[House Report 108-69]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-69

======================================================================
 
    PROVIDING FOR CONSIDERATION OF H.R. 6, ENERGY POLICY ACT OF 2003

                                _______
                                

   April 10 (legislative day, April 9), 2003.--Referred to the House 
                   Calendar and ordered to be printed

                                _______
                                

Mr. Hastings of Washington, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                       [To accompany H. Res. 189]

    The Committee on Rules, having had under consideration 
House Resolution 189, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 6, the 
Energy Policy Act of 2003, under a structured rule. The rule 
provides one hour and 30 minutes of general debate with 30 
minutes equally divided and controlled by the chairman and 
ranking minority member of the Committee on Energy and Commerce 
and 20 minutes equally divided and controlled by the chairmen 
and ranking minority members of each of the following 
Committees: Science, Resources, and Ways and Means. The rule 
waives all points of order against consideration of the bill.
    The rule makes in order only those amendments printed in 
this report, and provides that those amendments may be offered 
only in the order printed in this report, may be offered only 
by a Member designated in this report, shall be considered as 
read, shall be debatable for the time specified in this report 
equally divided and controlled by the proponent and an 
opponent, shall not be subject to amendment, and shall not be 
subject to a demand for a division of the question in the House 
or in the Committee of the Whole. The rule waives all points of 
order against the amendments printed in this report. The rule 
also provides one motion to recommit with or without 
instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee Record Vote No. 50

    Date: April 10, 2003 (Legislative Day of April 9, 2003).
    Measure: H.R. 6, the Energy Policy Act of 2003.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the substitute 
amendment offered by Representatives Boehlert and Dingell which 
is identical to the version that passed the House last year. 
Introduces flexibility into the licensing and re-licensing of 
hydroelectric facilities by allowing any party to a licensing 
proceeding to propose alternatives to the resource and fishway 
prescriptions made by the resource agencies. The Secretary must 
accept the alternative, so long as he or she determines it 
provides the same level of protection for resources, fish, and 
wildlife and either costs less to implement or would result in 
more efficient operation of the hydroelectric facility. 
Requires the resources agencies to establish a process to 
expeditiously resolve any disputes involving resource or fish 
or wildlife conditions. Strikes the incentive payment program 
for hydro-power contained in this title.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee Record Vote No. 51

    Date: April 10, 2003 (Legislative Day of April 9, 2003).
    Measure: H.R. 6, the Energy Policy Act of 2003.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order the amendment offered 
by Representative Rahall which amends Title I--Alaska Natural 
Gas Pipeline Project; Title II--Western Area Power 
Administration; Title III--Energy Alternatives and Efficiency 
Regarding Federal Lands; Title IV--Establishment of Indian 
Energy Programs; Title V--Insular Areas Energy Security; Title 
VI--Sensible Development of Renewable Energy Resources of the 
Outer Continental Shelf; Title VII--Surface Owner Property 
Rights and Protection; Title VIII--Royalty Fairness; Title IX--
Reclamation of Abandoned Coal Mine Sites; Title X--Land and 
Water Conservation Fund Enhancement; and Title XI--Coastal 
Withdrawals. This amendment is identical to the substitute 
offered by Mr. Rahall to the Committee Print at the Resources 
Committee's markup on April 2, 2003.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee Record Vote No. 52

    Date: April 10, 2003 (Legislative Day of April 9, 2003).
    Measure: H.R. 6, the Energy Policy Act of 2003.
    Motion by: Mr. McGovern.
    Summary of motion: To make in order the amendment by 
Representative Waxman which requires the Administration to take 
voluntary, regulatory, and other actions to reduce oil demand 
in the United States by 600,000 barrels per day from projected 
levels by 2010. Does not per se mandate changes to C.A.F.E. 
standards.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

Rules Committee Record Vote No. 53

    Date: April 10, 2003 (Legislative Day of April 9, 2003).
    Measure: H.R. 6, the Energy Policy Act of 2003.
    Motion by: Mr. Hastings of Florida.
    Summary of motion: To make in order the amendment offered 
by Representative Hastings of Florida which directs the 
Secretary of Energy to take all necessary steps and efforts to 
mitigate any adverse impacts that U.S. energy policy and 
provisions of H.R. 6 may have on minority, rural, Native 
American, and underserved communities. Requires the Secretary 
of Energy to submit to Congress an annual report detailing the 
Department's efforts to implement this requirement.
    Results: Defeated 3 to 9.
    Vote by Members: Goss--Nay; Linder--Nay; Pryce--Nay; Diaz-
Balart--Nay; Hastings (WA)--Nay; Myrick--Nay; Sessions--Nay; 
Reynolds--Nay; Frost--Yea; McGovern--Yea; Hastings (FL)--Yea; 
Dreier--Nay.

           SUMMARY OF AMENDMENTS MADE IN ORDER UNDER THE RULE

    1. Boehlert/Markey: Requires the Department of 
Transportation to promulgate rules to ensure that the total 
amount of oil cars and light trucks will consume in the year 
2010 will be 5% less than the total amount they would otherwise 
consume if the average fuel economy standards were to remain at 
2004 levels. (30 minutes)
    2. Dingell: Substitute Amendment on Electricity. Provides 
FERC broad anti-fraud authority, for both electricity and 
natural gas markets. Establishes audit trail requirements to 
improve FERC's ability to conduct investigations and take 
enforcement actions. Provides for greater transparency, by 
requiring reporting of information about transactions or 
quotations involving sales or transmissions of electricity or 
gas. Increases penalties for civil and criminal offenses to 
levels in the Sarbanes-Oxley Act of 2002. Requires FERC to 
issue rules to prevent affiliate abuse, authorizes FERC to 
refund electricity overcharges back to the date they commenced, 
and requires FERC to reform its policy on ``market-based'' 
electricity rates. Directs SEC to review PUHCA exemptions. (30 
minutes)
    3. Wilson (NM): Limits the surface area covered by 
production and support facilities on the Alaska Coastal Plain 
to 2,000 acres or less. (20 minutes)
    4. Peterson (PA): Makes available to the Low-Income Home 
Energy Assistance Program $2.1 billion in bonus bids expected 
if the Arctic National Wildlife Refuge is made available for 
energy exploration. (20 minutes)
    5. Markey/Johnson (CT): Preserves current law, which 
prohibits drilling in the Arctic National Wildlife Refuge. (20 
minutes)
    6. Vitter: Expresses the sense of Congress that the United 
States should reduce dependence on foreign energy sources from 
58%, the percentage of oil consumed from foreign sources in 
2002, to 45% within ten years. (10 minutes)
    7. Davis (VA)/Waxman: Clarifies that reports relating to 
federal procurement policy and federal contracting policy 
should be submitted to all relevant Congressional committees, 
including the Government Reform Committee of the House and 
Governmental Affairs Committee of the Senate. Adds a study of 
the energy conservation implications of the widespread adoption 
of telecommuting by federal employees in the United States. 
Adds a study to consider the merits of establishing performance 
measures to guide the reduction of petroleum consumption by 
federal fleets. (20 minutes)
    8. Oberstar/Norton: Authorizes the General Services 
Administrator to establish a photovoltaic solar energy 
commercialization program for the procurement and installation 
of photovoltaic solar energy systems for electric production in 
new and existing public buildings. Authorizes $262.7 million 
for each fiscal year from 2004 to 2008. (20 minutes)
    9. Brown (OH): Adds a new section authorizing a Gasoline 
Availability Stabilization (GAS) Reserve program modeled on the 
Strategic Petroleum Reserve (SPR) and administered by DoE. 
Requires establishment of 3 GAS Reserves within 2 years of 
enactment: 1 in California; 1 in the Midwest, and 1 in the 
Northeast. Allows the Secretary to create 2 additional GAS 
Reserves anywhere in the country, at any time during the 
program's 6-year authorization. Authorizes emergency sales from 
a GAS Reserve only in response to a physical disruption (like a 
refinery fire or a pipeline outage) in the supply of gasoline 
to a State, and then only when the State's Governor requests 
assistance and the Secretary concurs, based in part on 
consideration of the effect of GAS Reserve sales on the 
region's gas market. Authorizes maintenance transactions with 
safeguards to prevent price inflation and ensure product 
freshness. Authorizes such sums to build and run the GAS 
Reserve. (20 minutes)
    10. Udall (NM): Strikes section 14029, eliminating the $10M 
payment for 3 years to improve leaching uranium mining 
techniques. (20 minutes)
    11. Nadler: Adds to the Highly Enriched Uranium Diversion 
Study Threat Report (required by section 14032), a new section 
on the benefits of accelerating the purchase of excess weapons 
grade plutonium and uranium from Russia to reduce the 
likelihood that such plutonium and uranium could be stolen or 
sold to terrorists. (10 minutes)
    12. Reynolds/Houghton: Requires the Secretary of Energy to 
develop a plan for the transfer of the Western New York Service 
Center in West Valley, New York, to the federal government, and 
requires that the plan be transmitted to Congress by December 
31, 2003. (20 minutes)
    13. Barrett: Requires the Secretary of Energy to conduct a 
study to determine the feasibility of developing commercial 
nuclear energy production facilities at existing Department of 
Energy sites. (10 minutes)
    14. Blumenauer: Establishes within the Department of 
Transportation a Conserve by Bicycling pilot program. Instructs 
the Secretary of Transportation to report to Congress on the 
results of the pilot program within two years of 
implementation. (10 minutes)
    15. Ryan (WI): Begins the reduction in the number of 
boutique fuels by establishing two fuels for states to select 
when writing their plans to control air pollution to be 
submitted for EPA approval. Establishes two preferred options 
for gasoline: a clean-burning gasoline (6.8 Reid Vapor 
Pressure) and a low Reid Vapor Pressure gasoline (7.8 RVP). 
Provides statutory preference to a State Implementation Plan 
that selects one of the identified fuels. (20 minutes)
    16. Schakowsky: Expresses the sense of Congress that the 
Department of Energy should develop and implement more 
stringent inventory and procurement controls, including 
controls on the purchase card program. (10 minutes)
    17. Wu: Requires the Secretary of Energy to make to 
Congress a biennial report detailing the department's equal 
employment opportunity practices. (10 minutes)
    18. Capps/Miller (FL)/Davis (FL): Strikes section 30220 
relating to protections for sensitive coastal areas. (20 
minutes)
    19. Kind: Strikes Title II of Division C, relating to oil 
and gas development provisions. (20 minutes)
    20. Rahall: Strikes Title VII of Division C (Federal Coal 
Leasing). Title VII would repeal the existing 160-acre 
limitation for lease modifications. (20 minutes)
    21. Thomas: Strikes section 42011 relating to the 
prepayment of premium liability for coal industry health 
benefits. (10 minutes)
    22. Reynolds/Rogers (MI): Expresses Sense of Congress 
encouraging the Great Lakes States to continue their 
prohibitions on Great Lakes off-shore oil and gas drilling. (10 
minutes)

             TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE

1. An Amendment To Be Offered by Representative Boehlert of New York or 
                 His Designee, Debatable for 30 Minutes

  In division A, at the end of title VIII add the following:

SEC. ____. AVERAGE FUEL ECONOMY STANDARDS.

  (a) In General.--Section 32902 of title 49, United States 
Code, is amended by redesignating subsections (i) and (j) in 
order as subsections (j) and (k), and by inserting after 
subsection (h) the following:
  ``(i) Standards For Model Years After 2004.--The Secretary of 
Transportation shall prescribe by regulation average fuel 
economy standards for automobiles manufactured by a 
manufacturer in model years after model year 2004, that ensure 
that the total amount of oil required for fuel for use by 
automobiles in the United States in 2010 and each year 
thereafter is at least 5 percent less than the total amount of 
oil that would be required for fuel for such use if the average 
fuel economy standards remained at the same level as in 
2004.''.
  (b) Conforming Amendments.--Such section is further amended--
          (1) in subsection (c)(1) in the first sentence by 
        inserting ``and subsection (i)'' after ``of this 
        subsection''; and
          (2) in subsection (k) (as redesignated by subsection 
        (a)) by striking ``or (g)'' and inserting ``(g), or 
        (i)''.
                              ----------                              


2. An Amendment To Be Offered by Representative Dingell of Michigan or 
                 His Designee, Debatable for 30 Minutes

  Strike title VI of Division A and insert the following:

                       TITLE VI--ELECTRIC ENERGY

SEC. 601. FRAUDULENT OR MANIPULATIVE PRACTICES.

  (a) Unlawful Acts.--It shall be unlawful for any entity, 
directly or indirectly, by the use of any means or 
instrumentality of interstate commerce or of the mails to use 
or employ, in the transmission of electric energy in interstate 
commerce, the sale of electric energy at wholesale in 
interstate commerce, the transportation of natural gas in 
interstate commerce, or the sale in interstate commerce of 
natural gas for resale for ultimate public consumption for 
domestic, commercial, industrial, or any other use, any 
fraudulent, manipulative, or deceptive device or contrivance in 
contravention of such rules and regulations as the Federal 
Energy Regulatory Commission may prescribe as necessary or 
appropriate in the public interest.
  (b) Application of Federal Power Act to This Act.--The 
provisions of section 307 through 309 and 313 through 317 of 
the Federal Power Act shall apply to violations of section 601 
of this Act in the same manner and to the same extent as such 
provisions apply to entities subject to Part II of the Federal 
Power Act.

SEC. 602. RULEMAKING ON EXEMPTIONS, WAIVERS, ETC. UNDER FEDERAL POWER 
                    ACT.

  Part III of the Federal Power Act is amended by inserting the 
following new section after section 319 and by redesignating 
sections 320 and 321 as sections 321 and 322, respectively:

``SEC. 320. CRITERIA FOR CERTAIN EXEMPTIONS, WAIVERS, ETC.

  ``(a) Rule Required for Certain Waivers, Exemptions, etc.-- 
Not later than 6 months after the enactment of this Act, the 
Commission shall promulgate a rule establishing specific 
criteria for providing an exemption, waiver, or other reduced 
or abbreviated form of compliance with the requirements of 
sections 204, 301, 304, and 305 (including any prospective 
blanket order). Such criteria shall be sufficient to insure 
that any such action taken by the Commission will be consistent 
with the purposes of such requirements and will otherwise 
protect the public interest.
  ``(b) Moratorium on Certain Waivers, Exemptions, etc.--After 
the date of enactment of this section, the Commission may not 
issue, adopt, order, approve, or promulgate any exemption, 
waiver, or other reduced or abbreviated form of compliance with 
the requirements of section 204, 301, 304, or 305 (including 
any prospective blanket order) until after the rule promulgated 
under subsection (a) has taken effect.
  ``(c) Previous FERC Action.--The Commission shall undertake a 
review, by rule or order, of each exemption, waiver, or other 
reduced or abbreviated form of compliance described in 
subsection (a) that was taken before the date of enactment of 
this section. No such action may continue in force and effect 
after the date 18 months after the date of enactment of this 
section unless the Commission finds that such action complies 
with the rule under subsection (a).
  ``(d) Exemption Under 204(f) Not Applicable.--For purposes of 
this section, in applying section 204, the provisions of 
section 204(f) shall not apply.''.

SEC. 603. REPORTING REQUIREMENTS IN ELECTRIC POWER SALES AND 
                    TRANSMISSION.

  (a) Audit Trails.--Section 304 of the Federal Power Act is 
amended by adding the following new subsection at the end 
thereof:
  ``(c)(1) The Commission shall, by rule or order, require each 
person or other entity engaged in the transmission of electric 
energy in interstate commerce or the sale of electric energy at 
wholesale in interstate commerce, and each broker, dealer, and 
power marketer involved in any such transmission or sale, to 
maintain, and periodically submit to the Commission, such 
records, in electronic form, of each transaction relating to 
such transmission or sale as may be necessary to determine 
whether any person has employed any fraudulent, manipulative, 
or deceptive device or contrivance in contravention of rules 
promulgated by the Commission.
  ``(2) Section 201(f) shall not limit the application of this 
subsection.''.
  (b) Natural Gas.--Section 8 of the Natural Gas Act is amended 
by adding the following new subsection at the end thereof:
  ``(d) The Commission shall, by rule or order, require each 
person or other entity engaged in the transportation of natural 
gas in interstate commerce, or the sale in interstate commerce 
of natural gas for resale for ultimate public consumption for 
domestic, commercial, industrial, or any other use, and each 
broker, dealer, and power marketer involved in any such 
transportation or sale, to maintain, and periodically submit to 
the Commission, such records, in electronic form, of each 
transaction relating to such transmission or sale as may be 
necessary to determine whether any person has employed any 
fraudulent, manipulative, or deceptive device or contrivance in 
contravention of rules promulgated by the Commission.''.

