S 1766 PCS
Calendar No. 259
107th CONGRESS
1st Session
S. 1766
To provide for the energy security of the Nation, and for other
purposes.
IN THE SENATE OF THE UNITED STATES
December 5, 2001
Mr. DASCHLE (for himself and Mr. BINGAMAN) introduced the following bill;
which was read the first time
December 6, 2001
Read the second time and placed on the calendar
A BILL
To provide for the energy security of the Nation, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Energy Policy Act of 2002'.
SEC. 2. TABLE OF CONTENTS.
Sec. 2. Table of contents.
DIVISION A--RELIABLE AND DIVERSE POWER GENERATION AND TRANSMISSION
TITLE I--REGIONAL COORDINATION
Sec. 101. Policy on regional coordination.
Sec. 102. Federal support for regional coordination.
TITLE II--ELECTRICITY
Subtitle A--Amendments to the Federal Power Act
Sec. 202. Electric utility mergers.
Sec. 203. Market-based rates.
Sec. 204. Refund effective date.
Sec. 205. Transmission interconnections.
Sec. 206. Open access transmission by certain utilities.
Sec. 207. Electric reliability standards.
Sec. 208. Market transparency rules.
Sec. 209. Access to transmission by intermittent generators.
Subtitle B--Amendments to the Public Utility Holding Company Act
Sec. 223. Repeal of the Public Utility Holding Company Act of
1935.
Sec. 224. Federal access to books and records.
Sec. 225. State access to books and records.
Sec. 226. Exemption authority.
Sec. 227. Affiliate transactions.
Sec. 229. Effect on other regulations.
Sec. 231. Savings provisions.
Sec. 232. Implementation.
Sec. 233. Transfer of resources.
Sec. 234. Inter-agency review of competition in the wholesale and retail
markets for electric energy.
Sec. 235. GAO study on implementation.
Sec. 236. Effective date.
Sec. 237. Authorization of appropriations.
Sec. 238. Conforming amendments to the Federal Power Act.
Subtitle C--Amendments to the Public Utility Regulatory Policies Act of
1978
Sec. 241. Real-time pricing standard.
Sec. 242. Adoption of additional standards.
Sec. 243. Technical assistance.
Sec. 244. Cogeneration and small power production purchase and sale
requirements.
Subtitle D--Consumer Protections
Sec. 251. Information disclosure.
Sec. 252. Consumer privacy.
Sec. 253. Unfair trade practices.
Sec. 254. Applicable procedures.
Sec. 255. Federal Trade Commission enforcement.
Sec. 256. State authority.
Sec. 257. Application of subtitle.
Subtitle E--Renewable Energy and Rural Construction Grants
Sec. 261. Renewable energy production incentive.
Sec. 262. Assessment of renewable energy resources.
Sec. 263. Federal purchase requirement.
Sec. 264. Rural construction grants.
Sec. 265. Renewable portfolio standard.
Sec. 266. Renewable energy on Federal land.
TITLE III--HYDROELECTRIC RELICENSING
Sec. 301. Alternative conditions.
Sec. 302. Charges for tribal lands.
Sec. 303. Disposition of hydroelectric charges.
Sec. 304. Annual licenses.
Sec. 306. Establishment of hydroelectric relicensing procedures.
Sec. 307. Relicensing study.
Sec. 308. Data collection procedures.
TITLE IV--INDIAN ENERGY
Sec. 401. Comprehensive Indian energy program.
Sec. 402. Office of Indian Energy Policy and Programs.
Sec. 403. Conforming amendments.
Sec. 404. Siting energy facilities on tribal lands.
Sec. 405. Indian Mineral Development Act review.
Sec. 406. Renewable energy study.
Sec. 407. Federal Power Marketing Administrations.
Sec. 408. Feasibility study of combined wind and hydropower
demonstration project.
TITLE V--NUCLEAR POWER
Subtitle A--Price-Anderson Act Reauthorization
Sec. 502. Extension of Department of Energy indemnification
authority.
Sec. 503. Department of Energy liability limit.
Sec. 504. Incidents outside the United States.
Sec. 506. Inflation adjustment.
Sec. 507. Civil penalties.
Sec. 508. Effective date.
Subtitle B--Miscellaneous Provisions
Sec. 512 Reauthorization of thorium reimbursement.
Sec. 513. Fast Flux Test Facility.
DIVISION B--DOMESTIC OIL AND GAS PRODUCTION AND TRANSPORTATION
TITLE VI--OIL AND GAS PRODUCTION
Sec. 601. Permanent authority to operate the Strategic Petroleum
Reserve.
Sec. 602. Federal onshore leasing programs for oil and gas.
Sec. 603. Oil and gas lease acreage limitations.
Sec. 604. Hydraulic fracturing.
Sec. 605. Orphaned wells on Federal lands.
Sec. 606. Orphaned and abandoned oil and gas well program.
Sec. 607. Offshore development.
Sec. 608. Coalbed methane study.
Sec. 609. Fiscal policies to maximize recovery of domestic oil and gas
resources.
Sec. 610. Strategic Petroleum Reserve.
TITLE VII--NATURAL GAS PIPELINES
Subtitle A--Alaska Natural Gas Pipeline
Sec. 703. Issuance of certificate of public convenience and
necessity.
Sec. 704. Environmental reviews.
Sec. 705. Federal coordinator.
Sec. 706. Judicial review.
Sec. 707. Loan guarantee.
Sec. 709. Savings clause.
Sec. 710. Sense of the Senate.
Subtitle B--Operating Pipelines
Sec. 711. Application of the Historic Preservation Act to operating
pipelines.
Sec. 712. Environmental review and permitting of natural gas pipeline
projects.
DIVISION C--DIVERSIFYING ENERGY DEMAND AND IMPROVING EFFICIENCY
TITLE VIII--FUELS AND VEHICLES
Subtitle A--Increased Vehicle Fuel Efficiency
Sec. 801. Increased vehicle fuel efficiency.
Sec. 802. Fuel economy of the federal fleet of automobiles.
Sec. 803. Assistance for State programs to retire fuel-inefficient motor
vehicles.
Subtitle B--Alternative and Renewable Fuels
Sec. 811. Increased use of alternative fuels by federal fleets.
Sec. 812. Exception to HOV passenger requirements for alternative fuel
vehicles.
Sec. 813. Data collection.
Sec. 814. Green school bus pilot program.
Sec. 815. Fuel cell bus development and demonstration program.
Sec. 816. Authorization of appropriations.
Sec. 817. Biodiesel fuel use credits.
Sec. 818. Renewable content of motor vehicle fuel.
Sec. 819. Neighborhood electric vehicles.
Subtitle C--Federal Reformulated Fuels
Sec. 822. Leaking underground storage tanks.
Sec. 823. Authority for water quality protection from fuels.
Sec. 824. Waiver of oxygen content requirement for reformulated
gasoline.
Sec. 825. Public health and environmental impacts of fuels and fuel
additives.
Sec. 826. Analyses of motor vehicle fuel changes.
Sec. 827. Additional opt-in areas under reformulated gasoline
program.
Sec. 828. MBTE merchant producer conversion assistance.
TITLE IX--ENERGY EFFICIENCY AND ASSISTANCE TO LOW INCOME CONSUMERS
Subtitle A--Low Income Assistance and State Energy Programs
Sec. 901. Increased funding for LIHEAP, weatherization assistance, and
State energy grants.
Sec. 902. State energy programs.
Sec. 903. Energy efficient schools.
Sec. 904. Low income community energy efficiency pilot program.
Subtitle B--Federal Energy Efficiency
Sec. 911. Energy management requirements.
Sec. 912. Energy use measurement and accountability.
Sec. 913. Federal building performance standards.
Sec. 914. Procurement of energy efficient products.
Sec. 915. Cost savings from replacement facilities.
Sec. 916. Repeal of energy savings performance contract sunset.
Sec. 917. Energy savings performance contract definitions.
Sec. 918. Review of energy savings performance contract program.
Sec. 919. Federal Energy Bank.
Sec. 920. Energy and water saving measures in Congressional
buildings.
Subtitle C--Industrial Efficiency and Consumer Products
Sec. 921. Voluntary commitments to reduce industrial energy
intensity.
Sec. 922. Authority to set standards for commercial products.
Sec. 923. Additional definitions.
Sec. 924. Additional test procedures.
Sec. 925. Energy labeling.
Sec. 926. Energy Star Program.
Sec. 927. Energy conservation standards for central air conditioners and
heat pumps.
Sec. 928. Energy conservation standards for additional consumer and
commercial products.
Sec. 929. Consumer education on energy efficiency benefits of air
conditioning, heating, and ventilation maintenance.
Subtitle D--Housing Efficiency
Sec. 931. Capacity building for energy efficient, affordable
housing.
Sec. 932. Increase of CDBG public services cap for energy conservation
and efficiency activities.
Sec. 933. FHA mortgage insurance incentives for energy efficient
housing.
Sec. 934. Public housing capital fund.
Sec. 935. Grants for energy-conserving improvements for assisted
housing.
Sec. 936. North American Development Bank.
DIVISION D--INTEGRATION OF ENERGY POLICY AND CLIMATE CHANGE POLICY
TITLE X--CLIMATE CHANGE POLICY FORMULATION
Subtitle A--Global Warming
Sec. 1001. Sense of Congress on global warming.
Subtitle B--Climate Change Strategy
Sec. 1015. United States Climate Change Response Strategy.
Sec. 1016. National Office of Climate Change Response of the Executive
Office of the President.
Sec. 1017. Technology innovation program implemented through the Office
of Climate Change Technology of the Department of Energy.
Sec. 1018. Additional offices and activities.
Sec. 1019. United States Climate Change Response Strategy Review
Board.
Sec. 1020. Authorization of appropriations.
Subtitle C--Science and Technology Policy
Sec. 1031. Global climate change in the Office of Science and Technology
Policy.
Sec. 1032. Establishment of Associate Director for Global Climate
Change.
Subtitle D--Miscellaneous Provisions
Sec. 1041. Additional information for regulatory review.
Sec. 1042. Greenhouse gas emissions from federal facilities.
TITLE XI--GREENHOUSE GAS DATABASE
Sec. 1102. National Greenhouse Gas Emissions Database.
Sec. 1103. Interagency Task Force on Greenhouse Gas Database.
Sec. 1104. Measurement and verification.
DIVISION E--ENHANCING RESEARCH, DEVELOPMENT, AND TRAINING
TITLE XII--ENERGY RESEARCH AND DEVELOPMENT PROGRAMS
Sec. 1204. Construction with other laws.
Subtitle A--Energy Efficiency
Sec. 1211. Enhanced energy efficiency research and development.
Sec. 1212. Energy efficiency science initiative.
Sec. 1213. Next generation lighting initiative.
Sec. 1214. Railroad efficiency.
Subtitle B--Renewable Energy
Sec. 1221. Enhanced renewable energy research and development.
Sec. 1222. Bioenergy programs.
Sec. 1223. Hydrogen research and development.
Subtitle C--Fossil Energy
Sec. 1231. Enhanced fossil energy research and development.
Sec. 1232. Power plant improvement initiative.
Sec. 1233. Research and development for advanced safe and efficient coal
mining technologies.
Sec. 1234. Ultra-deepwater and unconventional resource exploration and
production technologies.
Sec. 1235. Research and development for new natural gas transportation
technologies.
Sec. 1236. Authorization of appropriations for Office of Arctic
Energy.
Subtitle D--Nuclear Energy
Sec. 1241. Enhanced nuclear energy research and development.
Sec. 1242. University nuclear science and engineering support.
Sec. 1243. Nuclear energy research initiative.
Sec. 1244. Nuclear energy plant optimization program.
Sec. 1245. Nuclear energy technology development program.
Subtitle E--Fundamental Energy Science
Sec. 1251. Enhanced programs in fundamental energy science.
Sec. 1252. Nanoscale science and engineering research.
Sec. 1253. Advanced scientific computing for energy missions.
Sec. 1254. Fusion energy sciences program and planning.
Subtitle F--Energy, Safety, and Environmental Protection
Sec. 1261. Critical energy infrastructure protection research and
development.
Sec. 1262. Pipeline integrity, safety, and reliability research and
development.
Sec. 1263. Research and demonstration for remediation of groundwater
from energy activities.
TITLE XIII--CLIMATE CHANGE RESEARCH AND DEVELOPMENT
Subtitle A--Department of Energy Programs
Sec. 1301. Program goals.
Sec. 1302. Department of Energy global change science research.
Sec. 1303. Amendments to the Federal Nonnuclear Research and Development
Act of 1974.
Subtitle B--Department of Agriculture Programs
Sec. 1311. Carbon sequestration basic and applied research.
Sec. 1312. Carbon sequestration demonstration projects and
outreach.
Subtitle C--Clean Energy Technology Exports Program
Sec. 1321. Clean energy technology exports program.
Sec. 1322. International energy technology deployment program.
Subtitle D--Climate Change Science and Information
Part I--Amendments to the Global Change Research Act of 1990
Sec. 1331. Amendment of Global Change Research Act of 1990.
Sec. 1332. Changes in definitions.
Sec. 1333. Change in committee name.
Sec. 1334. Change in national global change research plan.
Sec. 1335. Integrated Program Office.
Part II--National Climate Services Monitoring
Sec. 1341. Amendment of National Climate Program Act.
Sec. 1342. Changes in findings.
Sec. 1343. Tools for regional planning.
Sec. 1344. Authorization of appropriations.
Sec. 1345. National Climate Service Plan.
Sec. 1346. Reporting on trends.
Part III--Ocean and Coastal Observing System
Sec. 1351. Ocean and coastal observing system.
Sec. 1352. Authorization of appropriations.
Subtitle E--Climate Change Technology
Sec. 1361. NIST greenhouse gas functions.
Sec. 1362. Development of new measurement technologies.
Sec. 1363. Enhanced environmental measurements and standards.
Sec. 1364. Technology development and diffusion.
Subtitle F--Climate Adaptation and Hazards Prevention
Part I--Assessment and Adaptation
Sec. 1371. Regional climate assessment and adaptation program.
Sec. 1372. Coastal vulnerability and adaptation.
PART II--Forecasting and Planning Pilot Programs
Sec. 1381. Remote sensing pilot projects.
Sec. 1382. Database establishment.
Sec. 1384. Authorization of appropriations.
TITLE XIV--MANAGEMENT OF DOE SCIENCE AND TECHNOLOGY PROGRAMS
Sec. 1402. Availability of funds.
Sec. 1404. Merit review of proposals.
Sec. 1405. External technical review of departmental programs.
Sec. 1406. Improved coordination and management of civilian science and
technology programs.
Sec. 1407. Improved coordination of technology transfer
activities.
Sec. 1408. Technology infrastructure program.
Sec. 1409. Small business advocacy and assistance.
Sec. 1410. Other transactions.
Sec. 1411. Mobility of scientific and technical personnel.
Sec. 1412. National Academy of Sciences report.
Sec. 1413. Report on technology readiness and barriers to technology
transfer.
TITLE XV--PERSONNEL AND TRAINING
Sec. 1501. Workforce trends and traineeship grants.
Sec. 1502. Postdoctoral and senior research fellowships in energy
research.
Sec. 1503. Training guidelines for electric energy industry
personnel.
Sec. 1504. National Center on Energy Management and Building
Technologies.
Sec. 1505. Improved access to energy-related scientific and technical
careers.
DIVISION F--TECHNOLOGY ASSESSMENT AND STUDIES
TITLE XVI--TECHNOLOGY ASSESSMENT
Sec. 1601. National Science and Technology Assessment Service.
TITLE XVII--STUDIES
Sec. 1701. Regulatory reviews.
Sec. 1702. Assessment of dependence of Hawaii on oil.
Sec. 1703. Study of siting an electric transmission system on Amtrak
right-of-way.
DIVISION G--ENERGY INFRASTRUCTURE SECURITY
TITLE XIII--CRITICAL ENERGY INFRASTRUCTURE
Subtitle A--Department of Energy Programs
Sec. 1802. Role of the Department of Energy.
Sec. 1803. Critical energy infrastructure programs.
Sec. 1804. Advisory Committee on Energy Infrastructure Security.
Sec. 1805. Best practices and standards for energy infrastructure
security.
Subtitle B--Department of the Interior Programs
Sec. 1811. Outer Continental Shelf energy infrastructure security.
Subtitle C--Commercial Nuclear Facility Security
DIVISION A--RELIABLE AND DIVERSE POWER GENERATION AND
TRANSMISSION
TITLE I--REGIONAL COORDINATION
SEC. 101. POLICY ON REGIONAL COORDINATION.
(a) STATEMENT OF POLICY- It is the policy of the Federal Government to
encourage States to coordinate, on a regional basis, State energy policies to
provide reliable and affordable energy services to the public while minimizing
the impact of providing energy services on communities and the environment.
(b) DEFINITION OF ENERGY SERVICES- For purposes of this section, the term
`energy services' means--
(1) the generation or transmission of electric energy,
(2) the transportation, storage, and distribution of crude oil, residual
fuel oil, refined petroleum product, or natural gas, or
(3) the reduction in load through increased efficiency, conservation, or
load control measures.
SEC. 102. FEDERAL SUPPORT FOR REGIONAL COORDINATION.
(a) TECHNICAL ASSISTANCE- The Secretary of Energy shall provide technical
assistance to States and regional organizations formed by two or more States
to assist them in coordinating their energy policies on a regional basis. Such
technical assistance may include assistance in--
(1) assessing future supply availability and demand requirements,
(2) planning and siting additional energy infrastructure, including
generating facilities, electric transmission facilities, pipelines,
refineries, and distributed generation facilities to meet regional
needs,
(3) identifying and resolving problems in distribution networks,
(4) developing plans to respond to surge demand or emergency needs,
and
(5) developing energy efficiency, conservation, and load control
programs.
(b) Annual Conference on Regional Energy Coordination-
(1) ANNUAL CONFERENCE- The Secretary of Energy shall convene an annual
conference to promote regional coordination on energy policy and
infrastructure issues.
(2) PARTICIPATION- The Secretary of Energy shall invite appropriate
representatives of federal, state, and regional energy organizations, and
other interested parties.
(3) FEDERAL AGENCY COOPERATION- The Secretary of Energy shall consult
and cooperate with the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of the Treasury, the
Chairman of the Federal Energy Regulatory Commission, the Administrator of
the Environmental Protection Agency, and the Chairman of the Council on
Environmental Quality in the planning and conduct of the conference.
(4) AGENDA- The Secretary of Energy, in consultation with the officials
identified in paragraph (3) and participants identified in paragraph (2),
shall establish an agenda for each conference that promotes regional
coordination on energy policy and infrastructure issues.
(5) RECOMMENDATIONS- Not later than 60 days after the conclusion of each
annual conference, the Secretary of Energy shall report to the President and
the Congress recommendations arising out of the conference that may
improve--
(A) regional coordination on energy policy and infrastructure issues,
and
(B) federal support for regional coordination.
TITLE II--ELECTRICITY
Subtitle A--Amendments to the Federal Power Act
SEC. 201. DEFINITIONS.
(a) DEFINITION OF ELECTRIC UTILITY- Section 3(22) of the Federal Power Act
(16 U.S.C. 796(22)) is amended to read as follows:
`(22) `electric utility' means any person or Federal or State agency
(including any municipality) that sells electric energy; such term includes
the Tennessee Valley Authority and each Federal power marketing
agency.
(b) DEFINITION OF TRANSMITTING UTILITY- Section 3(23) of the Federal Power
Act (16 U.S.C. 796(23))is amended to read as follows:
`(23) TRANSMITTING UTILITY- The term `transmitting utility' means an
entity (including any entity described in section 201(f)) that owns or
operates facilities used for the transmission of electric energy in--
`(A) interstate commerce; or
`(B) for the sale of electric energy at wholesale.'.
SEC. 202. ELECTRIC UTILITY MERGERS.
Section 203(a) of the Federal Power Act (16 U.S.C. 824b) is amended to
read as follows:
`(a)(1) No public utility shall, without first having secured an order of
the Commission authorizing it to do so--
`(A) sell, lease, or otherwise dispose of the whole of its facilities
subject to the jurisdiction of the Commission, or any part thereof of a
value in excess of $1,000,000,
`(B) merge or consolidate, directly or indirectly, such facilities or
any part thereof with the facilities of any other person, by any means
whatsoever,
`(C) purchase, acquire, or take any security of any other public
utility, or
`(D) purchase, lease, or otherwise acquire existing facilities for the
generation of electric energy or for the production or transportation of
natural gas.
`(2) No holding company in a holding company system that includes a
transmitting utility or an electric utility company shall purchase, acquire,
or take any security of, or, by any means whatsoever, directly or indirectly,
merge or consolidate with a transmitting utility, an electric utility company,
a gas utility company, or a holding company in a holding company system
that
includes a transmitting utility, an electric utility company, or a gas
utility company, without first having secured an order of the Commission
authorizing it to do so.
