March 14, 2002 sees Congressional Record publish “TEXT OF AMENDMENTS”

Friday, Sep 24, 2021 @ 7:27pm By EP News Wire Reports

Volume 148, No. 29 covering the 2nd Session of the 107th Congress (2001 - 2002) was published by the Congressional Record.

The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.

“TEXT OF AMENDMENTS” mentioning the Environmental Protection Agency was published in the Senate section on pages S1941-S1952 on March 14, 2002.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 3012. Mr. THOMAS (for himself, Mr. Campbell, Mr. Shelby, Mr. Crapo, and Mr. Smith of Oregon) proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill

(S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:

On page 21, strike line 16 and all that follows through page 23, line 24 and insert the following:

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

``SEC. 216. ELECTRIC RELIABILITY.

``(a) Definitions.--For purposes of this section--

``(1) `bulk-power system' means the network of interconnected transmission facilities and generating facilities;

``(2) `electric reliability organization' means a self-regulating organization certified by the Commission under subsection (c) whose purpose is to promote the reliability of the bulk power system; and

``(3) `reliability standard' means a requirement to provide for reliable operation of the bulk power system approved by the Commission under this section.

``(b) Jurisdiction and Applicability.--The Commission shall have jurisdiction, within the United States, over an electric reliability organization, any regional entities, and all users, owners and operators of the bulk power system, including but not limited to the entities described in section 201(f), for purposes of approving reliability standards and enforcing compliance with this section. All users, owners and operators of the bulk-power system shall comply with reliability standards that take effect under this section.

``(c) Certification.--

``(1) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section.

``(2) Following the issuance of a Commission rule under paragraph (1), any person may submit an application to the Commission for certification as an electric reliability organization. The Commission may certify an applicant if the Commission determines that the applicant--

``(A) has the ability to develop, and enforce reliability standards that provide for an adequate level of reliability of the bulk-power system;

``(B) has established rules that--

``(i) assure its independence of the users and owners and operators of the bulk power system; while assuring fair stakeholder representation in the selection of its directors and balanced decision-making in any committee or subordinate organizational structure;

``(ii) allocate equitably dues, fees, and other charges among end users for all activities under this section;

``(iii) provide fair and impartial procedures for enforcement of reliability standards through imposition of penalties (including limitations on activities, functions, or operations, or other appropriate sanctions); and

``(iv) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties.

``(3) If the Commission receives two or more timely applications that satisfy the requirements of this subsection, the Commission shall approve only the application it concludes will best implement the provisions of this section.

``(d) Reliability Standards.--

``(1) An electric reliability organization shall file a proposed reliability standard or modification to a reliability standard with the Commission.

``(2) The Commission may approve a proposed reliability standard or modification to a reliability standard if it determines that the standard is just, reasonable, not unduly discriminatory or preferential, and in the public interest. The Commission shall give due weight to the technical expertise of the electric reliability organization with respect to the content of a proposed standard or modification to a reliability standard, but shall not defer with respect to its effect on competition.

``(3) The electric reliability organization and the Commission shall rebuttably presume that a proposal from a regional entity organized on an interconnection-wide basis for a reliability standard or modification to a reliability standard to be applicable on an Interconnection-wide basis is just, reasonable, and not unduly discriminatory or preferential, and in the public interest.

``(4) The Commission shall remand to the electric reliability organization for further consideration a proposed reliability standard or a modification to a reliability standard that the Commission disapproves in whole or in part.

``(5) The Commission, upon its own motion or upon complaint, may order an electric reliability organization to submit to the Commission a proposed reliability standard or a modification to a reliability standard that addresses a specific matter if the Commission considers such a new or modified reliability standard appropriate to carry out this section.

``(e) Enforcement.--

``(1) An electric reliability organization may impose a penalty on a user or operator of the bulk power system if the electric reliability organization, after notice and an opportunity for a hearing--

``(A) finds that the user or owner or operator of the bulk power system has violated a reliability standard approved by the Commission under subsection (d); and

``(B) files notice with the Commission, which shall affirm, set aside or modify the action.

``(2) On its own motion or upon complaint, the Commission may order compliance with a reliability standard and may impose a penalty against a user or owner or operator of the bulk power system, if the Commission finds, after notice and opportunity for a hearing, that the user or owner or operator of the bulk power system has violated or threatens to violate a reliability standard.

``(3) The Commission shall establish regulations authorizing the electric reliability organization to enter into an agreement to delegate authority to a regional entity for the purpose of proposing and enforcing reliability standards (including related activities) if the regional entity satisfies the provisions of subsection (c)(2)(A) and

(B) and the agreement promotes effective and efficient administration of bulk power system reliability, and may modify such delegation. The electric reliability organization and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an interconnection-wide basis promotes effective and efficient administration of bulk power system reliability and should be approved. Such regulation may provide that the Commission may assign the electric reliability organization's authority to enforce reliability standards directly to a regional entity consistent with the requirements of this paragraph.

``(4) The Commission may take such action as is necessary or appropriate against the electric reliability organization or a regional entity to ensure compliance with a reliability standard or any Commission order affecting the electric reliability organization or a regional entity.

``(f) Changes in Electricity Reliability Organization Rules.--An electric reliability organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may propose a change to the rules of the electric reliability organization. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment, that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c)(2).

``(g) Coordination With Canada and Mexico.--

``(1) The electric reliability organization shall take all appropriate steps to gain recognition in Canada and Mexico.

``(2) The President shall use his best efforts to enter into international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the effectiveness of the electric reliability organization in the United States and Canada or Mexico.

``(h) Reliability Reports.--The electric reliability organization shall conduct periodic assessments of the reliability and adequacy of the interconnected bulk-power system in North America.

``(i) Savings Provisions.--

``(1) The electric reliability organization shall have authority to develop and enforce compliance with standards for the reliable operation of only the bulk-power system.

``(2) This section does not provide the electric reliability organization or the Commission with the authority to order the construction of additional generation or transmission capacity or to set and enforce compliance with standards for adequacy or safety of electric facilities or services.

``(3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within that State, as long as such action is not inconsistent with any reliability standard.

``(4) Within 90 days of the application of the electric reliability organization or other affected party, and after notice and opportunity for comment, the Commission shall issue a final order determining whether a state action is inconsistent with a reliability standard, taking into consideration any recommendations of the electric reliability organization.

``(5) The Commission, after consultation with the electric reliability organization, may stay the effectiveness of any state action, pending the Commission's issuance of a final order.

``(j) Application of Antitrust Laws.--

``(1) In general.--To the extent undertaken to develop, implement, or enforce a reliability standard, each of the following activities shall not, in any action under the antitrust laws, be deemed illegal per se:

``(A) activities undertaken by an electric reliability organization under this section, and

``(B) activities of a user or owner or operator of the bulk power system undertaken in good faith under the rules of an electric reliability organization.

``(2) Rule of reason.--In any action under the antitrust laws, an activity described in paragraph (1) shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition and reliability.

``(3) Definition.--For purposes of this subsection,

`antitrust laws' has the meaning given the term in subsection

(a) of the first section of the Clayton Act (15 U.S.C. 12(a)), except that it includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that section 5 applies to unfair methods of competition.

``(k) Regional Advisory Bodies.--The Commission shall establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. A regional advisory body shall be composed of one member from each participating State in the region, appointed by the Governor of each state, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the electric reliability organization, a regional reliability entity, or the Commission regarding the governance of an existing or proposed regional reliability entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the regional are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities requested by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an interconnection-wide basis.

``(l) Application to Alaska and Hawaii.--The provisions of this section do not apply to Alaska or Hawaii.''.

____

SA 3013. Mr. GRASSLEY submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 226, line 23, strike ``Act,'' and all that follows through page 227, line 2, and insert ``Act.''.

____

SA 3014. Mr. WYDEN (for himself and Mrs. Feinstein) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:

On page 57, between lines 17 and 18, insert the following:

SEC. 253. OFFICE OF CONSUMER ADVOCACY.

(a) Definitions.--In this section:

(1) Commission.--The term ``Commission'' means the Federal Energy Regulatory Commission.

(2) Energy customer.--The term ``energy customer'' means a residential customer or a small commercial customer that receives products or services from a public utility or natural gas company under the jurisdiction of the Commission.

(3) Natural gas company.--The term ``natural gas company'' has the meaning given the term in section 2 of the Natural Gas Act (15 U.S.C. 717a), as modified by section 601(a) of the Natural Gas Policy Act of 1978 (15 U.S.C. 3431(a)).

(4) Office.--The term ``Office'' means the Office of Consumer Advocacy established by subsection (b)(1).

(5) Public utility.--The term ``public utility'' has the meaning given the term in section 201(e) of the Federal Power Act (16 U.S.C. 824(e)).