SEC. 604. TRANSPARENCY.

  (a) Definition.--As used in this section the term ``electric 
power or natural gas information processor'' means any person 
engaged in the business of--
          (1) collecting, processing, or preparing for 
        distribution or publication, or assisting, 
        participating in, or coordinating the distribution or 
        publication of, information with respect to 
        transactions in or quotations involving the purchase or 
        sale of electric power, natural gas, the transmission 
        of electric energy, or the transportation of natural 
        gas, or
          (2) distributing or publishing (whether by means of a 
        ticker tape, a communications network, a terminal 
        display device, or otherwise) on a current and 
        continuing basis, information with respect to such 
        transactions or quotations.
The term does not include any bona fide newspaper, news 
magazine, or business or financial publication of general and 
regular circulation, any self-regulatory organization, any 
bank, broker, dealer, building and loan, savings and loan, or 
homestead association, or cooperative bank, if such bank, 
broker, dealer, association, or cooperative bank would be 
deemed to be an electric power or natural gas information 
processor solely by reason of functions performed by such 
institutions as part of customary banking, brokerage, dealing, 
association, or cooperative bank activities, or any common 
carrier, as defined in section 3 of the Communications Act of 
1934, subject to the jurisdiction of the Federal Communications 
Commission or a State commission, as defined in section 3 of 
that Act, unless the Commission determines that such carrier is 
engaged in the business of collecting, processing, or preparing 
for distribution or publication, information with respect to 
transactions in or quotations involving the purchase or sale of 
electric power, natural gas, the transmission of electric 
energy, or the transportation of natural gas.
  (b) Prohibition.--No electric power or natural gas 
information processor may make use of the mails or any means or 
instrumentality of interstate commerce--
          (1) to collect, process, distribute, publish, or 
        prepare for distribution or publication any information 
        with respect to quotations for, or transactions 
        involving the purchase or sale of electric power, 
        natural gas, the transmission of electric energy, or 
        the transportation of natural gas, or
          (2) to assist, participate in, or coordinate the 
        distribution or publication of such information in 
        contravention of such rules and regulations as the 
        Federal Energy Regulatory Commission shall prescribe as 
        necessary or appropriate in the public interest to
          (A) prevent the use, distribution, or publication of 
        fraudulent, deceptive, or manipulative information with 
        respect to quotations for and transactions involving 
        the purchase or sale of electric power, natural gas, 
        the transmission of electric energy, or the 
        transportation of natural gas;
          (B) assure the prompt, accurate, reliable, and fair 
        collection, processing, distribution, and publication 
        of information with respect to quotations for and 
        transactions involving the purchase or sale of electric 
        power, natural gas, the transmission of electric 
        energy, or the transportation of natural gas, and the 
        fairness and usefulness of the form and content of such 
        information;
          (C) assure that all such information processors may, 
        for purposes of distribution and publication, obtain on 
        fair and reasonable terms such information with respect 
        to quotations for and transactions involving the 
        purchase or sale of electric power, natural gas, the 
        transmission of electric energy, or the transportation 
        of natural gas as is collected, processed, or prepared 
        for distribution or publication by any exclusive 
        processor of such information acting in such capacity;
          (D) assure that, subject to such limitations as the 
        Commission, by rule, may impose as necessary or 
        appropriate for the maintenance of fair and orderly 
        markets, all persons may obtain on terms which are not 
        unreasonably discriminatory such information with 
        respect to quotations for and transactions involving 
        the purchase or sale of electric power, natural gas, 
        the transmission of electric energy, or the 
        transportation of natural gas as is published or 
        distributed by any electric power or natural gas 
        information processor;
          (E) assure that all electricity and natural gas 
        electronic communication networks transmit and direct 
        orders for the purchase and sale of electricity or 
        natural gas in a manner consistent with the 
        establishment and operation of an efficient, fair, and 
        orderly market system for electricity and natural gas; 
        and
          (F) assure equal regulation of all markets involving 
        the purchase or sale of electric power, natural gas, 
        the transmission of electric energy, or the 
        transportation of natural gas and all persons effecting 
        transactions involving the purchase or sale of electric 
        power, natural gas, the transmission of electric 
        energy, or the transportation of natural gas.
  (c) Related Commodities.--For purposes of this section, the 
phrase ``purchase or sale of electric power, natural gas, the 
transmission of electric energy, or the transportation of 
natural gas'' includes the purchase or sale of any commodity 
(as defined in the Commodities Exchange Act) relating to any 
such purchase or sale if such commodity is excluded from 
regulation under the Commodities Exchange Act pursuant to 
section 2 of that Act.
  (d) Prohibition.--No person who owns, controls, or is under 
the control or ownership of a public utility, a natural gas 
company, or a public utility holding company may own, control, 
or operate any electronic computer network or other mulitateral 
trading facility utilized to trade electricity or natural gas.

SEC. 605. PENALTIES.

