[Congressional Record (Bound Edition), Volume 148 (2002), Part 4]
[Senate]
[Pages 5378-5390]
[From the U.S. Government Publishing Office, www.gpo.gov]




  NATIONAL LABORATORIES PARTNERSHIP IMPROVEMENT ACT OF 2001--Continued


 Amendments Nos. 3231, 3232, 3157, 3242, 3244, 3245, 3246, 3247, 3248, 
                             3249, and 3250

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that 
notwithstanding rule XXII, the pending amendment be set aside and that 
it be in order for the Senate to consider en bloc the following 
amendments:
  Amendments Nos. 3231, 3232, 3157, 3242, 3244, 3245, 3246, 3247, 3248, 
3249, and 3250.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


               Amendments Nos. 3157 and 3231, As Modified

  Mr. BINGAMAN. Mr. President, I further ask unanimous consent that 
amendments No. 3157 and amendment No. 3231 be modified with the changes 
at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 3157 and 3231), as modified, are as follows:

                    amendment no. 3157, as modified

       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 the 
     production or use of hydrogen in fuel cell development or any 
     other method or process enhancing alternative energy 
     production technologies.

                     amendment no. 3231 as modified

       On page 470, beginning with line 10, strike through line 7 
     on page 532 and insert the following:

           TITLE XIII--CLIMATE CHANGE SCIENCE AND TECHNOLOGY

               Subtitle A--Department of Energy Programs

     SEC. 1301. DEPARTMENT OF ENERGY GLOBAL CHANGE RESEARCH.

       (a) Program Direction.--The Secretary, acting through the 
     Office of Science, shall conduct a comprehensive research 
     program to understand and address the effects of energy 
     production and use on the global climate system.
       (b) Program Elements.--
       (1) Climate modeling.--The Secretary shall--
       (A) conduct observational and analytical research to 
     acquire and interpret the data needed to describe the 
     radiation balance from the surface of the Earth to the top of 
     the atmosphere;
       (B) determine the factors responsible for the Earth's 
     radiation balance and incorporate improved understanding of 
     such factors in climate models;
       (C) improve the treatment of aerosols and clouds in climate 
     models;
       (D) reduce the uncertainty in decade-to-century model-based 
     projections of climate change; and
       (E) increase the availability and utility of climate change 
     simulations to researchers and policy makers interested in 
     assessing the relationship between energy and climate change.
       (2) Carbon cycle.--The Secretary shall--
       (A) carry out field research and modeling activities--
       (i) to understand and document the net exchange of carbon 
     dioxide between major terrestrial ecosystems and the 
     atmosphere; or
       (ii) to evaluate the potential of proposed methods of 
     carbon sequestration;
       (B) develop and test carbon cycle models; and
       (C) acquire data and develop and test models to simulate 
     and predict the transport, transformation, and fate of 
     energy-related emissions in the atmosphere.
       (3) Ecological processes.--The Secretary shall carry out 
     long-term experiments of the response of intact terrestrial 
     ecosystems to--
       (A) alterations in climate and atmospheric composition; or
       (B) land-use changes that affect ecosystem extent and 
     function.
       (4) Integrated assessment.--The Secretary shall develop and 
     improve methods and tools for integrated analyses of the 
     climate change system from emissions of aerosols and 
     greenhouse gases to the consequences of these emissions on 
     climate and the resulting effects of human-induced climate 
     change on economic and social systems, with emphasis on 
     critical gaps in integrated assessment modeling, including 
     modeling of technology innovation and diffusion and the 
     development of metrics of economic costs of climate change 
     and policies for mitigating or adapting to climate change.
       (c) Authorization of Appropriations.--From amounts 
     authorized under section 1251(b), there are authorized to be 
     appropriated to the Secretary for carrying out activities 
     under this section--
       (1) $150,000,000 for fiscal year 2003;
       (2) $175,000,000 for fiscal year 2004;
       (3) $200,000,000 for fiscal year 2005; and
       (4) $230,000,000 for fiscal year 2006.
       (d) Limitation on Funds.--Funds authorized to be 
     appropriated under this section shall not be used for the 
     development, demonstration, or deployment of technology to 
     reduce, avoid, or sequester greenhouse gas emissions.

     SEC. 1302. AMENDMENTS TO THE FEDERAL NONNUCLEAR RESEARCH AND 
                   DEVELOPMENT ACT OF 1974.

       Section 6 of the Federal Nonnuclear Energy Research and 
     Development Act of 1974 (42 U.S.C. 5905) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) in paragraph (3) by striking the period at the end and 
     inserting ``, and''; and
       (C) by adding at the end the following:
       ``(4) solutions to the effective management of greenhouse 
     gas emissions in the long term by the development of 
     technologies and practices designed to--
       ``(A) reduce or avoid anthropogenic emissions of greenhouse 
     gases;
       ``(B) remove and sequester greenhouse gases from emissions 
     streams; and
       ``(C) remove and sequester greenhouse gases from the 
     atmosphere;'' and
       (2) in subsection (b)--
       (A) in paragraph (2), by striking ``subsection (a)(1) 
     through (3)'' and inserting ``paragraphs (1) through (4) of 
     subsection (a)''; and
       (B) in paragraph (3)--
       (i) in subparagraph (R), by striking ``and'' at the end;
       (ii) in subparagraph (S), by striking the period at the end 
     and inserting ``; and''; and
       (iii) by adding at the end the following:
       ``(T) to pursue a long-term climate technology strategy 
     designed to demonstrate a variety of technologies by which 
     stabilization of greenhouse gases might be best achieved, 
     including accelerated research, development, demonstration 
     and deployment of--
       ``(i) renewable energy systems;
       ``(ii) advanced fossil energy technology;
       ``(iii) advanced nuclear power plant design;
       ``(iv) fuel cell technology for residential, industrial and 
     transportation applications;
       ``(v) carbon sequestration practices and technologies, 
     including agricultural and forestry practices that store and 
     sequester carbon;
       ``(vi) efficient electrical generation, transmission and 
     distribution technologies; and
       ``(vii) efficient end use energy technologies.''.

             Subtitle B--Department of Agriculture Programs

     SEC. 1311. CARBON SEQUESTRATION BASIC AND APPLIED RESEARCH.

       (a) Basic Research.--
       (1) In general.--The Secretary of Agriculture shall carry 
     out research in the areas of soil science that promote 
     understanding of--
       (A) the net sequestration of organic carbon in soil; and
       (B) net emissions of other greenhouse gases from 
     agriculture.
       (2) Agricultural research service.--The Secretary of 
     Agriculture, acting through the Agricultural Research 
     Service, shall collaborate with other Federal agencies in 
     developing data and carrying out research addressing soil 
     carbon fluxes (losses and gains) and net emissions of methane 
     and nitrous oxide from cultivation and animal management 
     activities.
       (3) Cooperative state research, extension, and education 
     service.--
       (A) In general.--The Secretary of Agriculture, acting 
     through the Cooperative State Research, Extension, and 
     Education Service, shall establish a competitive grant 
     program to carry out research on the matters described in 
     paragraph (1) in land grant universities and other research 
     institutions.
       (B) Consultation on research topics.--Before issuing a 
     request for proposals for basic research under paragraph (1), 
     the Cooperative State Research, Extension, and Education 
     Service shall consult with the Agricultural Research Service 
     to ensure that proposed research areas are complementary

[[Page 5379]]

     with and do not duplicate research projects underway at the 
     Agricultural Research Service or other Federal agencies.
       (b) Applied Research.--
       (1) In general.--The Secretary of Agriculture shall carry 
     out applied research in the areas of soil science, agronomy, 
     agricultural economics and other agricultural sciences to--
       (A) promote understanding of--
       (i) how agricultural and forestry practices affect the 
     sequestration of organic and inorganic carbon in soil and net 
     emissions of other greenhouse gases;
       (ii) how changes in soil carbon pools are cost-effectively 
     measured, monitored, and verified; and
       (iii) how public programs and private market approaches can 
     be devised to incorporate carbon sequestration in a broader 
     societal greenhouse gas emission reduction effort;
       (B) develop methods for establishing baselines for 
     measuring the quantities of carbon and other greenhouse gases 
     sequestered; and
       (C) evaluate leakage and performance issues.
       (2) Requirements.--To the maximum extent practicable, 
     applied research under paragraph (1) shall--
       (A) draw on existing technologies and methods; and
       (B) strive to provide methodologies that are accessible to 
     a nontechnical audience.
       (3) Minimization of adverse environmental impacts.--All 
     applied research under paragraph (1) shall be conducted with 
     an emphasis on minimizing adverse environmental impacts.
       (4) Natural resources conservation services.--The Secretary 
     of Agriculture, acting through the Natural Resources 
     Conservation Service, shall collaborate with other Federal 
     agencies, including the National Institute of Standards and 
     Technology, in developing new measuring techniques and 
     equipment or adapting existing techniques and equipment to 
     enable cost-effective and accurate monitoring and 
     verification, for a wide range of agricultural and forestry 
     practices, of--
       (A) changes in soil carbon content in agricultural soils, 
     plants, and trees; and
       (B) net emissions of other greenhouse gases.
       (5) Cooperative state research, extension, and education 
     service.--
       (A) In general.--The Secretary of Agriculture, acting 
     through the Cooperative State Research, Extension, and 
     Education Service, shall establish a competitive grant 
     program to encourage research on the matters described in 
     paragraph (1) by land grant universities and other research 
     institutions.
       (B) Consultation on research topics.--Before issuing a 
     request for proposals for applied research under paragraph 
     (1), the Cooperative State Research, Extension, and Education 
     Service shall consult with the National Resources 
     Conservation Service and the Agricultural Research Service to 
     ensure that proposed research areas are complementary with 
     and do not duplicate research projects underway at the 
     Agricultural Research Service or other Federal agencies.
       (c) Research Consortia.--
       (1) In general.--The Secretary of Agriculture may designate 
     not more than two research consortia to carry out research 
     projects under this section, with the requirement that the 
     consortia propose to conduct basic research under subsection 
     (a) and applied research under subsection (b).
       (2) Selection.--The consortia shall be selected in a 
     competitive manner by the Cooperative State Research, 
     Extension, and Education Service.
       (3) Eligible consortium participants.--Entities eligible to 
     participate in a consortium include--
       (A) land grant colleges and universities;
       (B) private research institutions;
       (C) State geological surveys;
       (D) agencies of the Department of Agriculture;
       (E) research centers of the National Aeronautics and Space 
     Administration and the Department of Energy;
       (F) other Federal agencies;
       (G) representatives of agricultural businesses and 
     organizations with demonstrated expertise in these areas; and
       (H) representatives of the private sector with demonstrated 
     expertise in these areas.
       (4) Reservation of funding.--If the Secretary of 
     Agriculture designates one or two consortia, the Secretary of 
     Agriculture shall reserve for research projects carried out 
     by the consortium or consortia not more than 25 percent of 
     the amounts made available to carry out this section for a 
     fiscal year.
       (d) Standards of Precision.--
       (1) Conference.--Not later than 3 years after the date of 
     enactment of this subtitle, the Secretary of Agriculture, 
     acting through the Agricultural Research Service and in 
     consultation with the Natural Resources Conservation Service, 
     shall convene a conference of key scientific experts on 
     carbon sequestration and measurement techniques from various 
     sectors (including the Government, academic, and private 
     sectors) to--
       (A) discuss benchmark standards of precision for measuring 
     soil carbon content and net emissions of other greenhouse 
     gases;
       (B) designate packages of measurement techniques and 
     modeling approaches to achieve a level of precision agreed on 
     by the participants in the conference; and
       (C) evaluate results of analyses on baseline, permanence, 
     and leakage issues.
       (2) Development of benchmark standards.--
       (A) In general.--The Secretary shall develop benchmark 
     standards for measuring the carbon content of soils and 
     plants (including trees) based on--
       (i) information from the conference under paragraph (1);
       (ii) research conducted under this section; and
       (iii) other information available to the Secretary.
       (B) Opportunity for public comment.--The Secretary shall 
     provide an opportunity for the public to comment on benchmark 
     standards developed under subparagraph (A).
       (3) Report.--Not later than 180 days after the conclusion 
     of the conference under paragraph (1), the Secretary of 
     Agriculture shall submit to the Committee on Agriculture of 
     the House of Representatives and the Committee on 
     Agriculture, Nutrition, and Forestry, of the Senate a report 
     on the results of the conference.
       (e) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $25,000,000 for each of fiscal years 
     2003 through 2006.
       (2) Allocation.--Of the amounts made available to carry out 
     this section for a fiscal year, at least 50 percent shall be 
     allocated for competitive grants by the Cooperative State 
     Research, Extension, and Education Service.