`(3) Upon application for such approval the Commission shall give
reasonable notice in writing to the Governor and State commission of each of
the States in which the physical property affected, or any part thereof, is
situated, and to such other persons as it may deem advisable.
`(4) After notice and opportunity for hearing, if the Commission finds
that the proposed disposition, consolidation, acquisition, or control will be
consistent with the public interest, it shall approve the same.
`(5) For purposes of this subsection, the terms `electric utility
company', `gas utility company', `holding company', and `holding company
system' have the meaning given those terms in the Public Utility Holding
Company Act of 2002.
`(6) Notwithstanding section 201(b)(1), facilities used for the generation
of electric energy shall be subject to the jurisdiction of the Commission for
purposes of this section.'.
SEC. 203. MARKET-BASED RATES.
(a) APPROVAL OF MARKET-BASED RATES- Section 205 of the Federal Power Act
(16 U.S.C. 824d) is amended by adding at the end the following:
`(h) The Commission may determine whether a market-based rate for the sale
of electric energy subject to the jurisdiction of the Commission is just and
reasonable and not unduly discriminatory or preferential. In making such
determination, the Commission shall consider--
`(1) whether the seller and its affiliates have, or have adequately
mitigated, market power in the generation and transmission of electric
energy;
`(2) whether the sale is made in a competitive market;
`(3) whether market mechanisms, such as power exchanges and bid
auctions, function adequately;
`(4) the effect of demand response mechanisms;
`(5) the effect of mechanisms or requirements intended to ensure
adequate reserve margins; and
`(6) other such considerations as the Commission may deem to be
appropriate and in the public interest.'.
(b) REVOCATION OF MARKET-BASED RATES- Section 206 of the Federal Power Act
(16 U.S.C. 824e) is amended by adding at the end the following:
`(f) Whenever the Commission, after a hearing had upon its own motion or
upon complaint, finds that a rate charged by a public utility authorized to
charge a market-based rate under section 205 is unjust, unreasonable, unduly
discriminatory or preferential, the Commission shall determine the just and
reasonable rate and fix the same by order in accordance with this section, or
order such other action as will, in the judgment of the Commission, adequately
ensure a just and reasonable market-based rate.'.
SEC. 204. REFUND EFFECTIVE DATE.
Section 206(b) of the Federal Power Act (16 U.S.C. 824e(b)) is amended
by--
(1) striking `60 days after the filing of such complaint nor later than
5 months after the expiration of such 60-day period' in the second sentence
and inserting `on which the complaint is filed'; and
(2) striking `60 days after the publication by the Commission of notice
of its intention to initiate such proceeding nor later than 5 months after
the expiration of such 60-day period' in the third sentence and inserting
`on which the Commission publishes notice of its intention to initiate such
proceeding'.
SEC. 205. TRANSMISSION INTERCONNECTIONS.
Section 210 of the Federal Power Act (16 U.S.C. 824i) is amended to read
as follows:
`TRANSMISSION INTERCONNECTION AUTHORITY
`SEC. 210. (a)(1) The Commission shall, by rule, establish technical
standards and procedures for the interconnection of facilities used for the
generation of electric energy with facilities used for the transmission of
electric energy in interstate commerce. The rule shall provide--
`(A) criteria to ensure that an interconnection will not unreasonably
impair the reliability of the transmission system; and
`(B) criteria for the apportionment or reimbursement of the costs of
making the interconnection.
`(2) Notwithstanding section 201(f), a transmitting utility shall
interconnect its transmission facilities with the generation facilities of a
power producer upon the application of the power producer if the power
producer complies with the requirements of the rule.
`(b) Upon the application of a power producer or its own motion, the
Commission may, after giving notice and an opportunity for a hearing to any
entity whose interest may be affected, issue an order requiring--
`(1) the physical connection of facilities used for the generation of
electric energy with facilities used for the transmission of electric energy
in interstate commerce;
`(2) such action as may be necessary to make effective any such physical
connection;
`(3) such sale or exchange of electric energy or other coordination, as
may be necessary to carry out the purposes of such order; or
`(4) such increase in transmission capacity as may be necessary to carry
out the purposes of such order.
`(c) As used in this section, the term `power producer' means an entity
that owns or operates a facility used for the generation of electric
energy.'.
SEC. 206. OPEN ACCESS TRANSMISSION BY CERTAIN UTILITIES.
Part II of the Federal Power Act is further amended by inserting after
section 211 the following:
`OPEN ACCESS BY UNREGULATED TRANSMITTING UTILITIES
`SEC. 211A. (1) Subject to section 212(h), the Commission may, by rule or
order, require an unregulated transmitting utility to provide transmission
services--
`(A) at rates that are comparable to those that the unregulated
transmitting utility charges itself, and
`(B) on terms and conditions (not relating to rates) that are comparable
to those under Commission rules that require public utilities to offer open
access transmission services and that are not unduly discriminatory or
preferential.
`(2) The Commission shall exempt from any rule or order under this
subsection any unregulated transmitting utility that--
`(A) sells no more than 4,000,000 megawatt hours of electricity per
year;
`(B) does not own or operate any transmission facilities that are
necessary for operating an interconnected transmission system (or any
portion thereof), or
`(C) meets other criteria the Commission determines to be in the public
interest.
`(3) The rate changing procedures applicable to public utilities under
subsections (c) and (d) of section 205 are applicable to unregulated
transmitting utilities for purposes of this section.
`(4) In exercising its authority under paragraph (1), the Commission may
remand transmission rates to an unregulated transmitting utility for review
and revision where necessary to meet the requirements of paragraph (1).
`(5) The provision of transmission services under paragraph (1) does not
preclude a request for transmission services under section 211.
`(6) The Commission may not require a State or municipality to take action
under this section that constitutes a private business use for purposes of
section 141 of the Internal Revenue Code of 1986 (26 U.S.C. 141).
`(7) For purposes of this subsection, the term `unregulated transmitting
utility' means an entity that--
`(A) owns or operates facilities used for the transmission of electric
energy in interstate commerce or for the sale of electric energy at
wholesale, and
`(B) is either an entity described in section 201(f) or a rural electric
cooperative.'.
SEC. 207. ELECTRIC RELIABILITY STANDARDS.
Part II of the Federal Power Act is further amended by adding at the end
the following:
`SEC. 215. ELECTRIC RELIABILITY STANDARDS.
`(a) DUTY OF THE COMMISSION- The Commission shall establish and enforce
one
or more systems of mandatory electric reliability standards to ensure the
reliable operation of the interstate transmission system, which shall be
applicable to--
`(1) any entity that sells, purchases, or transmits, electric energy
using the interstate transmission system, and
`(2) any entity that owns, operates, or maintains facilities that are a
part of the interstate transmission system.
`(b) STANDARDS- In carrying out its responsibility under subsection (a),
the Commission may adopt and enforce, in whole or in part, a reliability
standard proposed or adopted by the North American Electric Reliability
Council, a regional reliability council, a similar organization, or a State
regulatory authority.
`(c) ENFORCEMENT- In carrying out its responsibility under subsection (a),
the Commission may certify one or more self-regulating reliability
organizations (which may include the North American Electric Reliability
Council, one or more regional reliability councils, one or more regional
transmission organizations, or any similar organization) to ensure the
reliable operation of the interstate transmission system and to monitor and
enforce compliance of their members with electric reliability standards
adopted under this section.
`(d) COOPERATION WITH CANADA AND MEXICO- The Commission shall ensure that
any self-regulating reliability organization certified under this section, one
or more of whose members are interconnected with transmitting utilities in
Canada or the Republic of Mexico, provide for the participation of such
utilities in the governance of the organization and the adoption of
reliability standards. Nothing in this section shall be construed to extend
the jurisdiction of the Commission outside of the United States.
`(e) PRESERVATION OF STATE AUTHORITY- Nothing in this section shall be
construed to preempt the authority of any State to take action to ensure the
safety, adequacy, and reliability of local distribution facilities service
within the State, except where the exercise of such authority unreasonably
impairs the reliability of the interstate transmission system.
`(f) DEFINITIONS- For purposes of this section:
`(1) The term `interstate transmission system' means the network of
facilities used for the transmission of electric energy in interstate
commerce.
`(2) The term `reliability' means the ability of the interstate
transmission system to transmit sufficient electric energy to supply the
aggregate electric demand and energy requirements of electricity consumers
at all times and the ability of the system to withstand sudden
disturbances.'.
SEC. 208. MARKET TRANSPARENCY RULES.
Part II of the Federal Power Act is further amended by adding at the end
the following:
`SEC. 216. MARKET TRANSPARENCY RULES.
`(a) COMMISSION RULES- Not later than 180 days after the date of enactment
of this section, the Commission shall issue rules establishing an electronic
information system to provide information about the availability and price of
wholesale electric energy and transmission services to the Commission, state
commissions, buyers and sellers of wholesale electric energy, users of
transmission services, and the public on a timely basis.
`(b) INFORMATION REQUIRED- The Commission shall require--
`(1) each regional transmission organization to provide statistical
information about the available capacity and capacity constraints of
transmission facilities operated by the organization; and
`(2) each broker, exchange, or other market-making entity that matches
offers to sell and offers to buy wholesale electric energy in interstate
commerce to provide statistical information about the amount and sale price
of sales of electric energy at wholesale in interstate commerce it
transacts.
`(c) TIMELY BASIS- The Commission shall require the information required
under subsection (b) to be posted on the Internet as soon as practicable and
updated as frequently as practicable.
`(d) PROTECTION OF SENSITIVE INFORMATION- The Commission shall exempt from
disclosure commercial or financial information that the Commission, by rule or
order, determines to be privileged, confidential, or otherwise sensitive.'.
SEC. 209. ACCESS TO TRANSMISSION BY INTERMITTENT GENERATORS.
Part II of the Federal Power Act is further amended by adding at the end
the following:
`SEC. 217. ACCESS TO TRANSMISSION BY INTERMITTENT GENERATORS.
`(a) FAIR TREATMENT OF INTERMITTENT GENERATORS- The Commission shall
ensure that all transmitting utilities provide transmission service to
intermittent generators in a manner that does not penalize such generators,
directly or indirectly, for characteristics that are--
`(1) inherent to intermittent energy resources; and
`(2) are beyond the control of such generators.
`(b) POLICIES- The Commission shall ensure that the requirement in
subsection (a) is met by adopting such policies as it deems appropriate which
shall include, but not be limited to, the following:
`(1) Subject to the sole exception set forth in paragraph (2), the
Commission shall ensure that the rates transmitting utilities charge
intermittent generator customers for transmission services do not directly
or indirectly penalize intermittent generator customers for scheduling
deviations.
`(2) The Commission may exempt a transmitting utility from the
requirement set forth in subsection (b) if the transmitting utility
demonstrates that scheduling deviations by its intermittent generator
customers are likely to have a substantial adverse impact on the reliability
of the transmitting utility's system. For purposes of administering this
exemption, there shall be a rebuttable presumption of no adverse impact
where intermittent generators collectively constitute 20 percent or less of
total generation interconnected with transmitting utility's system and using
transmission services provided by transmitting utility.
`(3) The Commission shall ensure that to the extent any transmission
charges recovering the transmitting utility's embedded costs are assessed to
intermittent generators, they are assessed to such generators on the basis
of kilowatt-hours generated rather than the intermittent generator's
capacity.
`(4) The Commission shall require transmitting utilities to offer to
intermittent generators, and may require transmitting utilities to offer to
all transmission customers, access to nonfirm transmission service pursuant
to long-term contracts of up to ten years duration under reasonable terms
and conditions.
`(c) DEFINITIONS- As used in this section:
`(1) The term `intermittent generator' means a person that generates
electricity using wind or solar energy.
`(2) The term `nonfirm transmission service' means transmission service
provided on an `as available' basis.
`(3) The term `scheduling deviation' means delivery of more or less
energy than has previously been forecast in a schedule submitted by an
intermittent generator to a control area operator or transmitting
utility.'.
SEC. 210. ENFORCEMENT.
(a) COMPLAINTS- Section 306 of the Federal Power Act (16 U.S.C. 825e) is
amended by--
(1) inserting `electric utility,' after `Any person,'; and
(2) inserting `transmitting utility,' after `licensee' each place it
appears.
(b) INVESTIGATIONS- Section 307(a) of the Federal Power Act (16 U.S.C.
825f(a)) is amended by inserting `or transmitting utility' after `any person'
in the first sentence.
(c) REVIEW OF COMMISSION ORDERS- Section 313(a) of the Federal Power Act
(16 U.S.C. 8251) is amended by inserting `electric utility,' after `Any
person,' in the first sentence.
(d) CRIMINAL PENALTIES- Section 316(c) of the Federal Power Act (16 U.S.C.
825o(c)) is repealed.
(e) CIVIL PENALTIES- Section 316A of the Federal Power Act (16 U.S.C.
825o-1) is amended by striking `section 211, 212, 213, or 214' each place it
appears and inserting `Part II'.
Subtitle B--Amendments to the Public Utility
Holding Company Act
SEC. 221. SHORT TITLE.
This subtitle may be cited as the `Public Utility Holding Company Act of
2002'.
SEC. 222. 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 public 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. 223. 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. 224. 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. 225. 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 in a proceeding before 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. 226. 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
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. 227. 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. 228. APPLICABILITY.
Except as otherwise specifically provided in this subtitle, no provision
of this subtitle shall apply to, or be deemed to include--
(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. 229. 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. 230. 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. 231. 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. 232. 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. 233. 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. 234. 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--
(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) 1 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.
(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.
(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. 235. 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. 236. 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. 238. CONFORMING AMENDMENTS TO THE FEDERAL POWER ACT.
(a) CONFLICT OF JURISDICTION- Section 318 of the Federal Power Act (16
U.S.C. 825q) is repealed.
(1) Section 201(g) of the Federal Power Act (16 U.S.C. 824(g)) is
amended by striking `1935' and inserting `2002'.
(2) 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. 241. REAL-TIME PRICING STANDARD.
(a) ADOPTION OF STANDARD- Section 111(d) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the end the
following:
`(11) REAL-TIME PRICING- (A) Each electric utility shall, at the request
of an electric consumer, provide electric service under a real-time rate
schedule, under which the rate charged by the electric utility varies by the
hour (or smaller time interval) according to changes in the electric
utility's wholesale power cost. The real-time pricing service shall enable
the electric consumer to manage energy use and cost through real-time
metering and communications technology.
`(B) For purposes of implementing this paragraph, any reference
contained in this section to the date of enactment of the Public Utility
Regulatory Policies Act of 1978 shall be deemed to be a reference to the
date of enactment of this paragraph.
`(C) Notwithstanding subsections (b) and (c) of section 112, each State
regulatory authority shall consider and make a determination concerning
whether it is appropriate to implement the standard set out in subparagraph
(A) not later than one year after the date of enactment of this
paragraph.'.
(b) SPECIAL RULES FOR REAL-TIME PRICING STANDARD- Section 115 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2625) is amended by
adding at the end the following:
`(i) REAL-TIME PRICING- In a state that permits third-party marketers to
sell electric energy to retail electric consumers, the electric consumer shall
be entitled to receive the same real-time metering and communication service
as a direct retail electric consumer of the electric utility.'.
SEC. 242. ADOPTION OF ADDITIONAL STANDARDS.
(a) ADOPTION OF STANDARDS- Section 113(b) of the Public Utility Regulatory
Policies Act of 1978 (16 U.S.C. 2623(b)) is amended by adding at the end the
following:
`(6) DISTRIBUTED GENERATION- Each electric utility shall provide
distributed generation, combined heat and power, and district heating and
cooling systems competitive access to the local distribution grid and
competitive pricing of service, and shall use simplified standard contracts
for the interconnection of generating facilities that have a power
production capacity of 250 kilowatts or less.
`(7) DISTRIBUTION INTERCONNECTIONS- No electric utility may refuse to
interconnect a generating facility with the distribution facilities of the
electric utility if the owner or operator of the generating facility
complies with technical standards adopted by the State regulatory authority
and agrees to pay the costs established by such State regulatory
authority.
`(8) MINIMUM FUEL AND TECHNOLOGY DIVERSITY STANDARD- Each electric
utility shall develop a plan to minimize dependence on one fuel source and
to ensure that the electric energy it sells to consumers is generated using
a diverse range of fuels and technologies, including renewable
technologies.
`(9) FOSSIL FUEL EFFICIENCY- Each electric utility shall develop and
implement a ten-year plan to increase the efficiency of its fossil fuel
generation and shall monitor and report to its State regulatory authority
excessive greenhouse gas emissions resulting from the inefficient operation
of its fossil fuel generating plants.'.
(c) TIME FOR ADOPTING STANDARD- Section 113 of the Public Utility
Regulatory Policies Act of 1978 (16 U.S.C. 2623) is further amended by adding
at the end the following:
`(d) SPECIAL RULE- For purposes of implementing paragraphs (6), (7), (8),
and (9) of subsection (b), any reference contained in this section to the date
of enactment of the Public Utility Regulatory Policies Act of 1978 shall be
deemed to be a reference to the date of enactment of this subsection.'.
SEC. 243. TECHNICAL ASSISTANCE.
Section 132(c) of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2642(c)) is amended to read as follows:
`(c) TECHNICAL ASSISTANCE FOR CERTAIN RESPONSIBILITIES- The Secretary may
provide such technical assistance as he determines appropriate to assist State
regulatory authorities and electric utilities in carrying out their
responsibilities under section 111(d)(11) and paragraphs (6), (7), (8), and
(9) of section 113(b).'.
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.
`(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 Limitations-
(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.'.
SEC. 245. NET METERING.
Title VI of the Public Utility Regulatory Policies Act of 1978 is amended
by adding at the end the following:
`SEC. 605. NET METERING FOR RENEWABLE ENERGY AND FUEL CELLS.
`(a) DEFINITIONS- For purposes of this section:
`(1) The term `eligible on-site generating facility' means--
`(A) a facility on the site of a residential electric consumer with a
maximum generating capacity of 10 kilowatts or less that is fueled by
solar energy, wind energy, or fuel cells; or
`(B) a facility on the site of a commercial electric consumer with a
maximum generating capacity of 500 kilowatts or less that is fueled solely
by a renewable energy resource, landfill gas, or a high efficiency
system.
`(2) The term `renewable energy resource' means solar, wind, biomass, or
geothermal energy.
`(3) The term `high efficiency system' means fuel cells or combined heat
and power.
`(4) The term `net metering service' means service to an electric
consumer under which electric energy generated by that electric consumer
from an eligible on-site generating facility and delivered to the local
distribution facilities may be used to offset electric energy provided by
the electric utility to the electric consumer during the applicable billing
period.
`(b) REQUIREMENT TO PROVIDE NET METERING SERVICE- Each electric utility
shall make available upon request net metering service to an electric consumer
that the electric utility serves.
`(1) IDENTICAL CHARGES- An electric utility--
`(A) shall charge the owner or operator of an on-site generating
facility rates and charges that are identical to those that would be
charged other electric consumers of the electric utility in the same rate
class; and
`(B) shall not charge the owner or operator of an on-site generating
facility any additional standby, capacity, interconnection, or other rate
or charge.
`(2) MEASUREMENT- An electric utility that sells electric energy to the
owner or operator of an on-site generating facility shall measure the
quantity of electric energy produced by the on-site facility and the
quantity of electric energy consumed by the owner or operator of an on-site
generating facility during a billing period in accordance with normal
metering practices.
`(3) ELECTRIC ENERGY SUPPLIED EXCEEDING ELECTRIC ENERGY GENERATED- If
the quantity of electric energy sold by the electric utility to an on-site
generating facility exceeds the quantity of electric energy supplied by the
on-site generating facility to the electric utility during the billing
period, the electric utility may bill the owner or operator for the net
quantity of electric energy sold, in accordance with normal metering
practices.
`(4) ELECTRIC ENERGY GENERATED EXCEEDING ELECTRIC ENERGY SUPPLIED- If
the quantity of electric energy supplied by the on-site generating facility
to the electric utility exceeds the quantity of electric energy sold by the
electric utility to the on-site generating facility during the billing
period--
`(A) the electric utility may bill the owner or operator of the
on-site generating facility for the appropriate charges for the billing
period in accordance with paragraph (2); and
`(B) the owner or operator of the on-site generating facility shall be
credited for the excess kilowatt-hours generated during the billing
period, with the kilowatt-hour credit appearing on the bill for the
following billing period.
`(d) Safety and Performance Standards-
`(1) An eligible on-site generating facility and net metering system
used by an electric consumer shall meet all applicable safety, performance,
reliability, and interconnection standards established by the National
Electrical Code, the Institute of Electrical and Electronics Engineers, and
Underwriters Laboratories.
`(2) The Commission, after consultation with State regulatory
authorities and nonregulated electric utilities and after notice and
opportunity for comment, may adopt, by rule, additional control and testing
requirements for on-site generating facilities and net metering systems that
the Commission determines are necessary to protect public safety and system
reliability.