(6) Small commercial customer.--The term ``small commercial customer'' means a commercial customer that has a peak demand of not more than 1,000 kilowatts per hour.

(b) Office.--

(1) Establishment.--There is established within the Department of Justice the Office of Consumer Advocacy.

(2) Director.--The Office shall be headed by a Director to be appointed by the President, by and with the advice and consent of the Senate.

(3) Duties.--The Office may represent the interests of energy customers on matters concerning rates or service of public utilities and natural gas companies under the jurisdiction of the Commission--

(A) at hearings of the Commission;

(B) in judicial proceedings in the courts of the United States;

____

SA 3015. Mrs. CARNAHAN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title XVII, add the following:

SEC. 1704. NATIONAL ACADEMY OF SCIENCES STUDY OF PROCEDURES

FOR SELECTION AND ASSESSMENT OF ROUTES FOR

SHIPMENT OF SPENT NUCLEAR FUEL.

(a) In General.--The Secretary of Transportation shall enter into an agreement with the National Academy of Sciences under which agreement the National Academy of Sciences shall conduct a study of the procedures by which the Department of Energy, together with the Department of Transportation and the Nuclear Regulatory Commission, selects routes for the shipment of spent nuclear fuel.

(b) Elements of Study.--In conducting the study under subsection (a), the National Academy of Sciences shall analyze the manner in which the Department of Energy--

(1) selects potential routes for the shipment of spent nuclear fuel;

(2) selects a route for a specific shipment of spent nuclear fuel; and

(3) conducts assessments of the risks associated with shipments of spent nuclear fuel.

(c) Considerations Regarding Route Selection.--The analysis under subsection (b) shall include a consideration whether, and to what extent, the procedures analyzed for purposes of that subsection take into account the following:

(1) The proximity of the routes under consideration to major population centers and the risks associated with shipments of spent nuclear fuel through densely populated areas.

(2) Current traffic and accident data with respect to the routes under consideration.

(3) The quality of the roads comprising the routes under consideration.

(4) Emergency response capabilities along the routes under consideration.

(5) The proximity of the routes under consideration to places or venues (including sports stadiums, convention centers, concert halls and theaters, and other venues) where large numbers of people gather.

(d) Recommendations.--In conducting the study under subsection (a), the National Academy of Sciences shall also make such recommendations regarding the matters studied as the National Academy of Sciences considers appropriate.

(e) Deadline for Dispersal of Funds for Study.--The Secretary shall disperse to the National Academy of Sciences the funds for the cost of the study required by subsection

(a) not later than 30 days after the date of the enactment of this Act.

(f) Report on Results of Study.--Not later than six months after the date of the dispersal of funds under subsection

(e), the National Academy of Sciences shall submit to the appropriate committees of Congress a report on the study conducted under subsection (a), including the recommendations required by subsection (d).

(g) Appropriate Committees of Congress Defined.--In this section, the term ``appropriate committees of Congress'' means--

(1) the Committees on Commerce, Science, and Transportation, Energy and Natural Resources, and Environment and Public Works of the Senate; and

(2) the Committee on Energy and Commerce of the House of Representatives.

____

SA 3016. Mr. BINGAMAN proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:

On page 67, strike line 6 and all that follows through page 76, line 11, and insert the following:

Title VI of the Public Utility Regulatory Policies Act of 1978 is amended by adding at the end the following:

``SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD.

``(a) Minimum Renewable Generation Requirement.--For each calendar year beginning in calendar year 2005, each retail electric supplier shall submit to the Secretary, not later than April 1 of the following calendar year, renewable energy credits in an amount equal to the required annual percentage specified in subsection (b).

``(b) Required Annual Percentage.--

``(1) For calendar years 2005 through 2020, the required annual percentage of the retail electric supplier's base amount that shall be generated from renewable energy resources shall be the percentage specified in the following table:

``Calendar Years Required annual percentage

2005 through 2006...............................................1.0

2007 through 2008...............................................2.2

2009 through 2010...............................................3.4

2011 through 2012...............................................4.6

2013 through 2014...............................................5.8

2015 through 2016...............................................7.0

2017 through 2018...............................................8.5

2019 through 2020..............................................10.0

``(2) Not later than January 1, 2015, the Secretary may, by rule, establish required annual percentages in amounts not less than 10.0 for calendar years 2020 through 2030.

``(c) Submission of Credits.--(1) A retail electric supplier may satisfy the requirements of subsection (a) through the submission of renewable energy credits--

``(A) issued to the retail electric supplier under subsection (d);

``(B) obtained by purchase or exchange under subsection

(e); or

``(C) borrowed under subsection (f).

``(2) A credit may be counted toward compliance with subsection (a) only once.

``(d) Issuance of Credits.--(1) The Secretary shall establish, not later than one year after the date of enactment of this section, a program to issue, monitor the sale or exchange of, and track renewable energy credits.

``(2) Under the program, an entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of renewable energy credits. The application shall indicate--

``(A) the type of renewable energy resource used to produce the electricity,

``(B) the location where the electric energy was produced, and

``(C) any other information the Secretary determines appropriate.

``(3)(A) Except as provided in paragraphs (B), (C), and

(D), the Secretary shall issue to an entity one renewable energy credit for each kilowatt-hour of electric energy the entity generates from the date of enactment of this section and in each subsequent calendar year through the use of a renewable energy resource at an eligible facility.

``(B) For incremental hydropower the credits shall be calculated based on the expected increase in average annual generation resulting from the efficiency improvements or capacity additions. The number of credits shall be calculated using the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility and certified by the Secretary or the Federal Energy Regulatory Commission. The calculation of the credits for incremental hydropower shall not be based on any operational changes at the hydroelectric facility not directly associated with the efficiency improvements or capacity additions.

``(C) The Secretary shall issue two renewable energy credits for each kilowatt-hour of electric energy generated and supplied to the grid in that calendar year through the use of a renewable energy resource at an eligible facility located on Indian land. For purposes of this paragraph, renewable energy generated by biomass cofired with other fuels is eligible for two credits only if the biomass was grown on the land eligible under this paragraph.

``(D) For renewable energy resources produced from a generation offset, the Secretary shall issue two renewable energy credits for each kilowatt-hour generated.

``(E) To be eligible for a renewable energy credit, the unit of electric energy generated through the use of a renewable energy resource may be sold or may be used by the generator. If both a renewable energy resource and a non-renewable energy resource are used to generate the electric energy, the Secretary shall issue credits based on the proportion of the renewable energy resource used. The Secretary shall identify renewable energy credits by type and date of generation.

``(5) When a generator sells electric energy generated through the use of a renewable energy resource to a retail electric supplier under a contract subject to section 210 of this Act, the retail electric supplier is treated as the generator of the electric energy for the purposes of this section for the duration of the contract.

``(6) The Secretary may issue credits for existing facility offsets to be applied against a retail electric suppliers own required annual percentage. The credits are not tradeable and may only be used in the calendar year generation actually occurs.

``(e) Credit Trading.--A renewable energy credit may be sold or exchanged by the entity to whom issued or by any other entity who acquires the credit. A renewable energy credit for any year that is not used to satisfy the minimum renewable generation requirement of subsection (a) for that year may be carried forward for use within the next four years.

``(f) Credit Borrowing.--At any time before the end of calendar year 2005, a retail electric supplier that has reason to believe it will not have sufficient renewable energy credits to comply with subsection (a) may--

``(1) submit a plan to the Secretary demonstrating that the retail electric supplier will earn sufficient credits within the next 3 calendar years which, when taken into account, will enable the retail electric suppliers to meet the requirements of subsection (a) for calendar year 2005 and the subsequent calendar years involved; and

``(2) upon the approval of the plan by the Secretary, apply credits that the plan demonstrates will be earned within the next 3 calendar years to meet the requirements of subsection

(a) for each calendar year involved.

``(g) Credit Cost Cap.--The Secretary shall offer renewable energy credits for sale at the lesser of 3 cents per kilowatt-hour or 200 percent of the average market value of credits for the applicable compliance period. On January 1 of each year following calendar year 2005, the Secretary shall adjust for inflation the price charged per credit for such calendar year, based on the Gross Domestic Product Implicit Price Deflator.

``(h) Enforcement.--The Secretary may bring an action in the appropriate United States district court to impose a civil penalty on a retail electric supplier that does not comply with subsection (a), unless the retail electric supplier was unable to comply with subsection (a) for reasons outside of the supplier's reasonable control (including weather-related damage, mechanical failure, lack of transmission capacity or availability, strikes, lockouts, actions of a governmental authority. A retail electric supplier who does not submit the required number of renewable energy credits under subsection (a) shall be subject to a civil penalty of not more than the greater of 3 cents or 200 percent of the average market value of credits for the compliance period for each renewable energy credit not submitted.

