[Congressional Record (Bound Edition), Volume 148 (2002), Part 4]
[Senate]
[Pages 5128-5139]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3142. Mr. KYL submitted an amendment intended to be proposed by 
him 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 4, strike lines 5 through 16, and insert the 
     following:

     SEC. 1901. PERMANENT EXTENSION OF ABOVE-THE-LINE DEDUCTION 
                   FOR TEACHER CLASSROOM EXPENSES.

       Section 62(a)(2)(D) is amended by striking ``In the case of 
     taxable years beginning during 2002 or 2003, the'' and 
     inserting ``The''.

     SEC. 1901A. 3-YEAR EXTENSION OF CREDIT FOR PRODUCING 
                   ELECTRICITY FROM POULTRY WASTE.

       (a) In General.--Subparagraph (C) of section 45(c)(3) 
     (relating to qualified facility), as amended by section 
     603(a) of the Job Creation and Worker Assistance Act of 2002, 
     is amended by striking ``January 1, 2004'' and inserting 
     ``January 1, 2007''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to electricity sold after the date of the 
     enactment of this Act in taxable years ending after such 
     date.
                                  ____

  SA 3143. Mr. KYL submitted an amendment intended to be proposed by 
him 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 17, line 9, strike all through page 55, 
     line 7, and insert the following:

     SEC.   . PERMANENT EXTENSION OF ABOVE-THE-LINE DEDUCTION FOR 
                   TEACHER CLASSROOM EXPENSES.

       Section 62(a)(2)(D) is amended by striking ``In the case of 
     taxable years beginning during 2002 or 2003, the'' and 
     inserting ``The''.
                                  ____

  SA 3144. Mr. GRAMM (for himself and Mr. Kyl) proposed an amendment to 
amendment SA 2999 proposed by Mr. Kerry (for himself, Mr. McCain, Ms. 
Snowe, Mr. Smith of Oregon, Ms. Collins, and Mr. Chafee) to the 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the 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 all beginning page 2 line 1 and insert the 
     following:

     SEC.   . PERMANENT REPEAL OF DEATH TAXES.

       Section 901 of the Economic Growth and Tax Reconciliation 
     Act of 2001 is amended--
       (1) by striking ``this Act'' and all that follows through 
     ``2010.'' in subsection (a) and inserting ``this Act (other 
     than Title V) shall not apply to taxable, plan, or limitation 
     years beginning after December 31, ``2010'', and
       (2) by striking ``, estates, gifts, and transfers'' in 
     subsection (b).
                                  ____

  SA 3145. Mr. REID proposed an amendment to amendment SA 3008 proposed 
by Mr. Dayton (for himself and Mr. Grassley) 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:

       In lieu of the matter proposed to be added, insert the 
     following:

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

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

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

       ``(a) Ethanol-Blended Gasoline.--The head of each Federal 
     agency shall ensure that, in areas in which ethanol-blended 
     gasoline is available at a competitive price, the Federal 
     agency purchases ethanol-blended gasoline containing at least 
     10 percent ethanol (or the highest available percentage of 
     ethanol), rather than nonethanol-blended gasoline, for use in 
     vehicles used by the agency.
       ``(b) Biodiesel.--
       ``(1) Definition of biodiesel.--In this subsection, the 
     term `biodiesel' has the meaning given the term in section 
     312(f).
       ``(2) Requirement.--The head of each Federal agency shall 
     ensure that the Federal agency purchases, for use in fueling 
     fleet vehicles used by the Federal agency at the location at 
     which fleet vehicles of the Federal agency are centrally 
     fueled, in areas in which biodiesel-blended diesel fuel is 
     available at a competitive price--
       ``(A) as of the date that is 5 years after the date of 
     enactment of this paragraph, biodiesel-blended diesel fuel 
     that contains at least 2 percent biodiesel, rather than 
     nonbiodiesel-blended diesel fuel; and
       ``(B) as of the date that is 10 years after the date of 
     enactment of this paragraph, biodiesel-blended diesel fuel 
     that contains at least 20 percent biodiesel, rather than 
     nonbiodiesel-blended diesel fuel.
       ``(c) Exemption for Military Vehicles.--This section does 
     not apply to fuel used in vehicles used for military purposes 
     that the Secretary of Defense certifies to the Secretary must 
     be exempt for national security reasons.''.
                                  ____

  SA 3146. Mr. HAGEL 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 XI and insert the following:

               TITLE XI--NATIONAL GREENHOUSE GAS REGISTRY

     SEC. 1101. SHORT TITLE.

       This amendment may be cited as the ``National Climate 
     Registry Initiative.''

     SEC. 1102. PURPOSE.

       The purpose of this title is to establish a new national 
     greenhouse gas registry--
       (1) to further encourage voluntary efforts, by persons and 
     entities conducting business and other operations in the 
     United States, to implement actions, projects and measures 
     that reduce greenhouse gas emissions;
       (2) to encourage such persons and entities to monitor and 
     voluntarily report greenhouse gas emissions, direct or 
     indirect, from their facilities, and to the extent 
     practicable, from other types of sources;

[[Page 5129]]

       (3) to adopt a procedure and uniform format for such 
     persons and entities to establish and report voluntarily 
     greenhouse gas emission baselines in connection with, and 
     furtherance of, such reductions;
       (4) to provide verification mechanisms to ensure for 
     participants and the public a high level of confidence in 
     accuracy and verifiability of reports made to the national 
     registry;
       (5) to encourage persons and entities, through voluntary 
     agreement with the Secretary, to report annually greenhouse 
     gas emissions from their facilities;
       (6) to provide to persons or entities that engage in such 
     voluntary agreements and reduce their emissions transferable 
     credits which, inter alia, shall be available for use by such 
     persons or entities for any incentive, market-based, or 
     regulatory programs determined by the Congress in a future 
     enactment to be necessary and feasible to reduce the risk of 
     climate change and its impacts; and
       (7) to provide for the registration, transfer and tracking 
     of the ownership or holding of such credits for purposes of 
     facilitating voluntary trading among persons and entities.

     SEC. 1103. DEFINITIONS.

       In this title--
       (1) ``person'' means an individual, corporation, 
     association, joint venture, cooperative, or partnership;
       (2) ``entity'' means a public person, a Federal, 
     interstate, State, or local governmental agency, department, 
     corporation, or other publicly owned organization;
       (3) ``facility'' means those buildings, structures, 
     installations, or plants (including units thereof) that are 
     on contiguous or adjacent land, are under common control of 
     the same person or entity and are a source of emissions of 
     greenhouse gases in excess for emission purposes of a 
     threshold as recognized by the guidelines issued under this 
     title;
       (4) ``reductions'' means actions, projects or measures 
     taken, whether in the United States or internationally, by a 
     person or entity to reduce, avoid or sequester, directly or 
     indirectly, emissions of one or more greenhouse gases;
       (5) ``greenhouse gas'' means--
       (A) an anthropogenic gaseous constituent of the atmosphere 
     (including carbon dioxide, methane, nitrous oxide, 
     hydrofluorocarbons, perfluorocarbons, and sulfur 
     hexafluoride) that absorbs and re-emits infrared radiation 
     and influences climate; and
       (B) an anthropogenic aerosol (such as black soot) that 
     absorbs solar radiation and influences climate;
       (6) ``Secretary'' means the Secretary of Energy;
       (7) ``Administrator'' means the Administrator of the Energy 
     Information Administration; and
       (8) ``Interagency Task Force'' means the Interagency Task 
     Force established under title X of this Act.

     SEC. 1104. ESTABLISHMENT.

       (a) In General.--Not later than 1 year after the enactment 
     of this title, the President shall, in consultation with the 
     Interagency Task Force, establish a National Greenhouse Gas 
     Registry to be administered by the Secretary through the 
     Administrator in accordance with the applicable provisions of 
     this title, section 205 of the Department of Energy Act (42 
     U.S.C. 7135) and other applicable provisions of that Act (42 
     U.S.C. 7101, et seq.).
       (b) Designation.--Upon establishment of the registry and 
     issuance of the guidelines pursuant to this title, such 
     registry shall thereafter be the depository for the United 
     States of data on greenhouse gas emissions and emissions 
     reductions collected from and reported by persons or entities 
     with facilities or operations in the United States, pursuant 
     to the guidelines issued under this title.
       (c) Participation.--Any person or entity conducting 
     business or activities in the United States may, in 
     accordance with the guidelines established pursuant to this 
     title, voluntarily report its total emissions levels and 
     register its certified emissions reductions with such 
     registry, provided that such reports--
       (1) represent a complete and accurate inventory of 
     emissions from facilities and operations within the United 
     States and any domestic or international reduction 
     activities; and
       (2) have been verified as accurate by an independent person 
     certified pursuant to guidelines developed pursuant to this 
     title, or other means.
       (d) Confidentiality of Reports.--Trade secret and 
     commercial or financial information that is privileged and 
     confidential submitted pursuant to activities under this 
     title shall be provided in section 552(b)(4) of title 5, 
     United States Code.

     SEC. 1105. IMPLEMENTATION.