     SEC. 1312. CARBON SEQUESTRATION DEMONSTRATION PROJECTS AND 
                   OUTREACH.

       (a) Demonstration Projects.--
       (1) Development of monitoring programs.--
       (A) In general.--The Secretary of Agriculture, acting 
     through the Natural Resources Conservation Service and in 
     cooperation with local extension agents, experts from land 
     grant universities, and other local agricultural or 
     conservation organizations, shall develop user-friendly, 
     programs that combine measurement tools and modeling 
     techniques into integrated packages to monitor the carbon 
     sequestering benefits of conservation practices and net 
     changes in greenhouse gas emissions.
       (B) Benchmark levels of precision.--The programs developed 
     under subparagraph (A) shall strive to achieve benchmark 
     levels of precision in measurement in a cost-effective 
     manner.
       (2) Projects.--
       (A) In general.--The Secretary of Agriculture, acting 
     through the Farm Service Agency, shall establish a program 
     under which projects use the monitoring programs developed 
     under paragraph (1) to demonstrate the feasibility of methods 
     of measuring, verifying, and monitoring--
       (i) changes in organic carbon content and other carbon 
     pools in agricultural soils, plants, and trees; and
       (ii) net changes in emissions of other greenhouse gases.
       (B) Evaluation of implications.--The projects under 
     subparagraph (A) shall include evaluation of the implications 
     for reassessed baselines, carbon or other greenhouse gas 
     leakage, and permanence of sequestration.
       (C) Submission of proposals.--Proposals for projects under 
     subparagraph (A) shall be submitted by the appropriate agency 
     of each State, in cooperation with interested local 
     jurisdictions and State agricultural and conservation 
     organizations.
       (D) Limitation.--Not more than 10 projects under 
     subparagraph (A) may be approved in conjunction with applied 
     research projects under section 1311(b) until benchmark 
     measurement and assessment standards are established under 
     section 1311(d).
       (E) National forest system land.--The Secretary of 
     Agriculture shall consider the use of National Forest System 
     land as sites to demonstrate the feasibility of monitoring 
     programs developed under paragraph (1).
       (b) Outreach.--
       (1) In general.--The Cooperative State Research, Extension, 
     and Education Service shall widely disseminate information 
     about the economic and environmental benefits that can be 
     generated by adoption of conservation practices (including 
     benefits from increased sequestration of carbon and reduced 
     emission of other greenhouses gases).
       (2) Project results.--The Cooperative State Research, 
     Extension, and Education Service shall inform farmers, 
     ranchers, and State agricultural and energy offices in each 
     State of--
       (A) the results of demonstration projects under subsection 
     (a)(2) in the State; and
       (B) the ways in which the methods demonstrated in the 
     projects might be applicable to the operations of those 
     farmers and ranchers.
       (3) Policy outreach.--On a periodic basis, the Cooperative 
     State Research, Extension, and Education Service shall 
     disseminate information on the policy nexus between global 
     climate change mitigation strategies and agriculture, so that 
     farmers and ranchers may better understand the global 
     implications of the activities of farmers and ranchers.

[[Page 5380]]

       (c) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     carry out this section $10,000,000 for each of fiscal years 
     2003 through 2006.
       (2) Allocation.--Of the amounts made available to carry out 
     this section for a fiscal year, at least 50 percent shall be 
     allocated for demonstration projects under subsection (a)(2).

          Subtitle C--International Energy Technology Transfer

     SEC. 1321. CLEAN ENERGY TECHNOLOGY EXPORTS PROGRAM.

       (a) Definitions.--In this section:
       (1) Clean energy technology.--The term ``clean energy 
     technology'' means an energy supply or end-use technology 
     that, over its lifecycle and compared to a similar technology 
     already in commercial use in developing countries, countries 
     in transition, and other partner countries--
       (A) emits substantially lower levels of pollutants or 
     greenhouse gases; and
       (B) may generate substantially smaller or less toxic 
     volumes of solid or liquid waste.
       (2) Interagency working group.--The term ``interagency 
     working group'' means the Interagency Working Group on Clean 
     Energy Technology Exports established under subsection (b).
       (b) Interagency Working Group.--
       (1) Establishment.--Not later than 90 days after the date 
     of enactment of this section, the Secretary of Energy, the 
     Secretary of Commerce, and the Administrator of the U.S. 
     Agency for International Development shall jointly establish 
     a Interagency Working Group on Clean Energy Technology 
     Exports. The interagency working group will focus on opening 
     and expanding energy markets and transferring clean energy 
     technology to the developing countries, countries in 
     transition, and other partner countries that are expected to 
     experience, over the next 20 years, the most significant 
     growth in energy production and associated greenhouse gas 
     emissions, including through technology transfer programs 
     under the Framework Convention on Climate Change, other 
     international agreements, and relevant Federal efforts.
       (2) Membership.--The interagency working group shall be 
     jointly chaired by representatives appointed by the agency 
     heads under paragraph (1) and shall also include 
     representatives from the Department of State, the Department 
     of Treasury, the Environmental Protection Agency, the Export-
     Import Bank, the Overseas Private Investment Corporation, the 
     Trade and Development Agency, and other Federal agencies as 
     deemed appropriate by all three agency heads under paragraph 
     (1).
       (3) Duties.--The interagency working group shall--
       (A) analyze technology, policy, and market opportunities 
     for international development, demonstration, and development 
     of clean energy technology;
       (B) investigate issues associated with building capacity to 
     deploy clean energy technology in developing countries, 
     countries in transition, and other partner countries, 
     including--
       (i) energy-sector reform;
       (ii) creation of open, transparent, and competitive markets 
     for energy technologies,
       (iii) availability of trained personnel to deploy and 
     maintain the technology; and
       (iv) demonstration and cost-buydown mechanisms to promote 
     first adoption of the technology;
       (C) examine relevant trade, tax, international, and other 
     policy issues to asses what policies would help open markets 
     and improve U.S. clean energy technology exports in support 
     of the following areas--
       (i) enhancing energy innovation and cooperation, including 
     energy sector and market reform, capacity building, and 
     financing measures;
       (ii) improving energy end-use efficiency technologies, 
     including buildings and facilities, vehicle, industrial, and 
     co-generation technology initiatives; and
       (iii) promoting energy supply technologies, including 
     fossil, nuclear, and renewable technology initiatives;
       (D) establish an advisory committee involving the private 
     sector and other interested groups on the export and 
     deployment of clean energy technology;
       (E) monitor each agency's progress towards meeting goals in 
     the 5-year strategic plan submitted to Congress pursuant to 
     the Energy and Water Development Appropriations Act, 2001, 
     and the Energy and Water Development Appropriations Act, 
     2002;
       (F) make recommendations to heads of appropriate Federal 
     agencies on ways to streamline Federal programs and policies 
     to improve each agency's role in the international 
     development, demonstration, and deployment of clean energy 
     technology;
       (G) make assessments and recommendations regarding the 
     distinct technological, market, regional, and stakeholder 
     challenges necessary to carry out the program; and
       (H) recommend conditions and criteria that will help ensure 
     that United States funds promote sound energy policies in 
     participating countries while simultaneously opening their 
     markets and exporting United States energy technology.
       (c) Federal Support for Clean Energy Technology Transfer.--
     Notwithstanding any other provision of law, each Federal 
     agency or Government corporation carrying out an assistance 
     program in support of the activities of United States persons 
     in the environment or energy sector of a developing country, 
     country in transition, or other partner country shall 
     support, to the maximum extent practicable, the transfer of 
     United States clear energy technology as part of that 
     program.
       (d) Annual Report.--Not later than 90 days after the date 
     of the enactment of this Act, and on the April 1st of each 
     year thereafter, 2002, and each year thereafter, the 
     Interagency Working Group shall submit a report to Congress 
     on its activities during the preceding calendar year. The 
     report shall include a description of the technology, policy, 
     and market opportunities for international development, 
     demonstration, and deployment of clean energy technology 
     investigated by the Interagency Working Group in that year, 
     as well as any policy recommendations to improve the 
     expansion of clean energy markets and U.S. clean energy 
     technology exports.
       (e) Report on Use of Funds.--Not later than October 1, 
     2002, and each year thereafter, the Secretary of State, in 
     consultation with other Federal agencies, shall submit a 
     report to Congress indicating how United States funds 
     appropriated for clean energy technology exports and other 
     relevant Federal programs are being directed in a manner that 
     promotes sound energy policy commitments in developing 
     countries, countries in transition, and other partner 
     countries, including efforts pursuant to multilateral 
     environmental agreements.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the departments, agencies, and entities 
     of the United States described in subsection (b) such sums as 
     may be necessary to support the transfer of clean energy 
     technology, consistent with the subsidy codes of the World 
     Trade Organization, as part of assistance programs carried 
     out by those departments, agencies, and entities in support 
     of activities of United States persons in the energy sector 
     of a developing country, country in transition, or other 
     partner country.

     SEC. 1322. INTERNATIONAL ENERGY TECHNOLOGY DEPLOYMENT 
                   PROGRAM.

       Section 1608 of the Energy Policy Act of 1992 (42 U.S.C. 
     13387) is amended by striking subsection (1) and inserting 
     the following:
       ``(l) International Energy Technology Deployment Program.--
       ``(1) Definitions.--In this subsection:
       ``(A) International energy deployment project.--The term 
     `international energy deployment project' means a project to 
     construct an energy production facility outside the United 
     States--
       ``(i) the output of which will be consumed outside the 
     United States; and
       ``(ii) the deployment of which will result in a greenhouse 
     gas reduction per unit of energy produced when compared to 
     the technology that would otherwise be implemented--
       ``(I) 10 percentage points or more, in the case of a unit 
     placed in service before January 1, 2010;
       ``(II) 20 percentage points or more, in the case of a unit 
     placed in service after December 31, 2009, and before January 
     1, 2020; or
       ``(III) 30 percentage points or more, in the case of a unit 
     placed in service after December 31, 2019, and before January 
     1, 2030.
       ``(B) Qualifying international energy deployment project.--
     The term `qualifying international energy deployment project' 
     means an international energy deployment project that--
       ``(i) is submitted by a United States firm to the Secretary 
     in accordance with procedures established by the Secretary by 
     regulation;
       ``(ii) uses technology that has been successfully developed 
     or deployed in the United States;
       ``(iii) meets the criteria of subsection (k);
       ``(iv) is approved by the Secretary, with notice of the 
     approval being published in the Federal Register; and
       ``(v) complies with such terms and conditions as the 
     Secretary establishes by regulation.
       ``(C) United states.--For purposes of this paragraph, the 
     term `United States', when used in a geographical sense, 
     means the 50 States, the District of Columbia, Puerto Rico, 
     Guam, the Virgin Islands, American Samoa, and the 
     Commonwealth of the Northern Mariana Islands.
       ``(2) Pilot program for financial assistance.--
       ``(A) In general.--Not later than 180 days after the date 
     of enactment of this subsection, the Secretary shall, by 
     regulation, provide for a pilot program for financial 
     assistance for qualifying international energy deployment 
     projects.
       ``(B) Selection criteria.--After consultation with the 
     Secretary of State, the Secretary of Commerce, and the United 
     States Trade Representative, the Secretary shall select 
     projects for participation in the program based solely on the 
     criteria under this title and without regard to the country 
     in which the project is located.
       ``(C) Financial assistance.--
       ``(i) In general.--A United States firm that undertakes a 
     qualifying international

[[Page 5381]]

     energy deployment project that is selected to participate in 
     the pilot program shall be eligible to receive a loan or a 
     loan guarantee from the Secretary.
       ``(ii) Rate of interest.--The rate of interest of any loan 
     made under clause (i) shall be equal to the rate for Treasury 
     obligations then issued for periods of comparable maturities.
       ``(iii) Amount.--The amount of a loan or loan guarantee 
     under clause (i) shall not exceed 50 percent of the total 
     cost of the qualified international energy deployment 
     project.
       ``(iv) Developed countries.--Loans or loan guarantees made 
     for projects to be located in a developed country, as listed 
     in Annex I of the United Nations Framework Convention on 
     Climate Change, shall require at least a 50 percent 
     contribution towards the total cost of the loan or loan 
     guarantee by the host country.
       ``(v) Developing countries.--Loans or loan guarantees made 
     for projects to be located in a developing country (those 
     countries not listed in Annex I of the United Nations 
     Framework Convention on Climate Change) shall require at 
     least a 50 percent contribution towards the total cost of the 
     loan or loan guarantee by the host country.
       ``(vi) Capacity building research.--Proposals made for 
     projects to be located in a developing country may include a 
     research component intended to build technological capacity 
     within the host country. Such research must be related to the 
     technologies being deployed and must involve both an 
     institution in the host country and an industry, university 
     or national laboratory participant from the United States. 
     The host institution shall contribute at least 50 percent of 
     funds provided for the capacity building research.
       ``(D) Coordination with other programs.--A qualifying 
     international energy deployment project funded under this 
     section shall not be eligible as a qualifying clean coal 
     technology under section 415 of the Clean Air Act (42 U.S.C. 
     7651n).
       ``(E) Report.--Not later than 5 years after the date of 
     enactment of this subsection, the Secretary shall submit to 
     the President a report on the results of the pilot projects.
       ``(F) Recommendation.--Not later than 60 days after 
     receiving the report under subparagraph (E), the President 
     shall submit to Congress a recommendation, based on the 
     results of the pilot projects as reported by the Secretary of 
     Energy, concerning whether the financial assistance program 
     under this section should be continued, expanded, reduced, or 
     eliminated.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     this section $100,000,000 for each of fiscal years 2003 
     through 2011, to remain available until expended.''.