``(i) Information Collection.--The Secretary may collect the information necessary to verify and audit--

``(1) the annual electric energy generation and renewable energy generation of any entity applying for renewable energy credits under this section,

``(2) the validity of renewable energy credits submitted by a retail electric supplier to the Secretary, and

``(3) the quantity of electricity sales of all retail electric suppliers.

``(j) Environmental Savings Clause.--Incremental hydropower shall be subject to all applicable environmental laws and licensing and regulatory requirements.

``(k) State Savings Clause.--This section does not preclude a State from requiring additional renewable energy generation in that State, or from specifying technology mix.

``(l) Definitions.--For purposes of this section--

``(1) Biomass.--

``(A) Except with respect to material removed from National Forest System lands, the term `biomass' means any organic material that is available on a renewable or recurring basis, including dedicated energy crops, trees grown for energy production, wood waste and wood residues, plants (including aquatic plants, grasses, and agricultural crops), residues, fibers, animal wastes and other organic waste materials, and fats and oil.

``(B) With respect to material removed from National Forest System lands, the term `biomass' means fuel and biomass accumulation from precommercial thinnings, slash, and brush.

``(2) Eligible facility.--The term `eligible facility' means--

``(A) a facility for the generation of electric energy from a renewable energy resource that is placed in service on or after the date of enactment of this section; or

``(B) a repowering or cofiring increment that is placed in service on or after the date of enactment of this section at a facility for the generation of electric energy from a renewable energy resource that was placed in service before that date.

``(3) Eligible renewable energy resource.--The term

`renewable energy resource' means solar, wind, ocean, or geothermal energy, biomass (excluding solid waste and paper that is commonly recycled), landfill gas, a generation offset, or incremental hydropower.

``(4) Generation offset.--The term `generation offset' means reduced electricity usage metered at a site where a customer consumes energy from a renewable energy technology.

``(5) Existing facility offset.--The term `existing facility offset' means renewable energy generated from an existing facility, not classified as an eligible facility, that is owned or under contract to a retail electric supplier on the date of enactment of this section.

``(6) Incremental hydropower.--The term `incremental hydropower' means additional generation that is achieved from increased efficiency or additions of capacity after the date of enactment of this section at a hydroelectric dam that was placed in service before that date.

``(7) Indian land.--The term `Indian land' means--

``(A) any land within the limits of any Indian reservation, pueblo or rancheria,

``(B) any land not within the limits of any Indian reservation, pueblo or rancheria title to which was on the date of enactment of this paragraph either held by the United States for the benefit of any Indian tribe or individual or held by any Indian tribe or individual subject to restriction by the United States against alienation,

``(C) any dependent Indian community, and

``(D) any land conveyed to any Alaska Native corporation under the Alaska Native Claims Settlement Act.

``(8) Indian tribe.--The term `Indian tribe' means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

``(9) Renewable energy.--The term `renewable energy' means electric energy generated by a renewable energy resource.

``(10) Renewable energy resource.--The term `renewable energy resource' means solar, wind, ocean, or geothermal energy, biomass (including municipal solid waste), landfill gas, a generation offset, or incremental hydropower.

``(11) Repowering of cofiring enforcement.--The term

`repowering or cofiring enforcement' means the additional generation from a modification that is placed in service on or after the date of enactment of this section to expand electricity production at a facility used to generate electric energy from a renewable energy resource or to cofire biomass that was placed in service before the date of enactment of this section.

``(12) Retail electric supplier.--The term `retail electric supplier' means a person, that sells electric energy to electric consumers and sold not less than 1,000,000 megawatt-hours of electric energy to electric consumers for purposes other than resale during the preceding calendar year; except that such term does not include the United States, a State or any political subdivision of a state, or any agency, authority, or instrumentality of any one or more of the foregoing, or a rural electric cooperative.

``(13) Retail electric supplier's base amount.--The term

`retail electric supplier's base amount' means the total amount of electric energy sold by the retail electric supplier to electric customers during the most recent calendar year for which information is available, excluding electric energy generated by--

``(A) an eligible renewable energy resource;

``(B) municipal solid waste; or

``(C) a hydroelectric facility.

``(m) Sunset.--This section expires December 31, 2030.''.

____

SA 3017. Mr. JEFFORDS (for himself, Mr. Wellstone, and Mr. Kerry) proposed an amendment to amendment SA 3016 proposed by Mr. Bingaman to the amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:

Beginning on page 1, strike line 5 and all that follows through page 9, line 8, and insert the following:

SEC. 606. FEDERAL RENEWABLE ENERGY STANDARD.

SEC. 1. DEFINITIONS.

In this section:

(1) Biomass.--The term `biomass' means--

(A) organic material from a plant that is planted exclusively for the purpose of being used to produce electricity; and

(B) nonhazardous, cellulosic or agricultural animal waste material that is segregated from other waste materials and is derived from--

(i) a forest-related resource, including--

(I) mill and harvesting residue;

(II) precommercial thinnings;

(III) slash; and,

(IV) brush;

(ii) an agricultural resource, including--

(I) orchard tree crops;

(II) vineyards;

(III) grain;

(IV) legumes;

(V) sugar; and

(VI) other crop by-products or residues;

(iii) miscellaneous waste such as--

(I) waste pallet;

(II) crate;

(III) dunnage; and

(IV) landscape or right-of-way tree trimmings, but not including--

(aa) municipal solid waste;

(bb) recyclable postconsumer wastepaper;

(cc) painted, treated, or pressurized wood;

(dd) wood contaminated with plastic or metals; or

(ee) tires; and

(iv) animal waste that is converted to a fuel rather than directly combusted, the residue of which is converted to biological fertilizer, oil, or activated carbon.

(2) Incremental hydropower.--The term ``incremental hydropower'' means additional generation capacity achieved from increased efficiency after January 1, 2002, at a hydroelectric dam that was placed in service before January 1, 2002.

(3) Landfill gas.--The term ``landfill gas'' means gas generated from the decomposition of household solid waste, commercial solid waste, and industrial solid waste disposed of in a municipal solid waste landfill unit (as those terms are defined in regulations promulgated under subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)).

(4) Renewable energy.--The term ``renewable energy'' means electricity generated from--

(A) a renewable energy source; or

(B) hydrogen that is produced from a renewable energy source.

(5) Renewable energy source.--The term ``renewable energy source'' means--

(A) wind;

(B) biomass;

(D) landfill gas; or

(E) a goethermal, solar thermal, or photovoltaic source.

(6) Retail electric supplier.--

(A) In general.--The term ``retail electric supplier'' means a person or entity that sells retail electricity to consumers, and which sold not less than 500,000 megawatt-hours of electric energy to consumers for purposes other than resale during the preceding calendar year.

(B) Inclusions.--The term ``retail electric supplier'' includes--

(i) a regulated utility company (including affiliates or associates of such a company);

(ii) a company that is not affiliated or associated with a regulated utility company;

(iii) a municipal utility;

(iv) a cooperative utility;

(v) a local government; and

(vi) a special district.

(7) Secretary.--The term `Secretary' means the Secretary of Energy.

SEC. 2. RENEWABLE ENERGY GENERATION STANDARDS.

(a) Renewable Energy Credits.--

(1) In general.--Not later than April 1 of each year, each retail electric supplier shall submit to the Secretary renewable energy credits in an amount equal to the required annual percentage of the retail electric supplier's total amount of kilowatt-hours of non-hydropower electricity sold to consumers during the previous calendar year.

(2) Rate.--The rates charged to each class of consumers by a retail electric supplier shall reflect an equal percentage of the cost of generating or acquiring the required annual percentage of renewable energy under subsection (b).

(3) Eligible resources.--A retail electric supplier shall not represent to any customer or prospective customer that any product contains more than the percentage of eligible resources if the additional amount of eligible resources is being used to satisfy the renewable generation requirement under subsection (b).

(4) State renewable energy program.--

(A) In general.--Nothing in this section precludes any State from requiring additional renewable energy generation in the State under any renewable energy program conducted by the State.

(B) Limitation.--A State may limit the benefits of any State renewable energy program to renewable energy generators located within the boundaries of the State or other boundaries (as determined by the State).

(b) Required Renewable Energy.--Of the total amount of non-hydropower electricity sold by each retail electric supplier during a calendar year, the amount generated by renewable energy sources shall be not less than the percentage specified below:

Calendar years: Percentage of renewable energy each year:

2005-2009....................................................... 5

2010-2014....................................................... 10

2015-2019....................................................... 15

2020 and subsequent years....................................... 20

(c) Submission of Renewable Energy Credits.--To meet the requirements under subsection (a)(1), a retail electric supplier may submit to the Secretary--

(1) renewable energy credits issued under subsection (d) for renewable energy generated by the retail electric supplier during the calendar year for which renewable energy credits are being submitted or the previous calendar year; or

(2) renewable energy credits--

(A) issued under subsection (d) to any renewable energy generator for renewable energy generated during the calendar year for which renewable energy credits are being submitted or the previous calendar year; and

(B) acquired by the retail electric supplier under subsection (e); or (3) renewable energy credits acquired from the Secretary for a cost equal to three cents per renewable energy credit in 2003 dollars, adjusted for inflation.