       (a) Guidelines.--Not later than 1 year after the date of 
     establishment of the registry pursuant to this title, the 
     Secretary shall, in consultation with the Interagency Task 
     Force, issue guidelines establishing procedures for the 
     administration of the national registry. Such guidelines 
     shall include--
       (1) means and methods for persons or entities to determine, 
     quantify, and report by appropriate and credible means their 
     baseline emissions levels on an annual basis, taking into 
     consideration any reports made by such participants under 
     past Federal programs;
       (2) procedures for the use of an independent third-party or 
     other effective verification process for reports on emissions 
     levels and emissions reductions, using the authorities 
     available to the Secretary under this and other provisions of 
     law and taking into account, to the extent possible, costs, 
     risks, the voluntary nature of the registry, and other 
     relevant factors;
       (3) a range of reference cases for reporting of project-
     based reductions in various sectors, and the inclusion of 
     benchmark and default methodologies and practices for use as 
     reference cases for eligible projects;
       (4) safeguards to prevent and address reporting, 
     inadvertently or otherwise, of some or all of the same 
     greenhouse gas emissions or reductions by more than one 
     reporting person or entity and to make corrections and 
     adjustments in data where necessary;
       (5) procedures and criteria for the review and registration 
     of ownership or holding of all or part of any reported and 
     independently verified emission reduction projects, actions 
     and measures relative to such reported baseline emissions 
     level;
       (6) measures or a process for providing to such persons or 
     entities transferable credits with unique serial numbers for 
     such verified emissions reductions; and
       (7) accounting provisions needed to allow for changes in 
     registration and transfer of ownership of such credits 
     resulting from a voluntary private transaction between 
     persons or entities, provided that the Secretary is notified 
     of any such transfer within 30 days of the transfer having 
     been effected either by private contract or market mechanism.
       (b) Consideration.--In developing such guidelines, the 
     Secretary shall take into consideration--
       (1) the existing guidelines for voluntary emissions 
     reporting issued under section 1605(b) of the Energy Policy 
     Act of 1992 (42 U.S.C. 13385(b)), experience in applying such 
     guidelines, and any revisions thereof initiated by the 
     Secretary pursuant to direction of the President issued prior 
     to the enactment of this title;
       (2) protocols and guidelines developed under any Federal, 
     State, local, or private voluntary greenhouse gas emissions 
     reporting or reduction programs;
       (3) the various differences and potential uniqueness of the 
     facilities, operations and business and other relevant 
     practices of persons and entities in the private and public 
     sectors that may be expected to participate in the registry;
       (4) issues, such as comparability, that are associated with 
     the reporting of both emissions baselines and reductions from 
     activities and projects; and
       (5) the appropriate level or threshold emissions applicable 
     to a facility or activity of a person or entity that may be 
     reasonably and cost effectively identified, measured and 
     reported voluntarily, taking into consideration different 
     types of facilities and activities and the de minimis nature 
     of some emissions and their sources; and
       (6) any other consideration the Secretary may deem 
     appropriate.
       (c) Experts and Consultants.--The Secretary, and any member 
     of the Interagency Task Force, may secure the services of 
     experts and consultants in the private and non-profit sectors 
     in accordance with the provisions of section 3109 of title 5, 
     United Sates Code, in the areas of greenhouse gas 
     measurement, certification, and emissions trading. In 
     securing such services, any grant, contract, cooperative 
     agreement, or other arrangement authorized by law and already 
     available to the Secretary or the member of the Interagency 
     Task Force securing such services may be used.
       (d) Transferability of Prior Reports.--Emissions reports 
     and reductions that have been made by a person or entity 
     pursuant to section 1605(b) of the Energy Policy Act of 1992 
     (42 U.S.C. 13385(b)) or under other Federal or State 
     voluntary greenhouse gas reduction programs may be 
     independently verified and registered with the registry using 
     the same guidelines developed by the Secretary pursuant to 
     this section.
       (e) Public Comment.--The Secretary shall make such 
     guidelines available in draft form for public notice and 
     opportunity for comment for a period of at least 90 days, and 
     thereafter shall adopt them for use in implementation of the 
     registry established pursuant to this title.
       (f) Review and Revision.--The Secretary, through the 
     Interagency Task Force, shall periodically thereafter review 
     the guidelines and, as needed, revise them in the same manner 
     as provided for in this section.

     SEC. 1106. VOLUNTARY AGREEMENTS.

       (a) In General.--In furtherance of the purposes of this 
     title, any person or entity, and the Secretary, may 
     voluntarily enter into an agreement to provide that--
       (1) such person or entity (and successors thereto) shall 
     report annually to the registry on emissions and sources of 
     greenhouse gases from applicable facilities and operations 
     which generate net emissions above any de minimis thresholds 
     specified in the guidelines issued by the Secretary pursuant 
     to this title;

[[Page 5130]]

       (2) such person or entity (and successors thereto) shall 
     commit to report and participate in the registry for a period 
     of at least 5 calendar years, provided that such agreements 
     may be renewed by mutual consent;
       (3) for purposes of measuring performance under the 
     agreement, such person or entity (and successors thereto) 
     shall determine, by mutual agreement with the Secretary--
       (A) pursuant to the guidelines issued under this title, a 
     baseline emissions level for a representative period 
     preceding the effective date of the agreement; and
       (B) emissions reduction goals, taking into consideration 
     the baseline emissions level determined under subparagraph 
     (A) and any relevant economic and operational factors that 
     may affect such baseline emissions level over the duration of 
     the agreement; and
       (4) for certified emissions reductions made relative to the 
     baseline emissions level, the Secretary shall provide, at the 
     request of the person or entity, transferable credits (with 
     unique assigned serial numbers) to the person or entity 
     which, inter alia--
       (A) can be used by such person or entity towards meeting 
     emissions reductions goals set forth under the agreement;
       (B) can be transferred to other parties or entities through 
     a voluntary private transaction between persons or entities; 
     or
       (C) shall be applicable towards any incentive, market-
     based, or regulatory programs determined by the Congress in a 
     future enactment to be necessary and feasible to reduce the 
     risk of climate change and its impacts.
       (b) Public Notice and Comment.--At least 30 days before any 
     agreement is final, the Secretary shall give notice thereof 
     in the Federal Register and provide an opportunity for public 
     written comment. After reviewing such comments, the Secretary 
     may withdraw the agreement or the parties thereto may 
     mutually agree to revise it to finalize it without 
     substantive change. Such agreement shall be retained in the 
     national registry and be available to the public.
       (c) Emissions in Excess.--In the event that a person or 
     entity fails to certify that emissions from applicable 
     facilities are less than the emissions reduction goals 
     contained in the agreement, such person or entity shall take 
     actions as necessary to reduce such excess emissions, 
     including--
       (1) redemption of transferable credits acquired in previous 
     years if owned by the person or entity;
       (2) acquisition of transferable credits from other persons 
     or entities participating in the registry through their own 
     agreements; or
       (3) the undertaking of additional emissions reductions 
     activities in subsequent years as may be determined by 
     agreement with the Secretary.
       (d) No New Authority.--This section shall not be construed 
     as providing any regulatory or mandate authority regarding 
     reporting of such emissions or reductions.

     SEC. 1107. MEASUREMENT AND VERIFICATION.

       (a) In General.--The Secretary of Commerce, through the 
     National Institute of Standards and Technology and in 
     consultation with the Secretary of Energy, shall develop and 
     propose standards and practices for accurate measurement and 
     verification of greenhouse gas emissions and emissions 
     reductions. Such standards and best practices shall address 
     the need for--
       (1) standardized measurement and verification practices for 
     reports made by all persons or entities participating in the 
     registry, taking into account--
       (A) existing protocols and standards already in use by 
     persons or entities desiring to participate in the registry;
       (B) boundary issues such as leakage and shifted 
     utilization;
       (C) avoidance of double-counting of greenhouse gas 
     emissions and emissions reductions; and
       (D) such other factors as the panel determines to be 
     appropriate;
       (2) measurement and verification of actions taken to 
     reduce, avoid or sequester greenhouse gas emissions;
       (3) in coordination with the Secretary of Agriculture, 
     measurement of the results of the use of carbon sequestration 
     and carbon recapture technologies, including--
       (A) organic soil carbon sequestration practices;
       (B) forest preservation and re-forestration activities 
     which adequately address the issues of permanence, leakage 
     and verification; and
       (4) such other measurement and verification standards as 
     the Secretary of Commerce, the Secretary of Agriculture, and 
     the Secretary of Energy shall determine to be appropriate.
       (b) Public Comment.--The Secretary of Commerce shall make 
     such standards and practices available in draft form for 
     public notice and opportunity for comment for a period of at 
     least 90 days, and thereafter shall adopt them, in 
     coordination with the Secretary of Energy, for use in the 
     guidelines for implementation of the registry as issued 
     pursuant to this title.

     SEC. 1108. CERTIFIED INDEPENDENT THIRD PARTIES.

       (a) Certification.--The Secretary of Commerce shall, 
     through the Director of the National Institute of Standards 
     and Technology and the Administrator, develop standards for 
     certification of independent persons to act as certified 
     parties to be employed in verifying the accuracy and 
     reliability of reports made under this title, including 
     standards that--
       (1) prohibit a certified party from themselves 
     participating in the registry through the ownership or 
     transaction of transferable credits recorded in the registry;
       (2) prohibit the receipt by a certified party of 
     compensation in the form of a commission where such party 
     receives payment based on the amount of emissions reductions 
     verified; and
       (3) authorize such certified parties to enter into 
     agreements with persons engaged in trading of transferable 
     credits recorded in the registry.
       (b) List of Certified Parties.--The Secretary shall 
     maintain and make available to persons or entities making 
     reports under this title and to the public upon request a 
     list of such certified parties and their clients making 
     reports under this title.

     SEC. 1109. REPORT TO CONGRESS.

       Not later than 1 year after guidelines are issued for the 
     registry pursuant to this title, and biennially thereafter, 
     the President, through the Interagency Task Force, shall 
     report to the Congress on the status of the registry 
     established by this title. The report shall include--
       (a) an assessment of the level of participation in the 
     registry (both by sector and in terms of national emissions 
     represented);
       (b) effectiveness of voluntary reporting agreements in 
     enhancing participation in the registry;
       (c) use of the registry for emissions trading and other 
     purposes;
       (d) assessment of progress towards individual and national 
     emissions reduction goals; and
       (e) an inventory of administrative actions taken or planned 
     to improve the national registry or the guidelines, or both, 
     and such recommendations for legislative changes to this 
     title or section 1605 of the Energy Policy Act of 1992 (42 
     U.S.C. 13385) as the President believes necessary to better 
     carry out the purposes of this title.

     SEC. 1110. NATIONAL ACADEMY REVIEW.

       Not later than 1 year after guidelines are issued for the 
     registry pursuant to this title, the Secretary, in 
     consultation with the Interagency Task Force, shall enter 
     into an agreement with the National Academy of Sciences to 
     review the scientific and technological methods, assumptions, 
     and standards used by the Secretary and the Secretary of 
     Commerce for such guidelines and report to the President and 
     the Congress on the results of that review, together with 
     such recommendations as may be appropriate, within 6 months 
     after the effective date of that agreement.
                                  ____

  SA 3147. Mr. THURMOND 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 574, between lines 11 and 12, insert the following:

     SEC. 17__. FEASIBILITY REPORT ON COMMERCIAL NUCLEAR ENERGY 
                   PRODUCTION AND REGIONAL EDUCATION CONSORTIA AT 
                   DEPARTMENT OF ENERGY NUCLEAR FACILITIES.