           Subtitle D--Climate Change Science and Information

      PART I--AMENDMENTS TO THE GLOBAL CHANGE RESEARCH ACT OF 1990

     SEC. 1331. AMENDMENT OF GLOBAL CHANGE RESEARCH ACT OF 1990.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Global Change Research Act of 1990 (15 
     U.S.C. 2921 et seq.).

     SEC. 1332. CHANGES IN DEFINITIONS.

       Paragraph (1) of section 2 (15 U.S.C. 2921) is amended by 
     striking ``Earth and Environmental Sciences'' inserting 
     ``Global Change Research''.

     SEC. 1333. CHANGE IN COMMITTEE NAME AND STRUCTURE.

       Section 102 (15 U.S.C. 2932) is amended--
       (1) by striking ``EARTH AND ENVIRONMENT SCIENCES'' in 
     section heading and inserting ``GLOBAL CHANGE RESEARCH'';
       (2) by striking ``Earth and Environmental Sciences'' in 
     subsection (a) and inserting ``Global Change Research'';
       (3) by striking the last sentence of subsection (b) and 
     inserting ``The representatives shall be the Deputy Secretary 
     or the Deputy Secretary's designee (or, in the case of an 
     agency other than a department, the deputy head of that 
     agency or the deputy's designee).'';
       (4) by striking ``Chairman of the Council,'' in subsection 
     (c) and inserting ``Director of the Office of National 
     Climate Change Policy with advice from the Chairman of the 
     Council, and'';
       (5) by redesignating subsection (d) and (e) as subsections 
     (e) and (f), respectively; and
       (6) by inserting after subsection (c) the following:
       ``(d) Subcommittees and Working Groups.--
       ``(1) In general.--There shall be a Subcommittee on Global 
     Change Research, which shall carry out such functions of the 
     Committee as the Committee may assign to it.
       ``(2) Membership.--The membership of the Subcommittee shall 
     consist of--
       ``(A) the membership of the Subcommittee on Global Change 
     Research of the Committee on Environment and Natural 
     Resources (the functions of which are transferred to the 
     Subcommittee established by this subsection) established by 
     the National Science and Technology Council; and
       ``(B) such additional members as the Chair of the Committee 
     may, from time to time, appoint.
       ``(3) Chair.--A high ranking official of one of departments 
     or agencies described in subsection (b), appointed by the 
     Chair of the Committee with advice from the Chairman of the 
     Council, shall chair the subcommittee. The Chairperson shall 
     be knowledgeable and experienced with regard to the 
     administration of the scientific research programs, and shall 
     be a representative of an agency that contributes 
     substantially, in terms of scientific research capability and 
     budget, to the Program.''.
       ``(4) Other subcommittees and working groups.--The 
     Committee may establish such additional subcommittees and 
     working groups as it sees fit.''.

     SEC. 1334. CHANGE IN NATIONAL GLOBAL CHANGE RESEARCH PLAN.

       Section 104 (15 U.S.C. 2934) is amended--
       (1) by inserting ``short-term and long-term'' before 
     ``goals'' in subsection (b)(1);
       (2) by striking ``usable information on which to base 
     policy decisions related to'' in subsection (b)(1) and 
     inserting ``information relevant and readily usable by local, 
     State, and Federal decision-makers, as well as other end-
     users, for the formulation of effective decisions and 
     strategies for measuring, predicting, preventing, mitigation, 
     and adapting to'';
       (3) by adding at the end of subsection (c) the following:
       ``(6) Methods for integration information to provide 
     predictive and other tools for planning and decision making 
     by governments, communities and the private sector.'';
       (4) by striking subsection (d)(3) and inserting the 
     following:
       ``(3) combine and interpret data from various sources to 
     produce information readily usable by local, State, and 
     Federal policy makers, and other end-users, attempting to 
     formulate effective decisions and strategies for preventing, 
     mitigating, and adapting to the effects of global change.'';
       (5) by striking ``and'' in subsection (d)(2);
       (6) by striking ``change.'' in subsection (d)(3) and 
     inserting ``change; and'';
       (7) by adding at the end of subsection (d) the following:
       ``(4) establish a common assessment and modeling framework 
     that may be used in both research and operations to predict 
     and assess the vulnerability of natural and managed 
     ecosystems and of human society in the context of other 
     environmental and social changes.''; and
       (8) by adding at the end the following:
       ``(g) Strategic Plan; Revised Implementation Plan.--The 
     Chairman of the Council, through the Committee, shall develop 
     a strategic plan for the United States Global Climate Change 
     Research Program for the 10-year period beginning in 2002 and 
     submit the plan to the Congress within 180 days after the 
     date of enactment of the Global Climate Change Act of 2002. 
     The Chairman, through the Committee, shall also submit 
     revised implementation plans as required under subsection 
     (a).''.

     SEC. 1335. INTEGRATED PROGRAM OFFICE.

       Section 105 (15 U.S.C. 2935) is amended--
       (1) by redesignating subsections (a), (b), and (c) as 
     subsections (b), (c), and (d), respectively; and
       (2) inserting before subsection (b), as redesignated, the 
     following:
       ``(a) Integrated Program Office.--
       ``(1) Establishment.--There is established in the Office of 
     Science and Technology Policy an integrated program office 
     for the global change research program.
       ``(2) Organization.--The integrated program office 
     established under paragraph (1) shall be headed by the 
     associate director with responsibility for climate change 
     science and technology and shall include, to the maximum 
     extent feasible, a representative from each Federal agency 
     participating in the global change research program.
       ``(3) Function.--The integrated program office shall--
       ``(A) manage, working in conjunction with the Committee, 
     interagency coordination and program integration of global 
     change research activities and budget requests;
       ``(B) ensure that the activities and programs of each 
     Federal agency or department participating in the program 
     address the goals and objectives identified in the strategic 
     research plan and interagency implementation plans;
       ``(C) ensure program and budget recommendations of the 
     Committee are communicated to the President and are 
     integrated into the climate change action strategy;
       ``(D) review, solicit, and identify, and allocate funds 
     for, partnership projects that address critical research 
     objectives or operational goals of the program, including 
     projects that would fill research gaps identified by the 
     program, and for which project resources are shared among at 
     least two agencies participating in the program; and
       ``(E) review and provide recommendations on, in conjunction 
     with the Committee, all annual appropriations requests from 
     Federal agencies or departments participating in the 
     program.'';
       (3) by striking ``Committee.'' in paragraph (2) of 
     subsection (c), as redesignated, and inserting ``Committee 
     and the Integrated Program Office.''; and

[[Page 5382]]

       (4) by inserting ``and the Integrated Program Office'' 
     after ``Committee'' in paragraph (1) of subsection (d), as 
     redesignated.

     SEC. 1336. RESEARCH GRANTS.

       Section 105 (15 U.S.C. 2935) is amended--
       (1) by redesignating subsection (c) as (d); and
       (2) by inserting after subsection (b) the following:
       ``(c) Research Grants.--
       ``(1) Committee to develop list of priority research 
     areas.--The Committee shall develop a list of priority areas 
     for research and development on climate change that are not 
     being addressed by Federal agencies.
       ``(2) Director of ostp to transmit list to nsf.--The 
     Director of the Office of Science and Technology Policy shall 
     transmit the list to the National Science Foundation.
       ``(3) Funding through nsf.--
       ``(A) Budget request.--The National Science Foundation 
     shall include, as part of the annual request for 
     appropriations for the Science and Technology Policy 
     Institute, a request for appropriations to fund research in 
     the priority areas on the list developed under paragraph (1).
       ``(B) Authorization.--For fiscal year 2003 and each fiscal 
     year thereafter, there are authorized to be appropriated to 
     the National Science Foundation not less than $17,000,000, to 
     be made available through the Science and Technology Policy 
     Institute, for research in those priority areas.''.

     SEC. 1337. EVALUATION OF INFORMATION.

       Section 106 (15 U.S.C. 2936) is amended--
       (1) by striking ``Scientific'' in the section heading;
       (2) by striking ``and'' after the semicolon in paragraph 
     (2); and
       (3) by striking ``years.'' in paragraph (3) and inserting 
     ``years; and''; and
       (4) by adding at the end the following:
       ``(4) evaluates the information being developed under this 
     title, considering in particular its usefulness to local, 
     State, and national decisionmakers, as well as to other 
     stakeholders such as the private sector, after providing a 
     meaningful opportunity for the consideration of the views of 
     such stakeholders on the effectiveness of the Program and the 
     usefulness of the information.''.

           PART II--NATIONAL CLIMATE SERVICES AND MONITORING

     SEC. 1341. AMENDMENT OF NATIONAL CLIMATE PROGRAM ACT.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Climate Program Act (15 
     U.S.C. 2901 et seq.).

     SEC. 1342. CHANGES IN FINDINGS.

       Section 2 (15 U.S.C. 2901) is amended--
       (1) by striking ``Weather and climate change affect'' in 
     paragraph (1) and inserting ``Weather, climate change, and 
     climate variability affect public safety, environmental 
     security, human health,'';
       (2) by striking ``climate'' in paragraph (2) and inserting 
     ``climate, including seasonal and decadal fluctuations,'';
       (3) by striking ``changes.'' in paragraph (5) and inserting 
     ``changes and providing free exchange of meteorological 
     data.''; and
       (4) by adding at the end the following:
       ``(7) The present rate of advance in research and 
     development and application of such advances is inadequate 
     and new developments must be incorporated rapidly into 
     services for the benefit of the public.
       ``(8) The United States lacks adequate infrastructure and 
     research to meet national climate monitoring and prediction 
     needs.''.

     SEC. 1343. TOOLS FOR REGIONAL PLANNING.

       Section 5(d) (15 U.S.C. 2904(d)) is amended--
       (1) by redesignating paragraphs (4) through (9) as 
     paragraphs (5) through (10), respectively;
       (2) by inserting after paragraph (3) the following:
       ``(4) methods for improving modeling and predictive 
     capabilities and developing assessment methods to guide 
     national, regional, and local planning and decision-making on 
     land use, water hazards, and related issues;'';
       (3) by inserting ``sharing,'' after ``collection,'' in 
     paragraph (5), as redesignated;
       (4) by striking ``experimental'' each place it appears in 
     paragraph (9), as redesignated;
       (5) by striking ``preliminary'' in paragraph (10), as 
     redesignated;
       (6) by striking ``this Act,'' the first place it appears in 
     paragraph (10), as redesignated, and inserting ``the Global 
     Climate Change Act of 2002,''; and
       (7) by striking ``this Act,'' the second place it appears 
     in paragraph (10), as redesignated, and inserting ``that 
     Act,''.

     SEC. 1344. AUTHORIZATION OF APPROPRIATIONS.

       Section 9 (15 U.S.C. 2908) is amended--
       (1) by striking ``1979,'' and inserting ``2002,'';
       (2) by striking ``1980,'' and inserting ``2003,'';
       (3) by striking ``1981,'' and inserting ``2004,''; and
       (4) by striking ``$25,500,000'' and inserting 
     ``$75,500,000''.

     SEC. 1345. NATIONAL CLIMATE SERVICE PLAN.

       The Act (15 U.S.C. 2901 et seq.) is amended by inserting 
     after section 5 the following:

     SEC. 6. NATIONAL CLIMATE SERVICE PLAN.