(d) Small Utility Program.--The Secretary shall apply proceeds from the sale of renewable energy credits acquired under subsection (c)(3) to a program, utilizing a competitive bidding process, to encourage maximum renewable energy generation and/or purchase by retail electric suppliers which sold not 500,000 megawatt-hours or less of electric energy to consumers for purposes other than resale during the preceding calendar year.

(e) Issuance of Renewable Energy Credits.--

(1) In general.--Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a program to issue, monitor the sale or exchange of, and track renewable energy credits.

(2) Application.--

(A) In general.--Under the program established under paragraph (1), an entity that generates electric energy through the use of a renewable energy resource may apply to the Secretary for the issuance of renewable energy credits.

(B) Requirements.--An application under subparagraph (A) shall identify--

(i) the type of renewable energy resource used to produce the electric energy;

(ii) the State in which the electric energy was produced; and

(iii) any other information that the Secretary determines appropriate.

(3) Number of renewable energy resource credits.--

(A) In general.--The Secretary shall issue to an entity 1 renewable energy credit for each kilowatt-hour of electric energy that the entity generates through the use of a renewable energy resource in any State in calendar year 2002 and each year thereafter.

(B) Partial credit.--If both a renewable energy resource and a nonrenewable energy resource are used to generate the electric energy, the Secretary shall issue renewable energy credits based on the proportion of the renewable energy resource used.

(4) Eligibility.--To be eligible for a renewable energy credit under this subsection, the unit of electricity generated through the use of a renewable energy resource shall be sold for retail consumption or used by the generator.

(5) Identification of renewable energy credits.--The Secretary shall identify renewable energy credits by--

(A) the type of generation; and

(B) the State in which the generating facility is located.

(6) Fee.--

(A) In general.--To receive a renewable energy credit, the entity shall pay a fee, calculated by the Secretary, in an amount that is equal to the lesser of--

(i) the administrative costs of issuing, recording, monitoring the sale of exchange of, and tracking the renewable energy credit; or

(ii) 5 percent of the national average market value (as determined by the Secretary) of that quantity of renewable energy credits.

(B) Use.--The Secretary shall use the fee to pay the administrative costs described in subparagraph (A)(i).

(f) Sale or Exchange.--A renewable energy credit may be sold or exchanged by the entity issued the renewable energy credit or by any other entity that acquires the renewable energy credit.

(g) Verification.--The Secretary may collect the information necessary to verify and audit--

(1) the annual electric energy generation and renewable energy generation of any entity applying for renewable energy credits under this section;

(2) the validity of renewable energy credits submitted by a retail electric supplier to the Secretary; and

(3) the amount of electricity sales of all retail electric suppliers.

(h) Enforcement.--

(1) In general.--The Secretary may bring an action in United States district court to impose a civil penalty on a retail electric supplier that fails to comply with subsection

(a).

(2) Amount of penalty.--A retail electric supplier that fails to submit the required number of renewable energy credits under subsection (a) shall be subject to a civil penalty of not more than 3 times the estimated national average market value (as determined by the Secretary) of that quantity of renewable energy credits for the calendar year concerned.

____

SA 3018. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 189, in the table between lines 10 and 11, in the item relating to calendar year 2004, strike ``2.3'' and insert ``1.8''.

____

SA 3019. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 195, strike line 19 and all that follows through page 196, line 4, and insert the following:

``(B) Petitions for waivers.--

``(i) In general.--The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall approve or disapprove a State petition for a waiver of the requirement of paragraph (2) within 30 days after the date on which the petition is received by the Administrator.

``(ii) Failure to act.--If the Administrator fails to approve or disapprove a petition within the period specified in clause (i), the petition shall be deemed to be approved.

____

SA 3020. Mrs. FEINSTEIN submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 189, line 3, strike ``2004'' and insert ``2005''.

On page 189, line 5, strike ``2004'' and insert ``2005''.

On page 189, line 8, strike ``2004'' and insert ``2005''.

On page 189, in the table between lines 10 and 11, strike the item relating to calendar year 2004.

On page 193, line 10, strike ``2004'' and insert ``2005''.

On page 194, line 21, strike ``2004'' and insert ``2005''.

On page 196, line 17, strike ``2004'' and insert ``2005''.

On page 197, line 4, strike ``2004'' and insert ``2005''.

On page 199, line 4, strike ``2004'' and insert ``2005''.

On page 199, line 17, strike ``2004'' and insert ``2005''.

____

SA 3021. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 204, strike line 15 and all that follows through page 205, line 8, and insert the following:

``Notwithstanding any other provision of federal or state law, a renewable fuel, as defined by this Act, used or intended to be used as a motor vehicle fuel, or any motor vehicle fuel containing such renewable fuel, shall be subject to liability standards no less protective than any other motor vehicle fuel or fuel additive.''.

____

SA 3022. Mrs. BOXER (for herself and Mrs. Feinstein) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 191, strike lines 8 through 11 and insert the following:

``(4) Cellulosic biomass ethanol.--

``(A) In general.--For the purpose of paragraph (2)--

``(i) except as provided in clause (ii), 1 gallon of cellulosic biomass ethanol shall be considered to be the equivalent of 1.5 gallons of renewable fuel; and

``(ii) 1 gallon of cellulosic biomass ethanol shall be considered the equivalent of 2 gallons of renewable fuel if the cellulosic biomass ethanol is derived from agricultural commodities and residues.

``(B) Cellulosic biomass ethanol conversion assistance.--

``(i) In general.--The Secretary of Energy may make grants to merchant producers of cellulosic biomass ethanol to assist such producers in building eligible facilities for the production of cellulosic biomass ethanol.

``(ii) Eligible facilities.--A facility shall be eligible to receive a grant under this paragraph if the facility--

``(I) is located in the United States; and

``(II) uses cellulosic biomass ethanol feed stocks derived from agricultural commodities and residues.

``(iii) Authorization of Appropriations.--There is authorized to be appropriated to carry out this paragraph such sums as may be necessary for fiscal years 2003, 2004, and 2005.''.

____

SA 3023. Mrs. LINCOLN (for herself, Mr. Bond, Mr. Johnson, Mrs. Carnahan, Mr. Hutchinson, Mr. Harkin, Mr. Grassley, Mr. Bunning, Mr. Bayh, and Mr. Craig) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 142, strike lines 8 through 11 and insert the following:

SEC. 817. TEMPORARY BIODIESEL CREDIT EXPANSION.

(a) Biodiesel Credit Expansion.--Section 312(b) of the Energy Policy Act of 1992 (42 U.S.C. 13220(b)) is amended by striking paragraph (2) and inserting the following:

``(2) Use.--

``(A) In general.--A fleet or covered person--

``(i) may use credits allocated under subsection (a) to satisfy more than 50 percent of the alternative fueled vehicle requirements of a fleet or covered person under this title, title IV, and title V; but

``(ii) may use credits allocated under subsection (a) to satisfy 100 percent of the alternative fueled vehicle requirements of a fleet or covered person under title V for 1 or more of model years 2002 through 2005.

``(B) Applicability.--Subparagraph (A) does not apply to a fleet or covered person that is a biodiesel alternative fuel provider described in section 501(a)(2)(A).''.

(b) Treatment as Section 508 Credits.--Section 312(c) of the Energy Policy Act of 1992 (42 U.S.C. 13220(c)) is amended--

(1) in the subsection heading, by striking ``Credit not'' and inserting ``Treatment as''; and

(2) by striking ``shall not be considered'' and inserting

``shall be treated as''.

(1) Definitions.--In this subsection:

(A) Alternative fuel.--The term ``alternative fuel'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211).

(B) Alternative fueled vehicle.--The term ``alternative fueled vehicle'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211).

(C) Light duty motor vehicle.--The term ``light duty motor vehicle'' has the meaning given the term in section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211).

(D) Secretary.--The term ``Secretary'' means the Secretary of Energy.

(2) Biodiesel credit extension study.--As soon as practicable after the date of enactment of this Act, the Secretary shall conduct a study--

(A) to determine the availability and cost of light duty motor vehicles that qualify as alternative fueled vehicles under title V of the Energy Policy Act of 1992 (42 U.S.C. 13251 et seq.); and

(B) to compare--

(i) the availability and cost of biodiesel; with

(ii) the availability and cost of fuels that qualify as alternative fuels under title V of the Energy Policy Act of 1992 (42 U.S.C. 13251 et seq.).