`(e) APPLICATION- This section applies to each electric utility during any
calendar year in which the total sales of electric energy by such utility for
purposes other than resale exceeded 1,000,000,000 kilowatt-hours during the
preceding calendar year. '.
Subtitle D--Consumer Protections
SEC. 251. 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. 252. CONSUMER PRIVACY.
(a) PROHIBITION- The Federal Trade Commission shall issue rules
prohibiting any electric utility that obtains consumer information in
connection with the sale or delivery of electric energy to an electric
consumer from using, disclosing, or permitting access to such information
unless the electric consumer to whom such information relates provides prior
written approval.
(b) PERMITTED USE- The rules issued under this section shall not prohibit
any electric utility from using, disclosing, or permitting access to consumer
information referred to in subsection (a) for any of the following
purposes:
(1) to facilitate an electric consumer's change in selection of an
electric utility under procedures approved by the State or State regulatory
authority;
(2) to initiate, render, bill, or collect for the sale or delivery of
electric energy to
electric consumers or for related services;
(3) to protect the rights or property of the person obtaining such
information;
(4) to protect retail electric consumers from fraud, abuse, and unlawful
subscription in the sale or delivery of electric energy to such
consumers;
(5) for law enforcement purposes; or
(6) for purposes of compliance with any Federal, State, or local law or
regulation authorizing disclosure of information to a Federal, State, or
local agency.
(c) AGGREGATE CONSUMER INFORMATION- The rules issued under this subsection
may permit a person to use, disclose, and permit access to aggregate consumer
information and may require an electric utility to make such information
available to other electric utilities upon request and payment of a reasonable
fee.
(d) DEFINITIONS- As used in this section:
(1) The term `aggregate consumer information' means collective data that
relates to a group or category of retail electric consumers, from which
individual consumer identities and characteristics have been removed.
(2) The term `consumer information' means information that relates to
the quantity, technical configuration, type, destination, or amount of use
of electric energy delivered to any retail electric consumer.
SEC. 253. 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. 254. 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. 255. 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. 256. STATE AUTHORITY.
Nothing in this subtitle shall be construed to preclude a State or State
regulatory authority from prescribing and enforcing additional laws, rules, or
procedures regarding the practices which are the subject of this section, so
long as such laws, rules, or procedures are not inconsistent with the
provisions of this section or with any rule prescribed by the Federal Trade
Commission pursuant to it.
SEC. 257. APPLICATION OF SUBTITLE.
The provisions of this subtitle apply to each electric utility if the
total sales of electric energy by such utility for purposes other than resale
exceed 500 million kilowatt-hours per calendar year. The provisions of this
stubtitle do not apply to the operations of an electric utility to the extent
that such operations relate to sales of electric energy for purposes of
resale.
SEC. 258. DEFINITIONS.
As used in this subtitle:
(1) The term `aggregate consumer information' means collective data that
relates to a group or category of electric consumers, from which individual
consumer identities and identifying characteristics have been removed.
(2) The term `consumer information' means information that relates to
the quantity, technical configuration, type, destination, or amount of use
of electric energy delivered to an electric consumer.
(3) The terms `electric consumer', `electric utility', and `State
regulatory authority' have the meanings given such terms in section 3 of the
Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602).
Subtitle E--Renewable Energy and Rural Construction Grants
SEC. 261. RENEWABLE ENERGY PRODUCTION INCENTIVE.
(a) INCENTIVE PAYMENTS- Section 1212(a) of the Energy Policy Act of 1992
(42 U.S.C. 13317(a)) is amended by striking `and which satisfies' and all that
follows through `Secretary shall establish.' and inserting the following:
`. The Secretary shall establish other procedures necessary for efficient
administration of the program. The Secretary shall not establish any criteria
or procedures that have the effect of assigning to proposals a higher or lower
priority for eligibility or allocation of appropriated funds on the basis of
the energy source proposed.'.
(b) QUALIFIED RENEWABLE ENERGY FACILITY- Section 1212(b) of the Energy
Policy Act of 1992 (42 U.S.C. 13317(b)) is amended--
(1) by striking `a State or any political' and all that follows through
`nonprofit electrical cooperative' and inserting the following: `an
electricity-generating cooperative exempt from taxation under section
501(c)(12) or section 1381(a)(2)(C) of the Internal Revenue Code of 1986, a
public utility described in section 115 of such Code, a State, Commonwealth,
territory, or possession of the United States or the District of Columbia,
or a political subdivision thereof, or an Indian tribal government or
subdivision thereof,'; and
(2) by inserting `landfill gas, incremental hydropower, ocean' after
`wind, biomass,'.
(c) ELIGIBILITY WINDOW- Section 1212(c) of the Energy Policy Act of 1992
(42 U.S.C. 13317(c)) is amended by striking `during the 10-fiscal year period
beginning with the first full fiscal year occurring after the enactment of
this section' and inserting `before October 1, 2013'.
(d) PAYMENT PERIOD- Section 1212(d) of the Energy Policy Act of 1992 (42
U.S.C. 13317(d)) is amended by inserting `or in which the Secretary finds that
all necessary Federal and State authorizations have been obtained to begin
construction of the facility' after `eligible for such payments'.
(e) AMOUNT OF PAYMENT- Section 1212(e)(1) of the Energy Policy Act of 1992
(42 U.S.C. 13317(e)(1)) is amended by inserting `landfill gas, incremental
hydropower, ocean' after `wind, biomass,'.
(f) SUNSET- Section 1212(f) of the Energy Policy Act of 1992 (42 U.S.C.
13317(f)) is amended by striking `the expiration of' and all that follows
through `of this section' and inserting `September 30, 2023'.
(g) INCREMENTAL HYDROPOWER; AUTHORIZATION OF APPROPRIATIONS- Section 1212
of the Energy Policy Act of 1992 (42 U.S.C. 13317) is further amended by
striking subsection (g) and inserting the following:
`(g) Cremental Hydropower-
`(1) PROGRAMS- Subject to subsection (h)(2), if an incremental
hydropower program meets the requirements of this section, as determined by
the Secretary, the incremental hydropower program shall be eligible to
receive incentive payments under this section.
`(2) DEFINITION OF INCREMENTAL HYDROPOWER- In this subsection, the term
`incremental hydropower' means additional generating capacity achieved from
increased efficiency or additions of new capacity at a hydroelectric
facility in existence on the date of enactment of this paragraph.
`(h) AUTHORIZATION OF APPROPRIATIONS-
`(1) IN GENERAL- Subject to paragraph (2), there are authorized to be
appropriated such sums as may be necessary to carry out this section for
fiscal years 2003 through 2023.
`(2) LIMITATION ON FUNDS USED FOR INCREMENTAL HYDROPOWER PROGRAMS- Not
more than 30 percent of the amounts made available under paragraph (1) shall
be used to carry out programs described in subsection (g)(2).
`(3) AVAILABILITY OF FUNDS- Funds made available under paragraph (1)
shall remain available until expended.'.
SEC. 262. ASSESSMENT OF RENEWABLE ENERGY RESOURCES.
(a) RESOURCE ASSESSMENT- Not later than 3 months after the date of
enactment of this title, and each year thereafter, the Secretary of Energy
shall review the available assessments of renewable energy resources available
within the United States, including solar, wind, biomass, ocean, geothermal,
and hydroelectric energy resources, and undertake new assessments as
necessary, taking into account changes in market conditions, available
technologies and other relevant factors.
(b) CONTENTS OF REPORTS- Not later than one year after the date of
enactment of this title, and each year thereafter, the Secretary shall publish
a report based on the assessment under subsection (a). The report shall
contain--
(1) a detailed inventory describing the available amount and
characteristics of the renewable energy resources, and
(2) such other information as the Secretary of Energy believes would be
useful in developing such renewable energy resources, including descriptions
of surrounding terrain, population and load centers, nearby energy
infrastructure, location of energy and water resources, and available
estimates of the costs needed to develop each resource.
SEC. 263. FEDERAL PURCHASE REQUIREMENT.
(a) REQUIREMENT- The President shall ensure that, of the total amount of
electric energy the federal government consumes during any fiscal year--
(1) not less than 3 percent in fiscal years 2003 through 2004,
(2) not less than 5 percent in fiscal years 2005 through 2009, and
(3) not less than 7.5 percent in fiscal year 2010 and each fiscal year
thereafter--shall be renewable energy. The President shall encourage the use
of innovative purchasing practices, including aggregation and the use of
renewable energy derivatives, by federal agencies.
(b) DEFINITION- For purposes of this section, the term `renewable energy'
means electric energy generated from solar, wind, biomass, geothermal, fuel
cells, or additional hydroelectric generation capacity achieved from increased
efficiency or additions of new capacity at an existing hydroelectric dam.
(c) TRIBAL POWER GENERATION- To the maximum extent practicable, the
President shall ensure that not less than one-tenth of the amount specified in
subsection (a) shall be renewable energy that is generated by an Indian tribe
or by a corporation, partnership, or business association which is wholly or
majority owned, directly or indirectly, by an Indian tribe. For purposes of
this subsection, 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.
SEC. 264. RURAL CONSTRUCTION GRANTS.
Section 313 of the Rural Electrification Act of 1936 (7 U.S.C. 940c) is
amended by adding after subsection (b) the following:
`(c) RURAL AND REMOTE COMMUNITIES ELECTRIFICATION GRANTS- The Secretary of
Agriculture, in consultation with the Secretary of Energy and the Secretary of
the Interior, may provide grants to eligible borrowers under this Act for the
purpose of increasing energy efficiency, siting or upgrading transmission and
distribution lines, or providing or modernizing electric facilities for--
`(1) a unit of local government of a State or territory; or
`(d) GRANT CRITERIA- The Secretary shall make grants based on a
determination of cost-effectiveness and most effective use of the funds to
achieve the stated purposes of this section.
`(e) PREFERENCE- In making grants under this section, the Secretary shall
give a preference to renewable energy facilities.
`(f) DEFINITION- For purposes of this section, the term `Indian tribe'
means any Indian tribe, band, nation, or other organized group or community,
including any Alaska Native village or regional or village corporation as
defined in or established pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.), which is recognized as eligible for the special
programs and services provided by the United States to Indians because of
their status as Indians;
`(e) AUTHORIZATION- For the purpose of carrying out subsection (c), there
are authorized to be appropriated to the Secretary $20,000,000 for each of the
seven fiscal years following the date of enactment of this subsection.'.
SEC. 265. RENEWABLE PORTFOLIO STANDARD.
Title VI of the Public Utility Regulatory Policies Act of 1978 is further
amended by adding at the end the following:
`SEC. 606. FEDERAL RENEWABLE PORTFOLIO STANDARD.
`(a) MINIMUM RENEWABLE GENERATION REQUIREMENT- For each calendar year
beginning with 2003, each retail electric supplier shall submit to the
Secretary renewable energy credits in an amount equal to the required annual
percentage, specified in subsection (b), of the total electric energy sold by
the retail electric supplier to electric consumers in the calendar year. The
retail electric supplier shall make this submission before April 1 of the
following calendar year.
`(b) Required Annual Percentage-
`(1) For calendar years 2003 and 2004, the required annual percentage
shall be determined by the Secretary in an amount less than the amount in
paragraph (2);
`(2) For calendar year 2005 the required annual percentage shall be 2.5
percent of the retail electric supplier's base amount; and
`(3) For each calendar year from 2006 through 2020, the required annual
percentage of the retail electric supplier's base amount shall be .5 percent
greater than the required annual percentage for the calendar year
immediately preceding.
`(c) SUBMISSION OF CREDITS- (1) A retail electric supplier may satisfy the
requirements of subsection (a) through the submission of--
`(A) renewable energy credits issued under subsection (d) for renewable
energy generated by the retail electric supplier in the calendar year for
which credits are being submitted or any of the two previous calendar
years;
`(B) renewable energy credits obtained by purchase or exchange under
subsection (e);
`(C) renewable energy credits borrowed against future years under
subsection (f); or
`(D) any combination of credits under subparagraphs (A), (B), and
(C).
`(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 State in which the electric energy was produced, and
`(C) any other information the Secretary determines appropriate.
`(3)(A) Except as provided in paragraphs (B) and (C), the Secretary shall
issue to an entity one renewable energy credit for each kilowatt-hour of
electric energy the entity generates in calendar year 2002 and any succeeding
year through the use of a renewable energy resource at an eligible facility in
any State.
`(B) For incremental hydropower the credits shall be calculated based on a
normalized annual capacity factor for each facility, and not actual
generation. 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 in calendar year 2002 and any
succeeding year through the use of a renewable energy resource at an eligible
facility in any State, if the generating facility is 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) 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
of generation and by the State in which the generating facility is located.
`(4) In order to receive a renewable energy credit, the recipient of a
renewable energy credit shall pay a fee, calculated by the Secretary, in an
amount that is equal to the administrative costs of issuing, recording,
monitoring the sale or exchange of, and tracking the credit or does not exceed
five percent of the dollar value of the credit, whichever is lower. The
Secretary shall retain the fee and use it to pay these administrative
costs.
`(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.
`(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 in another year.
`(f) CREDIT BORROWING- At any time before the end of calendar year 2003, a
retail electric supplier that has reason to believe that 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
supplier to meet the requirements of subsection (a) for the calendar year
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 the calendar year
involved.
`(g) 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). A retail electric supplier
who does not submit the required number of renewable energy credits under
subsection (a) is subject to a civil penalty of not more than 3 cents each for
the renewable energy credits not submitted.
`(h) 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.
`(i) ENVIRONMENTAL SAVINGS CLAUSE- Incremental hydropower shall be subject
to all applicable environmental laws and licensing and regulatory
requirements.
`(j) STATE SAVINGS CLAUSE- This section does not preclude a State from
requiring additional renewable energy generation in that State.
`(k) DEFINITIONS- For purposes of this section--
`(1) 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 January 1, 2002;
or
`(B) a repowering or cofiring increment that is placed in service on
or after January 1, 2002 at a facility for the generation of electric
energy from a renewable energy resource that was placed in service before
January 1, 2002.
An eligible facility does not have to be interconnected to the
transmission or distribution system facilities of an electric utility.
`(2) The term `generation offset' means reduced electricity usage
metered at a site where a customer consumes electricity from a renewable
energy technology.
`(3) The term `incremental hydropower' means additional generation
capacity achieved from increased efficiency or additions of capacity after
January 1, 2002 at a hydroelectric dam that was placed in service before
January 1, 2002.
`(4) 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.
`(5) 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.
`(6) The term `renewable energy' means electric energy generated by a
renewable energy resource.
`(7) The term `renewable energy resource' means solar, wind, biomass,
ocean, or geothermal energy, a generation offset, or incremental hydropower
facility.
`(8) The term `repowering or cofiring increment' means the additional
generation from a modification that is placed in service on or after January
1, 2002 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 January 1, 2002.
`(9) The term `retail electric supplier' means a person, State agency,
or Federal agency that sells electric energy to electric consumers and sold
not less than 500,000,000 kilowatt-hours of electric energy to electric
consumers for purposes other than resale during the preceding calendar
year.
`(10) 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 renewable energy
resource, landfill gas, or a hydroelectric facility.
`(l) SUNSET- Subsection (a) of this section expires December 31,
2020.'.
SEC. 266. RENEWABLE ENERGY ON FEDERAL LAND.
(a) PILOT PROGRAM- Within 12 months after the date of enactment of this
section, the Secretary of the Interior, in consultation with the Secretaries
of Agriculture and Energy, shall develop guidelines for a pilot program for
the development of wind and solar energy on Federal land.
(b) DEFINITION OF FEDERAL LAND- As used in this section, the term `Federal
land' means land owned by the United States that is subject to the operation
of the mineral leasing laws; and is either:
(1) public land as defined in section 103(e) of the Federal Land Policy
and Management Act of 1976 (42 U.S.C. 1702(e)); or
(2) a unit of the National Forest System as that term is used in section
11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1609(a)).
(c) RIGHTS-OF-WAYS- The pilot program shall provide for the issuance of
rights-of-way pursuant to the provisions of title V of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1761 et seq.) by the Secretary of the
Interior with respect to Federal land under the jurisdiction of the Department
of the Interior, and by the Secretary of Agriculture with respect to federal
lands under the jurisdiction of the Department of Agriculture.
(d) ELIGIBLE SITES- For purposes of this pilot program, the issuance of
rights-of-way shall be limited to areas:
(1) of high energy potential for wind or solar development;
(2) that have been identified by the wind or solar energy industry,
through a process of nominations or otherwise, as being of particular
interest to one or both industries;
(3) that are not located within roadless areas;
(4) where operation of wind or solar facilities would be compatible with
the scenic, recreational, environmental, cultural, or historic values of the
Federal land, and would not require the construction of new roads for the
siting of lines or other transmission facilities; and
(5) where issuance of the right-of-way is consistent with the land and
resource management plans of the relevant land management agencies.
(e) COST-SHARE PAYMENTS BY DOE- The Secretary of Energy, in cooperation
with the Secretary of the Interior with respect to Federal land under the
jurisdiction of the Department of the Interior, and the Secretary of
Agriculture with respect to Federal land under the jurisdiction of the
Department of Agriculture, shall determine if a project is eligible for
funding pursuant to this section. Only those projects that are consistent with
the requirements of this section and further the purposes of this section
shall be eligible. In the event a project is selected for funding, the
Secretary of Energy shall provide no more than 15 percent of the costs of the
project, and the remainder of the costs shall be paid by non-Federal
sources.
(f) REVISION OF LAND USE PLANS- The Secretary of the Interior shall
consider development of wind and solar energy, as appropriate, in revisions of
land use plans under section 202 of the Federal Land Policy and Management Act
of 1976 (42 U.S.C. 1712); and the Secretary of Agriculture shall consider
development of wind and solar energy, as appropriate, in revisions of land and
resource management plans under section 5 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C. 1604). Nothing in this
subsection shall preclude the issuance of a right-of-way for the development
of a wind or solar energy project prior to the revision of a land use plan by
the appropriate land management agency.
(g) REPORT TO CONGRESS- Within 24 months after the date of enactment of
this section, the Secretary of the Interior shall develop and report to
Congress recommendations on any statutory or regulatory changes the Secretary
believes would assist in the development of renewable energy on Federal land.
The report shall include--
(1) a five-year plan developed by the Secretary of the Interior, in
cooperation with the Secretary of Agriculture, for encouraging the
development of wind and solar energy on Federal land in an environmentally
sound manner; and
(A) whether the use of rights-of-ways is the best means of authorizing
use of Federal land for the development of wind and solar energy, or
whether such resources could be better developed through a leasing system,
or other method;
(B) the desirability of grants, loans, tax credits or other provisions
to promote wind and solar energy development on Federal land; and
(C) any problems, including environmental concerns, which the
Secretary of the Interior or the Secretary of Agriculture have encountered
in managing wind or solar energy projects on Federal land, or believe are
likely to arise in relation to the development of wind or solar energy on
Federal land;
(3) a list, developed in consultation with the Secretaries of Energy and
Defense, of lands under the jurisdiction of the Departments of Energy and
Defense that would be suitable for development for wind or solar energy, and
recommended statutory and regulatory mechanisms for such development;
and
(4) an analysis, developed in consultation with the Secretaries of
Energy and Commerce, of the potential for development of wind, solar, and
ocean energy on the Outer Continental Shelf, along with recommended
statutory and regulatory mechanisms for such development.
TITLE III--HYDROELECTRIC RELICENSING
SEC. 301. ALTERNATIVE CONDITIONS.
(a) ALTERNATIVE MANDATORY CONDITIONS- Section 4 of the Federal Power Act
(16 U.S.C. 797) is amended by adding at the end the following:
`(h)(1) Whenever any person applies for a license for any project works
within any reservation of the United States under subsection (e), and the
Secretary of the department under whose supervision such reservation falls (in
this subsection referred to as the `Secretary') shall deem a condition to such
license to be necessary under the first proviso of such section, the license
applicant may propose an alternative condition that will either--
`(A) cost less to implement, or
`(B) result in improved operation of the project works for electricity
production.
`(2) Notwithstanding the first proviso of subsection (e), the Secretary
shall accept the alternative condition proposed by the license applicant, and
the Commission shall include in the license such alternative condition, if the
Secretary determines that the alternative condition provides no less
protection for the reservation than provided by the condition deemed necessary
by the Secretary.
`(3) The Secretary shall give interested persons other than the license
applicant an opportunity to propose alternative conditions. After
consideration of the relevant matter presented, the Secretary shall accept or
reject each proposed condition.
`(4) The Secretary shall submit to the Commission with any condition under
subsection (e) or alternative condition it accepts under this subsection a
written statement explaining the basis for accepting such condition and for
not accepting any condition proposed by the license applicant under paragraph
(1) or by an interested person under paragraph (3), along with all studies,
data, and other information on which the Secretary based his decision.