       ``Within 1 year after the date of enactment of the Global 
     Climate Change Act of 2002, the Secretary of Commerce shall 
     submit to the Senate Committee on Commerce, Science, and 
     Transportation and the House Science Committee a plan of 
     action for a National Climate Service under the National 
     Climate Program. The plan shall set forth recommendations and 
     funding estimates for--
       ``(1) a national center for operational climate monitoring 
     and predicting with the functional capacity to monitor and 
     adjust observing systems as necessary to reduce bias;
       ``(2) the design, deployment, and operation of an adequate 
     national climate observing system that builds upon existing 
     environmental monitoring systems and closes gaps in coverage 
     by existing systems;
       ``(3) the establishment of a national coordinated modeling 
     strategy, including a national climate modeling center to 
     provide a dedicated capability for climate modeling and a 
     regular schedule of projections on a long and short term time 
     schedule and at a range of spatial scales;
       ``(4) improvements in modeling and assessment capabilities 
     needed to integrate information to predict regional and local 
     climate changes and impacts;
       ``(5) in coordination with the private sector, improving 
     the capacity to assess the impacts of predicted and projected 
     climate changes and variations;
       ``(6) a program for long term stewardship, quality control, 
     development of relevant climate products, and efficient 
     access to all relevant climate data, products, and critical 
     model simulations; and
       ``(7) mechanisms to coordinate among Federal agencies, 
     State, and local government entities and the academic 
     community to ensure timely and full sharing and dissemination 
     of climate information and services, both domestically and 
     internationally.''.

     SEC. 1346. INTERNATIONAL PACIFIC RESEARCH AND COOPERATION.

       The Secretary of Commerce, in cooperation with the 
     Administrator of the National Aeronautics and Space 
     Administration, shall conduct international research in the 
     Pacific region that will increase understanding of the nature 
     and predictability of climate variability in the Asia-Pacific 
     sector, including regional aspects of global environmental 
     change. Such research activities shall be conducted in 
     cooperation with other nations of the region. There are 
     authorized to be appropriated for purposes of this section 
     $1,500,000 to the National Oceanic and Atmospheric 
     Administration, $1,500,000 to the National Aeronautics and 
     Space Administration, and $500,000 for the Pacific ENSO 
     Applications Center.

     SEC. 1347. REPORTING ON TRENDS.

       (a) Atmospheric Monitoring and Verification Program.--The 
     Secretary of Commerce, in coordination with relevant Federal 
     agencies, shall, as part of the National Climate Service, 
     establish an atmospheric monitoring and verification program 
     utilizing aircraft, satellite, ground sensors, and modeling 
     capabilities to monitor, measure, and verify atmospheric 
     greenhouse gas levels, dates, and emissions. Where feasible, 
     the program shall measure emissions from identified sources 
     participating in the reporting system for verification 
     purposes. The program shall use measurements and standards 
     that are consistent with those utilized in the greenhouse gas 
     measurement and reporting system established under subsection 
     (a) and the registry established under section 1102.
       (b) Annual Reporting.--The Secretary of Commerce shall 
     issue an annual report that identifies greenhouse emissions 
     and trends on a local, regional, and national level. The 
     report shall also identify emissions or reductions 
     attributable to individual or multiple sources covered by the 
     greenhouse gas measurement and reporting system established 
     under section 1102.

     SEC. 1348. ARCTIC RESEARCH AND POLICY.

       (a) Arctic Research Commission.--Section 103(d) of the 
     Arctic Research and Policy Act of 1984 (15 U.S.C. 4102(d)) is 
     amended--
       (1) by striking ``exceed 90 days'' in the second sentence 
     of paragraph (1) and inserting ``exceed, in the case of the 
     chairperson of the Commission, 120 days, and, in the case of 
     any other member of the Commission, 90 days,'';
       (2) by striking ``Chairman'' in paragraph (2) and inserting 
     ``chairperson''.
       (b) Grants.--Section 104 of the Arctic Research and Policy 
     Act of 1984 (15 U.S.C. 4103) is amended by adding at the end 
     the following:
       ``(c) Funding for Arctic Research.--
       ``(1) In general.--With the prior approval of the 
     commission, or under authority delegated by the Commission, 
     and subject to such conditions as the Commission may specify, 
     the Executive Director appointed under section 106(a) may--
       ``(A) make grants to persons to conduct research concerning 
     the Arctic; and
       ``(B) make funds available to the National Science 
     Foundation or to Federal agencies for the conduct of research 
     concerning the Arctic.
       ``(2) Effect of action by executive director.--An action 
     taken by the executive director under paragraph (1) shall be 
     final and binding on the Commission.

[[Page 5383]]

       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Commission such sums as 
     are necessary to carry out this section.''.

     SEC. 1349. ABRUPT CLIMATE CHANGE RESEARCH.

       (a) In General.--The Secretary of Commerce, through the 
     National Oceanic and Atmospheric Administration, shall carry 
     out a program of scientific research on potential abrupt 
     climate change designed--
       (1) to develop a global array of terrestrial and 
     oceanographic indicators of paleo-
     climate in order sufficiently to identify and describe past 
     instances of abrupt climate change;
       (2) to improve understanding of thresholds and 
     nonlinearities in geophysical systems related to the 
     mechanisms of abrupt climate change;
       (3) to incorporate these mechanisms into advanced 
     geophysical models of climate change; and
       (4) to test the output of these models against an improved 
     global array of records of past abrupt climate changes.
       (b) Abrupt Climate Change Defined.--In this section, the 
     term ``abrupt climate change'' means a change in climate that 
     occurs so rapidly or unexpectedly that human or natural 
     systems may have difficulty adapting to it.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce $10,000,000 
     for each of the fiscal years 2003 through 2008, and such sums 
     as may be necessary for fiscal years after fiscal year 2008, 
     to carry out subsection (a).

              PART III--OCEAN AND COASTAL OBSERVING SYSTEM

     SEC. 1351. OCEAN AND COASTAL OBSERVING SYSTEM.

       (a) Establishment.--The President, through the National 
     Ocean Research Leadership Council, established by section 
     7902(a) of title 10, United States Code, shall establish and 
     maintain an integrated ocean and coastal observing system 
     that provides for long-term, continuous, and real-time 
     observations of the oceans and coasts for the purposes of--
       (1) understanding, assessing and responding to human-
     induced and natural processes of global change;
       (2) improving weather forecasts and public warnings;
       (3) strengthening national security and military 
     preparedness;
       (4) enhancing the safety and efficiency of marine 
     operations;
       (5) supporting efforts to restore the health of and manage 
     coastal and marine ecosystems and living resources;
       (6) monitoring and evaluating the effectiveness of ocean 
     and coastal environmental policies;
       (7) reducing and mitigating ocean and coastal pollution; 
     and
       (8) providing information that contributes to public 
     awareness of the Sate and importance of the oceans.
       (b) Council Functions.--In addition to its responsibilities 
     under section 7902(a) of such title, the Council shall be 
     responsible for planning and coordinating the observing 
     system and in carrying out this responsibility shall--
       (1) develop and submit to the Congress, within 6 months 
     after the date of enactment of this Act, a plan for 
     implementing a national ocean and coastal observing system 
     that--
       (A) uses an end-to-end engineering and development approach 
     to develop a system design and schedule for operational 
     implementation;
       (B) determines how current and planned observing activities 
     can be integrated in a cost-effective manner;
       (C) provides for regional and concept demonstration 
     projects;
       (D) describes the role and estimated budget of each Federal 
     agency in implementing the plan;
       (E) contributes, to the extent practicable, to the National 
     Global Change Research Plan under section 104 of the Global 
     Change Research Act of 1990 (15 U.S.C. 2934); and
       (F) makes recommendations for coordination of ocean 
     observing activities of the United States with those of other 
     nations and international organizations;
       (2) serve as the mechanism for coordinating Federal ocean 
     observing requirements and activities;
       (3) work with academic, State, industry and other actual 
     and potential users of the observing system to make effective 
     use of existing capabilities and incorporate new 
     technologies;
       (4) approve standards and protocols for the administration 
     of the system, including--
       (A) a common set of measurements to be collected and 
     distributed routinely and by uniform methods;
       (B) standards for quality control and assessment of data;
       (C) design, testing and employment of forecast models for 
     ocean conditions;
       (D) data management, including data transfer protocols and 
     archiving; and
       (E) designation of coastal ocean observing regions; and
       (5) in consultation with the Secretary of State, provide 
     representation at international meetings on ocean observing 
     programs and coordinate relevant Federal activities with 
     those of other nations.
       (c) System Elements.--The integrated ocean and coastal 
     observing system shall include the following elements:
       (1) A nationally coordinated network of regional coastal 
     ocean observing systems that measure and disseminate a common 
     set of ocean observations and related products in a uniform 
     manner and according to sound scientific practice, but that 
     are adapted to local and regional needs.
       (2) Ocean sensors for climate observations, including the 
     Arctic Ocean and sub-polar seas.
       (3) Coastal, relocatable, and cabled sea floor 
     observatories.
       (4) Broad bandwidth communications that are capable of 
     transmitting high volumes of data from open ocean locations 
     at low cost and in real time.
       (5) Ocean data management and assimilation systems that 
     ensure full use of new sources of data from space-borne and 
     in situ sensors.
       (6) Focused research programs.
       (7) Technology development program to develop new observing 
     technologies and techniques, including data management and 
     dissemination.
       (8) Public outreach and education.

     SEC. 1352. AUTHORIZATION OF APPROPRIATIONS.

       For development and implementation of an integrated ocean 
     and coastal observation system under this title, including 
     financial assistance to regional coastal ocean observing 
     systems, there are authorized to be appropriated $235,000,000 
     in fiscal year 2003, $315,000,000 in fiscal year 2004, 
     $390,000,000 in fiscal year 2005, and $445,000,000 in fiscal 
     year 2006.

                 Subtitle E--Climate Change Technology

     SEC. 1361. NIST GREENHOUSE GAS FUNCTIONS.

       Section 2(c) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 272(c)) is amended--
       (1) striking ``and'' after the semicolon in paragraph (21);
       (2) by redesignating paragraph (22) as paragraph (23); and
       (3) by inserting after paragraph (21) the following:
       ``(22) perform research to develop enhanced measurements, 
     calibrations, standards, and technologies which will enable 
     the reduced production in the United States of greenhouse 
     gases associated with global warming, including carbon 
     dioxide, methane, nitrous oxide, ozone, perfluorocarbons, 
     hydrofluorocarbons, and sulfur hexafluoride; and''.

     SEC. 1362. DEVELOPMENT OF NEW MEASUREMENT TECHNOLOGIES.

       (a) In General.--The Secretary of Commerce shall initiate a 
     program to develop, with technical assistance from 
     appropriate Federal agencies, innovative standards and 
     measurement technologies (including technologies to measure 
     carbon changes due to changes in land use cover) to 
     calculate--
       (1) greenhouse gas emissions and reductions from 
     agriculture, forestry, and other land use practices;
       (2) non-carbon dioxide greenhouse gas emissions from 
     transportation;
       (3) greenhouse gas emissions from facilities or sources 
     using remote sensing technology; and
       (4) any other greenhouse gas emission or reductions for 
     which no accurate or reliable measurement technology exists.

     SEC. 1363. ENHANCED ENVIRONMENTAL MEASUREMENTS AND STANDARDS

       The National Institute of Standards and Technology Act (15 
     U.S.C. 271 et seq.) is amended--
       (1) by redesignating sections 17 through 32 as sections 18 
     through 33, respectively; and
       (2) by inserting after section 16 the following:

     ``SEC. 17. CLIMATE CHANGE STANDARDS AND PROCESSES.