(3) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that--

(A) describes the results of the study conducted under paragraph (2); and

(B) includes any recommendations of the Secretary for legislation to extend the temporary credit provided under subsection (a) beyond model year 2005.

____

SA 3024. Mr. VOINOVICH (for himself, Ms. Landreiu, Mr. Smith of New Hampshire, and Mr. Inhofe) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 119, between lines 10 and 11, insert the following:

Subtitle B--Growth of Nuclear Energy

SEC. 511. COMBINED LICENSE PERIODS.

Section 103c. of the Atomic Energy Act of 1954 (42 U.S.C. 2133(c)) is amended--

(1) by striking ``c. Each such'' and inserting the following:

``c. License Period.--

``(1) In general.--Each such''; and

(2) by adding at the end the following:

``(2) Combined licenses.--In the case of a combined construction and operating license issued under section 185(b), the duration of the operating phase of the license period shall not be less than the duration of the operating license if application had been made for separate construction and operating licenses.''.

SEC. 512. SCOPE OF ENVIRONMENTAL REVIEW.

(a) In General.--Chapter 10 of title I of the Atomic Energy act of 1954 (42 U.S.C. 2131 et seq.) is amended--

(1) by redesignating sections 110 and 111 as section 111 and 112, respectively; and

(2) by inserting after section 109 the following:

``SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW.

``In conducting any environmental review (including any activity conducted under section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332)) in connection with an application for a license or a renewed license under this chapter, the Commission shall not give any consideration to the need for, or any alternative to, the facility to be licensed.''.

(b) Conforming Amendments.--

(1) The Atomic Energy Act of 1954 is amended--

(A) in the table of contents (42 U.S.C. prec. 2011), by striking the items relating to section 110 and inserting the following:

``Sec. 110. Scope of environmental review.

``Sec. 111. Exclusions.

``Sec. 112. Licensing by Nuclear Regulatory Commission of distribution of certain materials by Department of Energy.'';

(B) in the last sentence of section 57b. (42 U.S.C. 2077(b)), by striking ``section 111 b.'' and inserting

``section 112b.''; and

(2) Section 202 of the Energy Reorganization Act o f 1974

(42 U.S.C. 5842) is amended--

(A) by striking ``section 110 a.'' and inserting ``section 111a.''; and

(B) by striking ``section 110 b.'' and inserting ``section 111b.''.

Subtitle C--NRC Regulatory Reform

SEC. 521. ELIMINATION OF DUPLICATIVE ANTITRUST REVIEW.

Section 105 of the Atomic Energy Act of 1954 (42 U.S.C. 2135) is amended by striking subsection c. and inserting the following:

``c. Conditions.--

``(1) In general.--A condition for a grant of a license imposed by the Commission under this section shall remain in effect until the condition is modified or removed by the Commission.

``(2) Modification.--If a person that is licensed to construct or operate a utilization or production facility applies for reconsideration under this section of a condition imposed in the person's license, the Commission shall conduct a proceeding, on an expedited basis, to determine whether the license condition--

``(A) is necessary to ensure compliance with subsection a.; or

``(B) should be modified or removed.''.

SEC. 522. HEARING PROCEDURES.

Section 189a.(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2239(a)(1)) is amended by adding at the end the following:

``(C) Hearings.--A hearing under this section shall be conducted using informal adjudicatory procedures unless the Commission determines that formal adjudicatory procedures are necessary--

``(i) to develop a sufficient record; or

``(ii) to achieve fairness.''.

SEC. 523. AUTHORITY OVER FORMER LICENSEES FOR DECOMMISSIONING

FUNDING.

Section 161i. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(i)) is amended--

(1) by striking ``and (3)'' and inserting ``(3)''; and

(2) by inserting before the semicolon at the end the following: ``, and (4) to ensure that sufficient funds will be available for the decommissioning of any production or utilization facility licensed under section 103 or 104b., including standards and restrictions governing the control, maintenance, use, and disbursement by any former licensee under this Act that has control over any fund for the decommissioning of the facility''.

Subtitle D--NRC Personnel Crisis

SEC. 531. ELIMINATION OF PENSION OFFSET.

Section 161 of the Atomic Energy Act of 1954 (42 U.S.C. 2201) is amended by adding at the end the following:

``y. exempt from the application of sections 8344 and 8468 of title 5, United States Code, an annuitant who was formerly an employee of the Commission who is hired by the Commission as a consultant, if the Commission finds that the annuitant has a skill that is critical to the performance of the duties of the Commission.''.

SEC. 532. CONTRACTS WITH THE NATIONAL LABORATORIES.

Section 170A of the Atomic Energy Act of 1954 (42 U.S.C. 2210a) is amended by striking subsection c. and inserting the following:

``c. Contracts, Agreements, and Other Arrangements With the National Laboratories.--Notwithstanding subsection b. and notwithstanding the potential for a conflict of interest that cannot be avoided, the Commission may enter into a contract, agreement, or other arrangement with a national laboratory if the Commission takes reasonable steps to mitigate the effect of the conflict of interest.''.

SEC. 533. NRC TRAINING PROGRAM.

(a) In General.--In order to maintain the human resource investment and infrastructure of the United States in the nuclear sciences, health physics, and engineering fields, in accordance with the statutory authorities of the Commission relating to the civilian nuclear energy program, the Nuclear Regulatory Commission shall carry out a training and fellowship program to address shortages of individuals with critical safety skills.

(b) Authorization of Appropriations.--

(1) In general.--There are authorized to be appropriated to carry out this section $1,000,000 for each of fiscal years 2002 through 2005.

(2) Availability.--Funds made available under paragraph (1) shall remain available until expended.

____

SA 3025. Mr. INHOFE (for himself and Mr. Conrad) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 407, line 4, after ``including'', insert ``flexible alternating current transmission systems,''.

____

SA 3026. Ms. LANDRIEU submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

On page 247, between lines 10 and 11, insert the following:

SEC. 903. STATE ENERGY PLANS.

(a) In General.--No later than 1 year after the date of enactment of this Act, each State shall submit to the Secretary of Energy a plan that outlines possible methodologies that would ensure that, by the date that is 10 years after the date of submission of the report, the amount of energy produced in the State will be equal to at least 85 percent of the amount of energy consumed in the State (as those amounts are measured by the Energy Information Agency).

(b) Failure To Submit a Plan.--

(1) In general.--After the date that is 1 year after the date of enactment of this Act, a State that has not submitted a plan under subsection (a) shall not receive any funding authorized by this Act or any amendment made by this Act until the State submits a report.

(2) Exception.--Paragraph (1) does not apply to funding authorized under subsection (b) or (e) of section 2602 of the Low Income Housing Energy Assistance Act of 1981 (42 U.S.C. 8621).

____

SA 3027. Mr. CRAIG submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

Strike Title II and insert:

``TITLE II--ELECTRICITY

``Subtitle A--Consumer Protections

``SEC. 201. INFORMATION DISCLOSURE.

``(a) Offers and Solicitations.--The Federal Trade Commission shall issue rules requiring each electric utility that makes an offer to sell electric energy, or solicits electric consumers to purchase electric energy to provide the electric consumer a statement containing the following information:

``(1) the nature of the service being offered, including information about interruptibility of service;

``(2) the price of the electric energy, including a description of any variable charges;

``(3) a description of all other charges associated with the service being offered, including access charges, exit charges, back-up service charges, stranded cost recovery charges, and customer service charges; and

``(4) information the Federal Trade Commission determines is technologically and economically feasible to provide, is of assistance to electric consumers in making purchasing decisions, and concerns--

``(A) the product or its price;

``(B) the share of electric energy that is generated by each fuel type; and

``(C) the environmental emissions produced in generating the electric energy.

``(b) Periodic Billings.--The Federal Trade Commission shall issue rules requiring any electric utility that sells electric energy to transmit to each of its electric consumers, in addition to the information transmitted pursuant to section 115(f) of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2625(f)), a clear and concise statement containing the information described in subsection

(a)(4) for each billing period (unless such information is not reasonably ascertainable by the electric utility).

``SEC. 202. CONSUMER PRIVACY.

``(a) Prohibition.--The Federal Trade Commission shall issue rules prohibiting any electric utility that obtains consumer information in connection with the sale or delivery of electric energy to an electric consumer from using, disclosing, or permitting access to such information unless the electric consumer to whom such information relates provides prior written approval.

``(b) Permitted Use.--The rules issued under this section shall not prohibit any electric utility from using, disclosing, or permitting access to consumer information referred to in subsection (a) for any of the following purposes.

