       ``(ii) the sum of--

       ``(I) the maximum power described in clause (i); and
       ``(II) the net power of the internal combustion or heat 
     engine, as determined in accordance with standards 
     established by the Society of Automobile Engineers.

       ``(F) Motor vehicle.--The term `motor vehicle' has the 
     meaning given the term in section 216 of the Clean Air Act 
     (42 U.S.C. 7550).
       ``(G) New qualified hybrid motor vehicle.--The term `new 
     qualified hybrid motor vehicle' means a motor vehicle that--
       ``(i) draws propulsion energy from both--

       ``(I) an internal combustion engine (or heat engine that 
     uses combustible fuel); and
       ``(II) an electrical storage device;

       ``(ii) in the case of a passenger automobile or light 
     truck--

       ``(I) in the case of a 2001 or later model vehicle, 
     receives a certificate of conformity under the Clean Air Act 
     (42 U.S.C. 7401 et seq.) and produces emissions at a level 
     that is at or below the standard established by a qualifying 
     California standard described in section 243(e)(2) of the 
     Clean Air Act (42 U.S.C. 7583(e)(2)) for that make and model 
     year; and
       ``(II) in the case of a 2004 or later model vehicle, is 
     certified by the Administrator as producing emissions at a 
     level that is at or below the level established for Bin 5 
     vehicles in the Tier 2 regulations promulgated by the 
     Administrator under section 202(i) of the Clean Air Act (42 
     U.S.C. 7521(i)) for that make and model year vehicle; and

       ``(iii) employs a vehicle braking system that recovers 
     waste energy to charge an electrical storage device.
       ``(H) Vehicle inertia weight class.--The term `vehicle 
     inertia weight class' has the meaning given the term in 
     regulations promulgated by the Administrator for purposes of 
     the administration of title II of the Clean Air Act (42 
     U.S.C. 7521 et seq.).
       ``(2) Allocation.--
       ``(A) In general.--The Secretary shall allocate a partial 
     credit to a fleet or covered person under this title if the 
     fleet or person acquires a new qualified hybrid motor vehicle 
     that is eligible to receive a credit under each of the tables 
     in subparagraph (C).
       ``(B) Amount.--The amount of a partial credit allocated 
     under subparagraph (A) for a vehicle described in that 
     subparagraph shall be equal to the sum of--
       ``(i) the partial credits determined under table 1 in 
     subparagraph (C); and
       ``(ii) the partial credits determined under table 2 in 
     subparagraph (C).
       ``(C) Tables.--The tables referred to in subparagraphs (A) 
     and (B) are as follows:

                                Table 1

``Partial credit for increased fuel efficiency:       Amount of credit:
At least 125% but less than 150% of 2000 model year city fuel 
  efficiency.......................................................0.14
At least 150% but less than 175% of 2000 model year city fuel 
  efficiency.......................................................0.21
At least 175% but less than 200% of 2000 model year city fuel 
  efficiency.......................................................0.28
At least 200% but less than 225% of 2000 model year city fuel 
  efficiency.......................................................0.35
At least 225% but less than 250% of 2000 model year city fuel 
  efficiency......................................................0.50.

                                Table 2

``Partial credit for `Maximum Available Power':       Amount of credit:
At least 5% but less than 10%.....................................0.125
At least 10% but less than 20%....................................0.250
At least 20% but less than 30%....................................0.375
At least 30% or more.............................................0.500.

       ``(D) Use of credits.--At the request of a fleet or covered 
     person allocated a credit under this subsection, the 
     Secretary shall, for the year in which the acquisition of the 
     qualified hybrid motor vehicle is made, treat that credit as 
     the acquisition of 1 alternative fueled vehicle that the 
     fleet or covered person is required to acquire under this 
     title.
       ``(3) Regulations.--The Secretary shall promulgate 
     regulations under which any Federal fleet that acquires a new 
     qualified hybrid motor vehicle will receive partial credits 
     determined under the tables contained in paragraph (2)(C) for 
     purposes of meeting the requirements of section 303.
       ``(q) Credit for Substantial Contribution Towards Use of 
     Dedicated Vehicles in Noncovered Fleets.--
       ``(1) Definitions.--In this subsection:
       ``(A) Dedicated vehicle.--The term `dedicated vehicle' 
     includes--
       ``(i) a light, medium, or heavy duty vehicle; and
       ``(ii) a neighborhood electric vehicle.
       ``(B) Medium or heavy duty vehicle.--The term `medium or 
     heavy duty vehicle' includes a vehicle that--
       ``(i) operates solely on alternative fuel; and
       ``(ii)(I) in the case of a medium duty vehicle, has a gross 
     vehicle weight rating of more than 8,500 pounds but not more 
     than 14,000 pounds; or
       ``(II) in the case of a heavy duty vehicle, has a gross 
     vehicle weight rating of more than 14,000 pounds.
       ``(C) Substantial contribution.--The term `substantial 
     contribution' (equal to 1 full credit) means not less than 
     $15,000 in cash or in kind services, as determined by the 
     Secretary.
       ``(2) Issuance of credits.--The Secretary shall issue a 
     credit to a fleet or covered person under this title if the 
     fleet or person makes a substantial contribution toward the 
     acquisition and use of dedicated vehicles by a person that 
     owns, operates, leases, or otherwise controls a fleet that is 
     not covered by this title.
       ``(3) Multiple credits for medium and heavy duty dedicated 
     vehicles.--The Secretary shall issue 2 full credits to a 
     fleet or covered person under this title if the fleet or 
     person acquires a medium or heavy duty dedicated vehicle.
       ``(4) Use of credits.--At the request of a fleet or covered 
     person allocated a credit under this subsection, the 
     Secretary shall, for the year in which the acquisition of the 
     dedicated vehicle is made, treat that credit as the 
     acquisition of 1 alternative fueled vehicle that the fleet or 
     covered person is required to acquire under this title.
       ``(5) Limitation.--Per vehicle credits acquired under this 
     subsection shall not exceed the per vehicle credits allowed 
     under this section to a fleet for qualifying vehicles in each 
     of the weight categories (light, medium, or heavy duty).
       ``(r) Credit for Substantial Investment in Alternative Fuel 
     Infrastructure.--
       ``(1) Definitions.--In this section, the term `qualifying 
     infrastructure' means--
       ``(A) equipment required to refuel or recharge alternative 
     fueled vehicles;
       ``(B) facilities or equipment required to maintain, repair, 
     or operate alternative fueled vehicles;
       ``(C) training programs, educational materials, or other 
     activities necessary to provide information regarding the 
     operation, maintenance, or benefits associated with 
     alternative fueled vehicles; and
       ``(D) such other activities the Secretary considers to 
     constitute an appropriate expenditure in support of the 
     operation, maintenance, or further widespread adoption of or 
     utilization of alternative fueled vehicles.
       ``(2) Issuance of credits.--The Secretary shall issue a 
     credit to a fleet or covered person under this title for 
     investment in qualifying infrastructure if the qualifying 
     infrastructure is open to the general public during regular 
     business hours.
       ``(3) Amount.--For the purposes of credits under this 
     subsection--
       ``(A) 1 credit shall be equal to a minimum investment of 
     $25,000 in cash or in kind services, as determined by the 
     Secretary; and
       ``(B) except in the case of a Federal or State fleet, no 
     part of the investment may be provided by Federal or State 
     funds.
       ``(4) Use of credits.--At the request of a fleet or covered 
     person allocated a credit under this subsection, the 
     Secretary shall, for the year in which the investment is 
     made, treat that credit as the acquisition of 1 alternative 
     fueled vehicle that the fleet or covered person is required 
     to acquire under this title.''.
                                  ____

  SA 3042. Mr. ROCKEFELLER (for himself, Mrs. Carnahan, and Mr. Bond) 
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 appropriate place insert the following:

     SEC. __. CREDIT FOR ENERGY EFFICIENT VENDING MACHINES.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business-related credits), as amended 
     by this Act, is amended by adding at the end the following 
     new section:

[[Page 3849]]

     ``SEC. 45K. ENERGY EFFICIENT VENDING MACHINE CREDIT.

       ``(a) General Rule.--For purposes of section 38, the energy 
     efficient vending machine credit determined under this 
     section for the taxable year is an amount equal to $75, 
     multiplied by the number of qualified energy efficient 
     vending machines purchased by the taxpayer during the 
     calendar year ending with or within the taxable year.
       ``(b) Qualified Energy Efficient Vending Machine.--For 
     purposes of this section, the term `qualified energy 
     efficient vending machine' means a refrigerated bottled or 
     canned beverage vending machine which--
       ``(1) has a capacity of at least 500 bottles or cans, and
       ``(2) consumes not more than 8.66 kWh per day of 
     electricity based on ASHRAE Standard 32.1-1997.
       ``(c) Verification.--The taxpayer shall submit such 
     information or certification as the Secretary determines 
     necessary to claim the credit amount under subsection (a).
       ``(d) Termination.--This section shall not apply with 
     respect to vending machines purchased in calendar years 
     beginning after December 31, 2005.''.
       (b) Limitation on Carryback.--Section 39(d) (relating to 
     transition rules), as amended by this Act, is amended by 
     adding at the end the following new paragraph:
       ``(20) No carryback of energy efficient vending machine 
     credit before effective date.--No portion of the unused 
     business credit for any taxable year which is attributable to 
     the energy efficient vending machine credit determined under 
     section 45K may be carried to a taxable year ending before 
     January 1, 2003.''.
       (c) Conforming Amendment.--Section 38(b) (relating to 
     general business credit), as amended by this Act, is amended 
     by striking ``plus'' at the end of paragraph (22), by 
     striking the period at the end of paragraph (23) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(24) the energy efficient vending machine credit 
     determined under section 45K(a).''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1, as amended by this 
     Act, is amended by adding at the end the following new item:

``Sec. 45K. Energy efficient vending machine credit.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2002.
                                  ____

  SA 3043. Mr. ROCKEFELLER (for himself, Mr. Allen, Mr. Specter, and 
Mr. Warner) 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 appropriate place insert the following:

     SEC. __. CREDIT FOR RECYCLING CERTAIN COAL COMBUSTION WASTE 
                   MATERIALS.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 (relating to business related credits), as amended 
     by this Act, is amended by adding at the end the following 
     new section:

     ``SEC. 45K. CREDIT FOR RECYCLING CERTAIN COAL COMBUSTION 
                   WASTE MATERIALS.

       ``(a) Allowance of Credit.--For purposes of section 38, the 
     credit for recycling certain coal combustion waste materials 
     used by the taxpayer in qualifying production under this 
     section for any taxable year is equal to the sum of--
       ``(1) $6.00 for each wet ton of--
       ``(A) wet flue gas desulfurization sludge cake, and
       ``(B) any other wet waste material identified by the 
     Secretary of Energy, plus
       ``(2) $4.00 for each dry ton of--
       ``(A) dry flue gas desulfurization and fluidized bed 
     combustion waste material, and
       ``(B) any other dry waste material identified by the 
     Secretary of Energy.
       ``(b) Certain Coal Combustion Waste Materials Defined.--For 
     purposes of this section, the term `certain coal combustion 
     waste materials' means any solid waste material generated 
     using a sulfur dioxide emission control system and derived 
     from the combustion of coal in connection with the generation 
     of electricity or steam, including--
       ``(1) wet flue gas desulfurization sludge cake,
       ``(2) dry flue gas desulfurization and fluidized bed 
     combustion waste material, and
       ``(3) any other coal combustion waste material identified 
     by the Secretary of Energy as wet waste or dry waste material 
     attributable to the use of a sulfur dioxide emission control 
     system.
       ``(c) Qualifying Production.--For purposes of this 
     section--
       ``(1) In general.--The term `qualifying production' means 
     the use of certain coal combustion waste materials by the 
     taxpayer as substantial raw materials in the manufacture of 
     commercially saleable products which are--
       ``(A) manufactured in a qualifying facility,
       ``(B) sold by the taxpayer, and
       ``(C) not used in a landfill application.
       ``(2) Substantial use and manufacturing requirement.--
     Certain coal combustion waste materials shall not be deemed 
     to constitute substantial raw materials used in the 
     manufacture of commercially saleable products unless such 
     waste materials--
       ``(A) constitute at least 35 percent of the weight of the 
     commercially saleable manufactured products, determined on a 
     dry weight basis, and
       ``(B) undergo a physical and chemical change in the course 
     of the manufacturing process.
       ``(3) Unrelated person sale or use requirement.--The 
     taxpayer shall not be deemed to have engaged in qualifying 
     production with respect to certain coal combustion waste 
     materials used in manufacturing a product until--
       ``(A) the taxable year in which the taxpayer sells such 
     product to an unrelated person, or
       ``(B) if such product is sold to a related person, the 
     taxable year in which the related person--
       ``(i) resells such product to an unrelated person, or
       ``(ii) consumes or provides such product in the performance 
     of services to an unrelated person.
       ``(4) Qualifying facility.--
       ``(A) In general.--The term `qualifying facility' means a 
     manufacturing facility which--
       ``(i) is located within the United States (within the 
     meaning of section 638(1)) or within a possession of the 
     United States (within the meaning of section 638(2)), and
       ``(ii) is placed in service after December 31, 2002.
       ``(B) 10 year limit.--A facility shall cease to be a 
     qualifying facility on the date which is the tenth 
     anniversary of the date on which the facility was placed in 
     service.
       ``(5) Dry weight measurement.--For purposes of paragraph 
     (2)(A), dry weight shall be determined by excluding the 
     weight of all water in the materials used in the manufacture 
     of the products.
       ``(d) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Wet ton.--The term `wet ton' shall mean the weight of 
     the desulfurization sludge cake (and any other wet waste 
     material) after adjusting the water content of the cake (and 
     other wet waste material) to not greater than 50 percent of 
     the total weight.
       ``(2) Dry ton.--The term `dry ton' shall mean the weight of 
     the dry flue gas desulfurization and fluidized bed combustion 
     waste material (and any other dry waste material) after 
     adjusting the water content of the material (and other dry 
     waste material) to not greater than 2 percent of the total 
     weight.
       ``(3) Related persons.--Persons shall be treated as related 
     to each other if such persons would be treated as a single 
     employer under the regulations prescribed under section 
     52(b).
       ``(4) Pass-through in the case of estates and trusts.--
     Under regulations prescribed by the Secretary, rules similar 
     to the rules of subsection (d) of section 52 shall apply.''.
       (b) Credit Treated as a Business Credit.--Section 38(b), as 
     amended by this Act, is amended by striking ``plus'' at the 
     end of paragraph (22), by striking the period at the end of 
     paragraph (23) and inserting ``, plus'', and by adding at the 
     end the following new paragraph:
       ``(24) the credit for recycling certain coal combustion 
     waste materials determined under section 45K(a).''.
       (c) Transitional Rule.--Section 39(d), as amended by this 
     Act, is amended by adding at the end the following new 
     paragraph:
       ``(20) No carryback of section 45k credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the credit for 
     recycling certain coal combustion waste materials determined 
     under section 45K may be carried back to a taxable year 
     ending before January 1, 2002.''.
       (d) Clerical Amendment.--The table of sections for subpart 
     D of part IV of subchapter A of chapter 1, as amended by this 
     Act, is amended by adding at the end of the following new 
     item:

``Sec. 45K. Credit for recycling certain coal combustion waste 
              materials.''.

       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2001.
                                  ____

  SA 3044. Mr. ROCKEFELLER (for himself, Mr. Hagel, and Mr. Nelson of 
Nebraska) 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:


[[Page 3850]]


       On page 117, line 8, strike ``signals'' and all that 
     follows through line 10, and insert ``information, and
       ``(2) which permits reading of energy usage information on 
     at least a daily or time of use basis.''
                                  ____

  SA 3045. Mr. ROCKEFELLER 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:

       On page 557, between lines 23 and 24, insert the following:
       (3) Mine safety and health administration.--
       (A) In general.--In compliance with the consultation 
     requirement of subsection (a)(1), the Secretary of Labor 
     shall--
       (i) consider the impending and projected retirements of 
     those Federal mine inspectors who are employed as inspectors 
     on the date of enactment of this Act and the need to increase 
     the number of Federal mine inspectors to expand the presence 
     of such inspectors at mines in the United States;
       (ii) establish and implement a program within the Mine 
     Safety and Health Administration to hire, train, and deploy 
     such additional skilled mine inspectors (particularly 
     inspectors with practical experience in mining or with 
     experience as a practical mining engineer) as are necessary 
     to ensure that skilled and experienced individuals continue 
     to be available to serve as Federal mine inspectors; and
       (iii) maintain the number of Federal mine inspectors at a 
     level that is not lower than the staffing levels authorized 
     in law or set by regulation as of the date of enactment of 
     this Act.
       (B) Authorization of appropriations.--There is authorized 
     to be appropriated such sums as may be necessary to carry out 
     this paragraph.
                                  ____

  SA 3046. Mr. ROCKEFELLER 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, add the following:

          DIVISION __--LOW-INCOME GASOLINE ASSISTANCE PROGRAM

     SEC. __01. SHORT TITLE.

       This division may be cited as the ``Low-Income Gasoline 
     Assistance Program Act''.

     SEC. __02. PURPOSE.

       The purpose of this division is to create new emergency 
     assistance programs to assist families receiving assistance 
     under part A of title IV of the Social Security Act (42 
     U.S.C. 601 et seq.) and low-income working families to meet 
     the increasing price of gasoline.

     SEC. __03. DEFINITIONS.

       In this division:
       (1) Covered activities.--The term ``covered activities'' 
     means--
       (A) work activities;
       (B) education directly related to employment; or
       (C) activities related to necessary scheduled medical 
     treatment.
       (2) Gasoline.--The term ``gasoline'' has the meaning given 
     the term in section 4082 of the Internal Revenue Code of 
     1986.
       (3) Household.--The term ``household'' has the meaning 
     given the term in section 2603 of the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8622).
       (4) Poverty level; state median income.--The terms 
     ``poverty level'' and ``State median income'' have the 
     meanings given the terms in section 2603 of the Low-Income 
     Home Energy Assistance Act of 1981 (42 U.S.C. 8622).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Health and Human Services.
       (6) State.--The term ``State'' means each of the several 
     States, the District of Columbia, and the Commonwealth of 
     Puerto Rico.
       (7) Work activities.--The term ``work activities'' has the 
     meaning given that term in section 407(d) of the Social 
     Security Act (42 U.S.C. 607(d)).

     SEC. __04. EMERGENCY ASSISTANCE PROGRAMS.

       The Secretary shall make grants to States, from allotments 
     made under section __05, to enable the States to establish 
     emergency assistance programs and to provide, through the 
     programs, payments to eligible households to enable the 
     households to purchase gasoline.

     SEC. __05. STATE ALLOTMENTS.

       From the funds appropriated under section __12 for a fiscal 
     year and remaining after the reservation made in section 
     __11, the Secretary shall allot to each State an amount that 
     bears the same relation to such remainder as the amount the 
     State receives under section 675B of the Community Services 
     Block Grant Act (42 U.S.C. 9906) for that year bears to the 
     amount all States receive under that section for that year.

     SEC. __06. STATE APPLICATIONS.

       (a) In General.--To be eligible to receive a grant under 
     this division, a State shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information as the Secretary may require.
       (b) Contents.--At a minimum, the application shall 
     contain--
       (1) information designating a State agency to carry out the 
     emergency assistance program in the State, which shall be--
       (A) the State agency specified in the State plan submitted 
     under section 402 of the Social Security Act (42 U.S.C. 602); 
     or
       (B) the State agency designated under section 676(a) of the 
     Community Services Block Grant Act (42 U.S.C. 9908(a)); and
       (2) information describing the emergency assistance program 
     to be carried out in the State.

     SEC. __07. ELIGIBLE HOUSEHOLDS.

       (a) In General.--To be eligible to receive a payment from a 
     State under this division, a household shall submit an 
     application to the State at such time, in such manner, and 
     containing such information as the State may require.
       (b) Contents.--The applicant shall include in the 
     application information demonstrating that--
       (1) 1 or more individuals in the applicant's household 
     individually drive not less than 30 miles per day, or not 
     less than 150 miles per week, to or from covered activities; 
     and
       (2)(A)(i) 1 or more individuals in that household were 
     receiving assistance (including services) under the State 
     program funded under part A of title IV of the Social 
     Security Act (42 U.S.C. 601 et seq.) within the 24-month 
     period ending on the date of submission of the application; 
     and
       (ii) no individual in that household is receiving that 
     assistance, as of the date of submission of the application;
       (B)(i) 1 or more individuals in that household are 
     receiving assistance (including services) under that State 
     program; and
       (ii) such individuals are engaged in work activities and 
     are meeting the other requirements of that part A that are 
     applicable to recipients of such assistance;
       (C) the household meets the eligibility requirements of 
     section 2605(b)(2)(A) of the Low-Income Home Energy 
     Assistance Act of 1981 (42 U.S.C. 8624(b)(2)(A)), other than 
     clause (i) of that section; or
       (D) the household income for the household does not exceed 
     the greater of--
       (i) an amount equal to 150 percent of the poverty level for 
     the State involved; or
       (ii) an amount equal to 60 percent of the State median 
     income.
       (c) Rule.--For purposes of subsection (b)(2)(D), a State--
       (1) may not exclude a household from eligibility for a 
     fiscal year solely on the basis of household income if such 
     income is less than 110 percent of the poverty level for such 
     State; but
       (2) may give priority to those households with the highest 
     gasoline costs or needs in relation to household income.

     SEC. __08. PROGRAM REQUIREMENTS.

       (a) Determination of Trigger Amount.--
       (1) Determination of gasoline.--The Secretary of Health and 
     Human Services, in consultation with the Secretary of Energy, 
     shall determine a grade of gasoline for which price 
     determinations will be made under this subsection, which 
     shall be a type of gasoline that has a specified octane 
     rating or other specified characteristic.
       (2) Determination of calculation.--The Secretary of Health 
     and Human Services, in consultation with the Secretary of 
     Energy, shall determine a method for calculating the average 
     per gallon price of the covered grade of gasoline in each 
     State.
       (3) Baseline.--The Secretary of Health and Human Services, 
     in consultation with the Secretary of Energy, shall 
     calculate, in accordance with paragraph (2), the average per 
     gallon price of the covered grade of gasoline in each State 
     for January.
       (4) Trigger and release prices.--The Secretary of Health 
     and Human Services, in consultation with the Secretary of 
     Energy, shall calculate--
       (A) the trigger price for each State by multiplying the 
     price calculated under paragraph (3) by 115 percent; and
       (B) the release price for each State by multiplying the 
     price calculated under paragraph (3) by 110 percent.
       (b) Payments.--
       (1) Availability.--
       (A) Monthly price calculation.--The Secretary of Health and 
     Human Services, in consultation with the Secretary of Energy, 
     shall calculate, in accordance with subsection (a)(2), the 
     average per gallon price of the covered grade of gasoline in 
     each State for each month.
       (B) Determination.--If the Secretary of Health and Human 
     Services, in consultation with the Secretary of Energy, 
     determines that the price in a State calculated under 
     subparagraph (A) for a month--
       (i) is more than the trigger price for the State, the State 
     shall provide payments in

[[Page 3851]]

     accordance with this subsection for the following month; and
       (ii) is less than the release price for the State, the 
     State shall suspend provision of the payments, not earlier 
     than 30 days after the date of the determination, for the 
     following month.
       (2) General authority.--Except as provided in subsection 
     (c), the State shall use funds received through a grant made 
     under section __04 (including a grant increased under section 
     __11(2)) and any funds made available to the State under 
     section 404(d)(4) of the Social Security Act (42 U.S.C. 
     604(d)(4)) to make payments under this division to eligible 
     households.
       (3) Period.--An eligible household with an application 
     approved under section __07 may receive payments under this 
     division for not more than 3 months. The household may submit 
     additional applications under section __07, and may receive 
     payments under this division for not more than 3 months for 
     each such application approved by the State.
       (4) Amount.--The State shall make the payments in amounts 
     of not less than $25, and not more than $75, per month. The 
     State may determine the amount of the payments on a sliding 
     scale, taking into consideration the household income of the 
     eligible households.
       (c) State Administration.--The State may use not more than 
     10 percent of the funds described in subsection (b)(2) to pay 
     for the cost of administering this division.
       (d) Definitions.--In this section:
       (1) Covered grade.--The term ``covered grade'' means the 
     grade of gasoline determined under subsection (a)(1).
       (2) Release price.--The term ``release price'' means the 
     release price calculated under subsection (a)(4)(B).
       (3) Trigger price.--The term ``trigger price'' means the 
     trigger price calculated under subsection (a)(4)(A).

     SEC. __09. TREATMENT OF BENEFITS.

       (a) Income or Resources.--Notwithstanding any other law, 
     the value of any payment provided under this division shall 
     not be treated as income or resources for purposes of--
       (1) any other Federal or federally assisted program that 
     bases eligibility, or the amount of benefits, on need; or
       (2) the Internal Revenue Code of 1986.
       (b) TANF Assistance.--For purposes of part A of title IV of 
     the Social Security Act (42 U.S.C. 601 et seq.), a payment 
     provided under this division shall not be considered to be 
     assistance provided by a State under that part, regardless of 
     whether the State uses funds made available under section 
     404(d)(4) of the Social Security Act (42 U.S.C. 604(d)(4)) to 
     make payments under this division. The period for which such 
     payments are provided under this division shall not be 
     considered to be part of the 60-month period described in 
     section 408(a)(7) of the Social Security Act (42 U.S.C. 
     608(a)(7)).

     SEC. __10. AUTHORITY TO USE FUNDS FOR TEMPORARY ASSISTANCE 
                   FOR NEEDY FAMILIES.

       Section 404(d) of the Social Security Act (42 U.S.C. 
     604(d)) is amended--
       (1) in paragraph (3)(A), by striking ``paragraph (1)'' and 
     inserting ``paragraph (1) or (4)''; and
       (2) by adding at the end the following:
       ``(4) Other state programs.--A State may use funds from any 
     grant made to the State under section 403(a) for a fiscal 
     year to carry out a State program pursuant to the Low-Income 
     Gasoline Assistance Program Act.''.