       (a) Definitions.--In this section:
       (1) Commercial nuclear energy production.--The term 
     ``commercial nuclear energy production'' means electric power 
     generated by for profit, private firms, public cooperatives, 
     and municipal utilities.
       (2) Department facility.--The term ``Department facility'' 
     means a Department of Energy nuclear facility.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (b) Study.--The Secretary shall conduct a study to 
     determine the feasibility of--
       (1) developing commercial nuclear energy production 
     facilities at Department facilities in existence on the date 
     of enactment of this Act, including--
       (A) options for how and where commercial nuclear power 
     plants can be developed at Department facilities;
       (B) estimates of cost savings to the United States that may 
     be realized by locating new commercial nuclear power plants 
     at Department facilities;
       (C) the feasibility of incorporating new technology into 
     commercial nuclear power plants at Department facilities;
       (D) potential improvements in the licensing and safety 
     oversight procedures of commercial nuclear power plants at 
     Department facilities;
       (E) an assessment of the effects of nuclear waste 
     management policies and projects as a result of locating 
     commercial nuclear power plants at Department facilities;
       (F) the appropriate amounts of contributions of public and 
     private funds; and
       (G) other appropriate factors; and
       (2) establishing regional education consortia at Department 
     facilities, including--
       (A) strategies for strengthening partnerships among the 
     Department of Energy, engineering and science institutions of 
     higher

[[Page 5131]]

     learning, other schools providing vocational training to the 
     nuclear power industry, and commercial nuclear power 
     producers;
       (B) contributions that such consortia could make to the 
     program goals of relevant provisions of this Act; and
       (C) other actions that could optimize civilian and military 
     education in nuclear education at Department facilities that 
     would enhance electric power production in the United States.
       (c) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study under subsection 
     (b).
                                  ____

  SA 3148. 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 403, after line 12, insert the following:

     SEC. 1215. HIGH POWER DENSITY INDUSTRY PROGRAM.

       The Secretary shall establish a comprehensive research, 
     development, demonstration and deployment program to improve 
     energy efficiency of high power density facilities, including 
     data centers, server farms, and telecommunications 
     facilities. Such program shall consider technologies that 
     provide significant improvement in thermal controls, 
     metering, load management, peak load reduction, or the 
     efficient cooling of electronics.
                                  ____

  SA 3149. Mr. BINGAMAN (for Mr. Reid) 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 403, after line 12, insert the following:

     ``SEC. 1215. RESEARCH REGARDING PRECIOUS METAL CATALYSIS.

       ``The Secretary of Energy may, for the purpose of 
     developing improved industrial and automotive catalysis, 
     carry out research in the use of precious metals (excluding 
     platinum, palladium, and rhodium) in catalysis directly, 
     though national laboratories, or through grants to or 
     cooperative agreements or contracts with public or nonprofit 
     entities. There are authorized to be appropriated to carry 
     out this section such sums as are necessary for fiscal years 
     2003 through 2006.''.
                                  ____

  SA 3150. 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:

       At the end of title XVII, add the following:

     SEC. 17  . REPORT ON ENERGY SAVINGS AND WATER USE.

       (a) Report.--The Secretary of Energy shall conduct a study 
     of opportunities to reduce energy use by cost-effective 
     improvements in the efficiency of municipal water and waste 
     water treatment and use, including water pumps, motors, and 
     delivery systems; purification, conveyance and distribution; 
     upgrading of aging water infrastructure, and improved methods 
     for leakage monitoring, measuring, and reporting; and public 
     education.
       (b) Submission of Report.--The Secretary of Energy shall 
     submit a report on the results of the study, including any 
     recommendations for implementation of measures and estimates 
     of costs and resource savings, no later than two years from 
     the date of enactment of this section.
       (c) Authorization.--There is hereby authorized to be 
     appropriated such sums as may be necessary to carry out the 
     purposes of this section.
                                  ____

  SA 3151. Mr. BINGAMAN (for Mr. Schumer) 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 end of subtitle A of title IX add the following:

     SEC. 9   . ENERGY EFFICIENT APPLIANCE REBATE PROGRAMS.

       (a) Definitions.--In this section:
       (1) Eligible state.--The term ``eligible state'' means a 
     State that meets the requirements of subsection (b).
       (2) Energy star program.--The term ``Energy Star program'' 
     means the program established by section 324A of the Energy 
     Policy and Conservation Act.
       (3) Residential energy star product.--The term 
     ``residential Energy Star product'' means a product for a 
     residence that is rated for energy efficiency under the 
     Energy Star program.
       (4) State energy office.--The term ``State energy office'' 
     means the State agency responsible for developing State 
     energy conservation plans under section 362 of the Energy 
     Policy and Conservation Act (42 U.S.C. 6322).
       (5) State program.--The term ``State program'' means a 
     State energy efficient appliance rebate program described in 
     subsection (b)(1).
       (b) Eligible States.--A State shall be eligible to receive 
     an allocation under subsection (c) if the State--
       (1) establishes (or has established) a State energy 
     efficient appliance rebate program to provide rebates to 
     residential consumers for the purchase of residential Energy 
     Star products to replace used appliances of the same type;
       (2) submits an application for the allocation at such time, 
     in such form, and containing such information as the 
     Secretary may require; and
       (3) provides assurances satisfactory to the Secretary that 
     the Senate will use the allocation to supplement, but not 
     supplant, funds made available to carry out the State 
     program.
       (c) Amount of Allocations.--
       (1) In general.--Subject to paragraph (2), for each fiscal 
     year, the Secretary shall allocate to the State energy office 
     of each eligible State to carry out subsection (d) an amount 
     equal to the product obtained by multiplying the amount made 
     available under subsection (e) for the fiscal year by the 
     ratio that the population of the State in the most recent 
     calendar year for which data are available bears to the total 
     population of all eligible States in that calendar year.
       (2) Minimum allocations.--For each fiscal year, the amounts 
     allocated under this subsection shall be adjusted 
     proportionately so that no eligible State is allocated a sum 
     that is less than an amount determined by the Secretary.
       (d) Use of Allocated Funds.--The allocations to a State 
     energy office under subsection (c) may be used to pay up to 
     50 percent of the cost of establishing and carrying out a 
     State program.
       (e) Issuance of Rebates.--Rebates may be provided to 
     residential consumers that meet the requirements of the State 
     program. The amount of a rebate shall be determined by the 
     State energy office, taking into consideration--
       (1) the amount of the allocation to the State energy office 
     under subsection (c);
       (2) the amount of any Federal or State tax incentive 
     available for the purchase of the residential Energy Star 
     product; and
       (3) the difference between the cost of the residential 
     Energy Star product and the cost of an appliance that is not 
     a residential Energy Star product, but is of the same type 
     as, and is the nearest capacity, performance, and other 
     relevant characteristics (as determined by the State energy 
     office) to the residential Energy Star product.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section such sums as are 
     necessary for fiscal year 2003 through fiscal year 2012.
                                  ____

  SA 3152. Mr. BINGAMAN (for Ms. Landrieu) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

       On page 301, line 22, strike ``organizations.'.'' and 
     insert the following:

     ``organizations.
       ``(d) Small Business Education and Assistance.--The 
     Administrator of the Small Business Administration, in 
     consultation with the Secretary of Energy and the 
     Administrator of the Environmental Protection Agency, shall 
     develop and coordinate a government-wide program, building on 
     the existing Energy Star for Small Business Program, to 
     assist small business to become more energy efficient, 
     understand the cost savings obtainable through efficiencies, 
     and identify financing options for energy efficiency 
     upgrades. The Secretary and the Administrator shall make the 
     program information available directly to small businesses 
     and through other federal agencies, including the Federal 
     Emergency Management Agency, and the Department of 
     Agriculture.'.''.
                                  ____

  SA 3153. Mr. BINGAMAN (for Mr. Corzine) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize

[[Page 5132]]

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 end of subtitle D of title IX, add the following:

     SEC. 937. CAPITAL FUND.

       Section 9 of the United States Housing Act of 1937 (42 
     U.S.C. 1437g), as amended by section 934, is amended--
       (1) in subsection (d)(1)--
       (A) in subparagraph (L), by striking the period at the end 
     and inserting ``; and'';
       (B) by redesignating subparagraph (L) as subparagraph (K); 
     and
       (C) by adding at the end the following:
       ``(L) integrated utility management and capital planning to 
     maximize energy conservation and efficiency measures.''; and
       (2) in subsection (e)(2)(C)--
       (A) by striking ``The'' and inserting the following:
       ``(i) In general.--The''; and
       (B) by adding at the end the following:
       ``(ii) Third party contracts.--Contracts described in 
     clause (i) may include contracts for equipment conversions to 
     less costly utility sources, projects with resident paid 
     utilities, adjustments to frozen base year consumption, 
     including systems repaired to meet applicable building and 
     safety codes and adjustments for occupancy rates increased by 
     rehabilitation.
       ``(iii) Term of contract.--The total term of a contract 
     described in clause (i) shall be for not more than 20 years 
     to allow longer payback periods for retrofits, including but 
     not limited to windows, heating system replacements, wall 
     insulation, site-based generations, and advanced energy 
     savings technologies, including renewable energy 
     generation.''.

     SEC. 938. ENERGY-EFFICIENT APPLIANCES.

       A public housing agency shall purchase energy-efficient 
     appliances that are Energy Star products as defined in 
     section 552 of the National Energy Policy and Conservation 
     Act (as amended by this Act) when the purchase of energy-
     efficient appliances is cost-effective to the public housing 
     agency.

     SEC. 939. ENERGY EFFICIENCY STANDARDS.