``(1) to facilitate an eclectic consumer's change in selection of an electric utility under procedures approved by the State or State regulatory authority;

``(2) to initiate, render, bill, or collect for the sale or delivery of electric energy to electric consumers or for related services;

``(3) to protect the rights or property of the person obtaining such information;

``(4) to protect retail electric consumers from fraud, abuse, and unlawful subscription in the sale or delivery of electric energy to such consumers;

``(5) for law enforcement purposes; or

``(6) for purposes of compliance with any Federal, State, or local law or regulation authorizing disclosure of information to a Federal, State, or local agency.

``(c) Aggregate Consumer Information.--The rules issued under this subsection may permit a person to use, disclose, and permit access to aggregate consumer information and may require an electric utility to make such information available to other electric utilities upon request and payment of a reasonable fee.

``(d) Definitions.--As used in this section:

``(1) The term ``aggregate consumer information'' means collective data that relates to a group or category of retail electric consumers, from which individual consumer identifies and characteristics have been removed.

``(2) The term ``consumer information'' means information that relates to the quantity, technical configuration, type, destination, or amount of use of electric energy delivered to any retail electric consumer.

``SEC. 203. UNFAIR TRADE PRACTICES.

``(a) Slamming.--The Federal Trade Commission shall issue rules prohibiting the change of selection of an electric utility except with the informed consent of the electric consumer.

``(b) Cramming.--The Federal Trade Commission shall issue rules prohibiting the sale of goods and services to an electric consumer unless expressly authorized by law or the electric consumer.

``SEC. 204. APPLICABLE PROCEDURES.

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

``SEC. 205. FEDERAL TRADE COMMISSION ENFORCEMENT.

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

``SEC. 206. STATE AUTHORITY.

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

``SEC. 207. DEFINITIONS.

``As used in this subtitle:

``(1) The term `aggregate consumer information' means collective data that relates to a group or category of electric consumers, from which individual consumer identities and identifying characteristics have been removed.

``(2) The term `consumer information' means information that relates to the quantity technical configuration, type, destination, or amount of use of electric energy delivered to an electric consumer.

``(3) The term `electric consumer', `electric utility', and

`State regulatory authority' have the meanings given such terms in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602).

``Subtitle B--Electric Reliability

``SEC. 208 ELECTRIC RELIABILITY.

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

``SEC. 216. ELECTRIC RELIABILITY.

``(a) Definitions.--For purposes of this section--

``(1) `bulk-power system' means the network of interconnected transmission facilities and generating facilities;

``(3) `reliability standard' means a requirement to provide for reliable operation of the bulk power system approved by the Commission under this section.

``(c) Certification.--

``(1) The Commission shall issue a final rule to implement the requirements of this section not later than 180 days after the date of enactment of this section.

``(A) has the ability to develop, and enforce reliability standards that provide for an adequate level of reliability of the bulk-power system;

``(B) has established rules that--

``(ii) allocate equitably dues, fees, and other charges among end users for all activities under this section;

``(iv) provide for reasonable notice and opportunity for public comment, due process, openness, and balance of interests in developing reliability standards and otherwise exercising its duties.

``(d) Reliability Standards.--

``(1) An electric reliability organization shall file a proposed reliability standard or modification to a reliability standard with the Commission.

``(e) Enforcement.--

``(1) An electric reliability organization may impose a penalty on a user or owner or operator of the bulk power system if the electric reliability organization, after notice and an opportunity for a hearing--

``(A) finds that the user or owner or operator of the bulk power system has violated a reliability standard approved by the Commission under subsection (d); and

``(B) files notice with the Commission, which shall affirm, set aside or modify the action.

(B) and the agreement promotes effective and efficient administration of bulk power system reliability, and may modify such delegation. The electric reliability organization and the Commission shall rebuttably presume that a proposal for delegation to a regional entity organized on an interconnection-wide basis promotes effective and efficient administration of bulk power system reliability and shall be approved. Such regulation may provide that the Commission may assign the electric reliability organization's authority to enforce reliability standards directly to a regional entity consistent with the requirements of this paragraph.

``(f) Changes in Electric Reliability Organization Rules.--An electric reliability organization shall file with the Commission for approval any proposed rule or proposed rule change, accompanied by an explanation of its basis and purpose. The Commission, upon its own motion or complaint, may propose a change to the rules of the electric reliability organization. A proposed rule or proposed rule change shall take effect upon a finding by the Commission, after notice and opportunity for comment,that the change is just, reasonable, not unduly discriminatory or preferential, is in the public interest, and satisfies the requirements of subsection (c)(2).

``(g) Coordination With Canada and Mexico.--

``(1) The electric reliability organization shall take all appropriate steps to gain recognition in Canada and Mexico.

``(h) Reliability Reports.--The electric reliability organization shall conduct periodic assessments of the reliability and adequacy of the interconnected bulk-power system in North America.

``(i) Savings Provisions.--

``(1) The electric reliability organization shall have authority to develop and enforce compliance with standards for the reliable operation of only the bulk-power system.

``(3) Nothing in this section shall be construed to preempt any authority of any State to take action to ensure the safety, adequacy, and reliability of electric service within the State, as long as such action is not inconsistent with any reliability standard.

``(5) The Commission, after consultation with the electric reliability organization, may stay the effectiveness of any state action, pending the Commission's issuance of a final order.

``(j) Application of Antitrust Laws.--

``(A) activities undertaken by an electric reliability organization under this section, and

``(B) activities of a user or owner or operator of the bulk power system undertaken in good faith under the rules of an electric reliability organization.

``(3) Definition.--For purposes of this subsection,

`antitrust laws' has the meaning given the term in subsection

``(k) Regional Advisory Bodies.--The Commission shall establish a regional advisory body on the petition of at least two-thirds of the States within a region that have more than one-half of their electric load served within the region. A regional advisory body shall be composed of one member from each participating State in the region, appointed by the Governor of each State, and may include representatives of agencies, States, and provinces outside the United States. A regional advisory body may provide advice to the electric reliability organization, a regional reliability entity, or the Commission regarding the governance of an existing or proposed regional reliability entity within the same region, whether a standard proposed to apply within the region is just, reasonable, not unduly discriminatory or preferential, and in the public interest, whether fees proposed to be assessed within the region are just, reasonable, not unduly discriminatory or preferential, and in the public interest and any other responsibilities requested by the Commission. The Commission may give deference to the advice of any such regional advisory body if that body is organized on an interconnection-wide basis.

``(1) Application to alaska and hawaii.--The provisions of this section do not apply to Alaska or Hawaii.''

``Subtitle B--Amendments to the Public Utility Holding Company Act

``SEC. 209. SHORT TITLE.

``This subtitle may be cited as the ``Public Utility Holding Company Act of 2002''.

``SEC. 210. DEFINITIONS.

``For purposes of this subtitle:

``(1) The term ``affiliate'' of a company means any company, 5 percent or more of the outstanding voting securities of which are owned, controlled, or held with power to vote, directly or indirectly, by such company.

``(2) The term ``associate company'' of a company means any company in the same holding company system with such company.

``(3) The term ``Commission'' means the Federal Energy Regulatory Commission.

``(4) The term ``company'' means a corporation, partnership, association, joint stock company, business trust, or any organized group of persons, whether incorporated or not, or a receiver, trustee, or other liquidating agent of any of the foregoing.

``(5) The term ``electric utility company'' means any company that owns or operates facilities used for the generation, transmission, or distribution of electric energy for sale.

``(6) The terms ``exempt wholesale generator'' and

``foreign utility company'' have the same meanings as in sections 32 and 33, respectively, of the Public Utility Holding Company Act of 1935 (15 U.S.C. 79z-5a, 79z-5b), as those sections existed on the day before the effective date of this subtitle.

``(7) The term ``gas utility company'' means any company that owns or operates facilities used for distribution at retail (other than the distribution only in enclosed portable containers or distribution to tenants or employees of the company operating such facilities for their own use and not for resale) of natural or manufactured gas for heat, light, or power.

``(8) The term ``holding company'' means--

``(A) any company that directly or indirectly owns, controls, or holds, with power to vote, 10 percent or more of the outstanding voting securities of a public utility company or of a holding company of any public utility company; and

``(B) any person, determined by the Commission, after notice and opportunity for hearing, to exercise directly or indirectly (either alone or pursuant to an arrangement or understanding with one or more persons) such a controlling influence over the management or policies of any public utility company or holding company as to make it necessary or appropriate for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this subtitle upon holding companies.

``(9) The term `holding company system' means a holding company, together with its subsidiary companies.

``(10) The term `jurisdictional rates' means rates established by the Commission for 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, and the sale in interstate commerce of natural gas for resale for ultimate public consumption for domestic, commercial, industrial, or any other use.