       ``(a) In General.--The Director shall establish within the 
     Institute a program to perform and support research on global 
     climate change standards and processes, with the goal of 
     providing scientific and technical knowledge applicable to 
     the reduction of greenhouse gases (as defined in section 4 of 
     the Global Climate Change Act of 2002).
       ``(b) Research Program.--
       ``(1) In general.--The Director is authorized to conduct, 
     directly or through contracts or grants, a global climate 
     change standards and processes research program.
       ``(2) Research projects.--The specific contents and 
     priorities of the research program shall be determined in 
     consultation with appropriate Federal agencies, including the 
     Environmental Protection Agency, the National Oceanic and 
     Atmospheric Administration, and the National Aeronautics and 
     Space Administration. The program generally shall include 
     basic and applied research--
       ``(A) to develop and provide the enhanced measurements, 
     calibrations, data, models, and reference material standards 
     which will enable the monitoring of greenhouse gases;
       ``(B) to assist in establishing of a baseline reference 
     point for future trading in greenhouse gases and the 
     measurement of progress in emissions reduction;
       ``(C) that will be exchanged internationally as scientific 
     or technical information which

[[Page 5384]]

     has the stated purpose of developing mutually recognized 
     measurements, standards, and procedures for reducing 
     greenhouses gases; and
       ``(D) to assist in developing improved industrial processes 
     designed to reduce or eliminate greenhouse gases.
       ``(c) National Measurement Laboratories.--
       ``(1) In general.--In carrying out this section, the 
     Director shall utilize the collective skills of the National 
     Measurement Laboratories of the National Institute of 
     Standards and Technology to improve the accuracy of 
     measurements that will permit better understanding and 
     control of these industrial chemical processes and result in 
     the reduction or elimination of greenhouse gases.
       ``(2) Material, process, and building research.--The 
     National Measurement Laboratories shall conduct research 
     under this subsection that includes--
       ``(A) developing material and manufacturing processes which 
     are designed for energy efficiency and reduced greenhouse gas 
     emissions into the environment;
       ``(B) developing environmentally-friendly, `green' chemical 
     processes to be used by industry; and
       ``(C) enhancing building performance with a focus in 
     developing standards or tools which will help incorporate low 
     or no-emission technologies into building designs.
       ``(3) Standards and tools.--The National Measurement 
     Laboratories shall develop standards and tools under this 
     subsection that include software to assist designers in 
     selecting alternate building materials, performance data on 
     materials, artificial intelligence-aided design procedures 
     for building sub-systems and `smart buildings', and improve 
     test methods and rating procedures for evaluating the energy 
     performance of residential and commercial appliances and 
     products.
       ``(d) National Voluntary Laboratory Accreditation 
     Program.--The Director shall utilize the National Voluntary 
     Laboratory Accreditation Program under this section to 
     establish a program to include specific calibration or test 
     standards and related methods and protocols assembled to 
     satisfy the unique needs for accreditation in measuring the 
     production of greenhouse gases. In carrying out this 
     subsection the Director may cooperate with other departments 
     and agencies of the Federal Government, State and local 
     governments, and private organizations.''.

     SEC. 1364. TECHNOLOGY DEVELOPMENT AND DIFFUSION.

       The Director of the National Institute of Standards and 
     Technology, through the Manufacturing Extension Partnership 
     Program, may develop a program to support the implementation 
     of new ``green'' manufacturing technologies and techniques by 
     the more than 380,000 small manufacturers.

     SEC. 1365. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Director to 
     carry out functions pursuant to sections 1345, 1351, and 1361 
     through 1363, $10,000,000 for fiscal years 2002 through 2006.

         Subtitle F--Climate Adaptation and Hazards Prevention

                   Part I--Assessment and Adaptation

     SEC. 1371. REGIONAL CLIMATE ASSESSMENT AND ADAPTATION 
                   PROGRAM.

       (a) In General.--The President shall establish within the 
     Department of Commerce a National Climate Change 
     Vulnerability and Adaptation Program for regional impacts 
     related to increasing concentrations of greenhouse gases in 
     the atmosphere and climate variability.
       (b) Coordination.--In designing such program the Secretary 
     shall consult with the Federal Emergency Management Agency, 
     the environmental Protection Agency, the Army Corps of 
     Engineers, the Department of Transportation, and other 
     appropriate Federal, State, and local government entities.
       (c) Vulnerability Assessments.--The program shall--
       (1) evaluate, based on predictions and other information 
     developed under this Act and the National Climate Program Act 
     (15 U.S.C. 2901 et seq.), regional vulnerability to phenomena 
     associated with climate change and climate variability, 
     including--
       (A) increases in severe weather events;
       (B) sea level rise and shifts in the hydrological cycle;
       (C) natural hazards, including tsunami, drought, flood and 
     fire; and
       (D) alteration of ecological communities including at the 
     ecosystem or watershed levels; and
       (2) build upon predictions and other information developed 
     in the National Assessments prepared under the Global Change 
     Research Act of 1990 (15 U.S.C. 2921 et seq.).
       (d) Preparedness Recommendations.--The program shall submit 
     a report to Congress within 2 years after the date of 
     enactment of this Act that identifies and recommends 
     implementation and funding strategies for short- and long-
     term actions that may be taken at the national, regional, 
     State, and local level--
       (1) to reduce vulnerability of human life and property;
       (2) to improve resilience to hazards;
       (3) to minimize economic impacts; and
       (4) to reduce threats to critical biological ecological 
     processes.
       (e) Information and Technology.--The Secretary shall make 
     available appropriate information and other technologies and 
     products that will assist national, regional, State, and 
     local efforts, as well as efforts by other end-users, to 
     reduce loss of life and property, and coordinate 
     dissemination of such technologies and products.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce $4,500,000 to 
     implement the requirements of this section.

     SEC. 1372. COASTAL VULNERABILITY AND ADAPTATION.

       (a) Coastal Vulnerability.--Within 2 years after the date 
     of enactment of this Act, the Secretary shall, in 
     consultation with the appropriate Federal, State, and local 
     governmental entities, conduct regional assessments of the 
     vulnerability of coastal areas to hazards associated with 
     climate change, climate variability, sea level rise, and 
     fluctuation of Great Lakes water levels. The Secretary may 
     also establish, as warranted, longer term regional assessment 
     programs. The Secretary may also consult with the governments 
     of Canada and Mexico as appropriate in developing such 
     regional assessments. In preparing the regional assessments, 
     the Secretary shall collect and compile current information 
     on climate change, sea level rise, natural hazards, and 
     coastal erosion and mapping, and specifically address impacts 
     on Arctic regions and the Central, Western, and South Pacific 
     regions. The regional assessments shall include an evaluation 
     of--
       (1) social impacts associated with threats to and potential 
     losses of housing, communities, and infrastructure;
       (2) physical impacts such as coastal erosion, flooding and 
     loss of estuarine habitat, saltwater intrusion of aquifers 
     and saltwater encroachment, and species migration; and
       (3) economic impact on local, State, and regional 
     economics, including the impact on abundance or distribution 
     of economically important living marine resources.
       (b) Coastal Adaptation Plan.--The Secretary shall, within 3 
     years after the date of enactment of this Act, submit to the 
     Congress a national coastal adaptation plan, composed of 
     individual regional adaption plans that recommend targets and 
     strategies to address coastal impacts. associated with 
     climate change, sea level rise, or climate variability. The 
     plan shall be developed with the participation of other 
     Federal, State, and local government agencies that will be 
     critical in the implementation of the plan at the State and 
     local levels. The regional plans that will make up the 
     national coastal adaptation plan shall be based on the 
     information contained in the regional assessments and shall 
     identify special needs associated with Arctic areas and the 
     Central, Western, and South Pacific regions. The Plan shall 
     recommend both short- and long-term adaptation strategies and 
     shall include recommendations regarding--
       (1) Federal flood insurance program modifications;
       (2) areas that have been identified as high risk through 
     mapping and assessment;
       (3) mitigation incentives such as rolling easements, 
     strategic retreat, State or Federal acquisition in fee simple 
     or other interest in land, construction standards, and 
     zoning;
       (4) land and property owner education;
       (5) economic planning for small communities dependent upon 
     affected coastal resources, including fisheries; and
       (6) funding requirements and mechanisms.
       (c) Technical Planning Assistance.--The Secretary, through 
     the National Ocean Service, shall establish a coordinated 
     program to provide technical planning assistance and products 
     to coastal States and local governments as they develop and 
     implement adaptation or mitigation strategies and plans. 
     Products, information, tools and technical expertise 
     generated from the development of the regional assessments 
     and the regional adaptation plans will be made available to 
     coastal States for the purposes of developing their own State 
     and local plans.
       (d) Coastal Adaptation Grants.--The Secretary shall provide 
     grants of financial assistance to coastal States with 
     federally approved coastal zone management programs to 
     develop and begin implementing coastal adaptation programs if 
     the State provides a Federal-to-State match of 4 to 1 in the 
     first fiscal year, 2.3 to 1 in the second fiscal year, 2 to 1 
     in the third fiscal year, and 1 to 1 thereafter. Distribution 
     of these funds to coastal States shall be based upon the 
     formula established under section 306(c) of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1455(c)), adjusted in 
     consultation with the States as necessary to provide 
     assistance to particularly vulnerable coastlines.
       (e) Coastal Response Pilot Program.--
       (1) In general.--The Secretary shall establish a 4-year 
     pilot program to provide financial assistance to coastal 
     communities most adversely affected by the impact of climate 
     change or climate variability that are located in States with 
     federally approved coastal zone management programs.
       (2) Eligible projects.--A project is eligible for financial 
     assistance under the pilot program if it--
       (A) will restore or strengthen coastal resources, 
     facilities, or infrastructure that

[[Page 5385]]

     have been damaged by such an impact, as determined by the 
     Secretary;
       (B) meets the requirements of the Coastal Zone Management 
     Act (16 U.S.C. 1451 et seq.) and is consistent with the 
     coastal zone management plan of the State in which it is 
     located; and
       (C) will not cost more than $100,000.
       (3) Funding share.--The Federal funding share of any 
     project under this subsection may not exceed 75 percent of 
     the total cost of the project. In the administration of this 
     paragraph--
       (A) the Secretary may take into account in-kind 
     contributions and other non-cash support or any project to 
     determine the Federal funding share for that project; and
       (B) the Secretary may waive the requirements of this 
     paragraph for a project in a community if--
       (i) the Secretary determines that the project is important; 
     and
       (ii) the economy and available resources of the community 
     in which the project is to be conducted are insufficient to 
     meet the non-Federal share of the project's costs.
       (f) Definitions.--Any term used in this section that is 
     defined in section 304 of the Coastal Zone Management Act of 
     1972 (16 U.S.C. 1453) has the meaning given it by that 
     section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated $3,000,000 annually for regional 
     assessments under subsection (a), and $3,000,000 annually for 
     coastal adaptation grants under subsection (d).

     SEC. 1373. ARCTIC RESEARCH CENTER.

       (a) Establishment.--The Secretary of Commerce, in 
     consultation with the Secretaries of Energy and the Interior, 
     the Director of the National Science Foundation, and the 
     Administrator of the Environmental Protection Agency, shall 
     establish a joint research facility, to be known as the 
     Barrow Arctic Research Center, to support climate change and 
     other scientific research activities in the Arctic.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretaries of Commerce, Energy, 
     and the Interior, the Director of the National Science 
     Foundation, and the Administrator of the Environmental 
     Protection Agency, $35,000,000 for the planning, design, 
     construction, and support of the Barrow Arctic Research 
     Center.

            Part II--Forecasting and Planning Pilot Programs

     SEC. 1381. REMOTE SENSING PILOT PROJECTS.

       (a) In General.--The Administrator of the National 
     Aeronautics and Space Administration may establish, through 
     the National Oceanic and Atmospheric Administration's Coastal 
     Services Center, a program of grants for competitively 
     awarded pilot projects to explore the integrated use of 
     sources of remote sensing and other geospatial information to 
     address State, local, regional, and tribal agency needs to 
     forecast a plan for adaptation to coastal zone and land use 
     changes that may result as a consequence of global climate 
     change or climate variability.
       (B) Preferred Projects.--In awarding grants under this 
     section, the Center shall give preference to projects that--
       (1) focus on areas that are most sensitive to the 
     consequences of global climate change or climate variability;
       (2) make use of existing public or commercial data sets;
       (3) integrate multiple sources of geospatial information, 
     such as geographic information system data, satellite-
     provided positioning data, and remotely sensed data, in 
     innovative ways;
       (4) offer diverse, innovative approaches that may serve as 
     models for establishing a future coordinated framework for 
     planning strategies for adaptation to coastal zone and land 
     use changes related to global climate change or climate 
     variability;
       (5) include funds or in-kind contributions from non-Federal 
     sources;
       (6) involve the participation of commercial entities that 
     process raw or lightly processed data, often merging that 
     data with other geospatial information, to create data 
     products that have significant value added to the original 
     data; and
       (7) taken together demonstrate as diverse a set of public 
     sector applications as possible.
       (c) Opportunities.--In carrying out this section, the 
     Center shall seek opportunities to assist--
       (1) in the development of commercial applications 
     potentially available from the remote sensing industry; and
       (2) State, local, regional, and tribal agencies in applying 
     remote sensing and other geospatial information technologies 
     for management and adaption to coastal and land use 
     consequences of global climate change or climate variability.
       (d) Duration.--Assistance for a pilot project under 
     subsection (a) shall be provided for a period of not more 
     than 3 years.
       (e) Responsibilities of Grantees.--Within 180 days after 
     completion of a grant project, each recipient of a grant 
     under subsection (a) shall transmit a report to the Center on 
     the results of the pilot project and conduct at least one 
     workshop for potential users to disseminate the lessons 
     learned from the pilot project as widely as feasible.
       (f) Regulations.--The Center shall issue regulations 
     establishing application, selection, and implementation 
     procedures for pilot projects, and guidelines for reports and 
     workshops require by this section.

     SEC. 1382. DATABASE ESTABLISHMENT.