  (a) Criminal Penalties.--Section 316 of the Federal Power Act 
(16 U.S.C. 825o(c)) is amended as follows:
          (1) By striking ``$5,000'' in subsection (a) and 
        inserting ``$5,000,000 for an individual and 
        $25,000,000 for any other defendant''
          (2) By striking ``$500'' in subsection (b) and 
        inserting ``$1,000,000''.
          (2) By striking subsection (c).
  (b) Civil Penalties.--Section 316A of the Federal Power Act 
(16 U.S.C. 825o-1) is amended as follows:
          (1) By striking ``section 211, 212, 213, or 214'' 
        each place it appears and inserting ``Part II''.
          (2) By striking ``$10,000 for each day that such 
        violation continues'' and inserting ``the greater of 
        $1,000,000 or three times the profit made or gain or 
        loss avoided by reason of such violation''.
          (3) By adding the following at the end thereof:
  ``(c) Authority of a Court To Prohibit Persons From Certain 
Activities.--In any proceeding under this section, the court 
may censure, place limitations on the activities, functions, or 
operations of, suspend or revoke the ability of any entity 
(without regard to section 201(f)) to participate in the 
transmission of electric energy in interstate commerce or the 
sale of electric energy at wholesale in interstate commerce if 
it finds that such censure, placing of limitations, suspension, 
or revocation is in the public interest and that one or more of 
the following applies to such entity:
          ``(1) Such entity has willfully made or caused to be 
        made in any application or report required to be filed 
        with the Commission or with any other appropriate 
        regulatory agency, or in any proceeding before the 
        Commission, any statement which was at the time and in 
        the light of the circumstances under which it was made 
        false or misleading with respect to any material fact, 
        or has omitted to state in any such application or 
        report any material fact which is required to be stated 
        therein.
          ``(2) Such entity has been convicted of any felony or 
        misdemeanor or of a substantially equivalent crime by a 
        foreign court of competent jurisdiction which the court 
        finds--
                  ``(A) involves the purchase or sale of 
                electricity, the taking of a false oath, the 
                making of a false report, bribery, perjury, 
                burglary, any substantially equivalent activity 
                however denominated by the laws of the relevant 
                foreign government, or conspiracy to commit any 
                such offense;
                  ``(B) arises out of the conduct of the 
                business of transmitting electric energy in 
                interstate commerce or selling or purchasing 
                electric energy at wholesale in interstate 
                commerce;
                  ``(C) involves the larceny, theft, robbery, 
                extortion, forgery, counterfeiting, fraudulent 
                concealment, embezzlement, fraudulent 
                conversion, or misappropriation of funds, or 
                securities, or substantially equivalent 
                activity however denominated by the laws of the 
                relevant foreign government; or
                  ``(D) involves the violation of section 152, 
                1341, 1342, or 1343 or chapter 25 or 47 of 
                title 18, United States Code, or a violation of 
                a substantially equivalent foreign statute.
          ``(3) Such entity is permanently or temporarily 
        enjoined by order, judgment, or decree of any court of 
        competent jurisdiction from acting as an investment 
        adviser, underwriter, broker, dealer, municipal 
        securities dealer, government securities broker, 
        government securities dealer, transfer agent, foreign 
        person performing a function substantially equivalent 
        to any of the above, or entity or person required to be 
        registered under the Commodity Exchange Act or any 
        substantially equivalent foreign statute or regulation, 
        or as an affiliated person or employee of any 
        investment company, bank, insurance company, foreign 
        entity substantially equivalent to any of the above, or 
        entity or person required to be registered under the 
        Commodity Exchange Act or any substantially equivalent 
        foreign statute or regulation, or from engaging in or 
        continuing any conduct or practice in connection with 
        any such activity, or in connection with the purchase 
        or sale of any security.
          ``(4) Such entity has willfully violated any 
        provision of this Act.
          ``(5) Such entity has willfully aided, abetted, 
        counseled, commanded, induced, or procured the 
        violation by any other person of any provision of this 
        Act, or has failed reasonably to supervise, with a view 
        to preventing violations of the provisions of this Act, 
        another person who commits such a violation, if such 
        other person is subject to his supervision. For the 
        purposes of this paragraph no person shall be deemed to 
        have failed reasonably to supervise any other person, 
        if--
                  ``(A) there have been established procedures, 
                and a system for applying such procedures, 
                which would reasonably be expected to prevent 
                and detect, insofar as practicable, any such 
                violation by such other person, and
                  ``(B) such person has reasonably discharged 
                the duties and obligations incumbent upon him 
                by reason of such procedures and system without 
                reasonable cause to believe that such 
                procedures and system were not being complied 
                with.
          ``(6) Such entity has been found by a foreign 
        financial or energy regulatory authority to have--
                  ``(A) made or caused to be made in any 
                application or report required to be filed with 
                a foreign regulatory authority, or in any 
                proceeding before a foreign financial or energy 
                regulatory authority, any statement that was at 
                the time and in the light of the circumstances 
                under which it was made false or misleading 
                with respect to any material fact, or has 
                omitted to state in any application or report 
                to the foreign regulatory authority any 
                material fact that is required to be stated 
                therein;
                  ``(B) violated any foreign statute or 
                regulation regarding the transmission or sale 
                of electricity or natural gas;
                  ``(C) aided, abetted, counseled, commanded, 
                induced, or procured the violation by any 
                person of any provision of any statutory 
                provisions enacted by a foreign government, or 
                rules or regulations thereunder, empowering a 
                foreign regulatory authority regarding 
                transactions in electricity or natural gas, or 
                contracts of sale of electricity or natural 
                gas, traded on or subject to the rules of a 
                contract market or any board of trade, or has 
                been found, by a foreign regulatory authority, 
                to have failedreasonably to supervise, with a 
view to preventing violations of such statutory provisions, rules, and 
regulations, another person who commits such a violation, if such other 
person is subject to his supervision.
          ``(7) Such entity is subject to any final order of a 
        State commission (or any agency or officer performing 
        like functions), State authority that supervises or 
        examines banks, savings associations, or credit unions, 
        State insurance commission (or any agency or office 
        performing like functions), an appropriate Federal 
        banking agency (as defined in section 3 of the Federal 
        Deposit Insurance Act (12 U.S.C. 1813(q))), or the 
        National Credit Union Administration, that--
                  ``(A) bars such person from association with 
                an entity regulated by such commission, 
                authority, agency, or officer, or from engaging 
                in the business of securities, insurance, 
                banking, savings association activities, or 
                credit union activities; or
                  ``(B) constitutes a final order based on 
                violations of any laws or regulations that 
                prohibit fraudulent, manipulative, or deceptive 
                conduct.
          (8) Such entity is subject to statutory 
        disqualification within the meaning of section 3(a)(39) 
        of the Securities Exchange Act of 1934.''.
  (c) Natural Gas Act Penalties.--Section 21 of the Natural Gas 
Act is amended by adding the following new subsection at the 
end thereof:
  ``(c) Authority of a Court To Prohibit Persons From Certain 
Activities.--In any proceeding under this section, the court 
may censure, place limitations on the activities, functions, or 
operations of, suspend or revoke the ability of any entity 
(without regard to section 201(f)) to participate in the 
transportation of natural gas in interstate commerce, or the 
sale in interstate commerce of natural gas for resale for 
ultimate public consumption for domestic, commercial, 
industrial, or any other use if it finds that such censure, 
placing of limitations, suspension, or revocation is in the 
public interest and that one or more of the following applies 
to such entity:
          ``(1) Such entity has willfully made or caused to be 
        made in any application or report required to be filed 
        with the Commission or with any other appropriate 
        regulatory agency, or in any proceeding before the 
        Commission, any statement which was at the time and in 
        the light of the circumstances under which it was made 
        false or misleading with respect to any material fact, 
        or has omitted to state in any such application or 
        report any material fact which is required to be stated 
        therein.
          ``(2) Such entity has been convicted of any felony or 
        misdemeanor or of a substantially equivalent crime by a 
        foreign court of competent jurisdiction which the court 
        finds--
                  ``(A) involves the purchase or sale of 
                natural gas, the taking of a false oath, the 
                making of a false report, bribery, perjury, 
                burglary, any substantially equivalent activity 
                however denominated by the laws of the relevant 
                foreign government, or conspiracy to commit any 
                such offense;
                  ``(B) arises out of the conduct of the 
                business of transmitting natural gas in 
                interstate commerce, or the selling in 
                interstate commerce of natural gas for resale 
                for ultimate public consumption for domestic, 
                commercial, industrial, or any other use;
                  ``(C) involves the larceny, theft, robbery, 
                extortion, forgery, counterfeiting, fraudulent 
                concealment, embezzlement, fraudulent 
                conversion, or misappropriation of funds, or 
                securities, or substantially equivalent 
                activity however denominated by the laws of the 
                relevant foreign government; or
                  ``(D) involves the violation of section 152, 
                1341, 1342, or 1343 or chapter 25 or 47 of 
                title 18, United States Code, or a violation of 
                a substantially equivalent foreign statute.
          ``(3) Such entity is permanently or temporarily 
        enjoined by order, judgment, or decree of any court of 
        competent jurisdiction from acting as an investment 
        adviser, underwriter, broker, dealer, municipal 
        securities dealer, government securities broker, 
        government securities dealer, transfer agent, foreign 
        person performing a function substantially equivalent 
        to any of the above, or entity or person required to be 
        registered under the Commodity Exchange Act or any 
        substantially equivalent foreign statute or regulation, 
        or as an affiliated person or employee of any 
        investment company, bank, insurance company, foreign 
        entity substantially equivalent to any of the above, or 
        entity or person required to be registered under the 
        Commodity Exchange Act or any substantially equivalent 
        foreign statute or regulation, or from engaging in or 
        continuing any conduct or practice in connection with 
        any such activity, or in connection with the purchase 
        or sale of any security.
          ``(4) Such entity has willfully violated any 
        provision of this Act.
          ``(5) Such entity has willfully aided, abetted, 
        counseled, commanded, induced, or procured the 
        violation by any other person of any provision of this 
        Act, or has failed reasonably to supervise, with a view 
        to preventing violations of the provisions of this Act, 
        another person who commits such a violation, if such 
        other person is subject to his supervision. For the 
        purposes of this paragraph no person shall be deemed to 
        have failed reasonably to supervise any other person, 
        if--
                  ``(A) there have been established procedures, 
                and a system for applying such procedures, 
                which would reasonably be expected to prevent 
                and detect, insofar as practicable, any such 
                violation by such other person, and
                  ``(B) such person has reasonably discharged 
                the duties and obligations incumbent upon him 
                by reason of such procedures and system without 
                reasonable cause to believe that such 
                procedures and system were not being complied 
                with.
          ``(6) Such entity has been found by a foreign 
        financial or energy regulatory authority to have--
                  ``(A) made or caused to be made in any 
                application or report required to be filed with 
                a foreign regulatory authority, or in any 
                proceeding before a foreign financial or energy 
                regulatory authority, any statement that was at 
                the time and in the light of the circumstances 
                under which it was made false or misleading 
                with respect to any material fact, or has 
                omitted to state in any application or report 
                to the foreign regulatory authority any 
                material fact that is required to be stated 
                therein;
                  ``(B) violated any foreign statute or 
                regulation regarding the transmission or sale 
                of electricity or natural gas;
                  ``(C) aided, abetted, counseled, commanded, 
                induced, or procured the violation by any 
                person of any provision of any statutory 
                provisions enacted by a foreign government, or 
                rules or regulations thereunder, empowering a 
                foreign regulatory authority regarding 
                transactions in electricity or natural gas, or 
                contracts of sale of electricity or natural 
                gas, traded on or subject to the rules of a 
                contract market or any board of trade, or has 
                been found, by a foreign regulatory authority, 
                to have failed reasonably to supervise, with a 
                view to preventing violations of such statutory 
                provisions, rules, and regulations, another 
                person who commits such a violation, if such 
                other person is subject to his supervision.
          ``(7) Such entity is subject to any final order of a 
        State commission (or any agency or officer performing 
        like functions), State authority that supervises or 
        examines banks, savings associations, or credit unions, 
        State insurance commission (or any agency or office 
        performing like functions), an appropriate Federal 
        banking agency (as defined in section 3 of the Federal 
        Deposit Insurance Act (12 U.S.C. 1813(q))), or the 
        National Credit Union Administration, that--
                  ``(A) bars such person from association with 
                an entity regulated by such commission, 
                authority, agency, or officer, or from engaging 
                in the business of securities, insurance, 
                banking, savings association activities, or 
                credit union activities; or
                  ``(B) constitutes a final order based on 
                violations of any laws or regulations that 
                prohibit fraudulent, manipulative, or deceptive 
                conduct.
          ``(8) Such entity is subject to statutory 
        disqualification within the meaning of section 3(a)(39) 
        of the Securities Exchange Act of 1934.''.