``(11) The term `natural gas company' means a person engaged in the transportation of natural gas in interstate commerce or the sale of such gas in interstate commerce for resale.

``(12) The term `person' means an individual or company.

``(13) The term `public utility' means any person who owns or operates facilities used for transmission of electric energy in interstate commerce or sales of electric energy at wholesale in interstate commerce.

``(14) The term `public utility company' means an electric utility company or a gas utility company.

``(15) The term `State commission' means any commission, board, agency, or officer, by whatever name designated, of a State, municipality, or other political subdivision of a State that, under the laws of such State, has jurisdiction to regulate utility companies.

``(16) The term `subsidiary company' of a holding company means--

``(A) any company, 10 percent or more of the outstanding voting securities of which are directly or indirectly owned, controlled, or held with power to vote, by such holding company; and

``(B) any person, the management or policies of which the Commission, after notice and opportunity for hearing, determines to be subject to a controlling influence, directly or indirectly, by such holding company (either alone or pursuant to an arrangement or understanding with one or more other persons) so as to make it necessary for the rate protection of utility customers with respect to rates that such person be subject to the obligations, duties, and liabilities imposed by this subtitle upon subsidiary companies of holding companies.

``(17) The term `voting security' means any security presently entitling the owner or holder thereof to vote in the direction or management of the affairs of a company.

``SEC. 211. REPEAL OF THE PUBLIC UTILITY HOLDING COMPANY ACT

OF 1935.

``The Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) is repealed.

``SEC. 212. FEDERAL ACCESS TO BOOKS AND RECORDS.

``(a) In General.--Each holding company and each associate company thereof shall maintain, and shall make available to the Commission, such books, accounts, memoranda, and other records as the Commission deems to be relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates.

``(b) Affiliate Companies.--Each affiliate of a holding company or of any subsidiary company of a holding company shall maintain, and shall make available to the Commission, such books, accounts, memoranda, and other records with respect to any transaction with another affiliate, as the commission deems to be relevant to costs incurred by a public utility or natural gas company that is an associate company of such holding company and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates.

``(c) Holding Company Systems.--The Commission may examine the books, accounts, memoranda, and other records of any company in a holding company system, or any affiliate thereof, as the Commission deems to be relevant to costs incurred by a public utility or natural gas company within such holding company system and necessary or appropriate for the protection of utility customers with respect to jurisdictional rates.

``(d) Confidentiality.--No member, officer, or employee of the Commission shall divulge any fact or information that may come to his or her knowledge during the course of examination of books, accounts, memoranda, or other records as provided in this section, except as may be directed by the Commission or by a court of competent jurisdiction.

``SEC. 213. STATE ACCESS TO BOOKS AND RECORDS.

``(a) In General.--Upon the written request of a State commission having jurisdiction to regulate a public utility company in a holding company system, the holding company or any associate company or affiliate thereof, other than such public utility company, wherever located, shall produce for inspection books, accounts, memoranda, and other records that--

``(1) have been identified in reasonable detail by the State commission;

``(2) the State commission deems are relevant to costs incurred by such public utility company; and

``(3) are necessary for the effective discharge of the responsibilities of the State commission with respect to such proceeding.

``(b) Limitation.--Subsection (a) does not apply to any person that is a holding company solely by reason of ownership of one or more qualifying facilities under the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.).

``(c) Confidentiality of Information.--The production of books, accounts memoranda, and other records under subsection

(a) shall be subject to such terms and conditions as may be necessary and appropriate to safeguard against unwarranted disclosure to the public of any trade secrets or sensitive commercial information.

``(d) Effect on State Law.--Nothing in this section shall preempt applicable State law concerning the provision of books, accounts, memoranda, and other records, or in any way limit the rights of any State to obtain books, accounts, memoranda, and other records under any other Federal law, contract, or otherwise.

``(e) Court Jurisdiction.--Any United States district court located in the State in which the State commission referred to in subsection (a) is located shall have jurisdiction to enforce compliance with this section.

``SEC. 214. EXEMPTION AUTHORITY.

``(a) Rulemaking.--Not later than 90 days after the effective date of this subtitle, the Commission shall promulgate a final rule to exempt from the requirements of section 224 any person that is a holding company, solely with respect to one or more--

``(1) qualifying facilities under the Public Utility Regulatory Policies of Act of 1978 (16 U.S.C. 2601 et seq.);

``(2) exempt wholesale generators; or

``(3) foreign utility companies.

``(b) Other Authority.--The Commission shall exempt a person or transaction from the requirements of section 224, if, upon application or upon the motion of the Commission--

``(1) the Commission finds that the books, accounts, memoranda, and other records of any person are not relevant to the jurisdictional rates of a public utility or natural gas company; or

``(2) the Commission finds that any class of transactions is not relevant to the jurisdictional rates of a public utility or natural gas company.

``SEC 215. AFFILIATE TRANSACTIONS.

``(a) Commission Authority Unaffected.--Nothing in this subtitle shall limit the authority of the Commission under the Federal Power Act (16 U.S.C. 791a et seq.) to require that jurisdictional rates are just and reasonable, including the ability to deny or approve the pass through of costs, the prevention of cross-subsidization, and the promulgation of such rules and regulations as are necessary or appropriate for the protection of utility consumers.

``(b) Recovery of Costs.--Nothing in this subtitle shall preclude the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to determine whether a public utility company, public utility, or natural gas company may recover in rates any costs of an activity performed by an associate company, or any costs of goods or services acquired by such public utility company from an associate company.

``SEC. 216. APPLICABILITY.

``Except as otherwise specifically provided in this subtitle, no provision of this subtitle shall apply to, or be deemed to include--

``(1) the United States;

``(2) a State or any political subdivision of a State;

``(3) any foreign governmental authority not operating in the United States;

``(4) any agency, authority, or instrumentality of any entity referred to in paragraph (1), (2), or (3); or

``(5) any officer, agent, or employee of any entity referred to in paragraph (1), (2), or (3) acting as such in the course of his or her official duty.

``SEC. 217. EFFECT ON OTHER REGULATIONS.

``Nothing in this subtitle precludes the Commission or a State commission from exercising its jurisdiction under otherwise applicable law to protect utility customers.

``SEC. 218. ENFORCEMENT.

``The Commission shall have the same powers as set forth in sections 306 through 317 of the Federal Power Act (16 U.S.C. 825e-825p) to enforce the provisions of this subtitle.

``SEC. 219. SAVINGS PROVISIONS.

``(a) In General.--Nothing in this subtitle prohibits a person from engaging in or continuing to engage in activities or transactions in which it is legally engaged or authorized to engage on the effective date of this subtitle.

``(b) Effect on Other Commission Authority.--Nothing in this subtitle limits the authority of the Commission under the Federal Power Act (16 U.S.C. 791a et seq.) (including section 301 of that Act) or the Natural Gas Act (15 U.S.C. 717 et seq.) (including section 8 of that Act).

``SEC. 220. IMPLEMENTATION.

``Not later than 18 months after the date of enactment of this subtitle, the Commission shall--

``(1) promulgate such regulations as may be necessary or appropriate to implement this subtitle (other than section 225); and

``(2) submit to the Congress detailed recommendations on technical and conforming amendments to Federal law necessary to carry out this subtitle and the amendments made by this subtitle.

``SEC. 221. TRANSFER OF RESOURCES.

``All books and records that relate primarily to the functions transferred to the Commission under this subtitle shall be transferred from the Securities and Exchange Commission to the Commission.

``SEC. 222. INTER-AGENCY REVIEW OF COMPETITION IN THE

WHOLESALE AND RETAIL MARKETS FOR ELECTRIC

ENERGY.

``(a) Task Force.--There is established an inter-agency task force, to be known as the ``Electric Energy Market Competition Task Force'' (referred to in this section as the

``task force''), which shall consist of--

``(1) 1 member each from--

``(A) the Department of Justice, to be appointed by the Attorney General of the United States;

``(B) the Federal Energy Regulatory Commission, to be appointed by the chairman of that Commission; and

``(C) the Federal Trade Commission, to be appointed by the chairman of that Commission; and

``(2) 2 advisory members (who shall not vote), of whom--

``(A) I shall be appointed by the Secretary of Agriculture to represent the Rural Utility Service; and

``(B) 1 shall be appointed by the Chairman of the Securities and Exchange Commission to represent that Commission.

``(b) Study and Report.--

``(1) Study.--The task force shall perform a study and analysis of the protection and promotion of competition within the wholesale and retail market for electric energy in the United States.

``(2) Report.--

``(A) Final report.--Not later than 1 year after the effective date of this subtitle, the task force shall submit a final report of its findings under paragraph (1) to the Congress.

``(B) Public comment.--At least 60 days before submission of a final report to the Congress under subparagraph (A), the task force shall publish a draft report in the Federal Register to provide for public comment.