       The Center shall establish and maintain an electronic, 
     Internet-accessible database of the results of each pilot 
     project completed under section 1381.

     SEC. 1383. DEFINITIONS.

       In this subtitle:
       (1) Center.--The term ``Center'' means the Coastal Services 
     Center of the National Oceanic and Atmospheric 
     Administration.
       (2) Geospatial information.--The term ``geospatial 
     information'' means knowledge of the nature and distribution 
     of physical and cultural features on the landscape based on 
     analysis of data from airborne or spaceborne platforms or 
     other types and sources of data.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given 
     that term in section 101(a) of the Higher Education Act of 
     1965 (20 U.S.C. 1001(a)).

     SEC. 1384. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Administrator to carry out the provisions of this subtitle--
       (1) $17,500,000 for fiscal year 2003;
       (2) $20,000,000 for fiscal year 2004;
       (3) $22,500,000 for fiscal year 2005; and
       (4) $25,000,000 for fiscal year 2006.

     SEC. 1385. AIR QUALITY RESEARCH, FORECASTS AND WARNINGS.

       (a) Regional Studies.--The Secretary of Commerce, through 
     the Administration of the National Oceanographic and 
     Atmospheric Administration, shall, in order of priority as 
     listed in section (c), conduct regional studies of the air 
     quality within specific regions of the United States. Such 
     studies should assess the effect of in-situ emissions of air 
     pollutants and their precursors, transport of such emissions 
     and precursors from outside the region, and production of air 
     pollutants with region via chemical reactions.
       (b) Forecasts and Warnings.--The Secretary of Commerce, 
     through the Administrator of the National Oceanographic and 
     Atmospheric Administration, shall, in order of priority as 
     listed in section (c), establish a program to provide 
     operational air quality forecasts and warnings for specific 
     regions of the United States.
       (c) Definition.--For the purposes of this section, the term 
     ``specific regions of the United States'' means the following 
     geographical areas:
       (1) the Northeast, composed of Maine, New Hampshire, 
     Vermont, Massachusetts, Rhode Island, Connecticut, New York, 
     New Jersey, Pennsylvania, Maryland, Delaware, the District of 
     Columbia, and West Virginia;
       (2) the Southeast, composed of Virginia, North Carolina, 
     South Carolina, Georgia, Alabama, and Florida;
       (3) the Midwest, composed of Minnesota, Wisconsin, Iowa, 
     Missouri, Illinois, Kentucky, Indiana, Ohio, and Michigan;
       (4) the South, composed of Tennessee, Mississippi, 
     Louisiana, Arkansas, Oklahoma, and Texas;
       (5) the High Plains, composed of North Dakota, South 
     Dakota, Nebraska, and Kansas;
       (6) the Northwest, composed of Washington, Oregon, Idaho, 
     Montana, and Wyoming;
       (7) the Southwest, composed of California, Nevada, Utah, 
     Colorado, Arizona, and New Mexico;
       (8) Alaska; and
       (9) Hawaii.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Commerce $3,000,000 
     for each of fiscal years 2003 through 2006 for studies 
     pursuant to subsection (b) of this section, and $5,000,000 
     for fiscal year 2003 and such sums as may be necessary for 
     subsequent fiscal years for the forecast and warning program 
     pursuant to subsection (c) of this section.

  The text of submitted amendment No. 3274, as modified, which was to 
have been printed in yesterday's Record, is as follows:

   (Purpose: To increase the transfer capability of electric energy 
      transmission systems through participant-funded investment)

       At the appropriate place, insert the following:

     SEC.   . TRANSMISSION EXPANSION.

       Section 205 of the Federal Power Act is amended by 
     inserting after subsection (h) the following:
       ``(i) Rulemaking.--Within six months of Enactment of this 
     Act, the Commission shall issue final rules governing the 
     pricing of transmission services.
       ``(1) Transmission pricing principles.--Rules for 
     transmission pricing issued by the Commission under this 
     subsection shall adhere to the following principles:
       ``(A) transmission pricing must provide accurate and proper 
     price signals for the efficient and reliable use and 
     expansion of the transmission system; and
       ``(B) new transmission facilities should be funded by those 
     parties who benefit from such facilities.
       ``(2) Funding of certain facilities.--The rules established 
     pursuant to this subsection

[[Page 5386]]

     shall, among other things, provide that, upon request of a 
     regional transmission organization or other Commission-
     approved transmission organization, certain new transmission 
     facilities that increase the transfer capability of the 
     transmission system may be Participant Funded. In such rules, 
     the Commission shall also provide guidance as to what types 
     of facilities may be participant funded.
       ``(3) Participant-funding.--The term `participant-funding' 
     means an investment in the transmission system controlled by 
     a RTO, made after the date that the RTO or other transmission 
     organization is approved by the Commission, that--
       ``(A) increases the transfer capability of the transmission 
     system; and
       ``(B) is funded by the entities that, in return for 
     payment, receives the tradable transmission rights created by 
     the investment.
       ``(4) Tradable transmission right.--The term `tradable 
     transmission right' means the right of the holder of such 
     right to avoid payment of, or have rebated, transmission 
     congestion charges on the transmission system of a regional 
     transmission organization, the right to use a specified 
     capacity of such transmission system without payment of 
     transmission congestion charges, or other rights as 
     determined by the Commission.''.

  Mr. BYRD. Mr. President, I am a product of West Virginia. I was 
pulled from the hard scrabble mountains of Appalachia, and I burn with 
a passion to serve this nation. I remember my roots. I am proud of them 
as they have served me well throughout my career in Congress. I recall 
the words of the legendary President of the United Mine Workers of 
America, John L. Lewis:

     When ye be an anvil,
     lie ye very still;
     When ye be a hammer,
     strike with all thy will.

  I believe that we should work diligently on legislation that is 
beneficial to the American people--on education reform, Campaign 
Finance Reform, border security, homeland defense, energy security, and 
a common sense climate change policy. But, surely, we should not allow 
the White House to hammer us, disregarding what we have introduced, 
debated, and passed in this Chamber on a number of important policy 
matters. We must let the democratic process work. It is an open 
process, and it is the process that the Founders established so long 
ago to make it possible to consider the people's business.
  It was a little over a year ago that the Administration began a 
comprehensive review of climate change--their alternative approach to 
the Kyoto Protocol. I understand that any new Administration must 
examine and develop its own set of policies and ideas on these issues, 
but they should also understand that so must the Senate. In the absence 
of any Executive Branch action last year, the Members of the Senate on 
both sides of the aisle took the lead, putting forward new ideas and 
approaches to address this climate change challenge.
  In June 2001, I introduced bipartisan climate change legislation with 
Senator Stevens. Our bill received unanimous support in the Government 
Affairs Committee in July 2001, and Senators Daschle and Bingaman then 
included this bipartisan legislation along with other climate change 
provisions in the larger energy bill in December 2001. Our proposal is 
based on scientifically, technically, economically, and environmentally 
sound principles and would put into place a long-term, comprehensive, 
national climate change strategy. I believe that this is the right 
policy framework. The Byrd/Stevens legislation recognizes that what we 
truly need is to find new ways to begin to solve the climate change 
problem. Additionally, I believe that such innovation will be key to 
the long-term viability of coal as an energy resource.
  The primary cause of global climate change is due to the increase in 
greenhouse gases in the atmosphere, especially CO2 which 
results from the burning of fossil fuels. To deal with climate change 
during this century, the world must find better, more efficient, and 
cleaner ways to burn the very fossil fuels, including coal, that power 
virtually the entire economy. Addressing climate change is one of the 
greatest challenges facing the world in this century, and it will 
require the development of advanced energy technologies, ideas, and 
responses far beyond today's endeavors. Therefore, the U.S. must set in 
place a framework with a comprehensive strategy and structure to better 
address this global challenge.
  The Byrd/Stevens legislation calls for the development of a national 
strategy to coordinate the Federal Government's response to climate 
change and to examine how the U.S. and other nations can stabilize 
greenhouse gas concentrations over the long term. The strategy is built 
upon a foundation of four key elements, including technology 
development, scientific research, climate adaptation research, and 
mitigation measures to deal with climate change in an economically and 
environmentally sound manner.
  Byrd/Stevens recognizes that the large number of Federal agencies are 
engaged in climate change-related activities, often resulting in a 
hodgepodge of ad hoc approaches. Our legislation calls for the creation 
of a new, statutory office in the Executive Office of the President to 
serve as a focal point of accountability and to integrate the work of 
these Federal agencies while enhancing congressional oversight.
  Byrd/Stevens also fills a critical technology gap with a long-term 
research and development program through the creation of a new office 
at the Department of Energy which will focus on the innovative 
technologies necessary to move beyond the current, incremental steps 
being taken to address climate change today and authorizes $4.75 
billion over ten years for such programs. We must develop the critical, 
innovative energy technologies that will help reduce emissions, while 
simultaneously preserving a diversity of energy options to support our 
growing economy.
  Additionally, Byrd/Stevens understands that enhancing international 
research and development efforts as well as opening markets and 
exporting a range of clean energy technologies globally will be key to 
addressing the long-term climate change challenge. Finally, while it is 
critical to put in place the framework to address this long-term, 
multifaceted issue, it should be noted that the Byrd/Stevens 
legislation does not purposely include a mandatory or regulatory regime 
for emission reductions.
  Senator Stevens and I want to work in a bipartisan way to thread this 
needle--to find a way to establish a balanced, long-term framework so 
that the U.S. can better address the climate change challenge in a more 
comprehensive way. Climate change policy is no more and no less than 
cumulatively addressing good economic, energy, environmental, 
transportation, agriculture, forestry, and other relevant policy 
measures. At no time, was it our intent to presuppose or dictate any 
specific policy outcomes to the Executive Branch or the public at 
large. Rather, the Byrd/Stevens legislation incorporated the views of 
many Members and was built upon the experiences from past 
Administration's efforts in order to create a stronger, more stable 
foundation that would span this and many Administrations to come.
  In summary, I believe that, by working in a bipartisan way in the 
Senate, we have refined the Byrd/Stevens legislation without 
undermining its core principles. I hope to work with the White House 
and other Members of Congress in the energy conference on this and 
other energy-related provisions. I look forward to the eventual 
inclusion of Byrd/Stevens in a comprehensive energy plan that can 
ultimately pass the Congress and be signed by the President. Finally, I 
ask unanimous consent that my full statement before the Senate 
Government Affairs Committee on July 18, 2001, be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

  Remarks by U.S. Senator Robert C. Byrd: ``Meeting the Challenge of 
   Climate Change''--Testimony Before the Senate Government Affairs 
                        Committee, July 18, 2001

       Mr. Chairman, Senator Thompson, Senator Stevens, and 
     Members of the Committee:
       I thank you very much for inviting me to speak on behalf of 
     S. 1008, the Climate Change Strategy and Technology 
     Innovation Act of 2001, and I appreciate your holding