     SEC. __11. DISCRETIONARY ACTIVITIES BY THE SECRETARY.

       The Secretary of Health and Human Services may reserve not 
     more than 5 percent of the funds appropriated under section 
     __12 for a fiscal year--
       (1) to pay for the cost of administering this division; and
       (2) to increase the cost of a grant made to a State under 
     section __04, in any case in which the Secretary determines 
     that emergency conditions relating to gasoline prices exist 
     in that State.

     SEC. __12. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this division, $250,000,000 for each of fiscal 
     years 2003 through 2007.
       (b) Availability.--Any sums appropriated under subsection 
     (a) for a fiscal year shall remain available until the end of 
     the succeeding fiscal year.
                                  ____

  SA 3047. Mr. CRAIG 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:

       Strike Title II and insert:

                        ``TITLE II--ELECTRICITY

                   ``Subtitle A--Consumer Protections

     ``SEC. 201. INFORMATION DISCLOSURE.

       ``(a) Offers and Solicitations.--The Federal Trade 
     Commission shall issue rules requiring each electric utility 
     that makes an offer to sell electric energy, or solicits 
     electric consumers to purchase electric energy to provide the 
     electric consumer a statement containing the following 
     information:
       ``(1) the nature of the service being offered, including 
     information about interruptibility of service;
       ``(2) the price of the electric energy, including a 
     description of any variable charges;
       ``(3) a description of all other charges associated with 
     the service being offered, including access charges, exit 
     charges, back-up service charges, stranded cost recovery 
     charges, and customer service charges; and
       ``(4) information the Federal Trade Commission determines 
     is technologically and economically feasible to provide, is 
     of assistance to electric consumers in making purchasing 
     decisions, and concerns--
       ``(A) the product or its price;
       ``(B) the share of electric energy that is generated by 
     each fuel type; and
       ``(C) the environmental emissions produced in generating 
     the electric energy.
       ``(b) Periodic Billings.--The Federal Trade Commission 
     shall issue rules requiring any electric utility that sells 
     electric energy to transmit to each of its electric 
     consumers, in addition to the information transmitted 
     pursuant to section 115(f) of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2625(f)), a clear and concise 
     statement containing the information described in subsection 
     (a)(4) for each billing period (unless such information is 
     not reasonably ascertainable by the electric utility).

     ``SEC. 202. CONSUMER PRIVACY.

       ``(a) Prohibition.--The Federal Trade Commission shall 
     issue rules prohibiting any electric utility that obtains 
     consumer information in connection with the sale or delivery 
     of electric energy to an electric consumer from using, 
     disclosing, or permitting access to such information unless 
     the electric consumer to whom such information relates 
     provides prior written approval.
       ``(b) Permitted Use.--The rules issued under this section 
     shall not prohibit any electric utility from using, 
     disclosing, or permitting access to consumer information 
     referred to in subsection (a) for any of the following 
     purposes:
       ``(1) to facilitate an electric consumer's change in 
     selection of an electric utility under procedures approved by 
     the State or State regulatory authority;
       ``(2) to initiate, render, bill, or collect for the sale or 
     delivery of electric energy to electric consumers or for 
     related services;
       ``(3) to protect the rights or property of the person 
     obtaining such information;
       ``(4) to protect retail electric consumers from fraud, 
     abuse, and unlawful subscription in the sale or delivery of 
     electric energy to such consumers;
       ``(5) for law enforcement purposes; or
       ``(6) for purposes of compliance with any Federal, State, 
     or local law or regulation authorizing disclosure of 
     information to a Federal, State, or local agency.
       ``(c) Aggregate Consumer Information.--The rules issued 
     under this subsection may permit a person to use, disclose, 
     and permit access to aggregate consumer information and may 
     require an electric utility to make such information 
     available to other electric utilities upon request and 
     payment of a reasonable fee.
       ``(d) Definitions.--As used in this section:
       ``(1) The term `aggregate consumer information' means 
     collective data that relates to a group or category of retail 
     electric consumers, from which individual consumer identities 
     and characteristics have been removed.
       ``(2) The term `consumer information' means information 
     that relates to the quantity, technical configuration, type, 
     destination, or amount of use of electric energy delivered to 
     any retail electric consumer.

     ``SEC. 203. UNFAIR TRADE PRACTICES.

       ``(a) Slamming.--The Federal Trade Commission shall issue 
     rules prohibiting the change of selection of an electric 
     utility except with the informed consent of the electric 
     consumer.
       ``(b) Cramming.--The Federal Trade Commission shall issue 
     rules prohibiting the sale of goods and services to an 
     electric consumer unless expressly authorized by the law or 
     the electric consumer.

     ``SEC. 204. APPLICABLE PROCEDURES.

       ``The Federal Trade Commission shall proceed in accordance 
     with section 553 of title 5, United States Code, when 
     prescribing a rule required by this subtitle.

     ``SEC. 205. FEDERAL TRADE COMMISSION ENFORCEMENT.

       ``Violation of a rule issued under this subtitle shall be 
     treated as a violation of a rule under section 18 of the 
     Federal Trade Commission Act (15 U.S.C. 57a) respecting 
     unfair or deceptive acts or practices. All functions and 
     powers of the Federal Trade Commission under such Act are 
     available to the Federal Trade Commission to enforce 
     compliance with this subtitle notwithstanding any 
     jurisdictional limits in such Act.

     ``SEC. 206. 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

[[Page 3852]]

     the practices which are the subject of this subtitle.

     ``SEC. 207. DEFINITIONS.

       ``As used in this subtitle:
       ``(1) The term `aggregate consumer information' means 
     collective data that relates to a group or category of 
     electric consumers, from which individual consumer identities 
     and identifying characteristics have been removed.
       ``(2) The term `consumer information' means information 
     that relates to the quantity, technical configuration, type, 
     destination, or amount of use of electric energy delivered to 
     an electric consumer.
       ``(3) The terms `electric consumer', `electric utility', 
     and `State regulatory authority' have the meanings given such 
     terms in section 3 of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 2602).

                   ``Subtitle B--Electric Reliability

     ``SEC. 208. ELECTRIC RELIABILITY.

       ``Part II of the Federal Power Act (16 U.S.C. 824 et seq.) 
     is amended by inserting the following after section 215 as 
     added by this Act:

     ```SEC. 216. ELECTRIC RELIABILITY.

       ```(a) Definitions.--for purposes of this section--
       ```(1) `bulk-power system' means the network of 
     interconnected transmission facilities and generating 
     facilities;
       ```(2) `electric reliability organization' means a self-
     regulating organization certified by the Commission under 
     subsection (c) whose purpose is to promote the reliability of 
     the bulk power system; and
       ```(3) `reliability standard' means a requirement to 
     provide for reliable operation of the bulk power system 
     approved by the Commission under this section.
       ```(b) Jurisdiction and Applicability.--The Commission 
     shall have jurisdiction, within the United States, over an 
     electric reliability organization, any regional entities, and 
     all users, owners and operators of the bulk power system, 
     including but not limited to the entities described in 
     section 201(f), for purposes of approving reliability 
     standards and enforcing compliance with this section. All 
     users, owners and operators of the bulk-power system shall 
     comply with reliability standards that take effect under this 
     section.
       ```(c) Certification.--
       ```(1) The Commission shall issue a final rule to implement 
     the requirements of this section not later than 180 days 
     after the date of enactment of this section.
       ```(2) following the issuance of a Commission rule under 
     paragraph (1), any person may submit an application to the 
     Commission for certification as an electric reliability 
     organization. The Commission may certify an applicant if the 
     Commission determines that the applicant--
       ```(A) has the ability to develop, and enforce reliability 
     standards that provide for an adequate level of reliability 
     of the bulk-power system;
       ```(B) has established rules that--
       ```(i) assure its independence of the users and owners and 
     operators of the bulk power system; while assuring fair 
     stakeholder representation in the selection of its directors 
     and balanced decision-making in any committee or subordinate 
     organizational structure;
       ```(ii) allocate equitably dues, fees, and other charges 
     among end users for all activities under this section;
       ```(iii) provide fair and impartial procedures for 
     enforcement of reliability standards through imposition of 
     penalties (including limitations on activities, functions, or 
     operations; or other appropriate sanctions); and
       ```(iv) provide for reasonable notice and opportunity for 
     public comment, due process, openness, and balance of 
     interests in developing reliability standards and otherwise 
     exercising its duties.
       ```(3) If the Commission receives two or more timely 
     applications that satisfy the requirements of this 
     subsection, the Commission shall approve only the application 
     it concludes will best implement the provisions of this 
     section.
       ```(d) Reliability Standards.--
       ```(1) An electric reliability organization shall file a 
     proposed reliability standard or modification to a 
     reliability standard with the Commission.
       ```(2) The Commission may approve a proposed reliability 
     standard or modification to a reliability standard if it 
     determines that the standard is just, reasonable, not unduly 
     discriminatory or preferential, and in the public interest. 
     The Commission shall give due weight to the technical 
     expertise of the electric reliability organization with 
     respect to the content of a proposed standard or modification 
     to a reliability standard, but shall not defer with respect 
     to its effect on competition.
       ```(3) The electric reliability organization and the 
     Commission shall rebuttably presume that a proposal from a 
     regional entity organized on an interconnection-wide basis 
     for a reliability standard or modification to a reliability 
     standard to be applicable on an Interconnection-wide basis is 
     just, reasonable, and not unduly discriminatory or 
     preferential, and in the public interest.
       ```(4) The Commission shall remand to the electric 
     reliability organization for further consideration a proposed 
     reliability standard or a modification to a reliability 
     standard that the Commission disapproves in whole or in part.
       ```(5) The Commission, upon its own motion or upon 
     complaint, may order an electric reliability organization to 
     submit to the Commission a proposed reliability standard or a 
     modification to a reliability standard that addresses a 
     specific matter if the Commission considers such a new or 
     modified reliability standard appropriate to carry out this 
     section.
       ```(e) Enforcement.--
       ```(1) An electric reliability organization may impose a 
     penalty on a user or owner or operator of the bulk power 
     system if the electric reliability organization, after notice 
     and an opportunity for a hearing--
       ```(A) finds that the user or owner or operator of the bulk 
     power system has violated a reliability standard approved by 
     the Commission under subsection (d); and
       ```(B) files notice with the Commission, which shall 
     affirm, set aside or modify the action.
       ```(2) On its own motion or upon complaint, the Commission 
     may order compliance with a reliability standard and may 
     impose a penalty against a user or owner or operator of the 
     bulk power system, if the Commission finds, after notice and 
     opportunity for a hearing, that the user or owner or operator 
     of the bulk power system has violated or threatens to violate 
     a reliability standard.
       ```(3) The Commission shall establish regulations 
     authorizing the electric reliability organization to enter 
     into an agreement to delegate authority to a regional entity 
     for the purpose of proposing and enforcing reliability 
     standards (including related activities) if the regional 
     entity satisfies the provisions of subsection (c)(2)(A) and 
     (B) and the agreement promotes effective and efficient 
     administration of bulk power system reliability, and may 
     modify such delegation. The electric reliability organization 
     and the Commission shall rebuttably presume that a proposal 
     for delegation to a regional entity organized on an 
     interconnection-wide basis promotes effective and efficient 
     administration of bulk power system reliability and should be 
     approved. Such regulation may provide that the Commission may 
     assign the electric reliability organization's authority to 
     enforce reliability standards directly to a regional entity 
     consistent with the requirements of this paragraph.
       ```(4) The Commission may take such action as is necessary 
     or appropriate against the electric reliability organization 
     or a regional entity to ensure compliance with a reliability 
     standard or any Commission order affecting the electric 
     reliability organization or a regional entity.
       ```(f) Changes in Electricity Reliability Organizations 
     Rules.--An electric reliability organization shall file with 
     the Commission for approval any proposed rule or proposed 
     rule change, accompanied by an explanation of its basis and 
     purpose. The Commission, upon its own motion or complaint, 
     may propose a change to the rules of the electric reliability 
     organization. A proposed rule or proposed rule change shall 
     take effect upon a finding by the Commission, after notice 
     and opportunity for comment, that the change is just, 
     reasonable, not unduly discriminatory or preferential, is in 
     the public interest, and satisfies the requirements of 
     subsection (c)(2).
       ```(g) Coordination With Canada and Mexico.--
       ```(1) The electric reliability organization shall take all 
     appropriate steps to gain recognition in Canada and Mexico.
       ```(2) The President shall use his best efforts to enter 
     into international agreements with the governments of Canada 
     and Mexico to provide for effective compliance with 
     reliability standards and the effectiveness of the electric 
     reliability organization in the United States and Canada or 
     Mexico.
       ```(h) Reliability Reports.--The electric reliability 
     organization shall conduct periodic assessments of the 
     reliability and adequacy of the interconnected bulk-power 
     system in North America.
       ```(i) Savings Provisions.--
       ```(1) The electric reliability organization shall have 
     authority to develop and enforce compliance with standards 
     for the reliable operation of only the bulk-power system.
       ```(2) This section does not provide the electric 
     reliability organization or the Commission with the authority 
     to order the construction of additional generation or 
     transmission capacity or to set and enforce compliance with 
     standards for adequacy or safety of electric facilities or 
     services.
       ```(3) Nothing in this section shall be construed to 
     preempt any authority of any State to take action to ensure 
     the safety, adequacy, and reliability of electric service 
     within that State, as long as such action is not inconsistent 
     with any reliability standard.
       ```(4) Within 90 days of the application of the electric 
     reliability organization or other affected party, and after 
     notice and opportunity for comment, the Commission shall 
     issue a final order determining whether a state action is 
     inconsistent with a reliability standard, taking into 
     consideration any recommendations of the electric reliability 
     organization.