SEC. 606. REVIEW OF PUHCA EXEMPTIONS.

  Not later than 12 months after the enactment of this Act the 
Securities and Exchange Commission shall review each exemption 
granted to any person under section 3(a) of the Public Utility 
Holding Company Act of 1935 and shall review the action of 
persons operating pursuant to a claim of exempt status under 
section 3 to determine if such exemptions and claims are 
consistent with the requirements of such section 3(a) and 
whether or not such exemptions or claims of exemption should 
continue in force and effect.

SEC. 607. REVIEW OF ACCOUNTING FOR CONTRACTS INVOLVED IN ENERGY 
                    TRADING.

  Not later than 12 months after the enactment of this Act, the 
Financial Accounting Standards Board shall submit to the 
Congress a report of the results of its review of accounting 
for contracts in energy trading and risk management activities. 
The review and report shall include, among other issues, the 
use of mark-to-market accounting and when gains and losses 
should be recognized, with a view toward improving the 
transparency of energy trading activities for the benefit of 
investors, consumers, and the integrity of these markets.

SEC. 608. PROTECTION OF FERC REGULATED SUBSIDIARIES.

  Section 205 of the Federal Power Act is amended by adding 
after subsection (f) the following new subsection:
  ``(g) Rules and Procedures To Protect Consumers of Public 
Utilities.--Not later than 9 months after the date of enactment 
of this Act, the Commission shall adopt rules and procedures 
for the protection of electric consumers from self-dealing, 
interaffiliate abuse, and other harmful actions taken by 
persons owning or controlling public utilities. Such rules 
shall ensure that no asset of a public utility company shall be 
used as collateral for indebtedness incurred by the holding 
company of, and any affiliate of, such public utility company, 
and no public utility shall acquire or own any securities of 
the holding company or other affiliates of the holding company 
unless the Commission has determined that such acquisition or 
ownership is consistent with the public interest and the 
protection of consumers of such public utility.''.

SEC. 609. REFUNDS UNDER THE FEDERAL POWER ACT.

  Section 206(b) of the Federal Power Act is amended as 
follows:
          (1) By amending the first sentence to read as 
        follows: ``In any proceeding under this section, the 
        refund effective date shall be the date of the filing 
        of a complaint or the date of the Commission motion 
        initiating the proceeding, except that in the case of a 
        complaint with regard to market-based rates, the 
        Commission may establish an earlier refund effective 
        date.''.
          (2) By striking the second and third sentences.
          (3) By striking out ``the refund effective date or 
        by'' and ``, whichever is earlier,'' in the fifth 
        sentence.
          (4) In the seventh sentence by striking ``through a 
        date fifteen months after such refund effective date'' 
        and insert ``and prior to the conclusion of the 
        proceeding'' and by striking the proviso.

SEC. 610. ACCOUNTS AND REPORTS.

  Section 318 of the Federal Power Act is amended by adding the 
following at the end thereof: ``This section shall not apply to 
sections 301 and 304 of this Act.''.

SEC. 611. MARKET-BASED RATES.

  Section 205 of the Federal Power Act is amended by adding the 
following new subsection at the end thereof:
  ``(g) For each public utility granted the authority by the 
Commission to sell electric energy at market-based rates, the 
Commission shall review the activities and characteristics of 
such utility not less frequently than annually to determine 
whether such rates are just and reasonable. Each such utility 
shall notify the Commission promptly of any change in the 
activities and characteristics relied upon by the Commission in 
granting such public utility the authority to sell electric 
energy at market-based rates. If the Commission finds that:
          ``(1) a rate charged by a public utility authorized 
        to sell electric energy at market-based rates is 
        unjust, unreasonable, unduly discriminatory or 
        preferential,
          ``(2) the public utility has intentionally engaged in 
        an activity that violates any other rule, tariff, or 
        order of the Commission, or
          ``(3) any violation of section 101 of the Energy 
        Markets Fraud Prevention and Consumer Protection Act of 
        2002,
the Commission shall issue an order immediately modifying or 
revoking the authority of that public utility to sell electric 
energy at market-based rates.''.
                              ----------                              


3. An Amendment To Be Offered by Representative Wilson of New Mexico or 
                 Her Designee, Debatable for 20 Minutes

  In division C, in section 30407(a), strike ``and'' after the 
semicolon at the end of paragraph (1), strike the period at the 
end of paragraph (2) and insert ``; and'', and add at the end 
the following:
          (3) ensure that the maximum amount of surface acreage 
        covered by production and support facilities, including 
        airstrips and any areas covered by gravel berms or 
        piers for support of pipelines, does not exceed 2,000 
        acres on the Coastal Plain.
                              ----------                              


      4. An Amendment To Be Offered by Representative Peterson of 
         Pennsylvania or His Designee, Debatable for 20 Minutes

  In division C, at the end of section 30409 add the following:
  (c) Use of Bonus Payments for Low-Income Home Energy 
Assistance.--Amounts that are received by the United States as 
bonuses for leases under this title and deposited into the 
Treasury under subsection (a)(2) may be appropriated to the 
Secretary of the Health and Human Services, in addition to 
amounts otherwise available, to provide assistance under the 
Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 
et seq.).
                              ----------                              


5. An Amendment To Be Offered by Representative Markey of Massachusetts 
               or His Designee, Debatable for 20 Minutes

    In division C, strike title IV.
                              ----------                              


6. An Amendment To Be Offered by Representative Vitter of Louisiana or 
                 His Designee, Debatable for 10 Minutes

  After the table of contents, insert the following new 
section:

SEC. 2. ENERGY POLICY.

  It is the sense of the Congress that the United States should 
take all actions necessary in the areas of conservation, 
efficiency, alternative source, technology development, and 
domestic production to reduce the United States dependence on 
foreign energy sources from 58 percent to 45 percent by January 
1, 2013.
                              ----------                              


 7. An Amendment To Be Offered by Representative Davis of Virginia or 
                 His Designee, Debatable for 20 Minutes

  Page 34, starting on line 12 (in section 11006(f)), strike 
``the Committee on Energy and Commerce of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate'' and insert ``Congress''.
  Page 41, line 24 (in the matter proposed to be inserted by 
section 11010(a) as section 6005(c)(3) of the Solid Waste 
Disposal Act), strike ``the Committee'' and all the follows 
through ``Representatives'' on page 42, line 4, and insert 
``Congress''.
  Page 43, before line 5 (at the end of subtitle A of title I 
of division A), insert the following new section (and conform 
the table of contents accordingly):

SEC. 11011. TELECOMMUTING STUDY.