`(5) The Commission shall place any statement, study, data, or other
information received from the Secretary under paragraph (4) on the public
record of the licensing proceeding.
`(6) The Secretary shall establish schedules for the submission of
proposed conditions and the review of the acceptance or rejection of proposed
conditions as may be necessary to coordinate with the Commission's license
application process.'.
(b) ALTERNATIVE FISHWAYS- Section 18 of the Federal Power Act (16 U.S.C.
811) is amended by--
(1) inserting `(a)' before the first sentence; and
(2) adding at the end the following:
`(b)(1) Whenever the Commission shall require a licensee to construct,
maintain, or operate a fishway prescribed by the Secretary of the Interior or
the Secretary of Commerce under this section, the licensee may propose an
alternative that will either--
`(A) cost less to implement, or
`(B) result in improved operation of the project works for electricity
production.
`(2) Notwithstanding subsection (a), the Secretary of the Interior or the
Secretary of Commerce, as appropriate, shall accept and prescribe, and the
Commission shall require, the alternative proposed by the licensee, if the
Secretary of the appropriate department determines that the alternative will
be no less effective than the fishway initially prescribed by the
Secretary.
`(3) The Secretary of the appropriate department shall give interested
persons other than the licensee an opportunity to propose alternative fishway
prescriptions. After consideration of the relevant matter presented, the
Secretary shall accept or reject each proposed alternative.
`(4) The Secretary of the appropriate department shall submit to the
Commission with any fishway prescription under subsection (a) or alternative
fishway prescription it accepts under this subsection a written statement
explaining the basis for accepting such prescription and for not accepting any
prescription proposed by the licensee under paragraph (1) or by an interested
person under paragraph (3), along with all studies, data, and other
information on which the Secretary based his decision.
`(5) The Commission shall place any statement, study, data, or other
information received from the Secretary under paragraph (4) on the public
record of the licensing proceeding.
`(6) The Secretary of the appropriate department shall establish schedules
for the submission of proposed conditions and the review of the acceptance or
rejection of proposed
conditions as may be necessary to coordinate with the Commission's license
application process.'.
SEC. 302. CHARGES FOR TRIBAL LANDS.
Section 10(e)(1) of the Federal Power Act (16 U.S.C. 803(e)(1) is amended
by inserting after the second proviso the following: `Provided
further, That the Commission shall not issue a new or original license
for projects involving tribal lands embraced within Indian reservations until
annual charges required under this section have been fixed.'
SEC. 303. DISPOSITION OF HYDROELECTRIC CHARGES.
Section 17 of the Federal Power Act (16 U.S.C. 810) is further
amended--
(1) by striking `is hereby appropriated to be paid into the Treasury of
the United States and credited to `Miscellaneous receipts' and inserting
`shall be reserved, subject to appropriation, for the purpose of carrying
out activities for the protection of water resources under subsection (c)';
and
(2) by adding at the end the following:
`(c)(1) Of the amount reserved for the protection of water resources under
subsection (a), there are authorized to be appropriated to the Secretary
responsible for the reservation from which the charges were paid such sums as
may be necessary for the purpose of carrying out activities for the protection
of the water resources on or for the benefit of--
`(A) the reservation on which the project for which the charges were
paid is located; or
`(B) the reservation on which the headwaters of the waterway, on which
the project for which the charges were paid, is located.
`(2) For purposes of this subsection, activities for the protection of
water resources for which funds are authorized to be appropriated under this
subsection may be used may only include the following:
`(A) promoting the recovery of threatened and endangered species;
`(B) road and trail assessments and plans, maintenance, obliteration, or
closure;
`(C) wildlife and fish habitat management;
`(D) multiparty monitoring of water protection activities;
`(E) watershed analysis, including resource conditions and trend
assessments;
`(F) erosion control and restoring hydrologic function to meadows,
wetlands, and floodplains; and
`(G) job training associated with paragraph (3).
`(3) In carrying out the activities provided for in paragraph (2) and in
order to provide employment and job training opportunities to residents of
rural communities located within or near a reservation identified in paragraph
(1), the Secretary may make grants or enter into cooperative agreements or
contracts with--
`(A) a private, non-profit, or cooperative entity within the same county
as the reservation;
`(B) businesses that employ 25 or less employees;
`(C) an entity that will hire or train residents of communities located
within or near the reservation to perform the contract; or
`(D) the Youth Conservation Corps or related partnerships with State,
local, or non-profit youth groups.'.
SEC. 304. ANNUAL LICENSES.
Section 15(a) of the Federal Power Act (16 U.S.C. 808(a)) is amended by
adding at the end the following:
`(4) Prior to issuing a fourth and subsequent annual license under
paragraph (1), the Commission shall first consult with the Secretary of the
Interior and the Secretary of Commerce, and if the project is within any
reservation, with the Secretary under whose supervision such reservation
falls.
`(5) Prior to issuing a fourth and subsequent annual license under
paragraph (1), the Commission shall publish a written statement setting
forth the reasons why the annual license is needed, and describing the
results of consultation with the Secretary of the Interior, the Secretary of
Commerce, and the Secretary under whose supervision the reservation falls.
Such explanation shall also contain the best judgement of the Commission as
to whether the Commission anticipates issuing an additional annual license,
and if so, the likely terms and conditions of such additional annual
license.
`(6) At least 60 days prior to expiration of the seventh and subsequent
annual licenses issued under paragraph (1), the Commission shall submit to
Congress the written statement required in paragraph (5).'.
SEC. 305. ENFORCEMENT.
(a) MONITORING AND INVESTIGATIONS OF MANDATORY CONDITIONS AND FISHWAY
PRESCRIPTIONS- The first sentence of section 31(a) of the Federal Power Act
(16 U.S.C. 823b(a)) is amended to read as follows: `The Commission shall
monitor and investigate compliance with each license and permit issued under
this Part, each condition imposed under section 4(e) or 4(h), each fishway
prescription imposed under section 18, and each exemption granted from any
requirement of this Part.'
(b) COMPLIANCE ORDERS- The third sentence of section 31(a) of the Federal
Power Act (16 U.S.C. 823(a)) is amended to read as follows: `After notice and
opportunity for public hearing, the Commission may issue such orders as
necessary to require compliance with the terms and conditions of licenses and
permits issued under this Part, with conditions imposed under section 4(e) or
4(h), with fishway prescriptions imposed under section 18, and with the terms
and conditions of exemptions granted from any requirement of this Part.'
SEC. 306. ESTABLISHMENT OF HYDROELECTRIC RELICENSING PROCEDURES.
(a) JOINT PROCEDURES OF THE COMMISSION AND RESOURCE AGENCIES-
(1) Within 18 months after the date of enactment of this section, the
Commission, the Secretary of the Interior, the Secretary of Commerce, and
the Secretary of Agriculture, shall, after public review and comment, issue
coordinated regulations governing the issuance of a license under section 15
of the Federal Power Act (16 U.S.C. 808).
(2) Such regulations shall provide for--
(A) the participation of the Commission in the pre-application
environmental scoping process conducted by the resource agencies pursuant
to section 15(b) of the Federal Power Act (16 U.S.C. 808(b)), sufficient
to allow the Commission and the resource agencies to coordinate
environmental reviews and other regulatory procedures of the Commission
and the resource agencies under Part I of the Federal Power Act, and under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.).
(B) issuance by the resource agencies of draft and final mandatory
conditions under section 4(e) of the Federal Power Act (16 U.S.C. 797(e)),
and draft and final fishway prescriptions under section 18 of the Federal
Power Act (16 U.S.C. 811);
(C) to the maximum extent possible, identification by the Commission
staff in the draft analysis of the license application conducted under the
National Environmental Policy Act, of all license articles and license
conditions the Commission is likely to include in the license;
(D) coordination by the Commission and the resource agencies of
analysis under the National Environmental Policy Act for final license
articles and conditions recommended by Commission staff, and the final
mandatory conditions and fishway prescriptions of the resource agencies;
and
(E) procedures for ensuring coordination and sharing, to the maximum
extent possible, of information, studies, data and analysis by the
Commission and the resource agencies to reduce the need for duplicative
studies and analysis by license applicants and other parties to the
license proceeding.
(b) PROCEDURES OF THE COMMISSION- Within 18 months after the date of
enactment of this section, the Commission shall, after public comment and
review, issue additional regulations governing the issuance of a license under
section 15 of the Federal Power Act (16 U.S.C. 808). Such regulations
shall--
(1) set a schedule for the Commission to issue--
(A) a tendering notice indicating that an application has been filed
with the Commission;
(B) advanced notice to resource agencies of the issuance of the Ready
for Environmental Analysis Notice requesting submission of
recommendations, conditions, prescriptions, and comments;
(C) a license decision after completion of environmental assessments
or environmental impact statements prepared pursuant to the National
Environmental Policy Act; and
(D) responses to petitions, motions, complaints and requests for
rehearing;
(2) set deadlines for an applicant to conduct all needed resource
studies in support of its license application;
(3) ensure a coordinated schedule for all major actions by the
applicant, the Commission, affected Federal and State agencies, Indian
Tribes and other parties, through final decision on the application;
and
(4) provide for the adjustment of schedules if unavoidable delays
occur.
SEC. 307. RELICENSING STUDY.
(a) IN GENERAL- The Federal Energy Regulatory Commission shall, jointly
with the Secretary of Commerce, the Secretary of the Interior, and the
Secretary of Agriculture, conduct a study of all new licenses issued for
existing projects under section 15 of the Federal Power Act (16 U.S.C. 808)
since January 1, 1994.
(b) SCOPE- The study shall analyze:
(1) the length of time the Commission has taken to issue each new
license for an existing project;
(2) the additional cost to the licensee attributable to new license
conditions;
(3) the change in generating capacity attributable to new license
conditions;
(4) the environmental benefits achieved by new license conditions;
(5) significant unmitigated environmental damage of the project and
costs to mitigate such damage; and
(6) litigation arising from the issuance or failure to issue new
licenses for existing projects under section 15 of the Federal Power Act or
the imposition or failure to impose new license conditions.
(c) DEFINITION- As used in this section, the term `new license condition'
means any condition imposed under--
(1) section 4(e) of the Federal Power Act (16 U.S.C. 797(e)),
(2) section 10(a) of the Federal Power Act (16 U.S.C. 803(a)),
(2) section 10(e) of the Federal Power Act (16 U.S.C. 803(e)),
(3) section 10(j) of the Federal Power Act (16 U.S.C. 803(j)),
(4) section 18 of the Federal Power Act (16 U.S.C. 811), or
(5) section 401(d) of the Clean Water Act (33 U.S.C. 1341(d)).
(d) CONSULTATION- The Commission shall give interested persons and
licensees an opportunity to submit information and views in writing.
(e) REPORT- The Commission shall report its findings to the Committee on
Energy and Natural Resources of the United States Senate and the Committee on
Energy and Commerce of the House of Representatives not later than 24 months
after the date of enactment of this section.
SEC. 308. DATA COLLECTION PROCEDURES.
Within 24 months after the date of enactment of this section, the Federal
Energy Regulatory Commission, the Secretary of the Interior, the Secretary of
Commerce, and the Secretary of Agriculture shall jointly develop procedures
for ensuring complete and accurate information concerning the time and cost to
parties in the hydroelectric licensing process under part I of the Federal
Power Act (16 U.S.C. 791 et seq.). Such data shall be published regularly, but
no less frequently than every three years.
TITLE IV--INDIAN ENERGY
SEC. 401. COMPREHENSIVE INDIAN ENERGY PROGRAM.
Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501-3506) is
amended by adding after section 2606 the following:
`SEC. 2607. COMPREHENSIVE INDIAN ENERGY PROGRAM.
`(a) DEFINITIONS- For purposes of this section--
`(1) the term `Director' means the Director of the Office of Indian
Energy Policy and Programs established by section 217 of the Department of
Energy Organization Act, and
`(2) the term `Indian land' means--
`(A) any land within the limits of an Indian reservation, pueblo, or
rancheria;
`(B) any land not within the limits of an Indian reservation, pueblo,
or rancheria whose title on the date of enactment of this section was
held--
`(i) in trust by the United States for the benefit of an Indian
tribe,
`(ii) by an Indian tribe subject to restriction by the United States
against alienation, or
`(iii) by a dependent Indian community; and
`(C) land conveyed to an Alaska Native Corporation under the Alaska
Native Claims Settlement Act.
`(b) INDIAN ENERGY EDUCATION PLANNING AND MANAGEMENT ASSISTANCE-
`(1) The Director shall establish programs within the Office of Indian
Energy Policy and Programs to assist Indian tribes in meeting their energy
education, research and development, planning, and management needs.
`(2) The Director may make grants, on a competitive basis, to an Indian
tribe for--
`(A) renewable energy, energy efficiency, and conservation
programs;
`(B) studies and other activities supporting tribal acquisition of
energy supplies, services, and facilities;
`(C) planning, constructing, developing, operating, maintaining, and
improving tribal electrical generation, transmission, and distribution
facilities; and
`(D) developing, constructing, and interconnecting electric power
transmission facilities with transmission facilities owned and operated by
a Federal power marketing agency or an electric utility that provides open
access transmission service.
`(3) The Director may develop, in consultation with Indian tribes, a
formula for making grants under this section. The formula may take into
account the following--
`(A) the total number of acres of Indian land owned by an Indian
tribe;
`(B) the total number of households on the Indian tribe's Indian
land;
`(C) the total number of households on the Indian tribe's Indian land
that have no electricity service or are under-served; and
`(D) financial or other assets available to the Indian tribe from any
source.
`(4) In making a grant under paragraph (2), the Director shall give
priority to an application received from an Indian tribe that is not served
or is served inadequately by an electric utility, as that term is defined in
section 3(4) of the Public Utility Regulatory Policies Act of 1978 (16
U.S.C. 2602(4)), or by a person, State agency, or any other non-federal
entity that owns or operates a local distribution facility used for the sale
of electric energy to an electric consumer.
`(5) There are authorized to be appropriated to the Department of Energy
such sums as may be necessary to carry out the purposes of this
section.
`(6) The Secretary is authorized to promulgate such regulations as the
Secretary determines to be necessary to carry out the provisions of this
subsection.
`(c) LOAN GUARANTEE PROGRAM-
`(1) AUTHORITY- The Secretary may guarantee not more than 90 percent of
the unpaid principal and interest due on any loan made to any Indian tribe
for energy development, including the planning, development, construction,
and maintenance of electrical generation plants, and for transmission and
delivery mechanisms for electricity produced on Indian land. A loan
guaranteed under this subsection shall be made by--
`(A) a financial institution subject to the examination of the
Secretary; or
`(B) an Indian tribe, from funds of the Indian tribe, to another
Indian tribe.
`(2) AVAILABILITY OF APPROPRIATIONS- Amounts appropriated to cover the
cost of loan guarantees shall be available without fiscal year limitation to
the Secretary to fulfill
obligations arising under this subsection.
`(3) Authorization of appropriations-
`(A) There are authorized to be appropriated to the Secretary such
sums as may be necessary to cover the cost of loan guarantees, as defined
by section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5)).
`(B) There are authorized to be appropriated to the Secretary such
sums as may be necessary to cover the administrative expenses related to
carrying out the loan guarantee program established by this
subsection.
`(4) LIMITATION ON AMOUNT- The aggregate outstanding amount guaranteed
by the Secretary of Energy at any one time under this subsection shall not
exceed $2,000,000,000.
`(5) REGULATIONS- The Secretary is authorized to promulgate such
regulations as the Secretary determines to be necessary to carry out the
provisions of this subsection.
`(d) INDIAN ENERGY PREFERENCE- (1) An agency or department of the United
States Government may give, in the purchase of electricity, oil, gas, coal, or
other energy product or by-product, preference in such purchase to an energy
and resource production enterprise, partnership, corporation, or other type of
business organization majority or wholly owned and controlled by a tribal
government.
`(2) In implementing this subsection, an agency or department shall pay no
more than the prevailing market price for the energy product or by-product and
shall obtain no less than existing market terms and conditions.
`(e) EFFECT ON OTHER LAWS- This section does not--
`(1) limit the discretion vested in an Administrator of a Federal power
marketing agency to market and allocate Federal power, or
`(2) alter Federal laws under which a Federal power marketing agency
markets, allocates, or purchases power.'.
SEC. 402. OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.
Title II of the Department of Energy Organization Act is amended by adding
at the end the following:
`OFFICE OF INDIAN ENERGY POLICY AND PROGRAMS.
`SEC. 217. (a) There is established within the Department an Office of
Indian Energy Policy and Programs. This Office shall be headed by a Director,
who shall be appointed by the Secretary and compensated at the rate equal to
that of level IV of the Executive Schedule under section 5315 of Title 5,
United States Code.
`(b) The Director shall provide, direct, foster, coordinate, and implement
energy planning, education, management, conservation, and delivery programs of
the Department that--
`(1) promote tribal energy efficiency and utilization;
`(2) modernize and develop, for the benefit of Indian tribes, tribal
energy and economic infrastructure related to natural resource development
and electrification;
`(3) preserve and promote tribal sovereignty and self determination
related to energy matters and energy deregulation;
`(4) lower or stabilize energy costs; and
`(5) electrify tribal members' homes and tribal lands.
`(c) The Director shall carry out the duties assigned the Secretary or the
Director under title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et
seq.).'.
SEC. 403. CONFORMING AMENDMENTS.
(a) AUTHORIZATION OF APPROPRIATIONS- Section 2603(c) of the Energy Policy
Act of 1992 (25 U.S.C. 3503(c)) is amended to read as follows:
`(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as may be necessary to carry out the purposes of this
section.'.
(b) TABLE OF CONTENTS- The Table of Contents of the Department of Energy
Act is amended by inserting after the item relating to section 216 the
following new item:
`Sec. 217. Office of Indian Energy Policy and Programs.'.
(c) EXECUTIVE SCHEDULE- Section 5315 of title 5, United States Code, is
amended by inserting `Director, Office of Indian Energy Policy and Programs,
Department of Energy.' after `Inspector General, Department of Energy.'.
SEC. 404. SITING ENERGY FACILITIES ON TRIBAL LANDS.
(a) DEFINITIONS- For purposes of this section:
(1) INDIAN TRIBE- The term `Indian tribe' means any Indian tribe, band,
nation, or other organized group or community, which is recognized as
eligible for the special programs and services provided by the United States
to Indians because of their status as Indians, except that such term does
not include any Regional Corporation as defined in section 3(g) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1602(g)).
(2) INTERESTED PARTY- The term `interested party' means a person whose
interests could be adversely affected by the decision of an Indian tribe to
grant a lease or right-of-way pursuant to this section.
(3) PETITION- The term `petition' means a written request submitted to
the Secretary for the review of an action (or inaction) of the Indian tribe
that is claimed to be in violation of the approved tribal regulations;
(4) RESERVATION- The term `reservation' means--
(A) with respect to a reservation in a State other than Oklahoma, all
land that has been set aside or that has been acknowledged as having been
set aside by the United States for the use of an Indian tribe, the
exterior boundaries of which are more particularly defined in a final
tribal treaty, agreement, executive order, federal statute, secretarial
order, or judicial determination;
(B) with respect to a reservation in the State of Oklahoma, all land
that is--
(i) within the jurisdictional area of an Indian tribe,
and
(ii) within the boundaries of the last reservation of such tribe
that was established by treaty, executive order, or secretarial
order.
(5) SECRETARY- The term `Secretary' means the Secretary of the
Interior.
(6) TRIBAL LANDS- The term `tribal lands' means any tribal trust lands
or other lands owned by an Indian tribe that are within a reservation, or
tribal trust lands located contiguous thereto.
(b) LEASES INVOLVING GENERATION, TRANSMISSION, DISTRIBUTION OR ENERGY
PROCESSING FACILITIES- An Indian tribe may grant a lease of tribal land for
electric generation, transmission, or distribution facilities, or facilities
to process or refine renewable or nonrenewable energy resources developed on
tribal lands, and such leases shall not require the approval of the Secretary
if the lease is executed under tribal regulations approved by the Secretary
under this subsection and the term of the lease does not exceed 30 years.
(c) RIGHTS-OF-WAY FOR ELECTRIC GENERATION, TRANSMISSION, DISTRIBUTION OR
ENERGY PROCESSING FACILITIES- An Indian tribe may grant a right-of-way over
tribal lands for a pipeline or an electric transmission or distribution line
without separate approval by the Secretary, if--
(1) the right-of-way is executed under and complies with tribal
regulations approved by the Secretary and the term of the right-of-way does
not exceed 30 years; and
(2) the pipeline or electric transmission or distribution line
serves--
(A) an electric generation, transmission or distribution facility
located on tribal land, or
(B) a facility located on tribal land that processes or refines
renewable or nonrenewable energy resources developed on tribal
lands.