[[Page 3853]]

       ```(5) The Commission, after consultation with the electric 
     reliability organization, may stay the effectiveness of any 
     state action, pending the Commission's issuance of a final 
     order.
       ```(j) Application of Antitrust Laws.--
       ```(1) In general.--To the extend undertaken to develop, 
     implement, or enforce a reliability standard, each of the 
     following activities shall not, in any action under the 
     antitrust laws, be deemed illegal per se:
       ```(A) activities undertaken by an electric reliability 
     organization under this section, and
       ```(B) activities of a user or owner or operator of the 
     bulk power system undertaken in good faith under the rules of 
     an electric reliability organization.
       ```(2) Rule of reason.--In any action under the antitrust 
     laws, an activity described in paragraph (1) shall be judged 
     on the basis of its reasonableness, taking into account all 
     relevant factors affecting competition and reliability.
       ```(3) Definition.--For purposes of this subsection. 
     `antitrust laws' has the meaning given the term in subsection 
     (a) of the first section of the Clayton Act (15 U.S.C. 
     12(a)), except that it includes section 5 of the Federal 
     Trade Commission Act (15 U.S.C. 45) to the extent that 
     section 5 applies to unfair methods of competition.
       ```(k) Regional Advisory Bodies.--The Commission shall 
     establish a regional advisory body on the petition of at 
     least two-thirds of the States within a region that have more 
     than one-half of their electric load served within the 
     region. A regional advisory body shall be composed of one 
     member from each participating State in the region, appointed 
     by the Governor of each State, and may include 
     representatives of agencies, States, and provinces outside 
     the United States. A regional advisory body may provide 
     advice to the electric reliability organization, a regional 
     reliability entity, or the Commission regarding the 
     governance of an existing or proposed regional reliability 
     entity within the same region, whether a standard proposed to 
     apply within the region is just, reasonable, not unduly 
     discriminatory or preferential, and in the public interest, 
     whether fees proposed to be assessed within the region are 
     just, reasonable, not unduly discriminatory or preferential, 
     and in the public interest and any other responsibilities 
     requested by the Commission. The Commission may give 
     deference to the advice of any such regional advisory body if 
     that body is organized on an interconnection-wide basis.
       ```(l) Application to Alaska and Hawaii.--The provisions of 
     this section do not apply to Alaska and Hawaii.''
                                  ____

  SA 3048. Mr. SMITH of Oregon 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 Section 929, insert the following:

     ``SEC.  . STUDY OF ENERGY EFFICIENCY STANDARDS.

       ``(1) The Secretary of Energy is directed to contract with 
     the National Academy of Sciences for a study, to be completed 
     within one year of enactment of this Act, to examine whether 
     the goals of energy efficiency standards are best served by 
     measurement of energy consumed, and efficiency improvements, 
     at the actual site of energy consumption, or through the full 
     fuel cycle, beginning at the source of energy production. The 
     Secretary shall submit the report of the Academy to the 
     Committee on Energy and Commerce of the House of 
     Representatives and Committee on Energy and Natural Resources 
     of the Senate.
       ``(2) There are authorized such sums as are necessary for 
     carrying out the study authorized in this section.''
       Renumber subsequent subsections accordingly.
                                  ____

  SA 3049. Mr. CRAIG proposed an amendment to amendment SA 3016 
proposed by Mr. Bingaman to the 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 6, strike line 9 and all that follows through line 
     15 and insert the following:
       ``The term `biomass' means any organic material that is 
     available on a renewable or recurring basis, including 
     dedicated energy crops, trees grown for energy production, 
     wood waste and wood residues, plants (including aquatic 
     plants, grasses, and agricultural crops), residues, fibers, 
     animal wastes and other organic waste materials, and fats and 
     oils, except that with respect to material removed from 
     National Forest System lands the term includes only organic 
     material from--
       ``(A) thinnings from trees that are less than 12 inches in 
     diameter;
       ``(B) slash;
       ``(C) brush; and
       ``(D) mill residues.''.
                                  ____

  SA 3050. Ms. LANDRIEU (for herself and Mr. Kyl) 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:

     SEC.   . PARTICIPANT-FUNDED INVESTMENT.

       Section 205 of the Federal Power Act is amended by 
     inserting after subsection (h) the following:
       ``(i) Transmission Expansion Costs.--
       ``(1) Rates for transmission expansion.--Upon the request 
     of a Regional Transmission Organization, or any transmission 
     entity operating within an RTO that is authorized by the 
     Commission, the Commission shall authorize the recovery of 
     costs on a participant-funding basis of transmission 
     facilities that increase the transfer capability of the 
     transmission system. The Commission shall not authorize the 
     recovery of costs in rates on a rolled-in basis for such 
     transmission facilities unless the Commission finds that, 
     based upon substantial evidence--
       ``(A) the transmission investment is identified and 
     incorporated in the regional transmission plan of a FERC 
     approval regional transmission organization;
       ``(B) participant funding for the investment is not 
     feasible because the beneficiaries of the investment cannot 
     be identified; and
       ``(C) the transmission investment is necessary to maintain 
     reliability of the transmission grid within the area covered 
     by the regional transmission organization.
       ``(2) Participant-funded.--The term `participant-funded' 
     means an investment in the transmission system of a regional 
     transmission organization or any Commission authorized entity 
     operating within the RTO that--
       ``(A) increases the transfer capability of the transmission 
     system; and
       ``(B) is paid for by an entity that, in return for payment 
     receives the tradable transmission rights created by the 
     investment.
       ``(3) Tradable transmission right.--The term `tradable 
     transmission right' means the right of the holder of such 
     right to avoid payment of, or have rebated, transmission 
     congestion charges on the transmission system of a regional 
     transmission organization, or the right to use a specified 
     capacity of such transmission system without payment of 
     transmission congestion charges.
       ``(4) Regional transmission organization facilitation.--
       ``(A) In general.--To encourage the regional transmission 
     organization or any Commission-authorized transmission entity 
     operating within the RTO to identify participant-funded 
     investment, the Commission shall allow a regional 
     transmission organization or any entity constructing a 
     participant funded project within the RTO to--
       ``(i) receive a share of the value of the tradable 
     transmission rights created by the participant-funded 
     expansion; or
       ``(ii) receive a development fee.''.
                                  ____

  SA 3051. Mr. FITZGERALD 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:

       Beginning on page 64, strike line 9 and all that follows 
     through page 65, line 2, and insert the following:
       (a) Definitions.--In this section:
       (1) Biomass.--The term ``biomass'' means--
       (A) organic material from a plant that is planted for the 
     purpose of being used to produce energy; and
       (B) nonhazardous, lignocellulosic or hemicellulosic matter 
     or agricultural animal waste material that is segregated from 
     other waste material and is derived from--
       (i) forest-related--

       (I) harvesting residue;
       (II) precommercial thinnings;
       (III) slash; or
       (IV) brush;

       (ii) an agricultural crop, crop byproduct, or residue 
     resource (not including vegetation produced on land enrolled 
     in the conservation reserve program under subchapter B of 
     chapter 1 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3831 et seq.) if harvesting the vegetation 
     would be inconsistent with the environmental purposes of the 
     program);
       (iii) miscellaneous waste such as landscape or right-of-way 
     tree trimmings, but not including--

[[Page 3854]]

       (I) incinerated municipal solid waste;
       (II) recyclable postconsumer waste paper;
       (III) painted, treated, or pressurized wood;
       (IV) wood contaminated with plastic or metal; or
       (V) tires; or

       (iv) animal waste from an animal feeding operation with not 
     more than 1,000 animal units.
       (2) Renewable energy.--The term ``renewable energy'' means 
     electric energy generated from--
       (A) a solar, wind, biomass, geothermal, or fuel cell 
     source; or
       (B)(i) additional hydroelectric generation capacity 
     achieved from increased efficiency; or
       (ii) an addition of new capacity at a hydroelectric dam in 
     existence on the date of enactment of this Act.
       (b) Requirement.--
       (1) In general.--The President shall ensure that, of the 
     total amount of electric energy that all Federal agencies, in 
     the aggregate, consume during any fiscal year--
       (A) not less than 3 percent in fiscal years 2003 through 
     2004;
       (B) not less than 5 percent in fiscal years 2005 through 
     2009; and
       (C) not less than 7.5 percent in fiscal year 2010 and each 
     fiscal year thereafter;
     shall be renewable energy.
       (2) Innovative purchasing practices.--In carrying out 
     paragraph (1), the President shall encourage Federal agencies 
     to use innovative purchasing practices, including aggregation 
     and the use of renewable energy derivatives.
       On page 73, between lines 9 and 10, insert the following:
       ``(1) Biomass.--The term `biomass' means--
       ``(A) organic material from a plant that is planted for the 
     purpose of being used to produce energy; and
       ``(B) nonhazardous, lignocellulosic or hemicellulosic 
     matter or agricultural animal waste material that is 
     segregated from other waste material and is derived from--
       ``(i) forest-related--

       ``(I) harvesting residue;
       ``(II) precommercial thinnings;
       ``(III) slash; or
       ``(IV) brush;

       ``(ii) an agricultural crop, crop byproduct, or residue 
     resource (not including vegetation produced on land enrolled 
     in the conservation reserve program under subchapter B of 
     chapter 1 of subtitle D of title XII of the Food Security Act 
     of 1985 (16 U.S.C. 3831 et seq.) if harvesting the vegetation 
     would be inconsistent with the environmental purposes of the 
     program);
       ``(iii) miscellaneous waste such as landscape or right-of-
     way tree trimmings, but not including--

       ``(I) incinerated municipal solid waste;
       ``(II) recyclable postconsumer waste paper;
       ``(III) painted, treated, or pressurized wood;
       ``(IV) wood contaminated with plastic or metal; or
       ``(V) tires; or

       ``(iv) animal waste from an animal feeding operation with 
     not more than 1,000 animal units.
                                  ____

  SA 3052. Mr. MURKOWSKI proposed an amendment to amendment SA 3016 
proposed by Mr. Bingaman to the 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 6, on line 6, strike ``mix.'' and insert ``mix. The 
     provisions of this section shall not apply to any retail 
     electric supplier in any State that adopts or has adopted a 
     renewable energy portfolio program.''
                                  ____

  SA 3053. 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, add the following:

                  DIVISION __--MISCELLANEOUS PROVISIONS

                      TITLE __--GENERAL PROVISIONS

      SEC. __. REVIEW OF FEDERAL PROCUREMENT INITIATIVES RELATING 
                   TO USE OF RECYCLED PRODUCTS AND FLEET AND 
                   TRANSPORTATION EFFICIENCY.

       Not later than 180 days after the date of enactment of this 
     Act, the Administrator of General Services shall submit to 
     Congress a report that details efforts by each Federal agency 
     to implement the procurement policies specified in Executive 
     Order No. 13101 (63 Fed. Reg. 49643; relating to governmental 
     use of recycled products) and Executive Order No. 13149 (65 
     Fed. Reg. 24607; relating to Federal fleet and transportation 
     efficiency).
                                  ____

  SA 3054. 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 area 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:

       Beginning on page 222, strike lines 5 through 10 and insert 
     the following:
       ``(A) Prohibition.--Subject to subparagraph (E), the use of 
     methyl tertiary butyl ether in motor vehicle fuel--
       ``(i) in any State that has received a waiver under section 
     209(b), is prohibited effective January 1, 2003; and
       ``(ii) in any State not described in clause (i) (other than 
     a State described in subparagraph (C)), is prohibited not 
     later than 4 years after the date of enactment of this 
     paragraph.
                                  ____

  SA 3055. 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 area 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, add the following:
                      DIVISION __-- MISCELLANEOUS
                           TITLE __--GENERAL

     SEC. __. INTERSTATE DAIRY COMPACTS.