       Section 109 of the Cranston-Gonzalez National Affordable 
     Housing Act (42 U.S.C. 12709) is amended--
       (1) in subsection (a)--
       (A) in paragraph (1)--
       (i) by striking ``the date of the enactment of the Energy 
     Policy Act of 1992'' and inserting ``September 30, 2002''.
       (ii) in subparagraph (A), by striking ``and'' at the end;
       (iii) in subparagraph (B), by striking the period at the 
     end and inserting a semi-colon; and
       (iv) by adding at the end the following:
       (C) rehabilitation and new construction of public and 
     assisted housing funded by HOPE VI revitalization grants, 
     established under section 24 of the United States Housing Act 
     of 1937 (42 U.S.C. 1437v), where such standards are 
     determined to be cost effective by the Secretary of Housing 
     and Urban Development; and
       (B) in paragraph (2), by striking ``Council of American'' 
     and all that follows through ``life-cycle cost basis'' and 
     inserting ``2000 International Energy Conservation Code'';
       (2) in subsection (b)--
       (A) by striking ``the date of the enactment of the Energy 
     Policy Act of 1992'' and inserting ``September 30, 2002''; 
     and
       (B) by striking ``CABO'' and all that follows through 
     ``1989'' and inserting ``the 2000 International Energy 
     Conservation Code''; and
       (3) in subsection (c)--
       (A) in the heading, by striking ''Model Energy Code'' and 
     inserting ``The International Energy Conservation Code''; and
       (B) by striking ``CABO'' and all that follows through 
     ``1989'' and inserting ``the 2000 International Energy 
     Conservation Code''.

     SEC. 940. ENERGY STRATEGY FOR HUD.

       (a) In General.--The Secretary of Housing and Urban 
     Development shall develop and implement an integrated 
     strategy to reduce utility expenses through cost-effective 
     Energy conservation and efficiency measures, design and 
     construction in public and assisted housing.
       (b) Energy Management Office.--The Secretary of Housing and 
     Urban Development shall create an office at the Department of 
     Housing and Urban Development for utility management, energy 
     efficiency, and conservation, with responsibility for 
     implementing the strategy developed under this section, 
     including development of a centralized database that monitors 
     public housing energy usage, and development of energy 
     reduction goals and incentives for public housing agencies. 
     The Secretary shall submit an annual report to Congress on 
     the strategy.
                                  ____

  SA 3154. Mr. BINGAMAN (for Mr. Kennedy) 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 183, line 15, strike ``and'' and all that follows 
     through line 19, and insert the following:
       (2) the term ``idling'' means not turning off an engine 
     while remaining stationary for more than approximately 3 
     minutes; and
       (3) the term ``ultra-low sulfur diesel school bus'' means a 
     school bus powered by diesel fuel which contains sulfur at 
     not more than 15 parts per million.
       (k) Reduction of School Bus Idling.--Each local educational 
     agency (as defined in section 9101 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7801)) that 
     receives Federal funds under the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6301 et seq.) is encouraged 
     to develop a policy to reduce the incidence of school buses 
     idling at schools when picking up and unloading students.
                                  ____

  SA 3155. Mr. BINGAMAN (for Mrs. Lincoln) proposed an amendment to 
amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. 
Bingaman) to the bill (S. 517) to authorize funding the Department of 
Energy to enhance its mission areas through technology transfer and 
partnerships for fiscal years 2002 through 2006, and for other 
purposes; as follows:

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

     SEC. 514. DECOMMISSIONING PILOT PROGRAM.

       (a) Pilot Program.--The Secretary of Energy shall establish 
     a decommissioning pilot program to decommission and 
     decontaminate the sodium-cooled fast breeder experimental 
     test-site reactor located in northeast Arkansas in accordance 
     with the decommissioning activities contained in the August 
     31, 1998 Department of Energy report on the reactor.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $16,000,000.
                                  ____

  SA 3156. Mr. BINGAMAN (for 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 443, after line 8, insert the following:

     SEC. 1237. CLEAN COAL TECHNOLOGY LOAN.

       There is authorized to be appropriated not to exceed 
     $125,000,000 to the Secretary of Energy to provide a loan to 
     the owner of the experimental plant constructed under United 
     States Department of Energy cooperative agreement number DE-
     FC22-91PC99544 on such terms and conditions as the Secretary 
     determines, including interest rates and upfront payments.
                                  ____

  SA 3157. Mr. THURMOND 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 were ordered to lie on the table; as follows:

       On page 574, between lines 11 and 12, insert the following:

     SEC. 17  . REPORT ON RESEARCH ON HYDROGEN PRODUCTION AND USE.

       Not later than 120 days after the date of enactment of this 
     Act, the Secretary of Energy shall submit to Congress a 
     report that identifies current or potential research projects 
     at Department of Energy nuclear facilities relating to--
       (1) the production of hydrogen; or
       (2) the use of hydrogen in fuel cell development or any 
     other method or process enhancing alternative energy 
     production technologies.

     
                                  ____
  SA 3158. Mr. CONRAD (for himself and Mr. Smith of New Hampshire) 
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 section 2104 and insert the following:

     SEC. 2104. CREDIT FOR BUSINESS INSTALLATION OF QUALIFIED FUEL 
                   CELLS AND STATIONARY MICROTURBINE POWER PLANTS.

       (a) In General.--Subparagraph (A) of section 48(a)(3) 
     (defining energy property) is amended by striking ``or'' at 
     the end of clause (i), by adding ``or'' at the end of

[[Page 5133]]

     clause (ii), and by inserting after clause (ii) the following 
     new clause:
       ``(iii) qualified fuel cell property or qualified 
     microturbine property,''.
       (b) Qualified Fuel Cell Property; Qualified Microturbine 
     Property.--Subsection (a) of section 48 is amended by 
     redesignating paragraphs (4) and (5) as paragraphs (5) and 
     (6), respectively, and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) Qualified fuel cell property; qualified microturbine 
     property.--For purposes of this subsection--
       ``(A) Qualified fuel cell property.--
       ``(i) In general.--The term `qualified fuel cell property' 
     means a fuel cell power plant that--

       ``(I) generates at least 1 kilowatt of electricity using an 
     electrochemical process, and
       ``(II) has an electricity-only generation efficiency 
     greater than 30 percent.

       ``(ii) Limitation.--In the case of qualified fuel cell 
     property placed in service during the taxable year, the 
     credit determined under paragraph (1) for such year with 
     respect to such property shall not exceed an amount equal to 
     the lesser of--

       ``(I) 30 percent of the basis of such property, or
       ``(II) $1,000 for each kilowatt of capacity of such 
     property.

       ``(iii) Fuel cell power plant.--The term `fuel cell power 
     plant' means an integrated system comprised of a fuel cell 
     stack assembly and associated balance of plant components 
     that converts a fuel into electricity using electrochemical 
     means.
       ``(iv) Termination.--Such term shall not include any 
     property placed in service after December 31, 2007.
       ``(B) Qualified microturbine property.--
       ``(i) In general.--The term `qualified microturbine 
     property' means a stationary microturbine power plant which 
     has an electricity-only generation efficiency not less than 
     26 percent at International Standard Organization conditions.
       ``(ii) Limitation.--In the case of qualified microturbine 
     property placed in service during the taxable year, the 
     credit determined under paragraph (1) for such year with 
     respect to such property shall not exceed an amount equal to 
     the lesser of--

       ``(I) 10 percent of the basis of such property, or
       ``(II) $200 for each kilowatt of capacity of such property.

       ``(iii) Stationary microturbine power plant.--The term 
     `stationary microturbine power plant means a system 
     comprising of a rotary engine which is actuated by the 
     aerodynamic reaction or impulse or both on radial or axial 
     curved full-circumferential-admission airfoils on a central 
     axial rotating spindle. Such system--

       ``(I) commonly includes an air compressor, combustor, gas 
     pathways which lead compressed air to the combustor and which 
     lead hot combusted gases from the combustor to 1 or more 
     rotating turbine spools, which in turn drive the compressor 
     and power output shaft,
       ``(II) includes a fuel compressor, recuperator/regenerator, 
     generator or alternator, integrated combined cycle equipment, 
     cooling-heating-and-power equipment, sound attenuation 
     apparatus, and power conditioning equipment, and
       ``(III) includes all secondary components located between 
     the existing infrastructure for fuel delivery and the 
     existing infrastructure for power distribution, including 
     equipment and controls for meeting relevant power standards, 
     such as voltage, frequency, and power factors.

       ``(iv) Termination.--Such term shall not include any 
     property placed in service after December 31, 2006.''.
       (c) Limitation.--Section 48(a)(2)(A) (relating to energy 
     percentage) is amended to read as follows:
       ``(A) In general.--The energy percentage is--
       ``(i) in the case of qualified fuel cell property, 30 
     percent, and
       ``(ii) in the case of any other energy property, 10 
     percent.''.
       (d) Conforming Amendments.--
       (A) Section 29(b)(3)(A)(i)(III) is amended by striking 
     ``section 48(a)(4)(C)'' and inserting ``section 
     48(a)(5)(C)''.
       (B) Section 48(a)(1) is amended by inserting ``except as 
     provided in subparagraph (A)(ii) or (B)(ii) of paragraph 
     (4),'' before ``the energy''.
       (e) Effective Date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2002, under rules similar to the rules of section 48(m) of 
     the Internal Revenue Code of 1986 (as in effect on the day 
     before the date of the enactment of the Revenue 
     Reconciliation Act of 1990).
                                  ____

  SA 3159. 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:

       At the appropriate place, insert the following:

                  TITLE  --IRAQ OIL IMPORT RESTRICTION

     SECTION __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--
       (1) the government of the Republic of Iraq:
       (A) has failed to comply with the terms of United Nations 
     Security Council Resolution 686 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 
     661 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.
       (F) pays bounties to the families of suicide bombers in 
     order to encourage the murder of Israeli civilians.
       (2) 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 Title will remain in effect until such time as the 
     President, after consultation with the relevant committees in 
     Congress, certifies to the Congress that:
       (a) (1) Iraq is in substantial compliance with the terms of
       (A) UNSC Resolution 687 and
       (B) UNSC Resolution 986 prohibiting smuggling of oil in 
     circumvention of the ``Oil-for-Food'' program; and
       (2) ceases the practice of compensating the families of 
     suicide bombers in order to encourage the murder of Israeli 
     citizens; or that
       (b) resuming the important 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 the direct or indirect sale, donation 
     or other transfer to appropriate non-governmental health and 
     humanitarian organizations and individuals within Iraqi 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

[[Page 5134]]

     Security Council Resolution 986, adopted April 14, 1995.

     SEC. __6. EFFECTIVE DATE.

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

  SA 3160. Mr. KENNEDY (for himself, Mr. Brownback, Mrs. Feinstein, and 
Mr. Kyl) proposed an amendment to the bill H.R. 3525, to enhance the 
border security of the United States, and for other purposes; as 
follows:

       On page 2, line 4, strike ``2001'' and insert ``2002''.
       On page 2, in the table of contents, strike the item 
     relating to title IV and insert the following:

           ``TITLE IV--INSPECTION AND ADMISSION OF ALIENS''.