[[Page 5387]]

     this hearing on legislation that I believe incorporates the 
     interests of a wide range of Members.
       I have spoken twice in recent months on the Senate floor 
     about the issue of global climate change. My desire to 
     discuss this important issue derives not only from my sense 
     of personal concern but also from my optimistic belief that 
     we can meet the climate change challenge if we are willing to 
     make a commitment to do so. It is my position that all 
     nations, industrialized and developing countries alike, must 
     begin to honestly address the multifaceted and very complex 
     global climate change problem. At the same time, I believe 
     that our nation is particularly well positioned, with the 
     talent, the wisdom, and the drive, in leading efforts to 
     address the problem that is before us.
       For these reasons, I, along with Senator Stevens, 
     introduced the legislation (S. 1008) that is under 
     consideration today. The Byrd/Stevens climate change action 
     plan recognizes the awesome problem posed by climate change, 
     and it puts into place a comprehensive framework, as well as 
     research and development effort to guide U.S. efforts into 
     the future. This insidious diseases that have ravaged the 
     earth. Our nation is a world leader in medical and 
     telecommunications technologies, and we should also be a 
     leader when it comes to revolutionizing our energy 
     technologies. Such a commitment would be important for our 
     economy, our energy security, and the global environment 
     overall. But I must ask how long are we going to wait to 
     develop these technologies. This is a huge opportunity for 
     our nation, but our efforts will only be rewarded if can we 
     make a concerted commitment and dedicate ourselves to the 
     task ahead.
       Make no mistake about it, global climate change is a 
     reality. There are some who may have misinterpreted my stance 
     on this issue based on Senate Resolution 98 of July 1997, 
     which I co-authored with Senator Hagel. That resolution, 
     which was approved by a 95-0 vote, said that the Senate 
     should not give its consent to any future binding 
     international climate change treaty which failed to include 
     two important provisions. That resolution simply stated that 
     developing nations, especially those largest emitters, must 
     also be included in any treaty and that such a treaty must 
     not result in serious harm to the U.S. economy. I still 
     believe that these two provisions are vitally important 
     components of any future climate change treaty, but I do not 
     believe that this resolution should be used as an excuse for 
     the United States to abandon its shared responsibility to 
     help find a solution to the global climate change dilemma.
       At the same time, we should not back away from efforts to 
     bring other nations along. The U.S. will never be successful 
     in addressing climate change alone. This is a global problem 
     that requires a global solution. It is critical that nations 
     such as China, India, Mexico, Brazil, and other developing 
     nations adopt a cleaner, more sustainable development path 
     that promotes economic growth while also reducing their 
     pollution and greenhouse gas emissions.
       In the Senate's Fiscal Year 2001 Energy and Water 
     appropriations bill, I inserted language that created an 
     interagency task force to promote the deployment of U.S. 
     clean energy technologies abroad. Such an initiative is 
     complementary to the effort proposed in S. 1008. The Clean 
     Energy Technology Exports Initiative is now underway and will 
     help foreign nations deploy a range of clean energy 
     technologies that have been developed in our laboratories. 
     These technologies are hugely marketable. For example, if 
     nations like China continue to depend on coal and other 
     fossil fuels to grow their economies into the future, it is 
     incumbent upon the U.S. to accelerate the development, 
     demonstration, and deployment of clean coal and other clean 
     energy technologies that will be critical to meeting all 
     nations' energy needs while also providing for a cleaner 
     environment.
       I believe that S. 1008 maps a responsible and realistic 
     course. That road may be bumpy--and I am sure that there will 
     be disagreements along the way--but it is a journey that we 
     must take.
       We owe it to future generations. S. 1008, if adopted and 
     signed by the President, will commit the U.S. to a serious 
     undertaking, but one that should no longer be ignored. If we 
     are to have any hope of solving one of the world's--one of 
     humanity's--greatest challenges, we must begin now.

  Mr. McCAIN. Mr. President, first, I thank the many Senators for their 
involvement in these discussions on the very complex issue of climate 
change. I applaud their efforts to reach agreement on these titles.
  It is not often that several Committees come together to discuss an 
issue that cuts across their respective jurisdictions. I think that the 
agreement that has been reached thus far represents major progress on 
the road toward addressing the problem of climate change. I, like other 
Members, have concerns that need further discussion. I think that a 
dialogue with the House and the Administration will be invaluable as we 
continue our efforts to finalize a domestic approach to the problem. 
Therefore, I look forward to working with the various Senators as we 
continue these discussions on the bill during the conference with the 
House.
  In closing, I would like to note that I have concerns with the newly 
established Office of Climate Change Technology in Title X of the bill. 
I hope these concerns can be further addressed as we proceed on the 
bill. Additionally, I have issues with the loan guarantee provisions of 
Title XIII. I will speak further on these in a separate statement.
  Mr. BINGAMAN. Mr. President, I further ask unanimous consent that the 
foregoing amendments be agreed to en bloc and the motions to reconsider 
be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments Nos. 3157, and 3231, as modified, were agreed to.
  The amendments (Nos. 3232, 3242, 3244, 3245, 3246, 3247, 3248, 3249, 
and 3250) were agreed to, as follows:


                           amendment no. 3232

  (The amendment is printed in the Record of April 22, under ``Text of 
Amendments.'')


                           amendment no. 3242

       On page 177, line 20, insert after ``information'' the 
     following: ``retrospectively to 1998,''
       On page 177, line 25, strike ``consumed'' and insert 
     ``blended''.
       On page 187, line 2, strike ``commodities and''.
       On page 188, line 20, strike ``distributors''.
       On page 191, line 6, strike ``refiners'' and insert 
     ``refineries''.
       On page 191, line 17, strike ``distributes''.
       On page 198, strike line 24 and all that follows through 
     page 199, line 21.
       On page 204, line 3, strike ``importer, or distributor'' 
     and insert ``or importer''.
       On page 205, line 5, strike ``(2) Effective Date.--This 
     section'' and insert the following:
       ``(2) Exceptions.--This subsection shall not apply to 
     ethers.
       ``(3) Effective date.--This subsection''.
       On page 222, line 23, strike ``(B)'' and insert ``(C)''.
       On page 233, line 18, strike ``(k)'' and insert 
     ``paragraph''.
                                  ____



                           amendment no. 3244

       On page 3, line 4, strike ``Electrical'' and insert 
     ``Energy''.
       On page 3, line 5, strike ``electrical'' and insert 
     ``energy''.
       On page 5, line 4, strike ``electrical'' and insert 
     ``energy''.
       On page 5, lines 12-13, strike ``standard established by 
     a'' and insert ``applicable''.
       On page 5, lines 13-14, strike ``standard described in'' 
     and insert ``low emissions vehicle standards established 
     under authority of''.
       On page 6, line 5, strike ``electrical'' and insert 
     ``energy''.
                                  ____



                           AMENDMENT NO. 3245

        (Purpose: To clarify the definition of ``tribal lands'')

       On page 101, strike line 24 and all that follows through 
     page 102, line 2 and insert the following:
       ``(6) Tribal lands.--The term `tribal lands' means any 
     tribal trust lands, or other lands owned by an Indian tribe 
     that are within such tribe's reservation.''.
                                  ____



                           AMENDMENT NO. 3246

        (Purpose: To clarify the definition of ``Indian land'')

       On page 93, lines 8 through 9, strike ``on the date of 
     enactment of this section was'' and insert ``is''.
                                  ____



                           AMENDMENT NO. 3247

            (Purpose: To preserve oil and gas resource data)

       Add at the end of title VI the following:

     ``SEC. 612. PRESERVATION OF OIL AND GAS RESOURCE DATA.

       ``The Secretary of the Interior, through the United States 
     Geological Survey, may enter into appropriate arrangements 
     with State agencies that conduct geological survey activities 
     to collect, archive, and provide public access to data and 
     study results regarding oil and natural gas resources. The 
     Secretary may accept private contributions of property and 
     services for purposes of this section.''.
                                  ____



                           Amendment No. 3248

(Purpose: To facilitate resolution of conflicts between the development 
of Federal coal and the development of Federal and non-Federal coalbed 
       methane in the Powder River Basin in Wyoming and Montana)

       Add at the end of title VI the following:

     ``SEC 611. RESOLUTION OF FEDERAL RESOURCE DEVELOPMENT 
                   CONFLICTS IN THE POWDER RIVER BASIN.

       ``The Secretary of the Interior shall undertake a review of 
     existing authorities to resolve conflicts between the 
     development of

[[Page 5388]]

     Federal coal and the development of Federal and non-Federal 
     coalbed methane in the Powder River Basin in Wyoming and 
     Montana. Not later than 90 days from enactment of this Act, 
     the Secretary shall report to Congress on her plan to resolve 
     these conflicts.''
                                  ____



                           amendment no. 3249

    (Purpose: To facilitate timely action on oil and gas leases and 
applications for permits to drill and inspection and enforcement of oil 
                          and gas activities)

       On page 126, strike line 2 and all that follows through 
     line 14 and insert the following: ``the States; and
       ``(3) improve the collection, storage, and retrieval of 
     information related to such leasing activities.
       ``(b) Improved Enforcement.--The Secretary shall improve 
     inspection and enforcement of oil and gas activities, 
     including enforcement of terms and conditions in permits to 
     drill.
       ``(c) Authorization of Appropriations.--For each of the 
     fiscal years 2003 through 2006, in addition to amounts 
     otherwise authorized to be appropriated for the purpose of 
     carrying out section 17 of the Mineral Leasing Act (30 U.S.C. 
     226), there are authorized to be appropriated to the 
     Secretary of the Interior.
       ``(1) $40,000,000 for the purpose of carrying out 
     paragraphs (1) through (3) of subsection (a); and
       ``(2) $20,000,000 for the purpose of carrying out 
     subsection (b).''.
                                  ____



                           Amendment No. 3250

  (Purpose: To clarify the application of section 927 to certain air 
                             conditioners)

       On page 294, after line 18, insert the following and 
     renumber the subsequent paragraph:
       ``(6) Air conditioners and heat pumps that--
       ``(A) are small duct,
       ``(B) are high velocity, and
       ``(C) have external static pressure several times that of 
     conventional air conditioners or heat pumps--

     shall not be subject to paragraphs (1) through (4), but shall 
     be subject to standards prescribed by the Secretary in 
     accordance with subsections (o) and (p). The Secretary shall 
     prescribe such standards by January 1, 2004.''.


              Vitiation of Adoption of Amendment No. 3061

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Senate 
vitiate the adoption of amendment No. 3061, adopted on March 21, and 
that the text of amendment No. 2917 stricken by amendment No. 3061 be 
reinstated.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.


Amendment No. 3008, As Amended, and Amendment No. 3145, As Modified, To 
                           Amendment No. 3008

  Mr. BINGAMAN. Mr. President, I ask unanimous consent that 
notwithstanding rule XXII, the Senate now consider amendment No. 3008; 
that amendment No. 3145 to amendment No. 3008 be modified by the 
changes at the desk; that amendment No. 3145, as modified, be agreed 
to; that amendment No. 3008, as amended, be agreed to, and that the 
motions to reconsider be laid upon the table.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The amendment (No. 3145), as modified, was agreed to, 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 reasonably available at a generally competitive 
     price, the Federal agency purchases ethanol-blended gasoline 
     containing at least 10 percent ethanol rather than 
     nonethanol-blended gasoline, for use in vehicles used by the 
     agency that use gasoline.
       ``(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 that use diesel fuel used by the Federal 
     agency at the location at which fleet vehicles of the Federal 
     agency are centrally fueled, in areas in which the biodiesel-
     blended diesel fuel described in paragraphs (A) and (B) is 
     available at a generally 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.
       ``(3) the provisions of this subsection shall not be 
     considered at requirement of Federal law for the purposes of 
     section 312.
       ``(c) Exemption.--This section does not apply to fuel used 
     in vehicles excluded from the definition of ``fleet'' by 
     subparagraphs (A) through (H) of section 301 (9).''.

  The amendment (No. 3008), as amended, was agreed to.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Mr. President, the Senator from New Mexico mentioned that 
all these amendments have been cleared on the other side.


                     Amendment No. 3115, Withdrawn

  Mrs. FEINSTEIN. Mr. President, I withdraw amendment No. 3115.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3225 To Amendment No. 2917

(Purpose: To modify the provision relating to the renewable content of 
 motor vehicle fuel to eliminate the required volume of renewable fuel 
                        for calendar year 2004)

  Mrs. FEINSTEIN. Mr. President, I call up, for the purposes of setting 
them aside, two amendments. The first one is amendment No. 3225, and I 
ask the clerk to report the amendment.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from California [Mrs. Feinstein] proposes an 
     amendment numbered 3225.

  (The text of the amendment is printed in the Record of Monday, April 
22, under ``Text of Amendments.'')
  Mrs. FEINSTEIN. Mr. President, all this amendment would do is provide 
1 additional year to prepare for the mandate. That would change one 
date, changing this mandate from 2004 to 2005. And I ask unanimous 
consent the amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered. The 
amendment is set aside.


                Amendment No. 3170 To Amendment No. 2917

  Mrs. FEINSTEIN. Mr. President, I call up amendment No. 3170, and I 
ask the clerk to report the amendment.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from California [Mrs. Feinstein] proposes an 
     amendment numbered 3170.

  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To reduce the period of time in which the Administrator may 
   act on a petition by 1 or more States to waive the renewable fuel 
                          content requirement)

       Beginning on page 195, strike line 19 and all that follows 
     through page 196, line 4, and insert the following:
       ``(B) Petition 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.

  Mrs. FEINSTEIN. Mr. President, this amendment would say that in an 
emergency, instead of having to wait 240 days for the EPA to respond, 
either to serious harm to the economy or an inadequate domestic supply 
or distribution capacity to meet the requirements of the mandate, the 
EPA would have 90 days to consider that.
  I ask unanimous consent this amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. FEINSTEIN. I thank the Chair and yield the floor.
  The PRESIDING OFFICER. The Senator from Illinois.


                Amendment No. 3124 to Amendment No. 2917

  Mr. FITZGERALD. Mr. President, I ask unanimous consent to set aside 
the pending amendment to call up amendment No. 3124, which is at the 
desk.

[[Page 5389]]

  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside, and the clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Illinois [Mr. Fitzgerald], for himself, 
     Mr. Corzine, Mr. Jeffords, and Mr. Chafee, proposes an 
     amendment numbered 3124.