  (a) Study Required.--The Secretary, in consultation with the 
Commission, the Director of the Office of Personnel Management, 
the Administrator of General Services, and the Administrator of 
NTIA, shall conduct a study of the energy conservation 
implications of the widespread adoption of telecommuting by 
Federal employees in the United States.
  (b) Required Subjects of Study.--The study required by 
subsection (a) shall analyze the following subjects in relation 
to the energy saving potential of telecommuting by Federal 
employees:
          (1) Reductions of energy use and energy costs in 
        commuting and regular office heating, cooling, and 
        other operations.
          (2) Other energy reductions accomplished by 
        telecommuting.
          (3) Existing regulatory barriers that hamper 
        telecommuting, including barriers to broadband 
        telecommunications services deployment.
          (4) Collateral benefits to the environment, family 
        life, and other values.
  (c) Report Required.--The Secretary shall submit to the 
President and the Congress a report on the study required by 
this section not later than 6 months after the date of the 
enactment of this Act. Such report shall include a description 
of the results of the analysis of each of the subject described 
in subsection (b).
  (d) Definitions.--As used in this section:
          (1) Secretary.--The term ``Secretary'' means the 
        Secretary of Energy.
          (2) Commission.--The term ``Commission'' means the 
        Federal Communications Commission.
          (3) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration of 
        the Department of Commerce.
          (4) Telecommuting.--The term ``telecommuting'' means 
        the performance of work functions using communications 
        technologies, thereby eliminating or substantially 
        reducing the need to commute to and from traditional 
        worksites.
          (5) Federal employee.--The term ``Federal employee'' 
        has the meaning provided the term ``employee'' by 
        section 2105 of title 5, United States Code.
  Page 182, after line 6 (at the end of subtitle D of title V 
of division A), insert the following new section (and conform 
the table of contents accordingly):

SEC. 15050. STUDY ON REDUCING PETROLEUM CONSUMPTION.

  (a) In General.--The Administrator of General Services, in 
cooperation with the Secretary of Energy, shall conduct a study 
to consider the merits of establishing performance measures to 
guide the reduction of petroleum consumption by Federal fleets.
  (b) Matters To Be Addressed.--The study shall assess the 
feasibility of performance measures--
          (1) to enable agency and congressional decisionmakers 
        to establish annual and long-term performance goals to 
        define the level of petroleum consumption reduction to 
        be achieved by Federal fleets;
          (2) to improve the effectiveness and accountability 
        of Federal efforts to reduce petroleum consumption and 
        dependency;
          (3) to enhance decisionmaking by providing objective 
        information on achieving performance objectives; and
          (4) to provide an alternative to the mandated 
        alternative fueled vehicle requirements in section 303 
        of the Energy Policy Act of 1992 (42 U.S.C. 13212).
  (c) Report.--Not later than 12 months after the date of 
enactment of this Act, the Administrator shall submit to the 
Committees on Environment and Public Works and Governmental 
Affairs of the Senate and the Committees on Energy and Commerce 
and Government Reform of the House of Representatives a report 
on the study.
                              ----------                              


 8. An Amendment To Be Offered by Representative Oberstar of Minnesota 
               or His Designee, Debatable for 20 Minutes

  Page 43, before line 5, insert the following:

SEC. 11011. USE OF PHOTOVOLTAIC ENERGY IN PUBLIC BUILDINGS.

  (a) In General.--Subchapter VI of chapter 31 of title 40, 
United States Code, is amended by adding at the end the 
following:

``Sec. 3177. Use of photovoltaic energy in public buildings

  ``(a) Photovoltaic Energy Commercialization Program.--
          ``(1) In general.--The Administrator of General 
        Services may establish a photovoltaic energy 
        commercialization program for the procurement and 
        installation of photovoltaic solar electric systems for 
        electric production in new and existing public 
        buildings.
          ``(2) Purposes.--The purposes of the program shall be 
        to accomplish the following:
                  ``(A) To accelerate the growth of a 
                commercially viable photovoltaic industry to 
                make this energy system available to the 
                general public as an option which can reduce 
                the national consumption of fossil fuel.
                  ``(B) To reduce the fossil fuel consumption 
                and costs of the Federal Government.
                  ``(C) To attain the goal of installing solar 
                energy systems in 20,000 Federal buildings by 
                2010, as contained in the Federal Government's 
                Million Solar Roof Initiative of 1997.
                  ``(D) To stimulate the general use within the 
                Federal Government of life-cycle costing and 
                innovative procurement methods.
                  ``(E) To develop program performance data to 
                support policy decisions on future incentive 
                programs with respect to energy.
          ``(3) Acquisition of photovoltaic solar electric 
        systems.--
                  ``(A) In general.--The program shall provide 
                for the acquisition of photovoltaic solar 
                electric systems and associated storage 
                capability for use in public buildings.
                  ``(B) Acquisition levels.--The acquisition of 
                photovoltaic electric systems shall be at a 
                level substantial enough to allow use of low-
                cost production techniques with at least 150 
                megawatts (peak) cumulative acquired during the 
                5 years of the program.
          ``(4) Administration.--The Administrator shall 
        administer the program and shall--
                  ``(A) prescribe such rules and regulations as 
                may be appropriate to monitor and assess the 
                performance and operation of photovoltaic solar 
                electric systems installed pursuant to this 
                subsection;
                  ``(B) develop innovative procurement 
                strategies for the acquisition of such systems; 
                and
                  ``(C) transmit to the Committee on 
                Transportation and Infrastructure of the House 
                of Representatives and to the Committee on 
                Environment and Public Works of the Senate an 
                annual report on the results of the program.
  ``(b) Photovoltaic Systems Evaluation Program.--
          ``(1) In general.--Not later than 60 days after the 
        date of enactment of this section, the Administrator, 
        in consultation with the Secretary of Energy, shall 
        establish a photovoltaic solar energy systems 
        evaluation program to evaluate such photovoltaic solar 
        energy systems as are required in public buildings.
          ``(2) Program requirement.--In evaluating 
        photovoltaic solar energy systems under the program, 
        the Administrator shall ensure that such systems 
        reflect the most advanced technology.
  ``(c) Authorization of Appropriations.--
          ``(1) Photovoltaic energy commercialization 
        program.--There is authorized to be appropriated to 
        carry out subsection (a) $210,000,000 for each of 
        fiscal years 2004 through 2008. Such sums shall remain 
        available until expended.
          ``(2) Photovoltaic systems evaluation program.--There 
        is authorized to be appropriated to carry out 
        subsection (b) $52,700,000 for each of fiscal years 
        2004 through 2008. Such sums shall remain available 
        until expended.''.
  (b) Conforming Amendment.--The analysis for such chapter is 
amended by inserting after the item relating to section 3176 
the following:Q

``3177. Use of photovoltaic energy in public buildings''.
                    ____________________________________________________

 9. An Amendment To Be Offered by Representative Brown of Ohio or His 
                   Designee, Debatable for 20 Minutes

  At the end of subtitle E of title II of division A, insert 
the following new section:

SEC. 12405. GASOLINE AVAILABILITY STABILIZATION RESERVE.