         Notwithstanding any other provision of law, a State 
     located in Petroleum Administration for Defense District 1 
     shall not enter into an interstate dairy compact.
                                  ____

  SA 3056. 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:

       Beginning on page 213, strike line 16 and all that follows 
     through page 218, line 14.
       Beginning on page 219, strike line 18 and all that follows 
     through page 224, line 17 and insert the following:
       (6) in recent years, MTBE has been detected in water 
     sources throughout the United States;
       (7) MTBE can be detected by smell and taste at low 
     concentrations;
       (8) while small quantities of MTBE can render water 
     supplies unpalatable, the precise human health effects of 
     MTBE consumption at low levels are yet unknown;
       (9) in the report entitled ``Achieving Clean Air and Clean 
     Water: The Report of the Blue Ribbon Panel on Oxygenates in 
     Gasoline'' and dated September 1999, Congress was urged--
       (A) to eliminate the fuel oxygenate standard; and
       (B) to greatly reduce use of MTBE;
       (10) Congress has--
       (A) reconsidered the relative value of MTBE in gasoline; 
     and
       (B) decided to eliminate use of MTBE as a fuel additive;
       (11) the timeline for elimination of use of MTBE as a fuel 
     additive must be established in a manner that achieves an 
     appropriate balance among the goals of--
       (A) adequate energy supply; and
       (B) reasonable fuel prices; and
       (12) it is appropriate for Congress to provide some limited 
     transition assistance--
       (A) to merchant producers of MTBE who produced MTBE in 
     response to a market created by the oxygenate requirement 
     contained in the Clean Air Act (42 U.S.C. 7401 et seq.); and
       (B) for the purpose of mitigating any fuel supply problems 
     that may result from elimination of a widely-used fuel 
     additive.
       (b) Purposes.--The purposes of this section are--
       (1) to eliminate use of MTBE as a fuel oxygenate; and
       (2) to provide assistance to merchant producers of MTBE in 
     making the transition from producing MTBE to producing other 
     fuel additives.
       (c) Authority for Water Quality Protection From Fuels.--
     Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is 
     amended by adding at the end the following:
       ``(5) Prohibition on use of mtbe.--
       ``(A) In general.--Subject to subparagraph (E), not later 
     than 4 years after the date of enactment of this paragraph, 
     the use of methyl tertiary butyl ether in motor vehicle fuel 
     in any State other than a State described in subparagraph (C) 
     is prohibited.
       ``(B) Regulations.--The Administrator shall promulgate 
     regulations to effect the prohibition in subparagraph (A).
       ``(C) States that authorize use.--A State described in this 
     subparagraph is a State that submits to the Administrator a 
     notice

[[Page 3855]]

     that the State authorizes use of methyl tertiary butyl ether 
     in motor vehicle fuel sold or used in the State.
       ``(D) Publication of notice.--The Administrator shall 
     publish in the Federal Register each notice submitted by a 
     State under subparagraph (C).
       ``(E) Trace quantities.--In carrying out subparagraph (A), 
     the Administrator may allow trace quantities of methyl 
     tertiary butyl ether, not to exceed 0.5 percent by volume, to 
     be present in motor vehicle fuel in cases that the 
     Administrator determines to be appropriate.
       ``(6) MTBE merchant producer conversion assistance.--
       ``(A) In general.--The Secretary of Energy may make grants 
     to merchant producers of methyl tertiary butyl ether in the 
     United States to assist the producers in the conversion of 
     eligible production facilities described in subparagraph (B) 
     to--
       ``(i) the production of iso-octane and alkylates; and
       ``(ii) the production of such other fuel additives as will 
     contribute to replacing quantities of motor fuel rendered 
     unavailable as a result of paragraph (5).
       On page 224, line 18, strike ``(C)'' and insert ``(B)''.
       On page 225, line 10, strike ``(D)'' and insert ``(C)''.
       Beginning on page 227, strike line 3 and all that follows 
     through page 232, line 24.
       On page 233, line 1, strike ``(d)'' and insert ``(b)''.
       Beginning on page 233, strike line 6 and all that follows 
     through page 244, line 23, and insert the following:

     SEC. 8__. FUEL SYSTEM REQUIREMENTS HARMONIZATION STUDY.

       (a) Study.--
       (1) In general.--The Secretary of Energy shall conduct a 
     study of Federal, State, and local requirements concerning 
     motor vehicle fuels, including--
       (A) requirements relating to reformulated gasoline, 
     volatility (measured in Reid vapor pressure), oxygenated 
     fuel, and diesel fuel; and
       (B) other requirements that vary from State to State, 
     region to region, or locality to locality.
       (2) Required elements.--The study shall assess--
       (A) the effect of the variety of requirements described in 
     paragraph (1) on the supply, quality, and price of motor 
     vehicle fuels available to the consumer;
       (B) the effect of Federal, State, and local motor vehicle 
     fuel regulations, including multiple motor vehicle fuel 
     requirements, on--
       (i) domestic refineries;
       (ii) the fuel distribution system; and
       (iii) industry investment in new capacity;
       (C) the effect of the requirements described in paragraph 
     (1) on emissions from vehicles, refineries, and fuel handling 
     facilities; and
       (D) the feasibility of developing national or regional 
     motor vehicle fuel slates for the 48 contiguous States that 
     could--
       (i) enhance flexibility in the fuel distribution 
     infrastructure and improve fuel fungibility;
       (ii) reduce price volatility and costs to consumers and 
     producers;
       (iii) provide increased liquidity to the gasoline market; 
     and
       (iv) enhance fuel quality, consistency, and supply.
       (b) Report.--
       (1) In general.--Not later than June 1, 2006, the Secretary 
     of Energy shall submit to Congress a report on the results of 
     the study conducted under subsection (a).
       (2) Recommendations.--
       (A) In general.--The report shall contain recommendations 
     for legislative and administrative actions that may be 
     taken--
       (i) to improve air quality;
       (ii) to reduce costs to consumers and producers; and
       (iii) to increase supply liquidity.
       (B) Required considerations.--The recommendations under 
     subparagraph (A) shall take into account the need to provide 
     advance notice of required modifications to refinery and fuel 
     distribution systems in order to ensure an adequate supply of 
     motor vehicle fuel in all States.
       (3) Consultation.--In developing the report, the Secretary 
     of Energy shall consult with--
       (A) the Governors of the States;
       (B) automobile manufacturers; and
       (C) motor vehicle fuel producers and distributors.
                                  ____

  SA 3057. Mr. KYL (for himself and Mr. Helms) proposed an amendment to 
amendment SA 3016 proposed by Mr. Bingaman to the 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 9 after line 7 insert:
       ``(n) Protection of Consumers.--Upon certification by the 
     Governor of a State to the Secretary of Energy that the 
     application of the Federal renewable portfolio standard would 
     adversely affect consumers in such State, the requirements of 
     this section shall not apply to retail electric sellers in 
     such State. Such suspension shall continue until 
     certification by the Governor of the State to the Secretary 
     of Energy that consumers in such State would no longer be 
     adversely affected by the application of the provisions of 
     this section.''
                                  ____

  SA 3058. Ms. COLLINS (for herself and Ms. Snowe) proposed an 
amendment to amendment SA 3016 proposed by Mr. Bingaman to the 
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 8 line 15, delete the period and add ``, or the 
     additional generation above average generation in the three 
     years preceding the date of enactment of this section, to 
     expand electricity production at a facility used to generate 
     electric energy from a renewable energy resource or to cofire 
     biomass that was placed in service before the date of 
     enactment of this section.''
                                  ____

  SA 3059. Mr. BINGAMAN 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 307, after line 3, insert the following:

                Subtitle E--Rural and Remote Communities

     SEC. 941. SHORT TITLE.

       This subtitle may be cited as the ``Rural and Remote 
     Community Fairness Act''.

     SEC. 942. RURAL AND REMOTE COMMUNITY DEVELOPMENT BLOCK 
                   GRANTS.

       The Housing and Community Development Act of 1974 (Public 
     Law 93-383), is amended by adding at the end the following:

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

     ``SEC. 901. FINDINGS AND PURPOSE.

       ``(a) Findings.--The Congress finds 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;
       ``(3) in the past, Federal assistance has been instrumental 
     in establishing electric and other utility service in many 
     developing regions of the Nation, 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.
       ``(a) 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:
       ``(1) 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 State 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.
       ``(2) 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.
       ``(3) the term `Native American group' means any Indian 
     tribe, band, group, and nation, including Alaska Indians, 
     Aleuts, and

[[Page 3856]]

     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.
       ``(4) The term `Secretary' means the Secretary of Housing 
     and Urban Development.
       ``(5) 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.
       ``(6) 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.
       ``(7) 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. AUTHORIZATION OF APPROPRIATIONS.

       ``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) Statement of Objectives and Projected Use.--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) Public Notice.--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 are for the preparation 
     and submission of such statement.
       ``(c) Performance and Evaluation Report.--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) Retention of Income.--
       ``(1) In general.--Any rural and remote community may 
     retain any program income that is realized from any grant 
     made by the Secretary under section 906 if--
       ``(A) such income was realized after the initial 
     disbursement of the funds received by such unit of general 
     local government under such section; and
       ``(B) 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.
       ``(2) Exception.--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 adminstrative burden on the rural and remote 
     community.

     SEC. 905. ELIGIBLE ACTIVITIES.

       ``(a) Activities Included.--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 
     community;
       ``(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 or 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) Activities Undertaken Through Electric Utilities.--
     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 for 
     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 scales through consolidation of services, affiliation and 
     regionalization of eligible activities under this title.

     ``SEC. 907. REMEDIES FOR NONCOMPLIANCE.

       ``The provisions of section 111 of the Housing and 
     Community Development Act of 1974 (42 U.S.C. 5311) shall 
     apply to assistance distributed under this title.''.

     SEC. 943. RURAL AND REMOTE COMMUNITIES ELECTRIFICATION 
                   GRANTS.

       Section 313 of the Rural Electrification Act of 1936 (7 
     U.S.C. 940c) is amended by adding after subsection (b) the 
     following:
       ``(c) Rural and Remote Communities Electrification 
     Grants.--The Secretary of Agriculture, in consultation with 
     the Secretary of Energy and the Secretary of the Interior, 
     may provide grants under this Act for the purpose of 
     increasing energy efficiency, siting or upgrading 
     transmission and distribution lines, or providing or 
     modernizing electric facilities to--
       ``(1) a unit of local government of a State or territory; 
     or
       ``(2) an Indian tribe or Tribal College or University as 
     defined in section 316(b)(3) of the Higher Education Act (20 
     U.S.C. 1059c(b)(3)).
       ``(d) Grant Criteria.--The Secretary shall make grants 
     based on a determination of cost-effectiveness and most 
     effective use of the funds to achieve the stated purposes of 
     this section.
       ``(e) Preference.--In making grants under this section, the 
     Secretary shall give a preference to renewable energy 
     facilities.
       ``(f) Definition.--For purposes of this section, 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.
       ``(e) Authorization.--For the purpose of carrying out 
     subsection (c), there are authorized to be appropriated to 
     the Secretary

[[Page 3857]]

     $20,000,000 for each of the seven fiscal years following the 
     date of enactment of this subsection.''.

     SEC. 944. AUTHORIZATION OF APPROPRIATIONS.

       There is hereby authorized to be appropriated $5,000,000 
     for each of fiscal years 2003 through 2009 to the Denali 
     Commission established by the Denali Commission Act of 1998 
     (42 U.S.C. 3121 note) for the purposes of funding the power 
     cost equalization program.

     SEC. 945. RURAL RECOVERY COMMUNITY DEVELOPMENT BLOCK GRANTS.

       Title I of the Housing and Community Development Act of 
     1974 (42 U.S.C. 5301-5321) 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 Nation 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) Eligibility 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, community 
     association, or other entity, that is approved by the 
     Secretary for the purpose of providing public facilities or 
     services to a new community.
       ``(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
       ``(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.
       ``(2) 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);

[[Page 3858]]

       ``(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 appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2003 through 2009.''.
                                  ____

  SA 3060. Mr. BINGAMAN 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 65, strike line 18 and all that follows through 
     page 67, line 4.
                                  ____

  SA 3061. Mr. BINGAMAN 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 121, line 24, strike ``and'' and all that follows 
     through page 122, line 2 and insert:
       ``(5) to any person for national security purposes, as 
     determined by the Secretary; and
       ``(6) to a uranium mill licensed by the Commission for the 
     purpose of recycling uranium-bearing material.''.
                                  ____

  SA 3062. Mr. BINGAMAN (for Ms. Cantwell) 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 289, after line 4, insert the following:
       ``(41) The term `traffic signal module' means a standard 8-
     inch (200mm) or 12-inch (300mm) traffic signal indication, 
     consisting of a light source, a lens, and all other parts 
     necessary for operation, that communicates movement messages 
     to drivers through red, amber, and green colors.''
                                  ____

  SA 3063. Ms. CANTWELL 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 289, after line 21, insert the following:
       ``(11) Test procedures for traffic signal modules shall be 
     based on the test method used under the Energy Star program 
     of the Environmental Protection Agency for traffic signal 
     modules, as in effect on the date of enactment of this 
     paragraph.''
                                  ____

  SA 3064. Mr. BINGAMAN (for Ms. Cantwell) 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 301, after line 5, insert the following:
       ``(z) Traffic Signal Modules.--Traffic signal modules 
     manufactured on or after January 1, 2006 shall meet the 
     performance requirements used under the Energy Star program 
     of the Environmental Protection Agency for traffic signals, 
     as in effect on the date of enactment of this paragraph, and 
     shall be installed with compatible, electrically-connected 
     signal control interface devices and conflict monitoring 
     systems.''
                                  ____

  SA 3065. Mr. BINGAMAN (for Ms. Cantwell) (for himself and Mr. Smith 
of Oregon)) 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 60, lines 20-23, strike ``an electricity-generating 
     cooperative exempt from taxation under section 501(c)(12) or 
     section 1281(a)(2)(C) of the Internal Revenue Code of 1986'' 
     and inserting ``a nonprofit electrical cooperative''.
                                  ____

  SA 3066. Mr. MURKOWSKI (for Mr. Inhofe) 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 407, line 4, after ``including'', insert ``flexible 
     alternating current transmission systems,''.
                                  ____

  SA 3067. Mr. BINGAMAN (for Mr. Bayh) 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 568, line 20, insert ``geothermal heat pump 
     technology,'' before ``and energy recovery''.
                                  ____

  SA 3068. Mr. BINGAMAN (for Mr. Akaka) 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 574, following line 11, insert the following:

     SEC. 1704. UPDATING OF INSULAR AREA RENEWABLE ENERGY AND 
                   ENERGY EFFICIENCY PLANS.