``(c) Focus.--The study required by this section shall examine--

``(1) the best means of protecting competition within the wholesale and retail electric market;

``(2) activities within the wholesale and retail electric market that may allow unfair and unjustified discriminatory and deceptive practices;

``(3) activities within the wholesale and retail electric market, including mergers and acquisitions, that deny market access or suppress competition;

``(4) cross-subsidization that may occur between regulated and nonregulated activities; and

``(5) the role of State public utility commissions in regulating competition in the wholesale and retail electric market.

``(d) Consultation.--In performing the study required by this section, the task force shall consult with and solicit comments from its advisory members, the States, representatives of the electric power industry, and the public.

``SEC. 223. GAO STUDY ON IMPLEMENTATION.

``(a) Study.--The Comptroller General shall conduct a study of the success of the Federal Government and the States during the 18-month period following the effective date of this subtitle in--

``(1) the prevention of anticompetitive practices and other abuses by public utility holding companies, including cross-subsidization and other market power abuses; and

``(2) the promotion of competition and efficient energy markets to the benefit of consumers.

``(b) Report to Congress.--Not earlier than 18 months after the effective date of this subtitle or later than 24 months after that effective date, the Comptroller General shall submit a report to the Congress on the results of the study conducted under subsection (a), including probable causes of its findings and recommendations to the Congress and the States for any necessary legislative changes.

``SEC. 224. EFFECTIVE DATE.

``This subtitle shall take effect 18 months after the date of enactment of this subtitle.

``SEC. 237. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated such funds as may be necessary to carry out this subtitle.

``SEC. 225. CONFORMING AMENDMENTS TO THE FEDERAL POWER ACT.

``(a) Section 318 of the Federal Power Act (16 U.S.C. 825q) is repealed.

``(b) Section 201(g) of the Federal Power Act (16 U.S.C. 824(g)) is amended by striking ``1935'' and inserting

``2002''.

``(c) Section 214 of the Federal Power Act (16 U.S.C. 824m) is amended by striking ``1935'' and inserting ``2002''.

``Subtitle C--Amendments to the Public Utility Regulatory Policies Act of 1978

``SEC. 244. COGENERATION AND SMALL POWER PRODUCTION PURCHASE

AND SALE REQUIREMENTS.

``(a) Termination of Mandatory Purchase and Sale Requirements.--Section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) is amended by adding at the end the following:

``(m) Termination of Mandatory Purchase and Sale Requirements.--

``(1) In general.--After the date of enactment of this subsection, no electric utility shall be required to enter into a new contract or obligation to purchase or sell electric energy under this section.

``(2) No effect on existing rights and remedies.--Nothing in this subsection affects the rights or remedies of any party with respect to the purchase or sale of electric energy or capacity from or to a facility under this section under any contract or obligation to purchase or to sell electric energy or capacity on the date of enactment of this subsection, including--

``(A) the right to recover costs of purchasing such electric energy or capacity; and

(B) in States without competition for retail electric supply, the obligation of a utility to provide, at just and reasonable rates for consumption by a qualifying small power production facility or a qualifying cogeneration facility, backup, standby, and maintenance power.

``(3) Recovery of costs.--

``(A) Regulation.--To ensure recovery by an electric utility that purchases electric energy or capacity from a qualifying facility pursuant to any legally enforceable obligation entered into or imposed under this section before the date of enactment of this subsection, of all prudently incurred costs associated with the purchases, the Commission shall issue and enforce such regulations as may be required to ensure that the electric utility shall collect the prudently incurred costs associated with such purchases.

``(B) Enforcement.--A regulation under subparagraph (A) shall be enforceable in accordance with the provisions of law applicable to enforcement of regulations under the Federal Power Act (16 U.S.C. 791a et seq.).'

``(b) Elimination of Ownership Limitation.--

``(1) Section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) is amended to read as follows;

``(C) `qualifying small power production facility' means a small power production facility that the commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe.'.

``(2) Section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)) is amended to read as follows:

``(B) `qualifying cogeneration facility' means a cogeneration facility that the commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe.''.

____

SA 3028. Mr. LOTT proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:

At the appropriate place, add the following:

``SEC. . FAIR TREATMENT OF PRESIDENTIAL JUDICIAL NOMINEES.

(a) Findings.--The Senate finds that--

(1) The Senate Judiciary Committee's pace in acting on judicial nominees thus far in this Congress has caused the number of judges confirmed by the Senate to fall below the number of judges who have retired during the same period, such that the 67 judicial vacancies that existed when Congress adjourned under President Clinton's last term in office in 2000 have now grown to 96 judicial vacancies, which represents an increase from 7.9 percent to 11 percent in the total number of Federal judgeships that are currently vacant;

(2) thirty one of the 96 current judicial vacancies are on the United States Courts of Appeals, representing a 17.3 percent vacancy rate for such seats;

(3) seventeen of the 31 vacancies on the Courts of Appeals have been declared ``judicial emergencies'' by the Administrative Office of the U.S. Courts;

(4) during the first 2 years of President Reagan's first term, 19 of the 20 circuit court nominations that he submitted to the Senate were confirmed; and during the first 2 years of President George H. W. Bush's term, 22 of the 23 circuit court nominations that he submitted to the Senate were confirmed; and during the first 2 years of President Clinton's first term, 19 of the 22 circuit court nominations that he submitted to the Senate were confirmed; and

(5) only 7 of President George W. Bush's 29 circuit court nominees have been confirmed to date, representing just 24 percent of such nominations submitted to the Senate.

(b) Sense of the Senate.--It is the Sense of the Senate that, in the interests of the administration of justice, the Senate Judiciary Committee shall hold hearings on the nominees submitted by the President on May 9, 2001, by May 9, 2002.

____

SA 3029. Mr. REID (for Mr. Allard) proposed an amendment to the bill S. 1372, to reauthorize the Export-Import Bank of the United States; as follows:

At the end of the bill, add the following:

SEC. 7. INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK.

(a) Establishment of Position.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--

(1) in paragraph (1), by striking ``or the Board of Directors of the Tennessee Valley Authority;'' and inserting

``the Board of Directors of the Tennessee Valley Authority; or the President of the Export-Import Bank;''; and

(2) in paragraph (2), by striking ``or the Tennessee Valley Authority;'' and inserting ``the Tennessee Valley Authority, or the Export-Import Bank,''.

(b) Special Provisions.--The Inspector General Act of 1978 is amended--

(1) by redesignating section 8I as section 8J and inserting after section 8H the following new section:

``Sec. 8I. Special Provisions Relating to the Export-Import

Bank of the United States

``(a) In General.--The Inspector General of the Export-Import Bank shall not prevent or prohibit the Audit Committee from initiating, carrying out, or completing any audit or investigation or undertaking any other activities in the performance of the duties and responsibilities of the Audit Committee, including auditing the financial statements of the Export-Import Bank, determining when it is appropriate to use independent external auditors, and selecting independent external auditors. In carrying out the duties and responsibilities of Inspector General, the Inspector General of the Export-Import Bank shall not be prevented or prohibited from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation. The Audit Committee shall make available to the Inspector General of the Export-Import Bank the reports of all audits the Committee undertakes in the discharge of its duties and responsibilities.

``(b) Audit Committee.--For purposes of this section, the term `Audit Committee' means the Audit Committee of the Board of Directors of the Export-Import Bank or any successor thereof.'';

(2) in section 8J (as redesignated), by striking ``or 8H of this Act'' and inserting ``8H, or 8I of this Act''.

(c) Executive Level IV.--Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Inspector General of the Environmental Protection Agency the following:

``Inspector General, Export-Import Bank.''.

(d) Initial Implementation.--Section 9(a)(2) of the Inspector General Act of 1978 is amended by inserting ``to the Office of the Inspector General,'' after ``(2)''.

(e) Technical Corrections.--Section 11 of the Inspector General Act of 1978 is amended--

(1) in paragraph (1)--

(A) by striking the second semicolon after ``Community Service'';

(B) by striking ``and'' after ``Financial Institutions Fund;''; and

(2) in paragraph (2), by striking the second comma after

``Community Service''.

(f) Effective Date.--The amendments made by this section shall take effect on October 1, 2002.

____

SA 3030. Mr. SCHUMER submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerhships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 186, strike line 9 and all that follows through page 205, line 8.

On page 236, strike lines 7 through 9 and insert the following:

is amended--

(1) by redesignating subsection (o) as subsection (p); and

(2) by inserting after subsection (n) the following:

``(o) Analyses of Motor Vehicle Fuel Changes.--

____________________

SOURCE: Congressional Record Vol. 148, No. 29

March 14, 2002 sees Congressional Record publish “TEXT OF AMENDMENTS”

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