  (a) Establishment.--
          (1) Authority.--The Secretary shall establish a 
        Gasoline Availability Stabilization Reserve (in this 
        section referred to as the ``GAS Reserve'') system with 
        a total capacity of 20,000,000 barrels of regular 
        unleaded gasoline.
          (2) Reserve sites.--Not later than 1 year after the 
        date of enactment of this Act, the Secretary shall 
        determine a site for one GAS Reserve each in the 
        Northeast and Midwest regions of the United States, and 
        one in California. Such reserve sites shall be 
        operational within 2 years after the date of enactment 
        of this Act. The Secretary may establish two additional 
        GAS Reserve sites at locations selected by the 
        Secretary.
          (3) Security.--In establishing the GAS Reserve under 
        this section, the Secretary shall obtain the 
        concurrence of the Secretary of Homeland Security with 
        respect to physical design security and operational 
        security.
  (b) Transportation Plan.--Not later than 2 years after the 
date of enactment of this Act, the Secretary shall transmit to 
the Congress, the Secretary of Homeland Security, and the 
Governor of each State in which a reserve will be sited a plan 
for the transportation of the contents of the GAS Reserve under 
this section to consumers in the event of an emergency sale 
under subsection (d).
  (c) Fill Date.--The Secretary shall complete the process of 
filling the GAS Reserve under this section by March 1, 2006.
  (d) Emergency Sale Authorization.--The Secretary shall sell 
gasoline from the GAS Reserve if--
          (1) the Governor of a State transmits to the 
        Secretary a written request for GAS Reserve emergency 
        sales assistance which--
                  (A) cites a physical disruption in the system 
                supplying gasoline to the Governor's State; and
                  (B) demonstrates to the satisfaction of the 
                Secretary that such disruption is likely to 
                result in price volatility for retail gasoline 
                markets in the Governor's State; and
          (2) the Secretary determines that--
                  (A) GAS Reserve emergency sales would 
                mitigate gasoline price volatility in the 
                Governor's State;
                  (B) GAS Reserve emergency sales would not 
                have an adverse effect on the long-term 
                economic viability of retail gasoline markets 
                in the Governor's State and adjacent States;
                  (C) the physical disruption described in 
                paragraph (1)(A) is likely to result in general 
                economic disruption in the Governor's State and 
                adjacent States; and
                  (D) GAS Reserve emergency sales would serve 
                to stabilize gasoline prices, not suppress 
                prices below long-term market trend levels.
  (e) Procedure.--
          (1) Secretary's response.--The Secretary shall 
        respond to a request transmitted under subsection 
        (d)(1) within 10 days of receipt of a request by--
                  (A) approving the request;
                  (B) denying the request; or
                  (C) requesting additional supporting 
                information.
          (2) Approval.--If the Secretary approves a request, 
        the Secretary shall provide to the Governor a written 
        notice of approval that includes--
                  (A) a description of the GAS Reserve 
                emergency sale plan; and
                  (B) an explanation of the Secretary's 
                decision.
          (3) Denial.--If the Secretary denies a request, the 
        Secretary shall provide to the Governor a written 
        notice of denial that includes an explanation of the 
        Secretary's decision.
          (4) Additional information.--If the Secretary 
        requests additional information and the Governor does 
        not respond for a period of 10 days, the Governor's 
        request shall be denied. If the Governor provides all 
        requested additional information in timely manner, the 
        Secretary shall approve or deny the request within 10 
        days after receipt of such information.
  (f) Maintenance Transactions.--The Secretary is authorized to 
conduct purchases and sales of gasoline at wholesale for 
maintenance of the GAS Reserve system. In conducting 
maintenance transactions, the Secretary shall ensure that--
          (1) the GAS Reserve is available to respond to 
        emergencies during periods of the annual gasoline 
        market cycle when the Secretary expects demand to be 
        highest;
          (2) the GAS Reserve does not contain gasoline for a 
        period of time so long as to jeopardize its quality; 
        and
          (3) maintenance transactions are timed so as to 
        minimize their impact on the retail price of gasoline.
  (g) Reports.--Not later than November 1 of each year, the 
Secretary shall transmit to the Committee on Energy and 
Commerce of the House of Representatives and to the Committee 
on Energy and Natural Resources of the Senate a report on the 
GAS Reserve program, describing the physical status of GAS 
Reserve facilities, the program's financial outlook, and the 
disposition of any emergency sales request received and any 
emergency sales conducted since the last report, and 
recommending any additional appropriations or technical changes 
appropriate to improve the program's operation.
  (h) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary such sums as may be necessary 
for construction and operation of the GAS Reserve for fiscal 
years 2004 through 2009.
                              ----------                              


10. An Amendment To Be Offered by Representative Udall of New Mexico or 
                 His Designee, Debatable for 20 Minutes

    Strike section 14029.
                              ----------                              


11. An Amendment To Be Offered by Representative Nadler of New York or 
                 His Designee, Debatable for 10 Minutes

  In division A, section 14032, in the proposed section 
307(d)--
          (1) strike ``and'' at the end of paragraph (6);
          (2) strike the period, close quotation mark, and 
        period at the end of paragraph (7) and insert ``; 
        and''; and
          (3) add at the end the following new paragraph:
          ``(8) accelerating the purchase of excess weapons 
        grade plutonium and uranium from Russia to reduce the 
        likelihood that such plutonium and uranium could be 
        stolen or sold to terrorists.''.
                              ----------                              


 12. An Amendment To Be Offered by Representative Reynolds of New York 
               or His Designee, Debatable for 20 Minutes

  At the end of subtitle B of title IV of division A, insert 
the following new section:

SEC. 14036. TRANSFER.

   Not later than December 31, 2003, the Secretary of Energy 
shall transmit to the Congress a plan for the transfer to the 
Secretary of title to, and full responsibility for the 
possession, transportation, disposal, stewardship, maintenance, 
and monitoring of, all facilities, property, and radioactive 
waste at the Western New York Service Center in West Valley, 
New York. The Secretary shall consult with the President of the 
New York State Energy Research and Development Authority in 
developing such plan.
                              ----------                              


   13. An Amendment To Be Offered by Representative Barrett of South 
           Carolina or His Designee, Debatable for 10 Minutes

  At the end of subtitle B of title IV of division A, insert 
the following new section:

SEC. 14036. STUDY TO DETERMINE FEASIBILITY OF DEVELOPING COMMERCIAL 
                    NUCLEAR ENERGY PRODUCTION FACILITIES AT EXISTING 
                    DEPARTMENT OF ENERGY SITES.

  (a) In General.--The Secretary of Energy shall conduct a 
study to determine the feasibility of developing commercial 
nuclear energy production facilities at Department of Energy 
sites in existence on the date of the enactment of this Act, 
including--
          (1) options for how and where nuclear power plants 
        can be developed on existing Department of Energy 
        sites;
          (2) estimates on cost savings to the Federal 
        Government that may be realized by locating new nuclear 
        power plants on Federal sites;
          (3) the feasibility of incorporating new technology 
        into nuclear power plants located on Federal sites;
          (4) potential improvements in the licensing and 
        safety oversight procedures of nuclear power plants 
        located on Federal sites;
          (5) an assessment of the effects of nuclear waste 
        management policies and projects as a result of 
        locating nuclear power plants located on Federal sites; 
        and
          (6) any other factors that the Secretary believes 
        would be relevant in making the determination.
  (b) Report.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary shall submit to Congress a 
report describing the results of the study under subsection 
(a).
                              ----------                              


 14. An Amendment To Be Offered by Representative Blumenauer of Oregon 
               or His Designee, Debatable for 10 Minutes

  At the end of subtitle D of title V of division A, insert the 
following new section:

SEC. 15050. CONSERVE BY BICYCLING PROGRAM.