       Section 604 of Public Law 96-597 (48 U.S.C. 1492) is 
     amended--
       (1) in subsection (a) at the end of paragraph (4) by 
     striking ``resources.'' and inserting ``resources; and
       ``(5) the development of renewable energy and energy 
     efficiency technologies since publication of the 1982 
     Territorial Energy Assessment prepared under subsection (c) 
     reveals the need to reassess the state of energy production, 
     consumption, efficiency, infrastructure, reliance on imported 
     energy, and potential of the indigenous renewable energy 
     resources and energy efficiency in regard to the insular 
     areas.''; and
       (2) by adding at the end of subsection (e) ``The Secretary 
     of Energy, in consultation with the Secretary of the Interior 
     and the chief executive officer of each insular area, shall 
     update the plans required under subsection (c) and draft 
     long-term energy plans for each insular area that will 
     reduce, to the extent feasible, the reliance of the insular 
     area on energy imports by the year 2010, and maximize, to the 
     extent feasible, use of renewable energy resources and energy 
     efficiency opportunities. Not later than December 31, 2002, 
     the Secretary of Energy shall submit the updated plans to 
     Congress.''.
                                  ____

  SA 3069. Mr. BINGAMAN (for himself 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 136, strike line 1 and all that follows through 
     page 148, line 2 and insert the following:

                    TITLE VII--NATURAL GAS PIPELINES

                Subtitle A--Alaska Natural Gas Pipeline

     SEC. 701. SHORT TITLE.

       This subtitle may be cited as the ``Alaska Natural Gas 
     Pipeline Act of 2002''.

     SEC. 702. FINDINGS.

       The Congress finds that:
       (1) Construction of a natural gas pipeline system from the 
     Alaskan North Slope to United States markets is in the 
     national interest and will enhance national energy security 
     by providing access to the significant gas reserves in Alaska 
     needed to meet the anticipated demand for natural gas.

[[Page 3859]]

       (2) The Commission issued a conditional certificate of 
     public convenience and necessity for the Alaska Natural Gas 
     Transportation System, which remains in effect.

     SEC. 703. PURPOSES.

       The purposes of this subtitle are--
       (1) to provide a statutory framework for the expedited 
     approval, construction, and initial operation of an Alaska 
     natural gas transportation project, as an alternative to the 
     framework provided in the Alaska Natural Gas Transportation 
     Act of 1976 (15 U.S.C. 719-719o), which remains in effect;
       (2) to establish a process for providing access to such 
     transportation project in order to promote competition in the 
     exploration, development and production of Alaska natural 
     gas;
       (3) to clarify federal authorities under the Alaska Natural 
     Gas Transportation Act; and
       (4) to authorize federal financial assistance to an Alaska 
     natural gas transportation project as provided in this 
     subtitle.

     SEC. 704. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND 
                   NECESSITY.

       (a) Authority of the Commission.--Notwithstanding the 
     provisions of the Alaska Natural Gas Transportation Act of 
     1976 (15 U.S.C. 719-719o), the Commission may, pursuant to 
     section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)), 
     consider and act on an application for the issuance of a 
     certificate of public convenience and necessity authorizing 
     the construction and operation of an Alaska natural gas 
     transportation project other than the Alaska Natural Gas 
     Transportation System.
       (b) Issuance of Certificate.--
       (1) The Commission shall issue a certificate of public 
     convenience and necessity authorizing the construction and 
     operation of an Alaska natural gas transportation project 
     under this section if the applicant has satisfied the 
     requirements of section 7(e) of the Natural Gas Act (15 
     U.S.C. 717f(e)).
       (2) In considering an application under this section, the 
     Commission shall presume that--
       (A) a public need exists to construct and operate the 
     proposed Alaska natural gas transportation project; and
       (B) sufficient downstream capacity will exist to transport 
     the Alaska natural gas moving through such project to markets 
     in the contiguous United States.
       (c) Expedited Approval Process.--The Commission shall issue 
     a final order granting or denying any application for a 
     certificate of public and convenience and necessity under 
     section 7(c) of the Natural Gas Act (15 U.S.C. 717f(c)) and 
     this section not more than 60 days after the issuance of the 
     final environmental impact statement for that project 
     pursuant to section 705.
       (d) Prohibition on Certain Pipeline Route.--No license, 
     permit, lease, right-of-way, authorization or other approval 
     required under Federal law for the construction of any 
     pipeline to transport natural gas from lands within the 
     Prudhoe Bay oil and gas lease area may be granted for any 
     pipeline that follows a route that traverses--
       (1) the submerged lands (as defined by the Submerged Lands 
     Act) beneath, or the adjacent shoreline of, the Beaufort Sea; 
     and
       (2) enters Canada at any point north of 68 degrees North 
     latitude.
       (e) Open Season.--Except where an expansion is ordered 
     pursuant to section 706, initial or expansion capacity on any 
     Alaska natural gas transportation project shall be allocated 
     in accordance with procedures to be established by the 
     Commission in regulations governing the conduct of open 
     seasons for such project. Such procedures shall include the 
     criteria for and timing of any open seasons, be consistent 
     with the purposes set forth in section 703(2) and, for any 
     open season for capacity beyond the initial capacity, provide 
     the opportunity for the transportation of natural gas other 
     than from the Prudhoe Bay and Point Thompson units. The 
     Commission shall issue such regulations no later than 120 
     days after the enactment of this subtitle.
       (f) Projects in the Contiguous United States.--Applications 
     for additional or expanded pipeline facilities that may be 
     required to transport Alaska natural gas from Canada to 
     markets in the contiguous United States may be made pursuant 
     to the Natural Gas Act. To the extent such pipeline 
     facilities include the expansion of any facility constructed 
     pursuant to the Alaska Natural Gas Transportation Act of 
     1976, the provisions of that Act shall continue to apply.
       (g) Study of in-State Needs.--The holder of the certificate 
     of public convenience and necessity issued, modified, or 
     amended by the Commission for an Alaska natural gas 
     transportation project shall demonstrate that it has 
     conducted a study of Alaska in-state needs, including tie-in 
     points along the Alaska natural gas transportation project 
     for in-state access.
       (h) Alaska Royalty Gas.--The Commission, upon the request 
     of the State of Alaska and after a hearing, may provide for 
     reasonable access to the Alaska natural gas transportation 
     project for the State of Alaska or its designee for the 
     transportation of the State's royalty gas for local 
     consumption needs within the State, provided that the rates 
     of existing shippers of subscribed capacity on such project 
     shall not be increased as a result of such access.
       (i) Regulations.--The Commission may issue regulations to 
     carry out the provisions of this section.

     SEC. 705. ENVIRONMENTAL REVIEWS.

       (a) Compliance With NEPA.--The issuance of a certificate of 
     public convenience and necessity authorizing the construction 
     and operation of any Alaska natural gas transportation 
     project under section 704 shall be treated as a major federal 
     action significantly affecting the quality of the human 
     environment within the meaning of section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C).
       (b) Designation of Lead Agency.--The Commission shall be 
     the lead agency for purposes of complying with the National 
     Environmental Policy Act of 1969, and shall be responsible 
     for preparing the statement required by section 102(2)(c) of 
     that Act (42 U.S.C. 4332(2)(c)) with respect to an Alaska 
     natural gas transportation project under section 704. The 
     Commission shall prepare a single environmental statement 
     under this section, which shall consolidate the environmental 
     reviews of all Federal agencies considering any aspect of the 
     project.
       (c) Other Agencies.--All Federal agencies considering 
     aspects of the construction and operation of an Alaska 
     natural gas transportation project under section 704 shall 
     cooperate with the Commission, and shall comply with 
     deadlines established by the Commission in the preparation of 
     the statement under this section. The statement prepared 
     under this section shall be used by all such agencies to 
     satisfy their responsibilities under section 102(2)(C) of the 
     National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)) with respect to such project.
       (d) Expedited Process.--The Commission shall issue a draft 
     statement under this section not later than 12 months after 
     the Commission determines the application to be complete and 
     shall issue the final statement not later than 6 months after 
     the Commission issues the draft statement, unless the 
     Commission for good cause finds that additional time is 
     needed.

     SEC. 706. PIPELINE EXPANSION.

       (a) Authority.--With respect to any Alaska natural gas 
     transportation project, upon the request of one or more 
     persons and after giving notice and an opportunity for a 
     hearing, the Commission may order the expansion of such 
     project if it determines that such expansion is required by 
     the present and future public convenience and necessity.
       (b) Requirements.--Before ordering an expansion the 
     Commission shall--
       (1) approve or establish rates for the expansion service 
     that are designed to ensure the recovery, on an incremental 
     or rolled-in basis, of the cost associated with the expansion 
     (including a reasonable rate of return on investment);
       (2) ensure that the rates as established do not require 
     existing shippers on the Alaska natural gas transportation 
     project to subsidize expansion shippers;
       (3) find that the proposed shipper will comply with, and 
     the proposed expansion and the expansion of service will be 
     undertaken and implemented based on, terms and conditions 
     consistent with the then-effective tariff of the Alaska 
     natural gas transportation project;
       (4) find that the proposed facilities will not adversely 
     affect the financial or economic viability of the Alaska 
     natural gas transportation project;
       (5) find that the proposed facilities will not adversely 
     affect the overall operations of the Alaska natural gas 
     transportation project;
       (6) find that the proposed facilities will not diminish the 
     contract rights of existing shippers to previously subscribed 
     certificated capacity;
       (7) ensure that all necessary environmental reviews have 
     been completed; and
       (8) find that adequate downstream facilities exist or are 
     expected to exist to deliver incremental Alaska natural gas 
     to market.
       (c) Requirement for a Firm Transportation Agreement.--Any 
     order of the Commission issued pursuant to this section shall 
     be null and void unless the person or persons requesting the 
     order executes a firm transportation agreement with the 
     Alaska natural gas transportation project within a reasonable 
     period of time as specified in such order.
       (d) Limitation.--Nothing in this section shall be construed 
     to expand or otherwise affect any authorities of the 
     Commission with respect to any natural gas pipeline located 
     outside the State of Alaska.
       (e) Regulations.--The Commission may issue regulations to 
     carry out the provisions of this section.

     SEC. 707. FEDERAL COORDINATOR.

       (a) Establishment.--There is established as an independent 
     establishment in the executive branch, the Office of the 
     Federal Coordinator for Alaska Natural Gas Transportation 
     Projects.
       (b) The Federal Coordinator.--The Office shall be headed by 
     a Federal Coordinator for Alaska Natural Gas Transportation 
     Projects, who shall--
       (1) be appointed by the President, by and with the advice 
     of the Senate,
       (2) hold office at the pleasure of the President, and
       (3) be compensated at the rate prescribed for level III of 
     the Executive Schedule (5 U.S.C. 5314).

[[Page 3860]]

       (c) Duties.--The Federal Coordinator shall be responsible 
     for--
       (1) coordinating the expeditious discharge of all 
     activities by federal agencies with respect to an Alaska 
     natural gas transportation project; and
       (2) ensuring the compliance of Federal agencies with the 
     provisions of this subtitle.
       (d) Reviews and Actions of Other Federal Agencies.--
       (1) All reviews conducted and actions taken by any federal 
     officer or agency relating to an Alaska natural gas 
     transportation project authorized under this section shall be 
     expedited, in a manner consistent with completion of the 
     necessary reviews and approvals by the deadlines set forth in 
     this subtitle.
       (2) No federal officer or agency shall have the authority 
     to include terms and conditions that are permitted, but not 
     required, by law on any certificate, right-of-way, permit, 
     lease or other authorization issued to an Alaska natural gas 
     transportation project if the Federal Coordinator determines 
     that the terms and conditions would prevent or impair in any 
     significant respect the expeditious construction and 
     operation of the project.
       (3) Unless required by law, no federal officer or agency 
     shall add to, amend, or abrogate any certificate, right-of-
     way, permit, lease or other authorization issued to an Alaska 
     natural gas transportation project if the Federal Coordinator 
     determines that such action would prevent or impair in any 
     significant respect the expeditious construction and 
     operation of the project.
       (e) State Coordination.--The Federal Coordinator shall 
     enter into a Joint Surveillance and Monitoring Agreement, 
     approved by the President and the Governor of Alaska, with 
     the State of Alaska similar to that in effect during 
     construction of the Trans-Alaska Oil Pipeline to monitor the 
     construction of the Alaska natural gas transportation 
     project. The federal government shall have primary 
     surveillance and monitoring responsibility where the Alaska 
     natural gas transportation project crosses federal lands and 
     private lands, and the state government shall have primary 
     surveillance and monitoring responsibility where the Alaska 
     natural gas transportation project crosses state lands.