(d) RENEWALS- Leases or rights-of-way entered into under this subsection
may be renewed at the discretion of the Indian tribe in accordance with the
requirements of this section.
(e) Tribal Regulation Requirements-
(1) The Secretary shall have the authority to approve or disapprove
tribal regulations required under this subsection. The Secretary shall
approve such tribal regulations if they are comprehensive in nature,
including provisions that address--
(A) securing necessary information from the lessee or right-of-way
applicant;
(B) term of the conveyance;
(C) amendments and renewals;
(D) consideration for the lease or right-of-way;
(E) technical or other relevant requirements;
(F) requirements for environmental review as set forth in paragraph
(3);
(G) requirements for complying with all applicable environmental laws;
and
(H) final approval authority.
(2) No lease or right-of-way shall be valid unless authorized in
compliance with the approved tribal regulations.
(3) An Indian tribe, as a condition of securing Secretarial approval as
contemplated in paragraph (1), must establish an environmental review
process that includes the following--
(A) an identification and evaluation of all significant environmental
impacts of the proposed action as compared to a no action
alternative;
(B) identification of proposed mitigation;
(C) a process for ensuring that the public is informed of and has an
opportunity to comment on the proposed action prior to tribal approval of
the lease or right-of-way; and
(D) sufficient administrative support and technical capability to
carry out the environmental review process.
(4) The Secretary shall review and approve or disapprove the regulations
of the Indian tribe within 180 days of the submission of such regulations to
the Secretary. Any disapproval of such regulations by the Secretary shall be
accompanied by written documentation that sets forth the basis for the
disapproval. The 180-day period may be extended by the Secretary after
consultation with the Indian tribe.
(5) If the Indian tribe executes a lease or right-of-way pursuant to
tribal regulations required under this subsection, the Indian tribe shall
provide the Secretary with--
(A) a copy of the lease or right-of-way document and all amendments
and renewals thereto; and
(B) in the case of regulations or a lease or right-of-way that permits
payment to be made directly to the Indian tribe, documentation of the
payments sufficient to enable the Secretary to discharge the trust
responsibility of the United States as appropriate under existing
law.
(6) The United States shall not be liable for losses sustained by any
party to a lease executed pursuant to tribal regulations under this
subsection, including the Indian tribe.
(7)(A) An interested party may, after exhaustion of tribal remedies,
submit, in a timely manner, a petition to the Secretary to review the
compliance of the Indian tribe with any tribal regulations approved under
this subsection. If upon such review, the Secretary determines that the
regulations were violated, the Secretary may take such action as may be
necessary to remedy the violation, including rescinding or holding the lease
or right-of-way in abeyance until the violation is cured. The Secretary may
also rescind the approval of the tribal regulations and reassume the
responsibility for approval of leases or rights-of-way associated with the
facilities addressed in this section.
(B) If the Secretary seeks to remedy a violation described in
subparagraph (A), the Secretary shall--
(i) make a written determination with respect to the regulations that
have been violated;
(ii) provide the Indian tribe with a written notice of the alleged
violation together with such written determination; and
(iii) prior to the exercise of any remedy or the rescission of the
approval of the regulations involved and reassumption of the lease or
right-of-way approval responsibility, provide the Indian tribe with a
hearing and a reasonable opportunity to cure the alleged
violation.
(C) The tribe shall retain all rights to appeal as provided by
regulations promulgated by the Secretary.
(1) Agreements between an Indian tribe and a business entity that are
directly associated with the development of electric generation,
transmission or distribution facilities, or facilities to process or refine
renewable or nonrenewable energy resources developed on tribal lands, shall
not separately require the approval of the Secretary pursuant to section 18
of title 25, United States Code, so long as the activity that is the subject
of the agreement has been the subject of an environmental review process
pursuant to subsection (e) of this section.
(2) The United States shall not be liable for any losses or damages
sustained by any party, including the Indian tribe, that are associated with
an agreement entered into under this subsection.
(g) DISCLAIMER- Nothing in this section is intended to modify or otherwise
affect the applicability of any provision of the Indian Mineral Leasing Act of
1938 (25 U.S.C. 396a-396g); Indian Mineral Development Act of 1982 (25 U.S.C.
2101-2108); Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.
1201-1328); any amendments thereto; or any other laws not specifically
addressed in this section.
SEC. 405. INDIAN MINERAL DEVELOPMENT ACT REVIEW.
(a) IN GENERAL- The Secretary of the Interior shall conduct a review of
the activities that have been conducted by the governments of Indian tribes
under the authority of the Indian Mineral Development Act of 1982 (25 U.S.C.
2101 et seq.).
(b) REPORT- Not later than one year after the date of the enactment of
this Act, the Secretary shall transmit to the Committee on Resources of the
House of Representatives and the Committee on Indian Affairs and the Committee
on Energy and Natural Resources of the Senate a report containing:
(1) the results of the review;
(2) recommendations designed to help ensure that Indian tribes have the
opportunity to develop their nonrenewable energy resources; and
(3) an analysis of the barriers to the development of energy resources
on Indian land, including federal policies and regulations, and make
recommendations regarding the removal of those barriers.
(c) CONSULTATION- The Secretary shall consult with Indian tribes on a
government-to-government basis in developing the report and recommendations as
provided in this subsection.
SEC. 406. RENEWABLE ENERGY STUDY.
(a) IN GENERAL- Not later than 2 years after the date of the enactment of
this Act, and once every 2 years thereafter, the Secretary of Energy shall
transmit to the Committees on Energy and Commerce and Resources of the House
of Representatives and the Committees on Energy and Natural Resources and
Indian Affairs of the Senate a report on energy consumption and renewable
energy development potential on Indian land. The report shall identify
barriers to the development of renewable energy by Indian tribes, including
federal policies and regulations, and make recommendations regarding the
removal of such barriers.
(b) CONSULTATION- The Secretary shall consult with Indian tribes on a
government-to-government basis in developing the report and recommendations as
provided in this section.
SEC. 407. FEDERAL POWER MARKETING ADMINISTRATIONS.
Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501) (as amended
by section 201) is amended by adding the at the end of the following:
`SEC. 2608. FEDERAL POWER MARKETING ADMINISTRATIONS.
`(a) DEFINITION OF ADMINISTRATOR- In this section, the term
`Administrator' means--
`(1) the Administrator of the Bonneville Power Administration; or
`(2) the Administrator of the Western Area Power Administration.
`(b) Assistance for Transmission Studies-
`(1) Each Administrator may provide technical assistance to Indian
tribes seeking to use the high-voltage transmission system for delivery of
electric power. The costs of such technical assistance shall be
funded--
`(A) by the Administrator using non-reimbursable funds appropriated
for this purpose, or
`(B) by the Indian tribe.
`(2) PRIORITY FOR ASSISTANCE FOR TRANSMISSION STUDIES- In providing
discretionary assistance to Indian tribes under paragraph (1), each
Administrator shall give priority in funding to Indian tribes that have
limited financial capability to conduct such studies.'.
SEC. 408. FEASIBILITY STUDY OF COMBINED WIND AND HYDROPOWER DEMONSTRATION
PROJECT.
(a) STUDY- The Secretary of Energy, in coordination with the Secretary of
the Army and the Secretary of the Interior, shall conduct a study of the cost
and feasibility of developing a demonstration project that would use wind
energy generated by Indian tribes and hydropower generated by the Army Corps
of Engineers on the Missouri River to supply firming power to the Western Area
Power Administration.
(b) SCOPE OF STUDY- The study shall--
(1) determine the feasibility of the blending of wind energy and
hydropower generated from the Missouri River dams operated by the Army Corps
of Engineers;
(2) review historical purchase requirements and projected purchase
requirements for firming and the patterns of availability and use of firming
energy;
(3) assess the wind energy resource potential on tribal lands and
projected cost savings through a blend of wind and hydropower over a
thirty-year period; and
(4) include a preliminary interconnection study and a determination of
resource adequacy of the Upper Great Plains Region of the Western Area Power
Administration;
(5) determine seasonal capacity needs and associated transmission
upgrades for integration of tribal wind generation; and
(6) include an independent tribal engineer as a study team member.
(c) REPORT- The Secretary of Energy and Secretary of the Army shall submit
a report to Congress not later than one year after the date of enactment of
this title. The Secretaries shall include in the report--
(1) an analysis of the potential energy cost savings to the customers of
the Western Area Power Administration through the blend of wind and
hydropower;
(2) an evaluation of whether a combined wind and hydropower system can
reduce reservoir fluctuation, enhance efficient and reliable energy
production and provide Missouri River management flexibility;
(3) recommendations for a demonstration project which the Western Area
Power Administration could carry out in partnership with an Indian tribal
government or tribal government energy consortium to demonstrate the
feasibility and potential of using wind energy produced on Indian lands to
supply firming energy to the Western Area Power Administration or other
Federal power marketing agency; and
(4) an identification of the economic and environmental benefits to be
realized through such a federal-tribal partnership and identification of how
such a partnership could contribute to the energy security of the United
States.
(d) CONSULTATION- The Secretary shall consult with Indian tribes on a
government-to-government basis in developing the report and recommendations
provided in this section.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated $500,000 to carry out this section, which shall remain available
until expended. All costs incurred by the Western Area Power Administration
associated with performing the tasks required under this section shall be
non-reimbursable.
TITLE V--NUCLEAR POWER
Subtitle A--Price-Anderson Act Reauthorization
SEC. 501. SHORT TITLE.
This subtitle may be cited as the `Price-Anderson Amendments Act of
2002'.
SEC. 502. EXTENSION OF DEPARTMENT OF ENERGY INDEMNIFICATION AUTHORITY.
Section 170 d.(1)(A) of the Atomic Energy Act of 1954 (42 U.S.C.
2210(d)(1)(A)) is amended by striking `, until August 1, 2002,'.
SEC. 503. DEPARTMENT OF ENERGY LIABILITY LIMIT.
(a) INDEMNIFICATION OF DEPARTMENT OF ENERGY CONTRACTORS- Section 170 d. of
the Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) is amended by striking
paragraph (2) and inserting the following:
`(2) In agreements of indemnification entered into under paragraph (1),
the Secretary--
`(A) may require the contractor to provide and maintain financial
protection of such a type and in such amounts as the Secretary shall
determine to be appropriate to cover public liability arising out of or in
connection with the contractual activity, and
`(B) shall indemnify the persons indemnified against such claims above
the amount of the financial protection required, in the amount of
$10,000,000,000 (subject to adjustment for inflation under subsection t.),
in the aggregate, for all persons indemnified in connection with such
contract and for each nuclear incident, including such legal costs of the
contractor as are approved by the Secretary.'.
(b) CONTRACT AMENDMENTS- Section 170 d. of the Atomic Energy Act of 1954
(42 U.S.C. 2210(d)) is further amended by striking paragraph (3) and inserting
the following:
`(3) All agreements of indemnification under which the Department of
Energy (or its predecessor agencies) may be required to indemnify any
person, shall be deemed to be amended, on the date of the enactment of the
Price-Anderson Amendments Act of 2002, to reflect the amount of indemnity
for public liability and any applicable financial protection required of the
contractor under this subsection on such date.'.
(c) LIABILITY LIMIT- Section 170 e.(1)(B) of the Atomic Energy Act of 1954
(42 U.S.C. 2210(e)(1)(B)) is amended by striking `paragraph (3)' and inserting
`paragraph (2)(B)'.
SEC. 504. INCIDENTS OUTSIDE THE UNITED STATES.
(a) AMOUNT OF INDEMNIFICATION- Section 170 d.(5) of the Atomic Energy Act
of 1954 (42 U.S.C. 2210(d)(5)) is amended by striking `$100,000,000' and
inserting `$500,000,000'.
(b) LIABILITY LIMIT- Section 170 e.(4) of the Atomic Energy Act of 1954
(42 U.S.C. 2210(e)(4) is amended by striking `$100,000,000' and inserting
`$500,000,000'.
SEC. 505. REPORTS.
Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is
amended by striking `August 1, 1998' and inserting `August 1, 2013'.
SEC. 506. INFLATION ADJUSTMENT.
Section 170 t. of the Atomic Energy Act of 1954 (42 U.S.C. 2210 (t)) is
amended--
(1) by renumbering paragraph (2) as paragraph (3); and
(2) by adding after paragraph (1) the following:
`(2) The Secretary shall adjust the amount of indemnification provided
under an agreement of indemnification under subsection d. not less than once
during each 5-year period following July 1, 2002, in accordance with the
aggregate percentage change in the Consumer Price Index since--
`(A) such date of enactment, in the case of the first adjustment under
this paragraph; or
`(B) the previous adjustment under this paragraph.'.
SEC. 507. CIVIL PENALTIES.
(a) REPEAL OF AUTOMATIC REMISSION- Section 234A b.(2) of the Atomic Energy
of 1954 (42 U.S.C. 2282a (b)(2)) is amended by striking the last sentence.
(b) LIMITATION FOR NONPROFIT INSTITUTIONS- Section 234A of the Atomic
Energy Act of 1954 (42 U.S.C. 2282a) is further amended by striking subsection
d. and inserting the following:
`d. In the case of a contractor, subcontractor, or supplier of the
Department of Energy that is an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and that is exempt from taxation under
section 501(a) of the Code--
`(1) the assessment of any civil penalty under subsection a. against
that entity may not be made until the entity enters into a new contract with
the Department of Energy or an extension of a current contract with the
Department; and
`(2) the total amount of civil penalties under subsection a. in a fiscal
year may not exceed the total amount of fees paid by the Department of
Energy to that entity in that
fiscal year.'.
SEC. 508. EFFECTIVE DATE.
The amendments made by sections 503(a) and 504 shall not apply to any
nuclear incident that occurs before the date of the enactment of this
subtitle.
Subtitle B--Miscellaneous Provisions
SEC. 511. URANIUM SALES.
(a) URANIUM HEXAFLUORIDE DERIVED FROM RUSSIAN HIGHLY ENRICHED URANIUM-
Section 3112(b)(2) of the USEC Privatization Act (42 U.S.C. 2297h-10(b)(2)) is
amended to read as follows:
`(2) The Secretary may not sell any uranium hexafluoride transferred to
the Secretary pursuant to paragraph (1) to any end user other than the
United States for consumption in the United States prior to March 24, 2009,
and may not sell or transfer more than 3,000,000 pounds of
U3O8 equivalent for consumption in the United States in
calendar year 2009 or in any calendar year thereafter.'.
(b) INVENTORY SALES- Section 3112(d)(1) of the USEC Privatization Act (42
U.S.C. 2297h-10(d)(1)) is amended to read as follows:
`(1) Except as provided in subsections (b), (c), and (e), and except for
transfers or sales of any uranium that will be further processed at a
domestic uranium mill, the Secretary may not sell natural or low-enriched
uranium (including low-enriched uranium derived from highly enriched
uranium) from the Department of Energy's stockpile prior to May 24,
2009.'.
SEC. 512. REAUTHORIZATION OF THORIUM REIMBURSEMENT.
(a) REIMBURSEMENT OF THORIUM LICENSEES- Section 1001(b)(2)(C) of the
Energy Policy Act of 1992 (42 U.S.C. 2296a) is amended by striking
`$140,000,000' and inserting `$263,000,000'.
(b) AUTHORIZATION OF APPROPRIATIONS- Section 1003(a) of the Energy Policy
Act of 1992 (42 U.S.C. 2296a-2) is amended by striking `$490,000,000' and
inserting `$613,000,000'.
(c) DECONTAMINATION AND DECOMMISSIONING FUND- Section 1802(a) of the
Atomic Energy Act of 1954 (42 U.S.C. 2297g-1) is amended by striking
`$488,333,333' and inserting `$508,833,333'.
SEC. 513. FAST FLUX TEST FACILITY.
The Secretary of Energy shall not reactivate the Fast Flux Test Facility
to conduct--
(1) any atomic energy defense activity,
(2) any space-related mission, or
(3) any program for the production or utilization of nuclear material if
the Secretary has determined, in a record of decision, that the program can
be carried out at existing operating facilities.
DIVISION B--DOMESTIC OIL AND GAS PRODUCTION AND
TRANSPORTATION
TITLE VI--OIL AND GAS PRODUCTION
SEC. 601. PERMANENT AUTHORITY TO OPERATE THE STRATEGIC PETROLEUM
RESERVE.
(a) AMENDMENT TO TITLE I OF THE ENERGY POLICY AND CONSERVATION ACT- Title
I of the Energy Policy and Conservation Act (42 U.S.C. 6211 et seq.) is
amended--
(1) by striking section 166 (42 U.S.C. 6246) and inserting--
`SEC. 166. There are authorized to be appropriated to the Secretary such
sums as may be necessary to carry out this part, to remain available until
expended.'; and
(2) by striking part E (42 U.S.C. 6251; relating to the expiration of
title I of the Act) and its heading.
(b) AMENDMENT TO TITLE II OF THE ENERGY POLICY AND CONSERVATION ACT- Title
II of the Energy Policy and Conservation Act (42 U.S.C. 6271 et seq.) is
amended--
(1) by striking section 256(h) (42 U.S.C. 6276(h)) and inserting--
`(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry out this
part, to remain available until expended.'.
(2) by striking section 273(e) (42 U.S.C. 6283(e); relating to the
expiration of summer fill and fuel budgeting programs); and
(3) by striking part D (42 U.S.C. 6285; relating to the expiration of
title II of the Act) and its heading.
(c) TECHNICAL AMENDMENTS- The table of contents for the Energy Policy and
Conservation Act is amended by striking the items relating to part D of title
I and part D of title II.
SEC. 602. FEDERAL ONSHORE LEASING PROGRAMS FOR OIL AND GAS.
(a) TIMELY ACTION ON LEASES AND PERMITS- The Secretary of the Interior
shall provide for the timely leasing of lands containing oil or gas and timely
action on applications for permits to drill under section 17 of the Mineral
Leasing Act (30 U.S.C. 226). To ensure timely action on oil and gas leases and
applications for permits to drill, the Secretary shall--
(1) ensure expeditious compliance with the requirements section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C));
(2) improve consultation and coordination with the States;
(3) improve the collection, storage, and retrieval of information
related to such leasing activities; and
(4) improve inspection and enforcement activities related to oil and gas
leases.
(b) AUTHORIZATION OF APPROPRIATIONS- For the purpose of carrying out
paragraphs (1) through (4) of subsection (a), there are authorized to be
appropriated to the Secretary of the Interior $60,000,000 for each of the
fiscal years 2003 through 2006, in addition to amounts otherwise authorized to
be appropriated for the purpose of carrying out section 17 of the Mineral
Leasing Act (30 U.S.C. 226).
SEC. 603. OIL AND GAS LEASE ACREAGE LIMITATIONS.
Section 27(d)(1) of the Mineral Leasing Act (30 U.S.C. 184(d)(1)) is
amended by inserting after `acreage held in special tar sand areas' the
following: `as well as acreage under any lease any portion of which has been
committed to a Federally approved unit or cooperative plan or communitization
agreement, or for which royalty, including compensatory royalty or royalty in
kind, was paid in the preceding calendar year,'.
SEC. 604. HYDRAULIC FRACTURING.
Section 1421 of the Safe Drinking Water Act (42 U.S.C. Sec. 300h) is
amended by adding at the end the following:
`(e) Hydraulic Fracturing for Oil and Gas Production-
`(1) Study of the effects of hydraulic fracturing-
`(A) IN GENERAL- Not later than 24 months after the date of enactment
of this subsection, the Administrator shall complete a study of the known
and potential effects on underground drinking water sources of hydraulic
fracturing, including the effects of hydraulic fracturing on underground
drinking water sources on a nationwide basis, and within specific regions,
States, or portions of States.
`(B) CONSULTATION- In planning and conducting the study, the
Administrator shall consult with the Secretary of the Interior, the
Secretary of Energy, the Ground Water Protection Council, affected States,
and, as appropriate, representatives of environmental, industry, academic,
scientific, public health, and other relevant organizations. Such study
may be accomplished in conjunction with other ongoing studies related to
the effects of oil and gas production on groundwater resources.
`(C) STUDY ELEMENTS- The study conducted under subparagraph (A) shall,
at a minimum, examine and make findings as to whether--
`(i) such hydraulic fracturing has, or will, endanger (as defined
under subsection (d)(2)) underground drinking water sources, including
those sources within specific regions, States or portions of
States;
`(ii) there are specific methods, practices, or hydrogeologic
circumstances in which hydraulic fracturing has, or will, endanger
underground drinking water sources; and
`(iii) there are any precautionary actions that may reduce or
eliminate any such endangerment.
`(2) INDEPENDENT SCIENTIFIC REVIEW-
`(A) IN GENERAL- Not later than 2 months after the study under
paragraph (1) is completed, the Administrator shall enter into an
appropriate agreement with the National Academy of Sciences to have the
Academy review the conclusions of the study.