  (a) Definitions.--In this section:
          (1) Program.--The term ``program'' means the Conserve 
        by Bicycling Program established by subsection (b).
          (2) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.
  (b) Establishment.--There is established within the 
Department of Transportation a program to be known as the 
``Conserve by Bicycling Program''.
  (c) Projects.--
          (1) In general.--In carrying out the program, the 
        Secretary shall establish not more than 10 pilot 
        projects that are--
                  (A) dispersed geographically throughout the 
                United States; and
                  (B) designed to conserve energy resources by 
                encouraging the use of bicycles in place of 
                motor vehicles.
          (2) Requirements.--A pilot project described in 
        paragraph (1) shall--
                  (A) use education and marketing to convert 
                motor vehicle trips to bicycle trips;
                  (B) document project results and energy 
                savings (in estimated units of energy 
                conserved);
                  (C) facilitate partnerships among interested 
                parties in at least 2 of the fields of--
                          (i) transportation;
                          (ii) law enforcement;
                          (iii) education;
                          (iv) public health;
                          (v) environment; and
                          (vi) energy;
                  (D) maximize bicycle facility investments;
                  (E) demonstrate methods that may be used in 
                other regions of the United States; and
                  (F) facilitate the continuation of ongoing 
                programs that are sustained by local resources.
          (3) Cost sharing.--At least 20 percent of the cost of 
        each pilot project described in paragraph (1) shall be 
        provided from State or local sources.
  (d) Energy and Bicycling Research Study.--
          (1) In general.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall 
        enter into a contract with the National Academy of 
        Sciences for, and the National Academy of Sciences 
        shall conduct and submit to Congress a report on, a 
        study on the feasibility of converting motor vehicle 
        trips to bicycle trips.
          (2) Components.--The study shall--
                  (A) document the results or progress of the 
                pilot projects under subsection (c);
                  (B) determine the type and duration of motor 
                vehicle trips that people in the United States 
                may feasibly make by bicycle, taking into 
                consideration factors such as--
                          (i) weather;
                          (ii) land use and traffic patterns;
                          (iii) the carrying capacity of 
                        bicycles; and
                          (iv) bicycle infrastructure;
                  (C) determine any energy savings that would 
                result from the conversion of motor vehicle 
                trips to bicycle trips;
                  (D) include a cost-benefit analysis of 
                bicycle infrastructure investments; and
                  (E) include a description of any factors that 
                would encourage more motor vehicle trips to be 
                replaced with bicycle trips.
  (e) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $6,200,000, to remain 
available until expended, of which--
          (1) $5,150,000 shall be used to carry out pilot 
        projects described in subsection (c);
          (2) $300,000 shall be used by the Secretary to 
        coordinate, publicize, and disseminate the results of 
        the program; and
          (3) $750,000 shall be used to carry out subsection 
        (d).
                              ----------                              


 15. An Amendment To Be Offered by Representative Ryan of Wisconsin or 
                His Designee, Debatable for 20 Minutes.

  In Division A, in title VII, subtitle A, after section 17107, 
insert the following new section and make the necessary 
conforming changes in the table of contents:

SEC. 17107A. REDUCING THE PROLIFERATION BOUTIQUE FUELS.

  (a) EPA Approval of State Plans with Boutique Fuels.--Section 
211(c)(4) of the Clean Air Act (42 U.S.C. 7545(c)(4)) is 
amended by adding the following at the end thereof:
  ``(D) In the case of gasoline, after the enactment of this 
subparagraph, the Administrator shall give a preference to the 
approval of implementation plan provisions described in 
subparagraph (C) if the control or prohibition in such 
provisions requires the use of either of the following:
          ``(i) Federal clean burning fuel meeting the 
        requirements of subsection (p)(1).
          ``(ii) Low RVP gasoline meeting the requirements of 
        subsection (p)(2).''.
  (b) Preferred Gasoline Options.--Section 211 of the Clean Air 
Act (42 U.S.C. 7545) is amended by adding the following new 
subsection at the end thereof:
  ``(r) Preferred Gasoline Options.--
          ``(1) Federal Clean Burning Gasoline.--For purposes 
        of this section, the term `Federal clean burning 
        gasoline' means reformulated gasoline as defined in 
        subsection (k), the Reid Vapor Pressure of which is 
        equal to 6.8 pounds per square inch (psi) for the high 
        ozone season (as determined by the Administrator).
          ``(2) Low rvp gasoline.--The Administrator shall 
        promulgate regulations providing for a gasoline blend 
        for the high ozone season (as determined by the 
        Administrator) having a Reid Vapor Pressure of 7.8 
        pounds per square inch (psi).''.
                              ----------                              


16. An Amendment To Be Offered by Representative Schakowsky of Illinois 
               or Her Designee, Debatable for 10 Minutes

  In division B, at the end of title II, insert the following 
new section:

SEC. 22003. SENSE OF CONGRESS.

  It is the sense of the Congress that--
          (1) the Secretary of Energy should develop and 
        implement more stringent procurement and inventory 
        controls, including controls on the purchase card 
        program, to prevent waste, fraud, and abuse of taxpayer 
        funds by employees and contractors of the Department of 
        Energy; and
          (2) the Department's Inspector General should 
        continue to closely review purchase card purchases and 
        other procurement and inventory practices at the 
        Department.
                              ----------                              


 17. An Amendment To Be Offered by Representative Wu of Oregon or His 
                   Designee, Debatable for 10 Minutes

  In division B, title II, at the end insert the following new 
section:

SEC. 22003. REPORT ON EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.

  Not later than twelve months after the date of enactment of 
this Act, and biennially thereafter, the Secretary shall 
transmit to Congress a report on the equal employment 
opportunity practices at Department of Energy National 
laboratories. Such report shall include--
          (1) a thorough review of each laboratory contractor's 
        equal employment opportunity policies, including 
        promotion to management and professional positions and 
        pay raises;
          (2) a statistical report on complaints and their 
        disposition in the laboratories;
          (3) a description of how equal employment opportunity 
        practices at the laboratories are treated in the 
        contract and in calculating award fees for each 
        contractor;
          (4) a summary of disciplinary actions and their 
        disposition by either the Department or the relevant 
        contractors for each laboratory;
          (5) a summary of outreach efforts to attract women 
        and minorities to the laboratories;
          (6) a summary of efforts to retain women and 
        minorities in the laboratories; and
          (7) a summary of collaboration efforts with the 
        Office of Federal Contract Compliance Programs to 
        improve equal employment opportunity practices at the 
        laboratories.
                              ----------                              


18. An Amendment To Be Offered by Representative Capps of California or 
                 Her Designee, Debatable for 20 Minutes

    Strike section 30220.
                              ----------                              


 19. An Amendment To Be Offered by Representative Kind of Wisconsin or 
                 His Designee, Debatable for 20 Minutes

    In division C, strike title II.
                              ----------                              


    20. An Amendment To Be Offered by Representative Rahall of West 
           Virginia or His Designee, Debatable for 20 Minutes

    In division C, strike title VII.
                              ----------                              


 21. An Amendment To Be Offered by Representative Thomas of California 
               or His Designee, Debatable for 10 Minutes

    Strike section 42011.
                              ----------                              


 22. An Amendment To Be Offered by Representative Reynolds of New York 
               or His Designee, Debatable for 10 Minutes

  At the end of the bill add the following:

                 DIVISION    --MISCELLANEOUS PROVISIONS

SEC.    01. ENCOURAGING PROHIBITION OF OFF-SHORE DRILLING IN THE GREAT 
                    LAKES.

  (a) Findings.--The Congress finds that--
          (1) the water resources of the Great Lakes Basin are 
        precious public natural resources, shared and held in 
        trust by the States of Illinois, Indiana, Michigan, 
        Minnesota, New York, Ohio, Pennsylvania, and Wisconsin, 
        and the Canadian Province of Ontario;
          (2) the environmental dangers associated with off-
        shore drilling in the Great Lakes for oil and gas 
        outweigh the potential benefits of such drilling;
          (3) in accordance with the Submerged Lands Act (43 
        U.S.C. 1301 et seq.), each State that borders any of 
        the Great Lakes has authority over the area between 
        that State's coastline and the boundary of Canada or 
        another State;
          (4) the States of Illinois, Michigan, New York, 
        Pennsylvania, and Wisconsin each have a statutory 
        prohibition of off-shore drilling in the Great Lakes 
        for oil and gas;
          (5) the States of Indiana, Minnesota, and Ohio do not 
        have such a prohibition; and
          (6) the Canadian Province of Ontario does not have 
        such a prohibition, and drilling for and production of 
        gas occurs in the Canadian portion of Lake Erie.
  (b) Encouragement of Prohibitions on Off-Shore Drilling.--The 
Congress encourages--
          (1) the States of Illinois, Michigan, New York, 
        Pennsylvania, and Wisconsin to continue to prohibit 
        off-shore drilling in the Great Lakes for oil and gas;
          (2) the States of Indiana, Minnesota, and Ohio and 
        the Canadian Province of Ontario to enact a prohibition 
        of such drilling; and
          (3) the Canadian Province of Ontario to require the 
        cessation of any such drilling and any production 
        resulting from such drilling.

                                
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