       On page 3, between lines 15 and 16, insert the following:
       (3) Chimera system.--The term ``Chimera system'' means the 
     interoperable electronic data system required to be developed 
     and implemented by section 202(a)(2).

       On page 3, line 16, strike ``(3)'' and insert ``(4)''.
       On page 4, line 15, strike ``(4)'' and insert ``(5)''.
       On page 4, line 19, strike ``(5)'' and insert ``(6)''.
       On page 5, line 4, strike ``(6)'' and insert ``(7)''.
       On page 5, line 16, strike ``2002'' and insert ``2003''.
       On page 6, line 1, strike ``2002'' and insert ``2003''.
       On page 6, strike lines 17 through 20.
       On page 6, line 21, strike ``(c)'' and insert ``(b)''.
       On page 7, line 2, insert ``effective October 1, 2002'' 
     after ``basic pay''.
       On page 8, line 1, strike ``(d)'' and insert ``(c)''.
       On page 8, line 10, strike ``and''.
       On page 8, line 21, strike ``(e)'' and insert ``(d)''.
       On page 15, line 11, strike ``one year'' and insert ``15 
     months''.
       On page 15, line 13, strike ``six months'' and insert ``one 
     year''.
  On page 16, line 12, before the period insert the following: ``(also 
known as the `Chimera system')''.
       On page 20, line 13, insert ``the'' after ``about''.
       On page 21, line 7, insert ``Central'' after ``Director 
     of''.
       On page 22, line 2, strike ``in this title'' and insert 
     ``in section 202''.
       On page 22, line 24, strike ``against''.
       On page 23, between lines 14 and 15, insert the following 
     new sections:

     SEC. 204. PERSONNEL MANAGEMENT AUTHORITIES FOR POSITIONS 
                   INVOLVED IN THE DEVELOPMENT AND IMPLEMENTATION 
                   OF THE INTEROPERABLE ELECTRONIC DATA SYSTEM 
                   (``CHIMERA SYSTEM'').

       (a) In General.--Notwithstanding any other provision of law 
     relating to position classification or employee pay or 
     performance, the Attorney General may hire and fix the 
     compensation of necessary scientific, technical, engineering, 
     and other analytical personnel for the purpose of the 
     development and implementation of the interoperable 
     electronic data system described in section 202(a)(2) (also 
     known as the ``Chimera system'').
       (b) Limitation on Rate of Pay.--Except as otherwise 
     provided by law, no employee compensated under subsection (a) 
     may be paid at a rate in excess of the rate payable for a 
     position at level III of the Executive Schedule.
       (c) Limitation on Total Calendar Year Payments.--Total 
     payments to employees under any system established under this 
     section shall be subject to the limitation on payments to 
     employees under section 5307 of title 5, United States Code.
       (d) Operating Plan.--Not later than 90 days after the date 
     of enactment of this Act, the Attorney General shall submit 
     to the Committee on Appropriations, the Committee on the 
     Judiciary, the Select Committee on Intelligence, and the 
     Committee on Foreign Relations of the Senate and the 
     Committee on Appropriations, the Committee on the Judiciary, 
     the Permanent Select Committee on Intelligence, and the 
     Committee on International Relations of the House of 
     Representatives an operating plan--
       (1) describing the Attorney General's intended use of the 
     authority under this section; and
       (2) identifying any provisions of title 5, United States 
     Code, being waived for purposes of the development and 
     implementation of the Chimera system.
       (e) Termination Date.--The authority of this section shall 
     terminate upon the implementation of the Chimera system.

     SEC. 205. PROCUREMENT OF EQUIPMENT AND SERVICES FOR THE 
                   DEVELOPMENT AND IMPLEMENTATION OF THE 
                   INTEROPERABLE ELECTRONIC DATA SYSTEM (``CHIMERA 
                   SYSTEM'').

       (a) Exemption From Applicable Federal Acquisition Rules.--
       (1) In general.--Notwithstanding any other provision of 
     law, for the purpose of the development and implementation of 
     the interoperable electronic data system described in section 
     202(a)(2) (also known as the ``Chimera system''), the 
     Attorney General may use any funds available for the Chimera 
     system to purchase or lease equipment or any related items, 
     or to acquire interim services, without regard to any 
     otherwise applicable Federal acquisition rule, if the 
     Attorney General determines that--
       (A) there is an exigent need for the equipment, related 
     items, or services in order to support interagency 
     information sharing under this title;
       (B) the equipment, related items, or services required are 
     not available within the Department of Justice; and
       (C) adherence to that Federal acquisition rule would--
       (i) delay the timely acquisition of the equipment, related 
     items, or services; and
       (ii) adversely affect interagency information sharing under 
     this title.
       (2) Definition.--In this subsection, the term ``Federal 
     acquisition rule'' means any provision of title III or IX of 
     the Federal Property and Administrative Services Act of 1949, 
     the Office of Federal Procurement Policy Act, the Small 
     Business Act, the Federal Acquisition Regulation, or any 
     other provision of law or regulation that establishes 
     policies, procedures, requirements, conditions, or 
     restrictions for procurements by the head of a department or 
     agency of the Federal Government.
       (b) Notification of Congressional Appropriations 
     Committees.--The Attorney General shall immediately notify 
     the Committees on Appropriations of the House of 
     Representatives and the Senate in writing of each expenditure 
     under subsection (a), which notification shall include 
     sufficient information to explain the circumstances 
     necessitating the exercise of the authority under that 
     subsection.
       On page 23, line 25, strike ``an alien'' and insert ``each 
     alien''.
       On page 24, line 16, strike ``202(a)(3)(B)'' and insert 
     ``202(a)(4)(B)''.
       On page 26, line 2, insert ``and authentication'' after 
     ``biometric comparison''.
       On page 26, line 5, strike ``each report'' and insert ``the 
     report required by that paragraph''.
       On page 26, line 15, insert ``other'' after ``visas and''.
       On page 26, line 18, insert ``document authentication 
     standards and'' after ``tablish''.
       On page 26, line 19, insert ``other'' after ``visas and''.
       On page 27, line 3, insert ``and authentication'' after 
     ``biometric comparison''.
       On page 27, line 4, insert ``other'' after ``visas and''.
       On page 27, line 13, strike ``and''.
       On page 27, line 16, strike the period and insert ``; 
     and''.
       On page 27, between lines 16 and 17, insert the following:
       (iii) can authenticate the document presented to verify 
     identity.
       On page 27, line 22, strike ``202(a)(3)(B)'' and insert 
     ``202(a)(4)(B)''.
       On page 28, lines 9 and 10, strike ``identifiers that 
     comply with applicable biometric identifiers'' and insert 
     ``and document authentication identifiers that comply with 
     applicable biometric and document identifying''.
       On page 28, line 17, insert ``under section 217 of the 
     Immigration and Nationality Act'' after ``program''.
       On page 29, line 4, insert ``to a foreign country'' after 
     ``United States mission''.
       On page 29, line 23, strike ``The committee'' and insert 
     ``Each committee established under subsection (a)''.
       On page 30, line 1, strike ``The committee'' and insert 
     ``Each committee established under subsection (a)''.
       On page 30, line 2, strike ``quarterly'' and insert 
     ``monthly''.
       On page 30, line 5, strike ``quarter'' and insert 
     ``month''.
       On page 30, line 1, strike ``Periodic Reports'' and insert 
     ``Periodic Reports to the Secretary of State''.
       On page 30, between lines 5 and 6, insert the following new 
     subsection:
       (f) Reports to Congress.--The Secretary of State shall 
     submit a report on a quarterly basis to the appropriate 
     committees of Congress on the status of the committees 
     established under subsection (a).
       On page 30, line 6, strike ``(f)'' and insert ``(g)''.
       On page 35, strike lines 1 and 2 and insert the following:

              TITLE IV--INSPECTION AND ADMISSION OF ALIENS

       On page 35, lines 10 and 11, strike ``officials specified 
     in subsection (a)'' and insert ``President''.
       On page 37, line 2, strike ``(i)'' and insert ``(j)''.
       On page 37, strike lines 3 and 4 and insert the following:
       (3) by striking ``Sec. 231.'' and inserting the following:
       ``Sec. 231. (a) Arrival Manifests.--For
       On page 37, lines 9 and 10, strike ``an immigration 
     officer'' and insert ``any United States border officer (as 
     defined in subsection (i)''.
       On page 37, line 19, strike ``an immigration officer'' and 
     insert ``any United States border officer (as defined in 
     subsection (i)''.

[[Page 5135]]

       On page 39, line 9, insert a comma immediately after 
     ``that''.
       On page 39, lines 9 and 10, strike ``, aircraft, or land 
     carriers'' and insert ``or aircraft''.
       On page 40, line 5, strike ``, aircraft, or land carrier'' 
     and insert ``or aircraft''.
       On page 40, line 16, strike the quotation marks and the 
     second period.
       On page 40 between lines 16 and 17, insert the following:
       ``(i) United States Border Officer Defined.--In this 
     section, the term `United States border officer' means, with 
     respect to a particular port of entry into the United States, 
     any United States official who is performing duties at that 
     port of entry.''.
       On page 40, beginning on line 17, strike ``Not'' and all 
     that follows through the end of line 18 and insert the 
     following:
       (1) Study.--The
       On page 41, between lines 2 and 3, insert the following:
       (2) Report.--Not later than two years after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report setting forth the findings of the study conducted 
     under paragraph (1).
       On page 41, after line 22, add the following new section:

     SEC. 404. JOINT UNITED STATES-CANADA PROJECTS FOR ALTERNATIVE 
                   INSPECTIONS SERVICES.