`(B) REPORT--Not later than 9 months after entering into an
appropriate agreement with the Administrator, the National Academy of
Sciences shall report to the Administrator, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on Environment
and Public Works of the Senate, on the--
`(i) findings related to the study conducted by the Administrator
under paragraph (1); and
`(ii) recommendations, if any, for modifying the findings of the
study.
`(3) REGULATORY DETERMINATION-
`(A) IN GENERAL- Not later than 6 months after receiving the National
Academy of Sciences report under paragraph (2), the Administrator shall
determine, after informal public hearings and public notice and
opportunity for comment, and based on information developed or accumulated
in connection with the study required under paragraph (1) and the National
Academy of Sciences report under paragraph (2), either:
`(i) that regulation of hydraulic fracturing under this part is
necessary to ensure that underground sources of drinking water will not
be endangered on a nationwide basis, or within a specific region, State
or portions of a State; or
`(ii) that regulation described under clause (i) is
unnecessary.
`(B) PUBLICATION OF DETERMINATION- The Administrator shall publish the
determination in the Federal Register, accompanied by an explanation and
the reasons for it.
`(4) PROMULGATION OF REGULATIONS-
`(A) REGULATION NECESSARY- If the Administrator determines under
paragraph (3) that regulation of hydraulic fracturing under this part is
necessary to ensure that hydraulic fracturing does not endanger
underground drinking water sources on a nationwide basis, or within a
specific region, State or portions of a State, the Administrator shall,
within 6 months after the issuance of that determination, and after public
notice and opportunity for comment, promulgate regulations under section
1421 (42 U.S.C. 300h) to ensure that hydraulic fracturing will not
endanger such underground sources of drinking water.
`(B) REGULATION UNNECESSARY- The Administrator shall not promulgate
regulations for hydraulic fracturing under this part unless the
Administrator determines under paragraph (3) that such regulations are
necessary.
`(C) EXISTING REGULATIONS- A determination by the Administrator under
paragraph (3) that regulation is unnecessary will relieve States from any
further obligation to regulate hydraulic fracturing as an underground
injection under this part.
`(5) DEFINITION OF HYDRAULIC FRACTURING- For purposes of this
subsection, the term `hydraulic fracturing' means the process of creating a
fracture in a reservoir rock, and injecting fluids and propping agents, for
the purposes of reservoir stimulation related to oil and gas production
activities.
`(6) SAVINGS- Nothing in this subsection shall in any way limit the
authorities of the Administrator under section 1431 (42 U.S.C.
300i).'.
SEC. 605. ORPHANED WELLS ON FEDERAL LAND.
(a) ESTABLISHMENT- The Secretary of the Interior, in cooperation with the
Secretary of Agriculture, shall establish a program to ensure within three
years after the date of enactment remediation, reclamation, and closure of
orphaned oil and gas wells located on lands administered by the land
management agencies within the Department of the Interior and the U.S. Forest
Service. The program shall include a means of ranking critical sites for
priority in remediation based on potential environmental harm, other land use
priorities, and public health and safety. The program shall provide that
responsible parties be identified wherever possible and that the costs of
remediation be recovered. In carrying out the program, the Secretary of the
Interior shall work cooperatively with the Secretary of Agriculture and the
states within which the federal lands are located, and shall consult with the
Secretary of Energy, and the Interstate Oil and Gas Compact Commission.
(b) PLAN- Within six months from the date of enactment of this section,
the Secretary of the Interior, in cooperation with the Secretary of
Agriculture, shall prepare a plan for carrying out the program established
under subsection (a). Copies of the plan shall be transmitted to the Committee
on Energy and Natural Resources of the Senate and the Committee on Resources
of the House of Representatives.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary of the Interior $5,000,000 for each of fiscal
years 2003 through 2005 to carry out the activities provided for in this
section.
SEC. 606. ORPHANED AND ABANDONED OIL AND GAS WELL PROGRAM.
(a) ESTABLISHMENT- The Secretary of Energy shall establish a program to
provide technical assistance to the various oil and gas producing states to
facilitate state efforts over a ten-year period to ensure a practical and
economical remedy for environmental problems caused by orphaned and abandoned
exploration or production well sites on state and private lands. The Secretary
shall work with the states, through the Interstate Oil and Gas Compact
Commission, to assist the states in quantifying and mitigating environmental
risks of onshore abandoned and orphaned wells on state and private lands.
(b) PROGRAM ELEMENTS- The program should include--
(1) mechanisms to facilitate identification of responsible parties
wherever possible;
(2) criteria for ranking critical sites based on factors such as other
land use priorities, potential environmental harm and public visibility;
and
(3) information and training programs on best practices for remediation
of different types of sites.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary of Energy for the activities under this section
$5,000,000 for each of fiscal years 2003 through 2005 to carry out the
provisions of this section.
SEC. 607. OFFSHORE DEVELOPMENT.
Section 5 of the Outer Continental Shelf Lands Act of 1953 (43 U.S.C.
1334) is amended by adding at the end the following:
`(k) SUSPENSION OF OPERATIONS FOR SUBSALT EXPLORATION- Notwithstanding any
other provision of law or regulation, the Secretary may grant a request for a
suspension of operations under any lease to allow the lessee to reprocess or
reinterpret geologic or geophysical data beneath allocthonous salt sheets,
when in the Secretary's judgment such suspension is necessary to prevent waste
caused by the drilling of unnecessary wells, and to maximize ultimate recovery
of hydrocarbon resources under the lease. Such suspension shall be limited to
the minimum period of time the Secretary determines is necessary to achieve
the objectives of this subsection.'.
SEC. 608. COALBED METHANE STUDY.
(a) STUDY- The Secretary of the Interior, in consultation with the
Administrator of the Environmental Protection Agency, and the Secretaries of
Energy and Agriculture, shall conduct a study on the effects of coalbed
methane production on surface and water resources.
(b) DATA ANALYSIS- The study shall analyze available hydrogeologic and
water quality data, along with other pertinent environmental or other
information to determine--
(1) adverse effects associated with surface or subsurface disposal of
waters produced during extraction of coalbed methane;
(2) depletion of groundwater aquifers or drinking water sources
associated with
production of coalbed methane;
(3) any other significant adverse impacts to surface or water resources
associated with production of coalbed methane; and
`(4) production techniques or other factors that can mitigate adverse
impacts from coalbed methane development.
(c) RECOMMENDATIONS- The study shall analyze existing Federal and State
laws and regulations, and make recommendations as to changes, if any, to
Federal law necessary to address adverse impacts to surface or water resources
attributable to coalbed methane development.
(d) REPORT TO CONGRESS- The Secretary of the Interior shall report to
Congress on the findings and recommendations of this study within 18 months
following enactment of this Act.
SEC. 609. FISCAL POLICIES TO MAXIMIZE RECOVERY OF DOMESTIC OIL AND GAS
RESOURCES.
(a) EVALUATION- The Secretary of Energy, in coordination with the
Secretaries of the Interior, Commerce, and Treasury, Indian tribes and the
Interstate Oil and Gas Compact Commission, shall evaluate the impact of
existing Federal and State tax and royalty policies on the development of
domestic oil and gas resources and on revenues to Federal, State, local and
tribal governments.
(b) SCOPE- The evaluation under subsection (a) shall--
(1) analyze the impact of fiscal policies on oil and natural gas
exploration, development drilling, and production under different price
scenarios, including the impact of the individual and corporate Alternative
Minimum Tax, state and local production taxes and fixed royalty rates during
low price periods;
(2) assess the effect of existing federal and state fiscal policies on
investment under different geological and developmental circumstances,
including but not limited to deepwater environments, subsalt formations,
deep and deviated wells, coalbed methane and other unconventional oil and
gas formations;
(3) assess the extent to which federal and state fiscal policies
negatively impact the ultimate recovery of resources from existing fields
and smaller accumulations in offshore waters, especially in water depths
less than 800 meters, of the Gulf of Mexico;
(4) compare existing federal and state policies with tax and royalty
regimes in other countries with particular emphasis on similar geological,
developmental and infrastructure conditions; and
(5) evaluate how alternative tax and royalty policies, including
counter-cyclical measures, could increase recovery of domestic oil and
natural gas resources and revenues to Federal, State, local and tribal
governments.
(c) POLICY RECOMMENDATIONS- Based upon the findings of the evaluation
under subsection (a), a report describing the findings and recommendations for
policy changes shall be provided to the President, the Congress, the Governors
of the member states of the Interstate Oil and Gas Compact Commission, and
Indian tribes having an oil and gas lease approved by the Secretary of the
Interior. The recommendations should ensure that the public interest in
receiving the economic benefits of tax and royalty revenues is balanced with
the broader national security and economic interests in maximizing recovery of
domestic resources. The report should include recommendations regarding
actions to--
(1) ensure stable development drilling during periods of low oil and/or
natural gas prices to maintain reserve replacement and deliverability;
(2) minimize the negative impact of a volatile investment climate on the
oil and gas service industry and domestic oil and gas exploration and
production;
(3) ensure a consistent level of domestic activity to encourage the
education and retention of a technical workforce; and
(4) maintain production capability during periods of low oil and/or
natural gas prices.
(d) ROYALTY GUIDELINES- The recommendations required under (c) should
include guidelines for private resource holders as to the appropriate level of
royalties given geology, development cost, and the national interest in
maximizing recovery of oil and gas resources.
(e) REPORT- The study under subsection (a) shall be completed not later
than 18 months after the date of enactment of this section. The report and
recommendations required in (c) shall be transmitted to the President, the
Congress, Indian tribes, and the Governors of the member States of the
Interstate Oil and Gas Compact Commission.
SEC. 610. STRATEGIC PETROLEUM RESERVE.
(a) FULL CAPACITY- The President shall--
(1) fill the Strategic Petroleum Reserve established pursuant to part B
of title I of the Energy Policy and Conservation Act (42 U.S.C. 6231 et
seq.) to full capacity as soon as practicable;
(2) acquire petroleum for the Strategic Petroleum Reserve by the most
practicable and cost-effective means, including the acquisition of crude oil
the United States is entitled to receive in kind as royalties from
production on Federal lands; and
(3) ensure that the fill rate minimizes impacts on petroleum
markets.
(b) RECOMMENDATIONS- Not later than 180 days after the date of enactment
of this Act, the Secretary of Energy shall submit to Congress a plan to--
(1) eliminate any infrastructure impediments that may limit maximum
drawdown capability; and
(2) determine whether the capacity of the Strategic Petroleum Reserve on
the date of enactment of this section is adequate in light of the increasing
consumption of petroleum and the reliance on imported petroleum.
TITLE VII--NATURAL GAS PIPELINES
Subtitle A--Alaska Natural Gas Pipeline
SEC. 701. SHORT TITLE.
This subtitle may be cited as the `Alaska Natural Gas Pipeline Act of
2002'.
SEC. 702. PURPOSES.
The purposes of this subtitle are:
(1) to expedite the approval, construction, and initial operation of one
or more transportation systems for the delivery of Alaska natural gas to the
contiguous United States;
(2) to ensure access to such transportation systems on an equal and
nondiscriminatory basis and to promote competition in the exploration,
development and production of Alaska Natural Gas;
(3) to provide federal financial assistance to any transportation system
for the transport of Alaska natural gas to the contiguous United States, for
which an application for a certificate of public convenience and necessity
is filed with the Commission not later than six months after the date of
enactment of this title.
SEC. 703. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.
(a) AUTHORITY OF THE COMMISSION- Notwithstanding the provisions of the
Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719-719o),
the Commission shall consider and act on an application for the issuance of a
certificate of public convenience and necessity authorizing the construction
and operation of an Alaska natural gas transportation project under section
7(c) of the Natural Gas Act (15 U.S.C. 717f(c)).
(b) ISSUANCE OF CERTIFICATE-
(1) PROJECTS IN ALASKA- The Commission shall issue a certificate of
public convenience and necessity authorizing the construction and operation
of an Alaska natural gas transportation project within the State of Alaska
if the applicant has--
(A) entered into a contract to transport Alaska natural gas through
the proposed Alaska natural gas transportation project for use in the
contiguous United States; and
(B) satisfied the requirements of section 7(e) of the Natural Gas Act
(15 U.S.C. 717f(e)) with respect to--
(i) rates, charges, and terms and conditions of such transportation
services; and
(ii) all environmental laws applicable to the proposed
facilities.
(2) PROJECTS IN THE CONTIGUOUS UNITED STATES- The Commission may issue a
certificate of public convenience and necessity authorizing the construction
and operation of an Alaska natural gas transportation project in the
contiguous United States if the applicant satisfies the requirements of
section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)).
(c) COMPETITIVE EFFECTS- In carrying out its responsibilities under this
section, the Commission shall take into account the effect on competition in
the exploration, development and production of natural gas in Alaska, and
shall ensure that any Alaska natural gas transportation project provides open
and nondiscriminatory access to all shippers.
(d) EXPEDITED APPROVAL PROCESS- The Commission shall issue a final order
granting or denying any application for a certificate of public and
convenience and necessity under section 7(c) of the Natural Gas Act (15 U.S.C.
717f(c)) and this section not more than 60 days after the issuance of the
final environmental impact statement for that project pursuant to section
704.
(e) REVIEWS AND ACTIONS OF OTHER FEDERAL AGENCIES- All reviews conducted
and actions taken by any federal officer or agency relating to an Alaska
natural gas transportation project shall be expedited, in a manner consistent
with completion of the necessary reviews and approvals by the deadlines set
forth in this subtitle.
SEC. 704. ENVIRONMENTAL REVIEWS.
(a) COMPLIANCE WITH NEPA- The issuance of a certificate of public
convenience and necessity authorizing the construction and operation of any
Alaska natural gas transportation project shall be treated as a major federal
action significantly affecting the quality of the human environment within the
meaning of section 102(2)(C) of the National Environmental Policy Act of 1969
(42 U.S.C. 4332(2)(C)).
(b) DESIGNATION OF LEAD AGENCY- The Commission shall be the lead agency
for purposes of complying with the National Environmental Policy Act of 1969,
and shall be responsible for preparing the statement required by section
102(2)(c) of that Act (42 U.S.C. 4332(2)(c)) with respect to the project. The
Commission shall prepare a single environmental statement under this section,
which shall consolidate the environmental reviews of all Federal agencies
considering any aspect of the project.
(c) OTHER AGENCIES- All Federal agencies considering aspects of the
construction and operation of the Alaska natural gas transportation project
shall cooperate with the Commission, and shall comply with deadlines
established by the Commission in the preparation of the statement under this
section. The statement prepared under this section shall be used by all such
agencies to satisfy their responsibilities under section 102(2)(C) of the
National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) with respect
to such project.
(d) EXPEDITED PROCESS- The Commission shall issue a draft statement under
this section not later than 12 months after the Commission determines the
application to be complete and shall issue the final statement not later than
6 months after the Commission issues the draft statement, unless the
Commission for good cause finds that additional time is needed.
SEC. 705. FEDERAL COORDINATOR.
(a) ESTABLISHMENT- There is established as an independent establishment in
the executive branch, the Office of the Federal Coordinator for Alaska Natural
Gas Transportation Projects.
(b) THE FEDERAL COORDINATOR- The Office shall be headed by a Federal
Coordinator for Alaska Natural Gas Transportation Projects (the `Federal
Coordinator'), who shall--
(1) be appointed by the President, by and with the advice of the
Senate,
(2) hold office at the pleasure of the President, and
(3) be compensated at the rate prescribed for level III of the Executive
Schedule (5 U.S.C. 5314).
(c) DUTIES- The Federal Coordinator shall be responsible for--
(1) coordinating the expeditious discharge of all activities by federal
agencies with respect to an Alaska natural gas transportation project;
and
(2) ensuring the compliance of Federal agencies with the provisions of
this subtitle.
SEC. 706. JUDICIAL REVIEW.
(a) EXCLUSIVE JURISDICTION- The United States Court of Appeals for the
District of Columbia Circuit shall have exclusive jurisdiction to
determine--
(1) the validity of any final order or action (including a failure to
act) of the Commission under this subtitle;
(2) the constitutionality of any provision of this subtitle, or any
decision made or action taken thereunder; or
(3) the adequacy of any environmental impact statement prepared under
the National Environmental Policy Act of 1969 with respect to any action
under this subtitle.
(b) DEADLINE FOR FILING CLAIM- Claims arising under this subtitle may be
brought not later than 60 days after the date of the decision or action giving
rise to the claim.
SEC. 707. LOAN GUARANTEE.
(a) AUTHORITY- The Secretary of Energy may guarantee not more than 80
percent of the principal of any loan made to the holder of a certificate of
public convenience and necessity issued under section 701(b)(1) of this Act or
section 9 of the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C.
719g) for the purpose of constructing a natural gas pipeline system for
transporting natural gas from the North Slope of Alaska to the border between
Alaska and Canada.
(1) The Secretary of Energy may not guarantee a loan under this section
unless the guarantee has filed an application for a certificate of public
convenience and necessity under section 701(b)(1) of this Act or for an
amended certificate under section 9 of the Alaska Natural Gas Transportation
Act of 1976 (15 U.S.C. 719g) with the Federal Energy Regulatory Commission
not later than six months after the date of enactment of this title.
(2) A loan guaranteed under this section shall be made by a financial
institution subject to the examination of the Secretary.
(3) Loan requirements, including term, maximum size, collateral
requirements and other features shall be determined by the Secretary.
(c) LIMITATION ON AMOUNT- Commitments to guarantee loans may be made by
the Secretary of Energy only to the extent that the total loan principal, any
part of which is guaranteed, will not exceed $10,000,000,000.
(d) REGULATIONS- The Secretary of Energy may issue regulations to carry
out the provisions of this section.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary such sums as may be necessary to cover the cost
of loan guarantees, as defined by section 502(5) of the Federal Credit Reform
Act of 1990 (2 U.S.C. 661a(5)).
SEC. 708. DEFINITIONS.
For purposes of this subtitle:
(1) the term `Alaska natural gas' means natural gas derived from the
area of the State of Alaska generally known as the North Slope of Alaska,
including the Continental Shelf thereof;
(2) the term `Alaska natural gas transportation project' means--
(A) any natural gas pipeline system that carries Alaska natural
gas--
(i) from the North Slope of Alaska to the border between Alaska and
Canada, or
(ii) from the border between Canada and the contiguous United States
to a natural gas pipeline system in the contiguous United States in
operation on the date of enactment of this subtitle, and
(B) facilities subjected to the jurisdiction of the Commission that
are related to such pipeline systems;
(3) the term `Commission' means the Federal Energy Regulatory
Commission.
(4) the term `natural gas company' means a person engaged in the
transportation of natural gas in interstate commerce or the sale in
interstate commerce of such gas for resale.
SEC. 709. SAVINGS CLAUSE.
Nothing in this title affects the decisions made pursuant to the Alaska
Natural Gas Transportation Act (15 U.S.C. 719-719o, as amended) regarding the
selection, designation and description of the Alaska Natural Gas
Transportation System, or the obligations and authorities of Federal officers
and agencies under that Act, to grant or issue all certificate, rights-of-way,
leases, permits and other authorizations necessary for the construction and
authorization of the Alaska Natural Gas Transportation System, to expedite and
give priority to any applications or requests for, and to modify any terms and
conditions of such certificates, rights-of-way, leases, permits and other
authorizations.
SEC. 710. SENSE OF THE SENATE.
It is the sense of the Senate that an Alaska natural gas transportation
project will provide significant economic benefits to the United States and
Canada. In order to maximize those benefits, the Senate urges the sponsors of
the pipeline project to make every effort to use steel that is manufactured or
produced in North America and to negotiate a project labor agreement to
expedite construction of the pipeline.
Subtitle B--Operating Pipelines
SEC. 711. APPLICATION OF HISTORIC PRESERVATION ACT TO OPERATING
PIPELINES.
Section 7 of the Natural Gas Act (15 U.S.C. 717(f)) is amended by adding
at the end the following:
`(i)(1) Notwithstanding the National Historic Preservation Act (16 U.S.C.
470 et seq.), a transportation facility shall not be eligible for inclusion on
the National Register of Historic Places unless--
`(A) the Commission has permitted the abandonment of the transportation
facility pursuant to subsection (b), or
`(B) the owner of the facility has given written consent to such
eligibility.
`(2) Any transportation facility considered eligible for inclusion on the
National Register of Historic Places prior to the date of enactment of this
subsection shall no longer be eligible unless the owner of the facility gives
written consent to such eligibility.'.
SEC. 712. ENVIRONMENTAL REVIEW AND PERMITTING OF NATURAL GAS PIPELINE
PROJECTS.
(a) INTERAGENCY REVIEW- The Chairman of the Council on Environmental
Quality, in coordination with the Federal Energy Regulatory Commission, shall
establish an interagency task force to develop an interagency memorandum of
understanding to expedite the environmental review and permitting of natural
gas pipeline projects.