     SEC. 708. JUDICIAL REVIEW.

       (a) Exclusive Jurisdiction.--The United States Court of 
     Appeals for the District of Columbia Circuit shall have 
     exclusive jurisdiction to determine--
       (1) the validity of any final order or action (including a 
     failure to act) of any federal agency or officer under this 
     subtitle;
       (2) the constitutionality of any provision of this 
     subtitle, or any decision made or action taken thereunder; or
       (3) the adequacy of any environmental impact statement 
     prepared under the National Environmental Policy Act of 1969 
     with respect to any action under this subtitle.
       (b) Deadline for Filing Claim.--Claims arising under this 
     subtitle may be brought not later than 60 days after the date 
     of the decision or action giving rise to the claim.
       (c) Expedited Consideration.--The United States Court of 
     appeals for the District of Columbia circuit shall set any 
     action brought under subsection (a) of this section for 
     expedited consideration, taking into account the national 
     interest as described in section 702 of this subtitle.
       (d) Amendment to ANGTA.--Section 10(c) of the Alaska 
     Natural Gas Transportation Act of 1976 (15 U.S.C. 719h) is 
     amended by adding the following paragraph:
       ``(2) Expedited consideration.--The United States Court of 
     Appeals for the District of Columbia Circuit shall set any 
     action brought under subsection (a) of this section for 
     expedited consideration, taking into account the national 
     interest described in section 2 of this Act.''

     SEC. 709. STATE JURISDICTION OVER IN-STATE DELIVERY OF 
                   NATURAL GAS.

       (a) Local Distribution.--Any facility receiving natural gas 
     from the Alaska natural gas transportation project for 
     delivery to consumers within the State of Alaska shall be 
     deemed to be a local distribution facility within the meaning 
     of section 1(b) of the Natural Gas Act (15 U.S.C. 717), and 
     therefore not subject to the jurisdiction of the Federal 
     Energy Regulatory Commission.
       (b) Additional Pipelines.--Nothing in this subtitle, except 
     as provided in subsection 704(d), shall preclude or affect a 
     future gas pipeline that may be constructed to deliver 
     natural gas to Fairbanks, Anchorage, Matanuska-Sustina 
     Valley, or the Kenai peninsula or Valdez or any other site in 
     the State of Alaska for consumption within or distribution 
     outside the State of Alaska.
       (c) Rate Coordination.--Pursuant to the Natural Gas Act, 
     the Commission shall establish rates for the transportation 
     of natural gas on the Alaska natural gas transportation 
     project. In exercising such authority, the Commission, 
     pursuant to Section 17(b) of the Natural Gas Act (15 U.S.C. 
     717p), shall confer with the State of Alaska regarding rates 
     (including rate settlements) applicable to natural gas 
     transported on and delivered from the Alaska natural gas 
     transportation project for use within the State of Alaska.

     SEC. 710. LOAN GUARANTEE.

       (a) Authority.--The Secretary of Energy may guarantee not 
     more than 80 percent of the principal of any loan made to the 
     holder of a certificate of public convenience and necessity 
     issued under section 704(b) of this Act or section 9 of the 
     Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 
     719g) for the purpose of constructing an Alaska natural gas 
     transportation project.
       (b) Conditions.--
       (1) The Secretary of Energy may not guarantee a loan under 
     this section unless the guarantee has filed an application 
     for a certificate of public convenience and necessity under 
     section 704(b) of this Act or for an amended certificate 
     under section 9 of the Alaska Natural Gas Transportation Act 
     of 1976 (15 U.S.C. 719g) with the Commission not later than 
     18 months after the date of enactment of this subtitle.
       (2) A loan guaranteed under this section shall be made by a 
     financial institution subject to the examination of the 
     Secretary.
       (3) Loan requirements, including term, maximum size, 
     collateral requirements and other features shall be 
     determined by the Secretary.
       (c) Limitation on Amount.--Commitments to guarantee loans 
     may be made by the Secretary of Energy only to the extent 
     that the total loan principal, any part of which is 
     guaranteed, will not exceed $10,000,000,000.
       (d) Regulations.--The Secretary of Energy may issue 
     regulations to carry out the provisions of this section.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to cover the cost of loan guarantees, as defined by 
     section 502(5) of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a(5)).

     SEC. 711. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.

       (a) Requirement of Study.--If no application for the 
     issuance of a certificate or amended certificate of public 
     convenience and necessity authorizing the construction and 
     operation of an Alaska natural gas transportation project has 
     been filed with the Commission within 18 months after the 
     date of enactment of this title, the Secretary of Energy 
     shall conduct a study of alternative approaches to the 
     construction and operation of the project.
       (b) Scope of Study.--The study shall consider the 
     feasibility of establishing a government corporation to 
     construct an Alaska natural gas transportation project, and 
     alternative means of providing federal financing and 
     ownership (including alternative combinations of government 
     and private corporate ownership) of the project.
       (c) Consultation.--In conducting the study, the Secretary 
     of Energy shall consult with the Secretary of the Treasury 
     and the Secretary of the Army (acting through the Commanding 
     General of the Corps of Engineers).
       (d) Report.--If the Secretary of Energy is required to 
     conduct a study under subsection (a), he shall submit a 
     report containing the results of the study, his 
     recommendations, and any proposals for legislation to 
     implement his recommendations to the Congress within 6 months 
     after the expiration of the Secretary of Energy's authority 
     to guarantee a loan under section 708.

     SEC. 712. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES

       (a) Savings Clause.--Nothing in this subtitle affects any 
     decision, certificate, permit, right-of-way, lease, or other 
     authorization issued under section 9 of the Alaska Natural 
     Gas Transportation Act of 1976 (15 U.S.C. 719g) or any 
     Presidential findings or waivers issued in accordance with 
     that Act.
       (b) Clarification of Authority to Amend Terms and 
     Conditions to Meet Current Project Requirements.--Any Federal 
     officer or agency responsible for granting or issuing any 
     certificate, permit, right-of-way, lease, or other 
     authorization under section 9 of the Alaska Natural Gas 
     Transportation Act of 1976 (15 U.S.C. 719g) may add to, 
     amend, or abrogate any term or condition included in such 
     certificate, permit, right-of-way, lease, or other 
     authorization to meet current project requirements (including 
     the physical design, facilities, and tariff specifications), 
     so long as such action does not compel a change in the basic 
     nature and general route of the Alaska Natural Gas 
     Transportation System as designated and described in section 
     2 of the President's Decision, or would otherwise prevent or 
     impair in any significant respect the expeditious 
     construction and initial operation of such transportation 
     system.
       (c) Updated Environmental Reviews.--The Secretary of Energy 
     shall require the sponsor of the Alaska Natural Gas 
     Transportation System to submit such updated environmental 
     data, reports, permits, and impact analyses as the Secretary 
     determines are necessary to develop detailed terms, 
     conditions, and compliance plans required by section 5 of the 
     President's Decision.

     SEC. 713. DEFINITIONS.

       For purposes of this subtitle:
       (1) The term ``Alaska natural gas'' means natural gas 
     derived from the area of the State of Alaska lying north of 
     64 degrees North latitude.
       (2) The term ``Alaska natural gas transportation project'' 
     means any natural gas pipeline system that carries Alaska 
     natural gas to the border between Alaska and Canada 
     (including related facilities subject to the jurisdiction of 
     the Commission) that is authorized under either--

[[Page 3861]]

       (A) the Alaska Natural Gas Transportation Act of 1976 (15 
     U.S.C. 719-719o); or
       (B) section 704 of this subtitle.
       (3) The term ``Alaska Natural Gas Transportation System'' 
     means the Alaska natural gas transportation project 
     authorized under the Alaska Natural Gas Transportation Act of 
     1976 and designated and described in section 2 of the 
     President's Decision.
       (4) The term ``Commission'' means the Federal Energy 
     Regulatory Commission.
       (5) The term ``President's Decision'' means the Decision 
     and Report to Congress on the Alaska Natural Gas 
     Transportation system issued by the President on September 
     22, 1977 pursuant to section 7 of the Alaska Natural Gas 
     Transportation Act of 1976 (15 U.S.C. 719c) and approved by 
     Public Law 95-158.

     SEC. 714. SENSE OF THE SENATE.

       It is the sense of the Senate that an Alaska natural gas 
     transportation project will provide significant economic 
     benefits to the United States and Canada. In order to 
     maximize those benefits, the Senate urges the sponsors of the 
     pipeline project to make every effort to use steel that is 
     manufactured or produced in North America and to negotiate a 
     project labor agreement to expedite construction of the 
     pipeline.

     SEC. 715. ALASKAN PIPELINE CONSTRUCTION TRAINING PROGRAM.

       (1) Within six months after enactment of this Act, the 
     Secretary of Labor (in this section referred to as the 
     ``Secretary'') shall submit a report to the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the Committee on Resources of the United States House of 
     Representatives setting forth a program to train Alaska 
     residents in the skills and crafts required in the design, 
     construction, and operation of an Alaska gas pipeline system 
     and that will enhance employment and contracting 
     opportunities for Alaskan residents. The report shall also 
     describe any laws, rules, regulations and policies which act 
     as a deterrent to hiring Alaskan residents or contracting 
     with Alaskan residents to perform work on Alaska gas 
     pipelines, together with any recommendations for change. For 
     purposes of this subsection, Alaskan residents shall be 
     defined as those individuals eligible to vote within the 
     State of Alaska on the date of enactment of this Act.
       (2) Within 1 year of the date the report is transmitted to 
     Congress, the Secretary shall establish within the State of 
     Alaska, at such locations as are appropriate, one or more 
     training centers for the express purpose of training Alaskan 
     residents in the skills and crafts necessary in the design, 
     construction and operation of gas pipelines in Alaska. Each 
     such training center shall also train Alaskan residents in 
     the skills required to write, offer, and monitor contracts in 
     support of the design, construction, and operation of Alaska 
     gas pipelines.
       (3) In implementing the report and program described in 
     this subsection, the Secretary shall consult with the Alaskan 
     Governor.
       (4) There are authorized to be appropriated to the 
     Secretary such sums as may be necessary, but not to exceed 
     $20,000,000 for the purposes of this subsection.
                                  ____

  SA 3070. Mr. GRAHAM 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 Section 606(1)(3) and replace with the following:
       ``(3) Eligible renewable energy resource.--The term 
     `renewable energy resource' means solar, wind, ocean, or 
     geothermal energy, biomass, municipal solid waste, landfill 
     gas, a generation offset, or incremental hydropower.''
                                  ____

  SA 3071. Mr. MURKOWSKI proposed 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 appropriate place, insert the following;

     SEC. 1. SHORT TITLE AND FINDINGS.

       (a) This Title can be cited as the ``Iraq Petroleum Import 
     Restriction Act of 2001.''
       (b) Findings.--Congress finds that
       (i) the government of the Republic of Iraq:
       (A) has failed to comply with the terms of United Nations 
     Security Council Resolution 687 regarding unconditional Iraqi 
     acceptance of the destruction, removal, or rendering 
     harmless, under international supervision, of all nuclear, 
     chemical and biological weapons and all stocks of agents and 
     all related subsystems and components and all research, 
     development, support and manufacturing facilities, as well as 
     all ballistic missiles with a range greater than 150 
     kilometers and related major parts, and repair and production 
     facilities and has failed to allow United Nations inspectors 
     access to sites used for the production or storage of weapons 
     of mass destruction.
       (B) routinely contravenes the terms and conditions of UNSC 
     Resolution 661, authorizing the export of petroleum products 
     from Iraq in exchange for food, medicine and other 
     humanitarian products by conducting a routine and extensive 
     program to sell such products outside of the channels 
     established by UNSC Resolution 661 in exchange for military 
     equipment and materials to be used in pursuit of its program 
     to develop weapons of mass destruction in order to threaten 
     the United States and its allies in the Persian Gulf and 
     surrounding regions.
       (C) has failed to adequately draw down upon the amounts 
     received in the Escrow Account established by UNSC Resolution 
     986 to purchase food, medicine and other humanitarian 
     products required by its citizens, resulting in massive 
     humanitarian suffering by the Iraqi people.
       (D) conducts a periodic and systematic campaign to harass 
     and obstruct the enforcement of the United States and United 
     Kingdom-enforced ``No-Fly Zones'' in effect in the Republic 
     of Iraq.
       (E) routinely manipulates the petroleum export production 
     volumes permitted under UNSC Resolution 661 in order to 
     create uncertainty in global energy markets, and therefore 
     threatens the economic security of the United States.
       (ii) Further imports of petroleum products from the 
     Republic of Iraq are inconsistent with the national security 
     and foreign policy interests of the United States and should 
     be eliminated until such time as they are not so 
     inconsistent.

     SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETROLEUM IMPORTS.

       The direct or indirect import from Iraq of Iraqi-origin 
     petroleum and petroleum products is prohibited, 
     notwithstanding an authorization by the Committee established 
     by UNSC Resolution 661 or its designee, or any other order to 
     the contrary.

     SEC. 3. TERMINATION/PRESIDENTIAL CERTIFICATION.

       This Act will remain in effect until such time as the 
     President, after consultation with the relevant committees in 
     Congress, certifies to the Congress that--
       (1) Iraq is in substantial compliance with the terms of--
       (A) UNSC Resolution 687 regarding the access of UN Special 
     Commission inspectors to suspected Iraqi Weapons of Mass 
     Destruction program sites; and
       (B) UNSC Resolution 986 prohibiting the smuggling of 
     petroleum by Iraq in circumvention of the ``Oil-for-Food'' 
     program; or that
       (2) resuming the importation of Iraqi-origin petroleum and 
     petroleum products would not be inconsistent with the 
     national security and foreign policy interests of the United 
     States.

     SEC. 4. HUMANITARIAN INTERESTS.

       It is the sense of the Senate that the President should 
     make all appropriate efforts to ensure that the humanitarian 
     needs of the Iraqi people are not negatively affected by this 
     Act, and should encourage through public, private, domestic 
     and international means through the direct or indirect sale, 
     donation or other transfer to appropriate non-governmental 
     health and humanitarian organizations and individuals within 
     Iraq of food, medicine and other humanitarian products.

     SEC. 5. DEFINITIONS.

       (a) ``661 Committee.'' The term 661 Committee means the 
     Security Council Committee established by UNSC Resolution 
     661, and persons acting for or on behalf of the Committee 
     under its specific delegation of authority for the relevant 
     matter or category of activity, including the overseers 
     appointed by the UN Secretary-General to examine and approve 
     agreements for purchases of petroleum and petroleum products 
     from the Government of Iraq pursuant to UNSC Resolution 986.
       (b) ``UNSC Resolution 661.'' The term UNSC Resolution 661 
     means United Nations Security Council Resolution No. 661, 
     adopted August 6, 1990, prohibiting certain transactions with 
     respect to Iraq and Kuwait.
       (c) ``UNSC Resolution 687.'' The term UNSC Resolution 986 
     means United Nations Security Council Resolution 687, adopted 
     April 3, 1991.
       (d) ``UNSC Resolution 986.'' The term UNSC Resolution 986 
     means United Nations Security Council Resolution 986, adopted 
     April 14, 1995.

     SEC. 6. EFFECTIVE DATE.

       The prohibition on importation of Iraqi origin petroleum 
     and petroleum products shall be effective 30 days after 
     enactment of this Act.
                                  ____

  SA 3072. Mr. DURBIN 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

[[Page 3862]]

for other purposes; which was ordered to lie on the table; as follows:

       On page 523, between lines 16 and 17, insert the following:

     SEC. 1704. CONSUMER ENERGY COMMISSION.

       (a) Establishment of Commission.--There is established a 
     commission to be known as the ``Consumer Energy Commission''.
       (b) Membership.--
       (1) In general.--The Commission shall be comprised of 11 
     members.
       (2) Appointments by the senate and house.--The majority 
     leader and minority leader of the Senate and the majority 
     leader and minority leader of the House of Representatives 
     shall each appoint 2 members--
       (A) 1 of whom shall represent consumer groups focusing on 
     energy issues; and
       (B) 1 of whom shall represent the energy industry.
       (3) Appointments by the president.--The President shall 
     appoint 1 member from each of--
       (A) the Energy Information Administration;
       (B) the Federal Energy Regulatory Commission; and
       (C) the Federal Trade Commission.
       (4) Date of appointments.--The appointment of a member of 
     the Commission shall be made not later than 30 days after the 
     date of enactment of this Act.
       (c) Term.--A member shall be appointed for the life of the 
     Commission.
       (d) Initial Meeting.--Not later than 20 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (e) Chairperson and Vice Chairperson.--The Commission shall 
     select a Chairperson and Vice Chairperson from among the 
     members of the Commission.
       (f) Information and Administrative Expenses.--The Federal 
     agencies specified in subsection (b)(3) shall provide the 
     Commission such information as the Commission requires, and 
     pay such administrative expenses as the Commission incurs, in 
     carrying out this section.
       (g) Duties.--
       (1) Study.--
       (A) In general.--The Commission shall conduct a nationwide 
     study of significant price spikes in major United States 
     consumer energy products since 1990.
       (B) Energy products.--The Commission shall study the prices 
     of--
       (i) electricity;
       (ii) gasoline;
       (iii) home heating oil;
       (iv) natural gas; and
       (v) propane.
       (C) Matters to be studied.--The study shall--
       (i) focus on the causes of large fluctuations and sharp 
     spikes in prices, including insufficient inventories, supply 
     disruptions, refinery capacity limits, insufficient 
     infrastructure, over-regulation or under-regulation, flawed 
     deregulation, excessive consumption, over-reliance on foreign 
     supplies, insufficient research and development of 
     alternative energy sources, opportunistic behavior by energy 
     companies, and abuse of market power; and
       (ii) investigate market concentration, potential misuse of 
     market power, and any other relevant market failures.
       (2) Report.--Not later than 180 days after the date of the 
     first meeting of the Commission, the Commission shall submit 
     to Congress a report that contains--
       (A) a detailed statement of the findings and conclusions of 
     the Commission; and
       (B) recommendations for legislation, administrative 
     actions, and voluntary actions by industry and consumers to 
     protect consumers (including individuals, families, and 
     businesses) from future price spikes in consumer energy 
     products.
                                  ____

  SA 3073. Mr. DURBIN 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 appropriate place, insert the following:

     SEC. __. CREDIT FOR WIND ENERGY PROPERTY INSTALLED IN 
                   RESIDENCES AND BUSINESSES.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1, as amended by this Act, is amended by inserting 
     after section 30C the following new section:

     ``SEC. 30D. WIND ENERGY PROPERTY.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to 30 percent (10 percent after 
     December 31, 2011) of the amount paid or incurred by the 
     taxpayer for qualified wind energy property placed in service 
     or installed during such taxable year.
       ``(b) Limitation.--No credit shall be allowed under 
     subsection (a) unless at least 50 percent of the energy 
     produced annually by the qualified wind energy property is 
     consumed on the site on which the property is placed in 
     service or installed.
       ``(c) Qualified Wind Energy Property.--For purposes of this 
     section, the term `qualified wind energy property' means a 
     qualifying wind turbine if--
       ``(1) in the case of an individual, the property is 
     installed on or in connection with a dwelling unit which is 
     located in the United States and which is owned and used as 
     the taxpayer's principal residence,
       ``(2) the original use of which commences with the 
     taxpayer, and
       ``(3) the property carries at least a 5-year limited 
     warranty covering defects in design, material, or 
     workmanship, and, for property that is not installed by the 
     taxpayer, at least a 5-year limited warranty covering defects 
     in installation.
       ``(d) Other Definitions.--For purposes of this section--
       ``(1) Qualifying wind turbine.--The term `qualifying wind 
     turbine' means a wind turbine of 75 kilowatts of rated 
     capacity or less which meets the latest performance rating 
     standards published by the American Wind Energy Association 
     or the International Electrotechnical Commission and which is 
     used to generate electricity.
       ``(2) Principal residence.--The term `principal residence' 
     shall have the same meaning as when used in section 121.
       ``(e) Limitation Based on Amount of Tax.--
       ``(1) In general.--The credit allowed under subsection (a) 
     for any taxable year shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this part 
     (other than under this section and subpart C thereof, 
     relating to refundable credits) and section 1397E.
       ``(2) Carryover of unused credit.--If the credit allowable 
     under subsection (a) exceeds the limitation imposed by 
     paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such taxable year.
       ``(f) Special Rules.--For purposes of this section--
       ``(1) Tenant-stockholder in cooperative housing 
     corporation.--In the case of an individual who is a tenant-
     stockholder (as defined in section 216(b)(2)) in a 
     cooperative housing corporation (as defined in section 
     216(b)(1)), such individual shall be treated as having paid 
     his tenant-stockholder's proportionate share (as defined in 
     section 216(b)(3)) of any expenditures paid or incurred for 
     qualified wind energy property by such corporation, and such 
     credit shall be allocated appropriately to such individual.
       ``(2) Condominiums.--
       ``(A) In general.--In the case of an individual who is a 
     member of a condominium management association with respect 
     to a condominium which he owns, such individual shall be 
     treated as having paid his proportionate share of 
     expenditures paid or incurred for qualified wind energy 
     property by such association, and such credit shall be 
     allocated appropriately to such individual.
       ``(B) Condominium management association.--For purposes of 
     this paragraph, the term `condominium management association' 
     means an organization which meets the requirements of section 
     528(c)(2) with respect to a condominium project of which 
     substantially all of the units are used by individuals as 
     residences.
       ``(g) Basis Adjustment.--For purposes of this subtitle, if 
     a credit is allowed under this section for any expenditure 
     with respect to a residence or other property, the basis of 
     such residence or other property shall be reduced by the 
     amount of the credit so allowed.
       ``(h) Application of Credit.--The credit allowed under this 
     section shall apply to property placed in service or 
     installed after December 31, 2001.''.
       (b) Conforming Amendment.--Subsection (a) of section 1016 
     (relating to general rule for adjustments to basis), as 
     amended by this Act, is amended by striking ``and'' at the 
     end of paragraph (34), by striking the period at the end of 
     paragraph (35) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(36) in the case of a residence or other property with 
     respect to which a credit was allowed under section 30D, to 
     the extent provided in section 30D(g).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1, as amended by this 
     Act, is amended by inserting after the item relating to 
     section 30C the following new item:

``Sec. 30D. Wind energy property.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to property placed in service or installed after 
     December 31, 2001, in taxable years ending after such date.
                                  ____

  SA 3074. Mr. DURBIN (for himself and Ms. Collins) 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

[[Page 3863]]

for fiscal years 2002 through 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 403, between lines 12 and 13, insert the following:

     SEC. 12__. CONSERVE BY BICYCLING PROGRAM.

       (a) Definitions.--In this section:
       (1) Program.--The term ``program'' means the Conserve by 
     Bicycling Program established by subsection (b).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (b) Establishment.--There is established within the 
     National Highway Traffic Safety Administration a program to 
     be known as the ``Conserve by Bicycling Program''.
       (c) Projects.--
       (1) In general.--In carrying out the program, the Secretary 
     shall establish up to 10 pilot projects, subject to 
     appropriations that are--
       (A) dispersed geographically throughout the United States; 
     and
       (B) designed to conserve energy resources by encouraging 
     the use of bicycles in place of motor vehicles.
       (2) Requirements.--A pilot project described in paragraph 
     (1) shall--
       (A) use education and marketing to convert motor vehicle 
     trips to bicycle trips;
       (B) document project results and energy savings (in 
     estimated units of energy conserved);
       (C) facilitate partnerships among interested parties in at 
     least 2 of the fields of--
       (i) transportation;
       (ii) law enforcement;
       (iii) education;
       (iv) public health;
       (v) environment; and
       (vi) energy;
       (D) maximize bicycle facility investments;
       (E) demonstrate methods that may be used in other regions 
     of the United States; and
       (F) facilitate the continuation of ongoing programs that 
     are sustained by local resources.
       (3) Cost sharing.--At least 20 percent of the cost of each 
     pilot project described in paragraph (1) shall be provided 
     from State or local sources.
       (d) Report.--On completion of the program, the Secretary 
     shall submit to Congress a report that describes the results 
     of the program.
       (e) Energy and Bicycling Research Study.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall enter into a 
     contract with the National Academy of Sciences for, and the 
     National Academy of Sciences shall conduct and submit to 
     Congress a report on, a study on the feasibility of 
     converting motor vehicle trips to bicycle trips.
       (2) Components.--The study shall--
       (A) determine the type and duration of motor vehicle trips 
     that people in the United States may feasibly make by 
     bicycle, taking into consideration factors such as--
       (i) weather;
       (ii) land use and traffic patterns;
       (iii) the carrying capacity of bicycles; and
       (iv) bicycle infrastructure;
       (B) determine any energy savings that would result from the 
     conversion of motor vehicle trips to bicycle trips;
       (C) include a cost-benefit analysis of bicycle 
     infrastructure investments; and
       (D) include a description of any factors that would 
     encourage more motor vehicle trips to be replaced with 
     bicycle trips.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $6,050,000, of 
     which--
       (1) $5,000,000 shall be used to carry out pilot projects 
     described in subsection (c);
       (2) $300,000 shall be used by the Secretary to coordinate, 
     publicize, and disseminate the results of the program; and
       (3) $750,000 shall be used to carry out subsection (e).

                          ____________________