       (a) In General.--United States border inspections agencies, 
     including the Immigration and Naturalization Service, acting 
     jointly and under an agreement of cooperation with the 
     Government of Canada, may conduct joint United States-Canada 
     inspections projects on the international border between the 
     two countries. Each such project may provide alternative 
     inspections services and shall undertake to harmonize the 
     criteria for inspections applied by the two countries in 
     implementing those projects.
       (b) Annual Report.--The Attorney General and the Secretary 
     of the Treasury shall prepare and submit annually to Congress 
     a report on the joint United States-Canada inspections 
     projects conducted under subsection (a).
       (c) Exemption From Administrative Procedure Act and 
     Paperwork Reduction Act.--Subchapter II of chapter 5 of title 
     5, United States Code (commonly referred to as the 
     ``Administrative Procedure Act'') and chapter 35 of title 44, 
     United States Code (commonly referred to as the ``Paperwork 
     Reduction Act'') shall not apply to fee setting for services 
     and other administrative requirements relating to projects 
     described in subsection (a), except that fees and forms 
     established for such projects shall be published as a notice 
     in the Federal Register.
       On page 48, line 16, strike ``or'' and insert ``and''.
       On page 54, lines 24 and 25, strike ``proceeding'' and 
     insert ``proceedings''.
                                  ____

  SA 3161. Mr. BYRD proposed an amendment to the bill H.R. 3525, to 
enhance the border security of the United States, and for other 
purposes; as follows:

       On page 49, beginning on line 4, strike ``The'' and all 
     that follows through ``reviews'' on line 7 and insert ``Not 
     later than two years after the date of enactment of this Act, 
     and every two years thereafter, the Commissioner of 
     Immigration and Naturalization, in consultation with the 
     Secretary of Education, shall conduct a review''.
       On page 49, lines 22 and 23, strike ``The Secretary of 
     State shall conduct periodic reviews'' and insert ``Not later 
     than two years after the date of enactment of this Act, and 
     every two years thereafter, the Secretary of State shall 
     conduct a review''.
       On page 50, line 16, strike ``(c) Effect of Failure to 
     Comply.--Failure'' and insert ``(c) Effect of Material 
     Failure to Comply.--Material failure''.
       Beginning on page 50, line 24, strike ``may'' and all that 
     follows through the period on line 5 of page 51 and insert 
     the following: ``shall result in the suspension for at least 
     one year or termination, at the election of the Commissioner 
     of Immigration and Naturalization, of the institution's 
     approval to receive such students, or result in the 
     suspension for at least one year or termination, at the 
     election of the Secretary of State, of the other entity's 
     designation to sponsor exchange visitor program participants, 
     as the case may be.''.
                                  ____

  SA 3162. Mr. BYRD proposed an amendment to the bill H.R. 3525, to 
enhance the border security of the United States, and for other 
purposes; as follows:

       Beginning on page 32, strike line 23 and all that follows 
     through line 5 on page 33 and insert the following:
       (a) Reporting Passport Thefts.--Section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187) is amended--
       (1) by adding at the end of subsection (c)(2) the following 
     new subparagraph:
       ``(D) Reporting passport thefts.--The government of the 
     country certifies that it reports to the United States 
     Government on a timely basis the theft of blank passports 
     issued by that country.''; and
       (2) in subsection (c)(5)(A)(i), by striking ``5 years'' and 
     inserting ``2 years''; and
       (3) by adding at the end of subsection (f) the following 
     new paragraph:
       ``(5) Failure to report passport thefts.--If the Attorney 
     General and the Secretary of State jointly determine that the 
     program country is not reporting the theft of blank 
     passports, as required by subsection (c)(2)(D), the Attorney 
     General shall terminate the designation of the country as a 
     program country.''.
                                  ____

  SA 3163. Mr. BYRD proposed an amendment to the bill H.R. 3525, to 
enhance the border security of the United States, and for other 
purposes; as follows:

       On page 25, line 21, strike ``October 26, 2003'' and insert 
     ``October 26, 2004''.
       On page 26, lines 12 and 13, strike ``October 26, 2003'' 
     and insert ``October 26, 2004''.
       On page 26, lines 24 and 25, strike ``October 26, 2003'' 
     and insert ``October 26, 2004''.
       On page 28, line 2, strike ``October 26, 2003'' and insert 
     ``October 26, 2004''.
       On page 28, line 16, strike ``October 26, 2003'' and insert 
     ``October 26, 2004''.
                                  ____

  SA 3164. Mr. BYRD proposed an amendment to the bill H.R. 3525, to 
enhance the border security of the United States, and for other 
purposes; as follows:

       On page 39, line 25, strike ``$300'' and insert ``$1,000''.
                                  ____

  SA 3165. 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. __. ENERGY CREDIT FOR WIND ENERGY PROPERTY.

       (a) In General.--Subparagraph (A) of section 48(a)(3) 
     (defining energy property), as amended by this Act, is 
     amended by striking ``or'' at the end of clause (iii), by 
     adding ``or'' at the end of clause (iv), and by inserting 
     after clause (iv) the following new clause:
       ``(v) qualified wind energy property,''.
       (b) Qualified Wind Energy Property.--Subsection (a) of 
     section 48, as amended by this Act, is amended by 
     redesignating paragraphs (6) and (7) as paragraphs (7) and 
     (8), respectively, and by inserting after paragraph (5) the 
     following new paragraph:
       ``(6) Qualified wind energy property.--For purposes of this 
     subsection--
       ``(A) Qualified wind energy property.--The term `qualified 
     wind energy property' means a qualifying wind turbine if 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.
       ``(B) 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.''.
       (c) No Carryback of Energy Credit Before Effective Date.--
     Subsection (d) of section 39, as amended by this Act, is 
     amended by adding at the end the following new paragraph:
       ``(20) No carryback of energy credit before effective 
     date.--No portion of the unused business credit for any 
     taxable year which is attributable to the energy credit with 
     respect to property described in section 48(a)(6) may be 
     carried back to a taxable year ending before January 1, 
     2003.''.
       (d) Conforming Amendments.--
       (A) Section 25C(e)(6), as added by this Act, is amended by 
     striking ``section 48(a)(6)(C)'' and inserting ``section 
     48(a)(7)(C)''.
       (B) Section 29(b)(3)(A)(i)(III), as amended by this Act, is 
     amended by striking ``sec-
     tion 48(a)(6)(C)'' and inserting ``section 48(a)(7)(C)''.
       (C) Section 48(a)(3)(C) is amended by inserting ``(other 
     than property described in subparagraph (A)(v)),'' before 
     ``with respect''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to property placed in service or installed after 
     December 31, 2002, under rules similar to the rules of 
     section 48(m) of the Internal Revenue Code of 1986 (as in 
     effect on the day before the date of the enactment of the 
     Revenue Reconciliation Act of 1990).
                                  ____

  SA 3166. Mrs. FEINSTEIN 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 5136]]

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

       On page 189, line 3, strike ``2004'' and insert ``2008''.
       On page 189, line 5, strike ``2004'' and insert ``2008''.
       On page 189, line 8, strike ``2004'' and insert ``2008''.
       On page 189, in the table between lines 10 and 11, strike 
     the items relating to calendar years 2004 through 2007.
       On page 190, lines 13 and 14, strike ``each calendar year, 
     through 2011,'' and insert ``each of calendar years 2007 
     through 2011,''.
       On page 190, line 19, strike ``each calendar year, through 
     2011,'' and insert ``each of calendar years 2007 through 
     2011''.
       On page 193, line 10, strike ``2004'' and insert ``2008''.
       On page 194, line 21, strike ``2004'' and insert ``2008''.
       On page 196, line 17, strike ``2004'' and insert ``2008''.
       On page 197, line 4, strike ``2004'' and insert ``2008''.
       On page 199, line 4, strike ``2004'' and insert ``2008''.
       On page 199, line 17, strike ``2004'' and insert ``2008''.
                                  ____

  SA 3167. Mrs. FEINSTEIN 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 189, line 3, strike ``2004'' and insert ``2011''.
       On page 189, line 5, strike ``2004 through'' and insert 
     ``2011 and''.
       On page 189, line 8, strike ``2004 through'' and insert 
     ``2011 and''.
       On page 189, in the table between lines 10 and 11, strike 
     the items relating to calendar years 2004 through 2010.
       On page 190, lines 13 and 14, strike ``each calendar year, 
     through 2011,'' and insert ``each of calendar years 2010 and 
     2011,''.
       On page 190, line 19, strike ``each calendar year, through 
     2011,'' and insert ``each of calendar years 2010 and 2011''.
       On page 193, line 10, strike ``2004 through'' and insert 
     ``2011 and''.
       On page 194, line 21, strike ``2004'' and insert ``2011''.
       On page 196, line 17, strike ``2004'' and insert ``2011''.
       On page 197, line 4, strike ``2004'' and insert ``2011''.
       On page 197, line 12, strike ``2008'' and insert ``2011''.
       On page 199, line 4, strike ``2004'' and insert ``2011''.
       On page 199, line 17, strike ``2004'' and insert ``2011''.
                                  ____

  SA 3168. Mrs. FEINSTEIN 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 216, after line 21, add the following:

     SEC. __. PHASEOUT OF TAX SUBSIDIES FOR ETHANOL FUEL AS MARKET 
                   SHARE OF SUCH FUEL INCREASES.

       (a) In General.--Not later than December 15 of 2002, and 
     each subsequent calendar year, the Secretary of the Treasury 
     shall determine the percentage increase (if any) of the 
     ethanol fuel market share for the preceding calendar year 
     over the highest ethanol fuel market share for any preceding 
     calendar year and shall, notwithstanding any provision of the 
     Internal Revenue Code of 1986, reduce by the same percentage 
     the ethanol fuel subsidies under sections 40, 4041, 4081, and 
     4091 of such Code beginning on January 1 of the subsequent 
     calendar year.
       (b) Ethanol Fuel Market Share.--For purposes of this 
     section, the ethanol fuel market share for any calendar year 
     shall be determined from data of the Energy Information 
     Administration of the Department of Energy.
       (c) Ethanol Fuel.--For purposes of this section, the term 
     `ethanol fuel' means any fuel the alcohol in which is 
     ethanol.
       (d) Floor Stock Taxes.--
       (1) Imposition of tax.--In the case of ethanol fuel which 
     is held on any tax increase date by any person, there is 
     hereby imposed a floor stocks tax in an amount determined by 
     the Secretary to equal the reduction in ethanol fuel 
     subsidies described in subsection (a) beginning on such date.
       (2) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding ethanol fuel on 
     any tax increase date to which the tax imposed by paragraph 
     (1) applies shall be liable for such tax.
       (B) Method of payment.--The tax imposed by paragraph (1) 
     shall be paid in such manner as the Secretary shall 
     prescribe.
       (C) Time for payment.--The tax imposed by paragraph (1) 
     shall be paid on or before the date which is 6 months after 
     such tax increase date.
       (3) Definitions.--For purposes of this subsection--
       (A) Tax increase date.--The term ``tax increase date'' 
     means any January 1 on which begins a reduction in ethanol 
     fuel subsidies described in subsection (a).
       (B) Held by a person.--Ethanol fuel shall be considered as 
     ``held by a person'' if title thereto has passed to such 
     person (whether or not delivery to the person has been made).
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or the Secretary's delegate.
       (4) Exception for exempt uses.--The tax imposed by 
     paragraph (1) shall not apply to ethanol fuel held by any 
     person exclusively for any use to the extent a credit or 
     refund of the tax imposed by section 4041, 4081, or 4091 of 
     the Internal Revenue Code of 1986 is allowable for such use.
       (5) Exception for fuel held in vehicle tank.--No tax shall 
     be imposed by paragraph (1) on ethanol fuel held in the tank 
     of a motor vehicle or motorboat.
       (6) Exception for certain amounts of fuel.--
       (A) In general.--No tax shall be imposed by paragraph (1) 
     on ethanol fuel held on any tax increase date by any person 
     if the aggregate amount of ethanol fuel held by such person 
     on such date does not exceed 2,000 gallons. The preceding 
     sentence shall apply only if such person submits to the 
     Secretary (at the time and in the manner required by the 
     Secretary) such information as the Secretary shall require 
     for purposes of this paragraph.
       (B) Exempt fuel.--For purposes of subparagraph (A), there 
     shall not be taken into account fuel held by any person which 
     is exempt from the tax imposed by paragraph (1) by reason of 
     paragraph (4) or (5).
       (C) Controlled groups.--For purposes of this paragraph--
       (i) Corporations.--