(b) MEMBERSHIP OF INTERAGENCY TASK FORCE- The task force shall consist
of--
(1) the Chairman of the Council on Environmental Quality, who shall
serve as the Chairman of the interagency task force,
(2) the Chairman of the Federal Energy Regulatory Commission,
(3) the Director of the Bureau of Land Management,
(4) the Director of the U.S. Fish and Wildlife Service,
(5) the Commanding General, U.S. Army Corps of Engineers,
(6) the Chief of the Forest Service,
(7) the Administrator of the Environmental Protection Agency,
(8) the Chairman of the Advisory Council on Historic Preservation,
and
(9) the heads of such other agencies as the Chairman of the Council on
Environmental Quality and the Chairman of the Federal Energy Regulatory
Commission deem appropriate.
(c) MEMORANDUM OF UNDERSTANDING- The agencies represented by the members
of the interagency task force shall enter into the memorandum of understanding
not later than one year after the date of the enactment of this section.
DIVISION C--DIVERSIFYING ENERGY DEMAND AND IMPROVING
EFFICIENCY
TITLE VIII--FUELS AND VEHICLES
Subtitle A--Increased Vehicle Fuel Efficiency
SEC. 801. INCREASED VEHICLE FUEL EFFICIENCY.
SEC. 802. FUEL ECONOMY OF THE FEDERAL FLEET OF AUTOMOBILES.
Section 32917 of title 49, United States Code, is amended to read as
follows:
`32917. Standards for executive agency automobiles
`(a) BASELINE AVERAGE FUEL ECONOMY- The head of each executive agency
shall determine, for all automobiles in the agency's fleet of automobiles that
were leased or bought as a new vehicle in fiscal year 1999, the average fuel
economy for such automobiles. For the purposes of this section, the average
fuel economy so determined shall be the baseline average fuel economy for the
agency's fleet of automobiles.
`(b) INCREASE OF AVERAGE FUEL ECONOMY- The head of an executive agency
shall manage the procurement of automobiles for that agency in such a manner
that--
`(1) not later than September 30, 2003, the average fuel economy of the
new automobiles in the agency's fleet of automobiles is not less than 1 mile
per gallon higher than the baseline average fuel economy determined under
subsection (a) for that fleet; and
`(2) not later than September 30, 2005, the average fuel economy of the
new automobiles in the agency's fleet of automobiles is not less than 3
miles per gallon higher than the baseline average fuel economy determined
under subsection (a) for that fleet.
`(c) CALCULATION OF AVERAGE FUEL ECONOMY- Average fuel economy shall be
calculated for the purposes of this section in accordance with guidance which
the Secretary of Transportation shall prescribe for the implementation of this
section.
`(d) DEFINITIONS- In this section:
`(1) The term `automobile' does not include any vehicle designed for
combat-related missions, law enforcement work, or emergency rescue
work.
`(2) The term `executive agency' has the meaning given that term in
section 105 of title 5.
`(3) The term `new automobile', with respect to the fleet of automobiles
of an executive agency, means an automobile that is leased for at least 60
consecutive days or bought, by or for the agency, after September 30,
1999.'.
SEC. 803. ASSISTANCE FOR STATE PROGRAMS TO RETIRE FUEL-INEFFICIENT MOTOR
VEHICLES.
(a) ESTABLISHMENT- The Secretary shall establish a program, to be known as
the `National Motor Vehicle Efficiency Improvement Program,' under which the
Secretary shall provide grants to States to operate programs to offer owners
of passenger automobiles and light-duty trucks manufactured in model years
more than 15 years prior to the fiscal year in which appropriations are made
under subsection (d) to provide financial incentives to scrap such automobiles
and to replace them with automobiles with higher fuel efficiency.
(b) STATE PLAN- Not later than 180 days after the date of enactment of an
appropriations act containing funds authorized under subsection (d), to be
eligible to receive funds under the program, the Governor of a State shall
submit to the Secretary a plan to carry out a program under this subtitle in
that State.
(c) ELIGIBILITY CRITERIA- The Secretary shall approve a State plan and
provide the funds under subsection (d), if the State plan--
(1) requires that all passenger automobiles and light-duty trucks turned
in be scrapped;
(2) requires that all passenger automobiles and light-duty trucks turned
in be currently registered in the State in order to be eligible;
(3) requires that all passenger automobiles and light-duty trucks turned
in be operational at the time that they are turned in;
(4) restricts automobile owners (except not-for-profit organizations)
from turning in more than one passenger automobile and one light-duty truck
in a 12-month period;
(5) provides an appropriate payment to the person recycling the scrapped
passenger
automobile or light-duty truck for each turned-in passenger automobile or
light-duty truck;
(6) provides a minimum payment to the automobile owner for each
passenger automobile and light-duty truck turned in; and
(7) provides, in addition to the payment under paragraph (6), an
additional credit that may be redeemed by the owner of the turned-in
passenger automobile or light-duty truck at the time of purchase of new
fuel-efficient automobile.
(d) AUTHORIZATION OF APPROPRIATIONS- There are hereby authorized to be
appropriated to the Secretary to carry out this section such sums as may be
necessary, to remain available until expended.
(e) ALLOCATION FORMULA- The amounts appropriated pursuant to subsection
(d) shall be allocated among the States on the basis of the population of the
States as contained in the most recent reliable census data available from the
Bureau of the Census, Department of Commerce, for all States at the time that
the Secretary needs to compute shares under this subsection.
(f) DEFINITIONS- In this section:
(1) AUTOMOBILE- The term `automobile' has the meaning given such term in
section 32901(3) of title 49, United States Code.
(2) Fuel-efficient automobile-
(A) The term `fuel-efficient automobile' means a passenger automobile
or a light-duty truck that has an average fuel economy greater than the
average fuel economy standard prescribed pursuant to section 32902 of
title 49, United States Code, or other law, applicable to such passenger
automobile or light-duty truck.
(B) The term `average fuel economy' has the meaning given such term in
section 32901(5) of title 49, United States Code.
(C) The term `average fuel economy standard' has the meaning given
such term in section 32901(6) of title 49, United States Code.
(D) The term `fuel economy' has the meaning given such term in section
32901(10) of title 49, United States Code.
(3) LIGHT-DUTY TRUCK- The term `light-duty truck' means an automobile
that is not a passenger automobile. Such term shall include a pickup truck,
a van, or a four-wheel-drive general utility vehicle, as those terms are
defined in section 600.002-85 of title 40, Code of Federal
Regulations.
(4) PASSENGER AUTOMOBILE- The term `passenger automobile' has the
meaning given such term by section 32901(16) of title 49, United States
Code.
(5) SECRETARY- The term `Secretary' means the Secretary of Energy.
(6) STATE- The term `State' means any of the several States and the
District of Columbia.
Subtitle B--Alternative and Renewable Fuels
SEC. 811. INCREASED USE OF ALTERNATIVE FUELS BY FEDERAL FLEETS.
(a) REQUIREMENT TO USE ALTERNATIVE FUELS- Section 400AA(a)(3)(E) of the
Energy Policy and Conservation Act (42 U.S.C. 6374(a)(3)(E)) is amended to
read as follows:
`(E) Dual fueled vehicles acquired pursuant to this section shall be
operated on alternative fuels. If the Secretary determines that all dual
fueled vehicles acquired pursuant to this section cannot operate on
alternative fuels at all times, he may waive the requirement in part, but
only to the extent that:
`(i) not later than September 30, 2003, not less than 50 percent of
the total annual volume of fuel used in such dual fueled vehicles shall
be from alternative fuels; and
`(ii) not later than September 30, 2005, not less than 75 percent of
the total annual volume of fuel used in such dual fueled vehicles shall
be from alternative fuels.'.
(b) DEFINITION OF `DEDICATED VEHICLE'- Section 400AA(g)(4)(B) of the
Energy Policy and Conservation Act (42 U.S.C. 6374(g)(4)(B)) is amended by
inserting after `solely on alternative fuel' the following: `, including a
three-wheeled enclosed electric vehicle having a vehicle identification
number'.
SEC. 812. EXCEPTION TO HOV PASSENGER REQUIREMENTS FOR ALTERNATIVE FUEL
VEHICLES.
Section 102(a)(1) of title 23, United States Code, is amended by inserting
after `required' the following: `(unless, in the discretion of the State
transportation department, the vehicle is being operated on, or is being
fueled by, an alternative fuel (as defined in section 301(2) of the Energy
Policy Act of 1992 (42 U.S.C. 13211(2)))'.
SEC. 813. DATA COLLECTION.
Section 205 of the Department of Energy Organization Act (42 U.S.C. 7135)
is amended by adding at the end the following:
`(m) In order to improve the ability to evaluate the effectiveness of the
Nation's renewable fuels mandate, the Administrator shall conduct and publish
the results of a survey of renewable fuels consumption in the motor vehicle
fuels market in the United States monthly, and in a manner designed to protect
the confidentiality of individual responses. In conducting the survey, the
Administrator shall collect information both on a national basis and a
regional basis, including--
(1) the quantity of renewable fuels produced;
(2) the cost of production;
(3) the cost of blending and marketing;
(4) the quantity of renewable fuels consumed;
(5) the quantity of renewable fuels imported; and
SEC. 814. GREEN SCHOOL BUS PILOT PROGRAM.
(a) ESTABLISHMENT- The Secretary of Energy and the Secretary of
Transportation shall jointly establish a pilot program for awarding grants on
a competitive basis to eligible entities for the demonstration and commercial
application of alternative fuel school buses and ultra-low sulfur diesel
school buses.
(b) REQUIREMENTS- Not later than 3 months after the date of the enactment
of this Act, the Secretary shall establish and publish in the Federal register
grant requirements on eligibility for assistance, and on implementation of the
program established under subsection (a), including certification requirements
to ensure compliance with this subtitle.
(c) SOLICITATION- Not later than 6 months after the date of the enactment
of this Act, the Secretary shall solicit proposals for grants under this
section.
(d) ELIGIBLE RECIPIENTS- A grant shall be awarded under this section
only--
(1) to a local governmental entity responsible for providing school bus
service for one or more public school systems; or
(2) jointly to an entity described in paragraph (1) and a contracting
entity that provides school bus service to the public school system or
systems.
(1) IN GENERAL- Grants under this section shall be for the demonstration
and commercial application of technologies to facilitate the use of
alternative fuel school buses and ultra-low sulfur diesel school buses
instead of buses manufactured before model year 1977 and diesel-powered
buses manufactured before model year 1991.
(2) NO ECONOMIC BENEFIT- Other than the receipt of the grant, a
recipient of a grant under this section may not receive any economic benefit
in connection with the receipt of the grant.
(3) PRIORITY OF GRANT APPLICATIONS- The Secretary shall give priority to
awarding grants to applicants who can demonstrate the use of alternative
fuel buses and ultra-low sulfur diesel school buses instead of buses
manufactured before model year 1977.
(f) CONDITIONS OF GRANT- A grant provided under this section shall include
the following conditions:
(1) All buses acquired with funds provided under the grant shall be
operated as part of the school bus fleet for which the grant was made for a
minimum of 5 years.
(2) Funds provided under the grant may only be used--
(A) to pay the cost, except as provided in paragraph (3), of new
alternative fuel school buses or ultra-low sulfur diesel school buses,
including State taxes and contract fees; and
(i) up to 10 percent of the price of the alternative fuel buses
acquired, for necessary alternative fuel infrastructure if the
infrastructure will only be available to the grant recipient;
and
(ii) up to 15 percent of the price of the alternative fuel buses
acquired, for necessary alternative fuel infrastructure if the
infrastructure will be available to the grant recipient and to other bus
fleets.
(3) The grant recipient shall be required to provide at least the lesser
of 15 percent of the total cost of each bus received or $15,000 per
bus.
(4) In the case of a grant recipient receiving a grant to demonstrate
ultra-low sulfur diesel school buses, the grant recipient shall be required
to provide documentation to the satisfaction of the Secretary that diesel
fuel containing sulfur at not more than 15 parts per million is available
for carrying out the purposes of the grant, and a commitment by the
applicant to use such fuel in carrying out the purposes of the grant.
(g) BUSES- Funding under a grant made under this section may be used to
demonstrate the use only of new alternative fuel school buses or ultra-low
sulfur diesel school buses--
(1) with a gross vehicle weight of greater than 14,000 pounds;
(2) that are powered by a heavy duty engine;
(3) that, in the case of alternative fuel school buses, emit not more
than--
(A) for buses manufactured in model year 2002, 2.5 grams per brake
horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen and .01
grams per brake horsepower-hour of particulate matter; and
(B) for buses manufactured in model years 2003 through 2006, 1.8 grams
per brake horsepower-hour of nonmethane hydrocarbons and oxides of
nitrogen and .01 grams per brake horsepower-hour of particulate matter;
and
(4) that, in the case of ultra-low sulfur diesel school buses, emit not
more than--
(A) for buses manufactured in model year 2002 or 2003, 3.0 grams per
brake horsepower-hour of nonmethane hydrocarbons and oxides of nitrogen
and .01 grams per brake horsepower-hour of particulate matter;
and
(B) for buses manufactured in model years 2004 through 2006, 2.5 grams
per brake horsepower-hour of nonmethane hydrocarbons and oxides of
nitrogen and .01 grams per brake horsepower-hour of particulate matter,
except that under no circumstances shall buses be acquired under this
section that emit nonmethane hydrocarbons, oxides of nitrogen, or
particulate matter at a rate greater than the best performing technology
of ultra-low sulfur diesel school buses commercially available at the time
the grant is made.
(h) DEPLOYMENT AND DISTRIBUTION- The Secretary shall seek to the maximum
extent practicable to achieve nationwide deployment of alternative fuel school
buses through the program under this section, and shall ensure a broad
geographic distribution of grant awards, with a goal of no State receiving
more than 10 percent of the grant funding made available under this section
for a fiscal year.
(i) LIMIT ON FUNDING- The Secretary shall provide not less than 20 percent
and not more than 25 percent of the grant funding made available under this
section for any fiscal year for the acquisition of ultra-low sulfur diesel
school buses.
(j) DEFINITIONS- For purposes of this section--
(1) the term `alternative fuel school bus' means a bus powered
substantially by electricity (including electricity supplied by a fuel
cell), or by liquefied natural gas, compressed natural gas, liquefied
petroleum gas, hydrogen, propane, or methanol or ethanol at no less than 85
percent by volume; and
(2) the term `ultra-low sulfur diesel school bus' means a school bus
powered by diesel fuel which contains sulfur at not more than 15 parts per
million.
SEC. 815. FUEL CELL BUS DEVELOPMENT AND DEMONSTRATION PROGRAM.
(a) ESTABLISHMENT OF PROGRAM- The Secretary shall establish a program for
entering into cooperative agreements with private sector fuel cell bus
developers for the development of fuel cell-powered school buses, and
subsequently with not less than 2 units of local government using natural
gas-powered school buses and such private sector fuel cell bus developers to
demonstrate the use of fuel cell-powered school buses.
(b) COST SHARING- The non-Federal contribution for activities funded under
this section shall be not less than--
(1) 20 percent for fuel infrastructure development activities; and
(2) 50 percent for demonstration activities and for development
activities not described in paragraph (1).
(c) FUNDING- No more than $25,000,000 of the amounts authorized under
section 815 may be used for carrying out this section for the period
encompassing fiscal years 2003 through 2006.
(d) REPORTS TO CONGRESS- Not later than 3 years after the date of the
enactment of this Act, and not later than October 1, 2006, the Secretary shall
transmit to the appropriate congressional committees a report that--
(1) evaluates the process of converting natural gas infrastructure to
accommodate fuel cell-powered school buses; and
(2) assesses the results of the development and demonstration program
under this section.
SEC. 816. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of Energy for
carrying out sections 814 and 815, to remain available until expended--
(1) $50,000,000 for fiscal year 2003;
(2) $60,000,000 for fiscal year 2004;
(3) $70,000,000 for fiscal year 2005; and
(4) $80,000,000 for fiscal year 2006.
SEC. 817. BIODIESEL FUEL USE CREDIT.
Section 312(c) of the Energy Policy Act of 1992 (42 U.S.C. 13220(c)) is
amended--
(1) by striking `NOT' in the subsection heading; and
SEC. 818. RENEWABLE CONTENT OF MOTOR VEHICLE FUEL.
(a) IN GENERAL- Section 211 of the Clean Air Act (42 U.S.C. 7545) is
amended--
(1) by redesignating subsection (o) as subsection (q); and
(2) by inserting after subsection (n) the following:
`(o) Renewable Fuel Program-
`(1) DEFINITIONS- In this section:
`(A) CELLULOSIC BIOMASS ETHANOL- The term `cellulosic biomass ethanol'
means ethanol derived from any lignocellulosic or hemicellulosic matter
that is available on a renewable or recurring basis, including--
`(i) dedicated energy crops and trees;
`(ii) wood and wood residues;
`(v) agricultural commodities and residues;
`(vii) animal wastes and other waste materials; and
`(viii) municipal solid waste.
`(i) IN GENERAL- The term `renewable fuel' means motor vehicle fuel
that--
`(I)(aa) is produced from grain, starch, oilseeds, or other
biomass; or
`(bb) is natural gas produced from a biogas source, including a
landfill, sewage waste treatment plant, feedlot, or other place where
decaying organic material is found; and
`(II) is used to replace or reduce the quantity of fossil fuel
present in a fuel mixture used to operate a motor
vehicle.
`(ii) INCLUSION- The term `renewable fuel' includes cellulosic
biomass ethanol and biodiesel (as defined in section 312(f)(1) of the
Energy Policy Act of 1992 (42 U.S.C. 13220(f)(1)).
`(C) SMALL REFINERY- The term `small refinery' means a refinery for
which average aggregate daily crude oil throughput for the calendar year
(as determined by dividing the aggregate throughput for the calendar year
by the number of days in the calendar year) do not exceed 65,000
barrels.
`(2) RENEWABLE FUEL PROGRAM-
`(A) IN GENERAL- Except as provided in subparagraph (B)(i)(II), the
motor vehicle fuel sold or introduced into commerce in the United States
in calendar year 2003 or any calendar year thereafter by a refiner,
blender, or importer shall contain, on a 6-month average basis, a quantity
of renewable fuel, measured in gallons, that is not less than the
applicable volume determined under subparagraph (B).
`(i) CALENDAR YEAR 2003- For calendar year 2003--
`(I) for the purpose of subparagraph (A), the applicable volume
shall be 2,000,000,000 gallons; and
`(II) subparagraph (A) shall apply only to a refiner, blender, or
importer located in Petroleum Administration for Defense District II,
III, or IV.
`(ii) CALENDAR YEARS 2004 THROUGH 2012- For the purpose of
subparagraph (A), the applicable volume for any of calendar years 2004
through 2012 shall be determined in accordance with the following
table:
`Calendar year:
Applicable volume of renewable fuel: (in billions of
gallons)
2004
.........................................................................................
--2.3
2005
.........................................................................................
--2.6
2006
.........................................................................................
--2.9
2007
.........................................................................................
--3.2
2008
.........................................................................................
--3.5
2009
.........................................................................................
--3.9
2010
.........................................................................................
--4.3
2011
.........................................................................................
--4.7
2012
.........................................................................................
--5.0.
`(iii) CALENDAR YEAR 2013 AND THEREAFTER- For the purpose of
subparagraph (A), the applicable volume for calendar year 2013 and each
calendar year thereafter shall be equal to the product obtained by
multiplying--
`(I) the number of gallons of motor vehicle fuel that the
Administrator estimates will be sold or introduced into commerce in
the calendar year; and
`(aa) the number of gallons of motor vehicle fuel sold or introduced
into commerce in calendar year 2012 that consists of renewable fuel; bears
to
`(bb) the number of gallons of motor vehicle fuel sold or introduced
into commerce in calendar year 2012.
`(3) CELLULOSIC BIOMASS ETHANOL- For the purpose of paragraph (2), 1
gallon of cellulosic biomass ethanol shall be considered to be the
equivalent of 1.5 gallons of renewable fuel.
`(A) IN GENERAL- The regulations promulgated to carry out this
subsection shall provide for the generation of an appropriate amount of
credits by a person that refines, blends, or imports motor vehicle fuel
that contains, on a 6-month average basis, a quantity of renewable fuel
that is greater than the quantity required for that 6-month period under
paragraph (2).
`(B) USE OF CREDITS- A person that generates credits under
subparagraph (A) may use the credits, or transfer all or a portion of the
credits to another person, for the purpose of complying with paragraph
(2).
`(C) EXPIRATION OF CREDITS- A credit generated under this paragraph
shall expire 1 year after the date on which the credit was
generated.
`(A) IN GENERAL- The Administrator, in consultation with the Secretary
of Agriculture and the Secretary of Energy, may waive the requirement of
paragraph (2) in whole or in part on petition by 1 or more States by
reducing the national quantity of renewable fuel required under this
subsection--
`(i) based on a determination by the Administrator, after public
notice and opportunity for comment, that implementation of the
requirement would severely harm the economy or environment of a State, a
region, or the United States; or
`(ii) based on a determination by the Administrator, after public
notice and opportunity for comment, that there is an inadequate domestic
supply or distribution capacity to meet the requirement.