  Mr. FITZGERALD. Mr. President, I ask unanimous consent reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To modify the definitions of biomass and renewable energy to 
                     exclude municipal solid waste)

       On page 81, between lines 2 and 3, insert the following:

     SEC. 2  . DEFINITIONS OF BIOMASS AND RENEWABLE ENERGY FOR THE 
                   PURPOSES OF THE FEDERAL PURCHASE REQUIREMENT 
                   AND THE FEDERAL RENEWABLE PORTFOLIO STANDARD.

       (a) Federal Purchase Requirement.--
       (1) Biomass.--In section 263, the term ``biomass'' does not 
     include municipal solid waste.
       (2) Renewable energy.--Notwithstanding anything to the 
     contrary in subsection (a)(2) of section 263, for purposes of 
     that section, the term ``renewable energy'' does not include 
     municipal solid waste.
       (b) Federal Renewable Portfolio Standard.--
       (1) Biomass.--Notwithstanding anything to the contrary in 
     subsection (l)(1) of section 606 of the Public Utility 
     Regulatory Policies Act of 1978 (as added by section 265), 
     for the purposes of that section, the term ``biomass'' does 
     not include municipal solid waste.
       (2) Renewable energy resource.--Notwithstanding anything to 
     the contrary in subsection (l)(10) of section 606 of the 
     Public Utility Regulatory Policies Act of 1978 (as added by 
     section 265), for the purposes of that section, the term 
     ``renewable energy resource'' does not include municipal 
     solid waste.

  Mr. FITZGERALD. Mr. President, I rise today to offer an amendment 
that excludes the incineration of municipal solid waste from the 
definitions of renewable energy and biomass in the energy bill's 
Federal purchase requirement and renewable portfolio standard. This 
amendment, which is cosponsored by Senators Corzine, Jeffords, and 
Chafee, closes a loophole in the bill that would encourage the use of 
municipal solid waste incinerators that emit harmful pollutants into 
our air. Increased incineration will result in greater pollution which, 
in turn, will lead to greater health problems for all Americans.
  The goal of the renewable portfolio standard and the Federal purchase 
requirement in the energy bill is to promote a cleaner environment and 
diversify our Nation's energy sources. My amendment to the Daschle 
substitute helps to achieve that goal by eliminating the incentive for 
environmentally hazardous municipal solid waste incinerators. Whatever 
your thoughts are on the ultimate merits of incineration as a tool of 
waste management, its inclusion in the energy bill as a clean and 
renewable energy source is hard to defend.
  This amendment does not preclude communities that elect to generate 
electricity from incinerating their waste from doing so, but, rather, 
prevents them from receiving special treatment under Federal law. As 
many of you know, the renewable portfolio standard requires that 
utilities either produce a percentage of their power from renewable 
energy sources or that they purchase credits from another party for any 
shortfall.
  Similarly, the Federal purchase requirement in the bill, which I 
championed during my tenure on the Energy and Natural Resources 
Committee, requires that a percentage of the power consumed by the 
Federal Government come from renewable energy sources. Under the 
existing language now in the Daschle substitute, as amended by Senators 
Bingaman and Thomas, the incineration of waste would be considered 
alongside wind and solar as a clean and renewable energy source. I 
doubt that those in communities with waste incinerators would consider 
those incinerators as environmentally innocuous as solar and wind 
energy.
  During my years in the Illinois General Assembly, in the Illinois 
State Senate, I was confronted by a similar scheme to promote 
incentives for waste incinerators. In 1987, prior to my arrival in the 
General Assembly, that body approved a tax incentive that encouraged 
the construction of waste incinerators to generate electricity.
  This subsidy to the waste incineration industry, which amounted to 
nearly $360 million over 20 years, according to some estimates, led to 
a proliferation of planned incinerators in mostly poor communities 
surrounding the city of Chicago. In response to significant public 
health and environmental concerns raised by these and surrounding 
communities, I joined several colleagues in repealing this subsidy and 
preventing the actual construction of many of these incinerators in my 
home State. I would hope that my colleagues could benefit from the 
experience that Illinois gained from providing special incentives to 
waste incinerators.
  As many of you already know, municipal solid waste consists of 
residential and commercial refuge or garbage and is the largest source 
of waste in industrialized countries. Municipal solid waste is often 
burned as an alternative to placing the waste in landfills. Municipal 
solid waste incinerators burn this waste and, in the process, can 
generate electricity. This process only produces a minimal amount of 
electricity, while the environmental costs are immense. The 
incineration of municipal solid waste releases numerous pollutants into 
the air, including acid gases, toxic heavy metals, dioxins, particulate 
matter, nitric oxide, hydrogen chloride, and furans, to name but a few. 
The EPA has found that municipal solid waste incinerators are the No. 1 
source of dioxin emissions nationwide and are responsible for nearly 20 
percent of the Nation's mercury emissions.
  The release of pollutants from municipal solid waste incinerators can 
lead to a myriad of serious public health problems. The hazardous 
materials emitted by municipal solid waste incinerators are deposited 
in fields, streams, woodlands, and other places. Municipal solid waste 
pollutants are linked to cancer, respiratory ailments, and reproductive 
problems.
  Some contend that incineration can be made clean by removing harmful 
materials from the waste prior to its incineration or by limiting 
emissions by using filters and other pollution-control equipment. But 
regardless of these or other steps taken by municipal solid waste 
incinerator operators, such as scrubbing technologies, to limit the 
pollution, incinerators are still not a clean source of energy.
  Pollution control efforts are largely ineffective because they fail 
to contain 100 percent of these emissions. And even when most of the 
emissions are contained, the resulting ash left over from the 
incineration process must be disposed of as a hazardous waste. If this 
hazardous waste is not disposed of properly, the ash can also cause 
considerable health problems. When fly ash is released into the air, 
people breathe in the small particles which can then sit in their lungs 
and lead to a number of the ailments I have already mentioned.
  My amendment clarifies that the definition of biomass in the energy 
bill should not be construed to provide any special incentives to 
businesses that incinerate municipal solid waste. Eliminating these 
types of waste from the definition of biomass is consistent with the 
definition of biomass provided in the tax portion of the energy bill. 
The tax portion of the energy bill specifically excludes municipal 
solid waste in its biomass definition. If we choose to include 
municipal solid waste incinerators in the definition of biomass, we 
will be advocating for the economic interest of waste incinerator 
operators at the expense of the health of the American people.
  The amendment I am offering seeks to preserve the health of our 
citizens and to keep our environment clean. Excluding municipal solid 
waste from the definition of biomass and renewable energy is the 
environmentally responsible thing to do. It would seem incomprehensible 
to me to grant municipal solid waste incinerators a special incentive 
to increase the burning of municipal solid waste that would spoil the 
environment and put the public's health in jeopardy.
  This is a commonsense amendment that separates municipal solid waste

[[Page 5390]]

incinerators from the other clean and renewable energy sources already 
included in the Daschle substitute amendment. It is consistent with the 
tax provisions and the energy bill's overarching goal of providing 
clean energy and a safe environment for future generations.
  I hope you will join me in voting for this amendment to protect our 
environment and the health of the American people.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Miller). The Senator from Alaska.
  Mr. MURKOWSKI. Mr. President, the amendment proposes to eliminate 
municipal solid waste as a qualifying generator type for the purpose of 
the renewable portfolio standard. I rise to oppose the amendment.
  Specifically, I am opposed to the renewable portfolio standard as a 
matter of policy because I think the cost to consumers is exorbitant, 
some $88 billion over the next 20 years. I also am opposed to the 
pending amendment because consumers are going to pay even more than 
that. By reducing the types of qualifying generators, that will 
increase the cost of renewable credits which will be passed on to 
consumers through, obviously, the only alternative, which is higher 
electric rates.
  I encourage consideration of opposing the amendment.
  The PRESIDING OFFICER. The Senator from New Mexico.
  Mr. BINGAMAN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Ms. CANTWELL. Mr. President, I ask unanimous consent that the pending 
amendment be set aside.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                Amendment No. 3234 To Amendment No. 2917

  Ms. CANTWELL. Mr. President, I send to the desk amendment No. 3234.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Washington [Ms. Cantwell], for herself, 
     Mr. Dayton, Mr. Wellstone, Mr. Feingold, Mrs. Boxer, Mr. 
     Wyden, Mrs. Murray, Ms. Stabenow, and Mr. Jeffords, proposes 
     an amendment numbered 3234 to Amendment No. 2917.

  Ms. CANTWELL. Mr. President, I ask unanimous consent that further 
reading of the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in the Record of Monday, April 22, under 
``Text of Amendments.'')
  Ms. CANTWELL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. REID. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. HARKIN. I would like to say a word about an amendment to the 
energy bill that I filed today and about a couple tax provisions on 
which I have been working. As my colleagues know well, I have long 
sought to promote hydrogen and fuel cells as clean, efficient energy 
technologies that also will enable an economy based on domestic 
renewable energy sources. There are a number of provisions in the 
energy bill that help move us in this direction. I am pleased that the 
bill includes the Hydrogen Future Act I introduced in the Senate to 
reauthorize DOE hydrogen energy programs. The energy tax provisions 
intended for the bill include strong tax credits for both stationary 
fuel cells and fuel cell vehicles, as well as for hydrogen and hydrogen 
fueling appliances.
  However, I believe more Federal action is needed to accelerate the 
commercialization of fuel cell technologies and bring their benefits to 
our country. In particular, the Federal Government needs to take bolder 
action to bring about the introduction of fuel cell passenger vehicles 
and of a hydrogen refueling infrastructure. Thus my amendment would 
create a federal fuel cell vehicle pilot program. In this program the 
Department of Energy would work with other federal agencies to identify 
several Federal fleets that would be suitable for demonstrating fuel 
cell vehicles under a variety of real-world conditions. DOE would help 
install the necessary fueling infrastructure at those sites; this 
infrastructure could also be used for a stationary fuel cell at the 
same location and be made available to other fuel cell vehicles. DOE 
would purchase several hundred fuel cell vehicles, and DOE and the 
companies that make the vehicles would assist the federal fleets to 
operate and maintain these vehicles in normal service. Data would be 
collected both to improve the next generation of vehicles and to assist 
fleet operators in incorporating fuel cell cars, and there would be 
regular reporting to Congress. The amendment also requires at least a 
50 percent cost share from non-federal sources, as in most DOE 
demonstration programs. The total authorization for the program over 
six years would be $350 million.
  This amendment includes a second provision for a study of the 
potential of stationary fuel cells in federal buildings. Even before 
fuel cell vehicles are commercially available, fuel cells have a great 
potential for providing distributed, highly reliable power for 
buildings, as well as heat. This study would look at what should be 
done to incorporate fuel cells into new federal buildings, so that 
planning for the buildings from the first stages can optimize the use 
of fuel cells and so that appropriate incentives can be put in place to 
encourage Federal purchase of stationary fuel cells. Again the Federal 
Government can become a lead consumer to foster commercialization of 
fuel cells and to demonstrate their benefits.
  We also need to build a hydrogen fueling infrastructure. I am working 
with the Finance Committee to make two important changes to the 
excellent alternative fuel provisions that are in their package, in 
order to make the provisions effective for hydrogen fuel. The first 
would extend the credit for installation of hydrogen fueling property 
through 2011. This would simply match the credit for the fuel cell 
vehicles themselves, and recognizes that it will be several years 
before commercial fuel cell vehicles are readily available and there is 
significant demand for hydrogen fuel. The second change would alter the 
definition of refueling property so that not only storage and 
dispensing of hydrogen but also production of hydrogen from natural gas 
and other alternative fuels would be included. This is necessary 
because unlike natural gas, for example, today you can't just pipe in 
the hydrogen to a fueling station. You need to make the hydrogen on-
site, most likely be reforming natural gas. This amendment would 
clarify the definition to be sure that such equipment is covered.
  Finally, on the tax provisions, I hope to extend the tax credit and 
the exemption from the excise tax for biodiesel. Biodiesel is a 
renewable product made from soy beans that can be mixed with diesel 
roughly like ethanol is mixed with gasoline. Its use would cut our use 
of diesel and thus our consumption of petroleum, and also cut 
associated emissions. The tax provisions include a three-year tax 
credit for biodiesel. While this credit could be very helpful to 
establishing a strong biodiesel industry, three years is not enough to 
ensure return on investment in a new biodiesel plant. Both the 
investors and the creditors need a longer planning horizon to be 
confident of a stable market for the biodiesel. Thus I hope we will be 
able to extend this important new incentive in order to maximize its 
effectiveness.
  With these provisions, and many others in the bill and the tax 
package, I look forward to a bright, clean, domestic, renewable energy 
future.

                          ____________________