       (I) In general.--All persons treated as a controlled group 
     of corporations shall be treated as 1 person.
       (II) Controlled group of corporations.--The term 
     ``controlled group of corporations'' has the meaning given to 
     such term by subsection (a) of section 1563 of such Code; 
     except that for such purposes the phrase ``more than 50 
     percent'' shall be substituted for the phrase ``at least 80 
     percent'' each place it appears in such subsection.

       (ii) Nonincorporated persons under common control.--Under 
     regulations prescribed by the Secretary, principles similar 
     to the principles of clause (i) shall apply to a group of 
     persons under common control where 1 or more of such persons 
     is not a corporation.
       (7) Other laws applicable.--All provisions of law, 
     including penalties, applicable with respect to the taxes 
     imposed by section 4081 of such Code shall, insofar as 
     applicable and not inconsistent with the provisions of this 
     subsection, apply with respect to the floor stock taxes 
     imposed by paragraph (1) to the same extent as if such taxes 
     were imposed by such section 4081.
                                  ____

  SA 3169. Mrs. FEINSTEIN 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 189, line 3, strike ``2004'' and insert ``2006''.
       On page 189, line 5, strike ``2004'' and insert ``2006''.
       On page 189, line 8, strike ``2004'' and insert ``2006''.
       On page 189, in the table between lines 10 and 11, strike 
     the items relating to calendar years 2004 and 2005.
       On page 190, lines 13 and 14, strike ``each calendar year, 
     through 2011,'' and insert ``each of calendar years 2005 
     through 2011,''.
       On page 190, line 19, strike ``each calendar year, through 
     2011,'' and insert ``each of calendar years 2005 through 
     2011''.
       On page 193, line 10, strike ``2004'' and insert ``2006''.
       On page 194, line 21, strike ``2004'' and insert ``2006''.
       On page 196, line 17, strike ``2004'' and insert ``2006''.
       On page 197, line 4, strike ``2004'' and insert ``2006''.
       On page 199, line 4, strike ``2004'' and insert ``2006''.
       On page 199, line 17, strike ``2004'' and insert ``2006''.
                                  ____

  SA 3170. Mrs. FEINSTEIN 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 5137]]

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

       Beginning on page 195, strike line 19 and all that follows 
     through page 196, line 4, and insert the following:
       ``(B) Petitions for waivers.--
       ``(i) In general.--The Administrator, in consultation with 
     the Secretary of Agriculture and the Secretary of Energy, 
     shall approve or disapprove a State petition for a waiver of 
     the requirement of paragraph (2) within 90 days after the 
     date on which the petition is received by the Administrator.
       ``(ii) Failure to act.--If the Administrator fails to 
     approve or disapprove a petition within the period specified 
     in clause (i), the petition shall be deemed to be approved.
                                  ____

  SA 3171. Mrs. FEINSTEIN 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 189, line 3, strike ``2004'' and insert ``2007''.
       On page 189, line 5, strike ``2004'' and insert ``2007''.
       On page 189, line 8, strike ``2004'' and insert ``2007''.
       On page 189, in the table between lines 10 and 11, strike 
     the items relating to calendar years 2004 through 2006.
       On page 190, lines 13 and 14, strike ``each calendar year, 
     through 2011,'' and insert ``each of calendar years 2006 
     through 2011,''.
       On page 190, line 19, strike ``each calendar year, through 
     2011,'' and insert ``each of calendar years 2006 through 
     2011''.
       On page 193, line 10, strike ``2004'' and insert ``2007''.
       On page 194, line 21, strike ``2004'' and insert ``2007''.
       On page 196, line 17, strike ``2004'' and insert ``2007''.
       On page 197, line 4, strike ``2004'' and insert ``2007''.
       On page 199, line 4, strike ``2004'' and insert ``2007''.
       On page 199, line 17, strike ``2004'' and insert ``2007''.
                                  ____

  SA 3172. Mrs. FEINSTEIN 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 216, after line 21, add the following:

     SEC. __. ELIMINATION OF TAX SUBSIDIES FOR ETHANOL FUEL.

       (a) Elimination of Credit for Alcohol Used as Fuel.--
       (1) In general.--Subpart D of part IV of subchapter A of 
     chapter 1, as amended by this Act, is amended by striking 
     section 40 (relating to alcohol used as fuel).
       (2) Clerical and conforming amendments.--
       (A) Subsection (b) of section 38 (relating to general 
     business credit), as amended by this Act, is amended by 
     striking paragraph (3) and by redesignating paragraphs (4) 
     through (23) as paragraphs (3) through (22), respectively.
       (B) Paragraph (3) of section 38(d) (relating to credits no 
     longer listed) is amended by striking ``and'' at the end of 
     subparagraph (A), by striking the period at the end of 
     subparagraph (B) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(C) the credit allowable by section 40, as in effect on 
     the day before the date of the enactment of this subparagraph 
     (relating to alcohol used as fuel) shall be treated as 
     referred to after the last paragraph of subsection (b) and 
     after any credits treated as referred to by reason of 
     subparagraph (A).''
       (C) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by striking the item relating to section 40.
       (D)(i) Part II of subchapter B of chapter 1 is amended by 
     striking section 87 (relating to alcohol fuel credit).
       (ii) The table of sections for part II of subchapter B of 
     chapter 1 is amended by striking the item relating to section 
     87.
       (iii) Subsection (a) of section 56 (relating to adjustments 
     in computing alternative minimum taxable income) is amended 
     by striking paragraph (7) (relating to section 87 not 
     applicable).
       (E) Subsection (c) of section 196 (relating to qualified 
     business credits), as amended by this Act, is amended by 
     striking paragraph (3) and redesignating paragraphs (4) 
     through (12) as paragraphs (3) through (11), respectively.
       (F) Section 6501(m) (relating to deficiencies attributable 
     to election of certain credits), as amended by this Act, is 
     amended by striking ``40(f),''.
       (b) Reductions of Other Incentives for Ethanol Fuel.--
       (1) Repeal of reduced rate on ethanol fuel not produced 
     from petroleum or natural gas.--Subsection (b) of section 
     4041 is amended to read as follows:
       ``(b) Exemption for Off-Highway Business Use.--
       ``(1) In general.--No tax shall be imposed by subsection 
     (a) or (d)(1) on liquids sold for use or used in an off-
     highway business use.
       ``(2) Tax where other use.--If a liquid on which no tax was 
     imposed by reason of paragraph (1) is used otherwise than in 
     an off-highway business use, a tax shall be imposed by 
     paragraph (1)(B), (2)(B), or (3)(A)(ii) of subsection (a) 
     (whichever is appropriate) and by the corresponding provision 
     of subsection (d)(1) (if any).
       ``(3) Off-highway business use defined.--For purposes of 
     this subsection, the term `off-highway business use' has the 
     meaning given to such term by section 6421(e)(2); except that 
     such term shall not, for purposes of subsection (a)(1), 
     include use in a diesel-powered train.''
       (2) Repeal of reduced rate on ethanol fuel produced from 
     natural gas.--
       (A) Paragraph (1) of section 4041(m) is amended by striking 
     ``or ethanol'' in the material preceding subparagraph (A).
       (B) Clause (i) of section 4041(m)(1)(A) is amended by 
     striking ``2005--'' and all that follows and inserting 
     ``2005, 9.15 cents per gallon, and''.
       (C) Clause (ii) of section 4041(m)(1)(A) is amended by 
     striking ``2005--'' and all that follows and inserting 
     ``2005, 2.15 cents per gallon, and''.
       (D) Paragraph (2) of section 4041(m) is amended--
       (i) by striking ``or ethanol'' each place it appears in the 
     heading and text,
       (ii) by striking ``, ethanol,'' and
       (iii) by inserting ``(other than ethanol)'' after 
     ``alcohol''.
       (c) Tax of Fuel Alcohol to Same Extent as Other Motor 
     Fuels.--
       (1) Treatment as taxable fuel.--Paragraph (1) of section 
     4083(a) (defining taxable fuel) is amended by striking 
     ``and'' at the end of subparagraph (B), by striking the 
     period at the end of subparagraph (C) and inserting ``, 
     and'', and by adding at the end the following:
       ``(D) fuel alcohol.''
       (2) Definition of fuel alcohol.--Subsection (a) of section 
     4083 is amended by adding at the end the following new 
     paragraph:
       ``(4) Fuel alcohol.--The term `fuel alcohol' means any 
     alcohol (including ethanol and methanol)--
       ``(A) which is produced other than from petroleum, natural 
     gas, or coal (including peat), and
       ``(B) which is withdrawn from the distillery where produced 
     free of tax under chapter 51 by reason of section 5181 or so 
     much of section 5214(a)(1) as relates to fuel use.''
       (3) Rate of tax.--Clause (i) of section 4081(a)(2)(A) is 
     amended by striking ``(other than aviation gasoline)'' and 
     inserting ``(other than aviation gasoline) and fuel 
     alcohol''.
       (4) Special rules for imposition of tax.--Paragraph (1) of 
     section 4081(a) is amended by adding at the end the following 
     new subparagraph:
       ``(C) Special rules for fuel alcohol.--In the case of fuel 
     alcohol--
       ``(i) the distillery where produced shall be treated as a 
     refinery, and
       ``(ii) subparagraph (B) shall be applied by including 
     transfers by truck or rail in excess of such minimum 
     quantities as the Secretary shall prescribe.''
       (5) Repeal of reduced rates on alcohol fuels.--
       (A) Section 4041 is amended by striking subsection (k).
       (B) Section 4081 is amended by striking subsection (c).
       (C) Section 4091 is amended by striking subsection (c).
       (6) Conforming amendments.--
       (A) Subparagraph (A) of section 4041(a)(2) is amended--
       (i) by inserting ``other than fuel alcohol'' after ``any 
     product'', and
       (ii) by adding at the end the following flush sentence:

     ``No tax shall be imposed by this paragraph on the sale or 
     use of any fuel alcohol if tax was imposed on such alcohol 
     under section 4081 and the tax thereon was not credited or 
     refunded.''
       (B) Section 6427 is amended by striking subsection (f).
       (C) Subsection (i) of section 6427 is amended by striking 
     paragraph (3).
       (D) Paragraph (2) of section 6427(k) is amended by striking 
     ``(3),''.
       (E)(i) Paragraph (1) of section 6427(l) is amended by 
     striking ``or'' at the end of subparagraph (A), by 
     redesignating subparagraph (B) as subparagraph (C), and by 
     inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) any fuel alcohol (as defined in section 4083) on 
     which tax has been imposed by section 4041 or 4081, or''.

[[Page 5138]]

       (ii) Paragraph (2) of section 6427(l) is amended by 
     striking ``and'' at the end of subparagraph (A), by 
     redesignating subparagraph (B) as subparagraph (C), and by 
     inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) in the case of fuel alcohol (as so defined), any use 
     which is exempt from the tax imposed by section 4041(a)(2) 
     other than by reason of a prior imposition of tax, and''.
       (iii) The heading of subsection (l) of section 6427 is 
     amended by inserting ``, Fuel Alcohol,'' after ``Kerosene''.
       (F) Sections 9503(b)(1)(D) and 9508(b)(2) are each amended 
     by striking ``and kerosene'' and inserting ``kerosene, and 
     fuel alcohol''.
       (G) Subsection (e) of section 9502 is amended by striking 
     paragraph (2).
       (H) Paragraph (4) of section 9503(b) is amended by adding 
     ``and'' at the end of subparagraph (C), by striking the comma 
     at the end of subparagraph (D) and inserting a period, and by 
     striking subparagraphs (E) and (F).
       (d) Effective Dates.--
       (1) General rule.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.
       (2) Elimination of section 40 credit.--The amendments made 
     by subsection (a) shall apply to alcohol produced after the 
     date of the enactment of this Act.
       (e) Floor Stock Taxes.--
       (1) Imposition of tax.--In the case of fuel alcohol which 
     is held on the date of the enactment of this Act by any 
     person, there is hereby imposed a floor stocks tax of 18.4 
     cents per gallon.
       (2) Liability for tax and method of payment.--
       (A) Liability for tax.--A person holding fuel alcohol on 
     the date of the enactment of this Act to which the tax 
     imposed by paragraph (1) applies shall be liable for such 
     tax.
       (B) Method of payment.--The tax imposed by paragraph (1) 
     shall be paid in such manner as the Secretary shall 
     prescribe.
       (C) Time for payment.--The tax imposed by paragraph (1) 
     shall be paid on or before the date which is 6 months after 
     the date of the enactment of this Act.
       (3) Definitions.--For purposes of this subsection--
       (A) Fuel alcohol.--The term ``fuel alcohol'' has the 
     meaning given such term by section 4083 of the Internal 
     Revenue Code of 1986, as amended by this section.
       (B) Held by a person.--Fuel alcohol shall be considered as 
     ``held by a person'' if title thereto has passed to such 
     person (whether or not delivery to the person has been made).
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of the Treasury or his delegate.
       (4) Exception for exempt uses.--The tax imposed by 
     paragraph (1) shall not apply to fuel alcohol held by any 
     person exclusively for any use to the extent a credit or 
     refund of the tax imposed by section 4081 of the Internal 
     Revenue Code of 1986 is allowable for such use.
       (5) Exception for fuel held in vehicle tank.--No tax shall 
     be imposed by paragraph (1) on fuel alcohol held in the tank 
     of a motor vehicle or motorboat.
       (6) Exception for certain amounts of fuel.--
       (A) In general.--No tax shall be imposed by paragraph (1) 
     on fuel alcohol held on the date of the enactment of this Act 
     by any person if the aggregate amount of fuel alcohol held by 
     such person on such date does not exceed 2,000 gallons. The 
     preceding sentence shall apply only if such person submits to 
     the Secretary (at the time and in the manner required by the 
     Secretary) such information as the Secretary shall require 
     for purposes of this paragraph.
       (B) Exempt fuel.--For purposes of subparagraph (A), there 
     shall not be taken into account fuel held by any person which 
     is exempt from the tax imposed by paragraph (1) by reason of 
     paragraph (4) or (5).
       (C) Controlled groups.--For purposes of this paragraph--
       (i) Corporations.--

       (I) In general.--All persons treated as a controlled group 
     of corporations shall be treated as 1 person.
       (II) Controlled group of corporations.--The term 
     ``controlled group of corporations'' has the meaning given to 
     such term by subsection (a) of section 1563 of such Code; 
     except that for such purposes the phrase ``more than 50 
     percent'' shall be substituted for the phrase ``at least 80 
     percent'' each place it appears in such subsection.

       (ii) Nonincorporated persons under common control.--Under 
     regulations prescribed by the Secretary, principles similar 
     to the principles of clause (i) shall apply to a group of 
     persons under common control where 1 or more of such persons 
     is not a corporation.
       (7) Other laws applicable.--All provisions of law, 
     including penalties, applicable with respect to the taxes 
     imposed by section 4081 of such Code shall, insofar as 
     applicable and not inconsistent with the provisions of this 
     subsection, apply with respect to the floor stock taxes 
     imposed by paragraph (1) to the same extent as if such taxes 
     were imposed by such section 4081.
                                  ____

  SA 3173. Mrs. FEINSTEIN 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 189, line 3, strike ``2004'' and insert ``2009''.
       On page 189, line 5, strike ``2004'' and insert ``2009''.
       On page 189, line 8, strike ``2004'' and insert ``2009''.
       On page 189, in the table between lines 10 and 11, strike 
     the items relating to calendar years 2004 through 2008.
       On page 190, lines 13 and 14, strike ``each calendar year, 
     through 2011,'' and insert ``each of calendar years 2008 
     through 2011,''.
       On page 190, line 19, strike ``each calendar year, through 
     2011,'' and insert ``each of calendar years 2008 through 
     2011''.
       On page 193, line 10, strike ``2004'' and insert ``2009''.
       On page 194, line 21, strike ``2004'' and insert ``2009''.
       On page 196, line 17, strike ``2004'' and insert ``2009''.
       On page 197, line 4, strike ``2004'' and insert ``2009''.
       On page 197, line 12, strike ``2008'' and insert ``2009''.
       On page 199, line 4, strike ``2004'' and insert ``2009''.
       On page 199, line 17, strike ``2004'' and insert ``2009''.
                                  ____

  SA 3174. Mrs. FEINSTEIN 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 189, line 3, strike ``2004'' and insert ``2012''.
       On page 189, lines 5 and 6, strike ``years 2004 through 
     2012'' and insert ``year 2012''.
       On page 189, lines 7 and 8, strike ``any of calendar years 
     2004 through 2012'' and insert ``calendar year 2012''.
       On page 189, in the table between lines 10 and 11, strike 
     the items relating to calendar years 2004 through 2011.
       On page 190, lines 13 and 14, strike ``each calendar year, 
     through 2011,'' and insert ``calendar year 2011,''.
       On page 190, line 19, strike ``each calendar year, through 
     2011,'' and insert ``calendar year 2011''.
       On page 193, lines 9 and 10, strike ``each of calendar 
     years 2004 through 2012'' and insert ``calendar year 2012''.
       On page 194, line 21, strike ``2004'' and insert ``2012''.
       On page 196, line 17, strike ``2004'' and insert ``2012''.
       On page 197, line 4, strike ``2004'' and insert ``2012''.
       On page 197, line 12, strike ``2008'' and insert ``2012''.
       On page 199, line 4, strike ``2004'' and insert ``2012''.
       On page 199, line 17, strike ``2004'' and insert ``2012''.
                                  ____

  SA 3175. Mrs. FEINSTEIN 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 188, line 15, insert ``in any of calendar years 
     2004 through 2012'' after ``States''.
       On page 189, strike lines 4 through 6 and insert the 
     following:
       ``(B) Applicable volume.--For the purpose of subparagraph
       Beginning on page 189, strike line 11 and all that follows 
     through page 190, line 11.
                                  ____

  SA 3176. Mrs. FEINSTEIN 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 189, line 3, strike ``2004'' and insert ``2010''.
       On page 189, line 5, strike ``2004'' and insert ``2010''.
       On page 189, line 8, strike ``2004'' and insert ``2010''.
       On page 189, in the table between lines 10 and 11, strike 
     the items relating to calendar years 2004 through 2009.

[[Page 5139]]

       On page 190, lines 13 and 14, strike ``each calendar year, 
     through 2011,'' and insert ``each of calendar years 2009 
     through 2011,''.
       On page 190, line 19, strike ``each calendar year, through 
     2011,'' and insert ``each of calendar years 2009 through 
     2011''.
       On page 193, line 10, strike ``2004'' and insert ``2010''.
       On page 194, line 21, strike ``2004'' and insert ``2010''.
       On page 196, line 17, strike ``2004'' and insert ``2010''.
       On page 197, line 4, strike ``2004'' and insert ``2010''.
       On page 197, line 12, strike ``2008'' and insert ``2010''.
       On page 199, line 4, strike ``2004'' and insert ``2010''.
       On page 199, line 17, strike ``2004'' and insert ``2010''.

                          ____________________