`(B) PETITIONS FOR WAIVERS- The Administrator, in consultation with
the Secretary of Agriculture and the Secretary of Energy--
`(i) shall approve or deny a State petition for a waiver of the
requirement of paragraph (2) within 180 days after the date on which the
petition is received; but
`(ii) may extend that period for up to 60 additional days to provide
for public notice and opportunity for comment and for consideration of
the comments submitted.
`(C) TERMINATION OF WAIVERS- A waiver granted under subparagraph (A)
shall terminate after 1 year, but may be renewed by the Administrator
after consultation with the Secretary of Agriculture and the Secretary of
Energy.
`(6) SMALL REFINERS- The requirement of paragraph (2) shall not apply to
a small refinery.
`(7) REGULATIONS- Not later than 270 days after the date of enactment of
this paragraph, the Administrator shall promulgate regulations to carry out
this subsection.'.
(b) DISTILLATION INDEX- Section 211 of the Clean Air Act (42 U.S.C. 7545)
is amended by inserting before subsection (q) (as redesignated by subsection
(a)(1)) the following:
`(p) DISTILLATION INDEX- Effective January 1, 2004, no person shall
manufacture, sell, supply, offer for sale, or supply, dispense, transport, or
introduce into commerce gasoline that has a distillation index that exceeds
1,200.'.
(c) PENALTIES AND ENFORCEMENT- Section 211(d) of the Clean Air Act (42
U.S.C. 7545(d)) is amended--
(A) in the first sentence, by striking `or (n)' each place it appears
and inserting `(n), (o), or (p)'; and
(B) in the second sentence, by striking `or (m)' and inserting `(m),
(o), or (p)'; and
(2) in the first sentence of paragraph (2), by striking `and (n)' each
place it appears and inserting `(n), (o), and (p)'.
(d) ELIMINATION OF ETHANOL WAIVER- Section 211(h)(4) of the Clean Air Act
(42 U.S.C. 7545(h)(4)) is amended by striking `For' and inserting `In the case
of a State that is not located east of the Mississippi River, for'.
SEC. 819. NEIGHBORHOOD ELECTRIC VEHICLES.
Section 301 of the Energy Policy Act of 1992 (42 U.S.C. 13211) is
amended--
(1) by striking `or a dual fueled vehicle' and inserting `, a dual
fueled vehicle, or a neighborhood electric vehicle';
(2) by striking `and' at the end of paragraph (13);
(3) by striking the period at the end of subparagraph (14) and inserting
`; and'; and
(4) by adding at the end the following:
`(15) the term `neighborhood electric vehicle' means a motor vehicle
that qualifies as both--
`(A) a low-speed vehicle, as such term is defined in section 571.3(b)
of title 49, Code of Federal Regulations; and
`(B) a zero-emission vehicle, as such term is defined in section
86.1703-99 of title 40, Code of Federal Regulations.'.
Subtitle C--Federal Reformulated Fuels
SEC. 821. SHORT TITLE.
This subtitle may be cited as the `Federal Reformulated Fuels Act of
2002'.
SEC. 822. LEAKING UNDERGROUND STORAGE TANKS.
(a) USE OF LUST FUNDS FOR REMEDIATION OF MTBE CONTAMINATION- Section
9003(h) of the Solid Waste Disposal Act (42 U.S.C. 6991b(h)) is amended--
(1) in paragraph (7)(A)--
(A) by striking `paragraphs (1) and (2) of this subsection' and
inserting `paragraphs (1), (2), and (12)'; and
(B) by inserting `and section 9010' before `if'; and
(2) by adding at the end the following:
`(12) REMEDIATION OF MTBE CONTAMINATION-
`(A) IN GENERAL- The Administrator and the States may use funds made
available under section 9011(1) to carry out corrective actions with
respect to a release of methyl tertiary butyl ether that presents a threat
to human health, welfare, or the environment.
`(B) APPLICABLE AUTHORITY- Subparagraph (A) shall be carried
out--
`(i) in accordance with paragraph (2); and
`(ii) in the case of a State, in accordance with a cooperative
agreement entered into by the Administrator and the State under
paragraph (7).'.
(b) RELEASE PREVENTION AND COMPLIANCE- Subtitle I of the Solid Waste
Disposal Act (42 U.S.C. 6991 et seq.) is amended by striking section 9010 and
inserting the following:
`SEC. 9010. RELEASE PREVENTION AND COMPLIANCE.
`Funds made available under section 9011(2) from the Leaking Underground
Storage Tank Trust Fund may be used for conducting inspections, or for issuing
orders or bringing actions under this subtitle--
`(1) by a State (pursuant to section 9003(h)(7)) acting under--
`(A) a program approved under section 9004; or
`(B) State requirements regulating underground storage tanks that are
similar or identical to this subtitle; and
`(2) by the Administrator, acting under this subtitle or a State program
approved under section 9004.
`SEC. 9011. AUTHORIZATION OF APPROPRIATIONS.
`In addition to amounts made available under section 2007(f), there are
authorized to be appropriated from the Leaking Underground Storage Tank Trust
Fund--
`(1) to carry out section 9003(h)(12), $200,000,000 for fiscal year
2002, to remain available until expended; and
`(2) to carry out section 9010--
`(A) $50,000,000 for fiscal year 2002; and
`(B) $30,000,000 for each of fiscal years 2003 through
2007.'.
(c) TECHNICAL AMENDMENTS-
(1) Section 1001 of the Solid Waste Disposal Act (42 U.S.C. prec. 6901)
is amended by striking the item relating to section 9010 and inserting the
following:
`Sec. 9010. Release prevention and compliance.
`Sec. 9011. Authorization of appropriations.'.
(2) Section 9001(3)(A) of the Solid Waste Disposal Act (42 U.S.C.
6991(3)(A)) is amended by striking `sustances' and inserting
`substances'.
(3) Section 9003(f)(1) of the Solid Waste Disposal Act (42 U.S.C.
6991b(f)(1)) is amended by striking `subsection (c) and (d) of this section'
and inserting `subsections (c) and (d)'.
(4) Section 9004(a) of the Solid Waste Disposal Act (42 U.S.C. 6991c(a))
is amended in the second sentence by striking `referred to' and all that
follows and inserting `referred to in subparagraph (A) or (B), or both, of
section 9001(2).'.
(5) Section 9005 of the Solid Waste Disposal Act (42 U.S.C. 6991d) is
amended--
(A) in subsection (a), by striking `study taking' and inserting
`study, taking';
(B) in subsection (b)(1), by striking `relevent' and inserting
`relevant'; and
(C) in subsection (b)(4), by striking `Environmental' and inserting
`Environmental'.
SEC. 823. AUTHORITY FOR WATER QUALITY PROTECTION FROM FUELS.
(a) IN GENERAL- Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) is
amended--
(1) in paragraph (1)(A)--
(A) by inserting `fuel or fuel additive or' after `Administrator any';
and
(B) by striking `air pollution which' and inserting `air pollution, or
water pollution, that';
(2) in paragraph (4)(B), by inserting `or water quality protection,'
after `emission control,'; and
(3) by adding at the end the following:
`(5) BAN ON THE USE OF MTBE- Not later than 4 years after the date of
enactment of this paragraph, the Administrator shall ban use of methyl
tertiary butyl ether in motor vehicle fuel.'.
(b) NO EFFECT ON LAW REGARDING STATE AUTHORITY- The amendments made by
subsection (a) have no effect on the law in effect on the day before the date
of enactment of this Act regarding the authority of States to limit the use of
methyl tertiary butyl ether in gasoline.
SEC. 824. WAIVER OF OXYGEN CONTENT REQUIREMENT FOR REFORMULATED
GASOLINE.
Section 211(k)(1) of the Clean Air Act (42 U.S.C. 7545(k)(1)) is
amended--
(1) by striking `Within 1 year after the enactment of the Clean Air Act
Amendments of 1990,' and inserting the following:
`(A) IN GENERAL- Not later than November 15, 1991,'; and
(2) by adding at the end the following:
`(B) Waiver of oxygen content requirement-
`(i) Authority of the governor-
`(I) IN GENERAL- Notwithstanding any other provision of this
subsection, a Governor of a State, upon notification by the Governor
to the Administrator during the 90-day period beginning on the date of
enactment of this subparagraph, or during the 90-day period beginning
on the date on which an area in the State becomes a covered area by
operation of the second sentence of paragraph (10)(D), may waive the
application of paragraphs (2)(B) and (3)(A)(v) to gasoline sold or
dispensed in the State.
`(II) OPT-IN AREAS- A Governor of a State that submits an
application under paragraph (6) may, as part of that application,
waive the application of paragraphs (2)(B) and (3)(A)(v) to gasoline
sold or dispensed in the State.
`(ii) TREATMENT AS REFORMULATED GASOLINE- In the case of a State for
which the Governor invokes the waiver described in clause (i), gasoline
that complies with all provisions of this subsection other than
paragraphs (2)(B) and (3)(A)(v) shall be considered to be reformulated
gasoline for the purposes of this subsection.
`(iii) EFFECTIVE DATE OF WAIVER- A waiver under clause (i) shall
take effect on the earlier of--
`(I) the date on which the performance standards under
subparagraph (C) take effect; or
`(II) the date that is 270 days after the date of enactment of
this subparagraph.
`(C) Maintenance of toxic air pollutant emission reductions-
`(i) IN GENERAL- As soon as practicable after the date of enactment
of this subparagraph, the Administrator shall--
`(I) promulgate regulations consistent with subparagraph (A) and
paragraph (3)(B)(ii) to ensure that reductions of toxic air pollutant
emissions achieved under the reformulated gasoline program under this
section before the date of enactment of this subparagraph are
maintained in States for which the Governor waives the oxygenate
requirement under subparagraph (B)(i); or
`(II) determine that the requirement described in clause
(iv)--
`(aa) is consistent with the bases for performance standards
described in clause (ii); and
`(bb) shall be deemed to be the performance standards under clause
(ii) and shall be applied in accordance with clause (iii).
`(ii) PADD PERFORMANCE STANDARDS- The Administrator, in regulations
promulgated under clause (i)(I), shall establish annual average
performance standards for each Petroleum Administration for Defense
District (referred to in this subparagraph as a `PADD') based
on--
`(I) the average of the annual aggregate reductions in emissions
of toxic air pollutants achieved under the reformulated gasoline
program in each PADD during calendar years 1999 and 2000, determined
on the basis of the 1999 and 2000 Reformulated Gasoline Survey Data,
as collected by the Administrator; and
`(II) such other information as the Administrator determines to be
appropriate.
`(I) IN GENERAL- The performance standards under this subparagraph
shall be applied on an annual average importer or refinery-by-refinery
basis to reformulated gasoline that is sold or introduced into
commerce in a State for which the Governor waives the oxygenate
requirement under subparagraph (B)(i).
`(II) MORE STRINGENT REQUIREMENTS- The performance standards under
this subparagraph shall not apply to the extent that any requirement
under section 202(l) is more stringent than the performance
standards.
`(III) STATE STANDARDS- The performance standards under this
subparagraph shall not apply in any State that has received a waiver
under section 209(b).
`(IV) CREDIT PROGRAM- The Administrator shall provide for the
granting of credits for exceeding the performance standards under this
subparagraph in the same manner as provided in paragraph
(7).
`(iv) Statutory performance standards-
`(I) IN GENERAL- Subject to subclause (IV), if the regulations
under clause (i)(I) have not been promulgated by the date that is 270
days after the date of enactment of this subparagraph, the requirement
described in subclause (III) shall be deemed to be the performance
standards under clause (ii) and shall be applied in accordance with
clause (iii).
`(II) PUBLICATION IN FEDERAL REGISTER- Not later than 30 days
after the date of enactment of this subparagraph, the Administrator
shall publish in the Federal Register, for each PADD, the percentage
equal to the average of the annual aggregate reductions in the PADD
described in clause (ii)(I).
`(III) TOXIC AIR POLLUTANT EMISSIONS- The annual aggregate
emissions of toxic air pollutants from baseline vehicles when using
reformulated gasoline in each PADD shall be not greater
than--
`(aa) the aggregate emissions of toxic air pollutants from baseline
vehicles when using baseline gasoline in the PADD; reduced by
`(bb) the quantity obtained by multiplying the aggregate emissions
described in item (aa) for the PADD by the percentage published under subclause
(II) for the PADD.
`(IV) SUBSEQUENT REGULATIONS- Through promulgation of regulations
under clause (i)(I), the Administrator may modify the performance
standards established under subclause (I) to require each PADD to
achieve a greater percentage reduction than the percentage published
under subclause (II) for the PADD.'.
SEC. 825. PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF FUELS AND FUEL
ADDITIVES.
Section 211(b) of the Clean Air Act (42 U.S.C. 7545(b)) is amended--
(A) by striking `may also' and inserting `shall, on a regular basis,';
and
(B) by striking subparagraph (A) and inserting the following:
`(A) to conduct tests to determine potential public health and
environmental effects of the fuel or additive (including carcinogenic,
teratogenic, or mutagenic effects); and'; and
(2) by adding at the end the following:
`(4) Ethyl tertiary butyl ether-
`(A) IN GENERAL- Not later than 2 years after the date of enactment of
this paragraph, the Administrator shall--
`(i) conduct a study on the effects on public health, air quality,
and water resources of increased use of, and the feasibility of using as
substitutes for methyl tertiary butyl ether in gasoline--
`(I) ethyl tertiary butyl ether; and
`(II) other ethers, as determined by the Administrator;
and
`(ii) submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Environment and Public Works of the
Senate a report describing the results of the study.
`(B) CONTRACTS FOR STUDY- In carrying out this paragraph, the
Administrator may enter into 1 or more contracts with nongovernmental
entities.'.
SEC. 826. ANALYSES OF MOTOR VEHICLE FUEL CHANGES.
Section 211 of the Clean Air Act (42 U.S.C. 7545) 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 and Emissions Model-
`(1) Anti-backsliding analysis-
`(A) DRAFT ANALYSIS- Not later than 4 years after the date of
enactment of this subsection, the Administrator shall publish for public
comment a draft analysis of the changes in emissions of air pollutants and
air quality due to the use of motor vehicle fuel and fuel additives
resulting from implementation of the amendments made by the Federal
Reformulated Fuels Act of 2002.
`(B) FINAL ANALYSIS- After providing a reasonable opportunity for
comment but not later than 5 years after the date of enactment of this
subsection, the Administrator shall publish the analysis in final
form.
`(2) EMISSIONS MODEL- For the purposes of this subsection, as soon as
the necessary data are available, the Administrator shall develop and
finalize an emissions model that reasonably reflects the effects of fuel
characteristics or components on emissions from vehicles in the motor
vehicle fleet during calendar year 2005.'.
SEC. 827. ADDITIONAL OPT-IN AREAS UNDER REFORMULATED GASOLINE PROGRAM.
Section 211(k)(6) of the Clean Air Act (42 U.S.C. 7545(k)(6)) is
amended--
(1) by striking `(6) OPT-IN AREAS- (A) Upon' and inserting the
following:
(2) in subparagraph (B), by striking `(B) If' and inserting the
following:
`(ii) EFFECT OF INSUFFICIENT DOMESTIC CAPACITY TO PRODUCE
REFORMULATED GASOLINE- If';
(3) in subparagraph (A)(ii) (as so redesignated)--
(A) in the first sentence, by striking `subparagraph (A)' and
inserting `clause (i)'; and
(B) in the second sentence, by striking `this paragraph' and inserting
`this subparagraph'; and
(4) by adding at the end the following:
`(B) Nonclassified areas-
`(i) IN GENERAL- In accordance with section 110, a State may submit
to the Administrator, and the Administrator may approve, a State
implementation plan revision that provides for application of the
prohibition specified in paragraph (5) in any portion of the State that
is not a covered area or an area referred to in subparagraph
(A)(i).
`(ii) PERIOD OF EFFECTIVENESS- Under clause (i), the State
implementation plan shall establish a period of effectiveness for
applying the prohibition specified in paragraph (5) to a portion of a
State that--
`(I) commences not later than 1 year after the date of approval by
the Administrator of the State implementation plan; and
`(II) ends not earlier than 4 years after the date of commencement
under subclause (I).'.
SEC. 828. MTBE MERCHANT PRODUCER CONVERSION ASSISTANCE.
Section 211(c) of the Clean Air Act (42 U.S.C. 7545(c)) (as amended by
section 823(a)(3)) is amended by adding at the end the following:
`(6) MTBE merchant producer conversion assistance-
`(A) IN GENERAL- The Administrator may make grants to merchant
producers of methyl tertiary butyl ether in the United States to assist
the producers in the conversion of eligible production facilities
described in subparagraph (B) to the production of other fuel additives
that--
`(i) will be consumed in nonattainment areas;
`(ii) will assist the nonattainment areas in achieving attainment
with a national primary ambient air quality standard;
`(iii) will not degrade air quality or surface or ground water
quality or resources; and
`(iv) have been registered and tested in accordance with the
requirements of this section.
`(B) ELIGIBLE PRODUCTION FACILITIES- A production facility shall be
eligible to receive a grant under this paragraph if the production
facility--
`(i) is located in the United States; and
`(ii) produced methyl tertiary butyl ether for consumption in
nonattainment areas during the period--
`(I) beginning on the date of enactment of this paragraph;
and
`(II) ending on the effective date of the ban on the use of methyl
tertiary butyl ether under paragraph (5).
`(C) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to carry out this paragraph $250,000,000 for each of fiscal
years 2002 through 2004.'.
TITLE IX--ENERGY EFFICIENCY AND ASSISTANCE TO LOW INCOME
CONSUMERS
Subtitle A--Low Income Assistance and State Energy
Programs
SEC. 901. INCREASED FUNDING FOR LIHEAP, WEATHERIZATION ASSISTANCE, AND STATE
ENERGY GRANTS.
(a) LIHEAP- (1) Section 2602(b) of the Low-Income Home Energy Assistance
Act of 1981 (42 U.S.C. 8621(b)) is amended by striking the first sentence and
inserting the following: `There are authorized to be appropriated to carry out
the provisions of this title (other than section 2607A), $3,400,000,000 for
each of fiscal years 2003 through 2005.'.
(2) Section 2602(e) of the Low-Income Home Energy Assistance Act of 1981
(42 U.S.C. 8621(e) is amended by striking `$600,000,000' and inserting
`$1,000,000,000'.
(3) Section 2609A(a) of the Low-Income Energy Assistance Act of 1981 (42
U.S.C. 8628a(a)) is amended by striking `not more than $300,000' and
inserting: `not more than $750,000'.
(b) WEATHERIZATION ASSISTANCE- Section 422 of the Energy Conservation and
Production Act (42 U.S.C. 6872) is amended by striking `for fiscal years 1999
through 2003 such sums as may be necessary.' and inserting: `$325,000,000 for
fiscal year 2003, $400,000,000 for fiscal year 2004, and $500,000,000 for
fiscal year 2005.'.
SEC. 902. STATE ENERGY PROGRAMS.
(a) STATE ENERGY CONSERVATION PLANS- Section 362 of the Energy Policy and
Conservation Act (42 U.S.C. 6322)) is amended by adding at the end the
following:
`(g) The Secretary shall, at least once every three years, invite the
Governor of each State to review and, if necessary, revise the energy
conservation plan of the State submitted under subsection (b) or (e). Such
reviews should consider the energy conservation plans of other States within
the region, and identify opportunities and actions that may be carried out in
pursuit of common energy conservation goals.'.
(b) STATE ENERGY CONSERVATION GOALS- Section 364 of the Energy Policy and
Conservation Act (42 U.S.C. 6324) is amended to read as follows:
`SEC. 364. Each State energy conservation plan with respect to which
assistance is made available under this part on or after the date of enactment
of the Energy Policy Act of 2002 shall contain a goal, consisting of an
improvement of 25 percent or more in the efficiency of use of energy in the
State concerned in calendar year 2010 as compared to calendar year 1990, and
may contain interim goals.'.
(c) STATE ENERGY CONSERVATION GRANTS- Section 365(f) of the Energy Policy
and Conservation Act (42 U.S.C. 6325(f)) is amended by striking `for fiscal
years 1999 through 2003 such sums as may be necessary.' and inserting:
`$100,000,000 for each of fiscal years 2003 and 2004; $125,000,000 for fiscal
year 2005; and such sums as may be necessary for each fiscal year
thereafter.'.
SEC. 903. ENERGY EFFICIENT SCHOOLS.
(a) ESTABLISHMENT- There is established in the Department of Energy the
High Performance Schools Program (in this section referred to as the
`Program').
(b) GRANTS- The Secretary of Energy may make grants to a State energy
office--
(1) to assist school districts in the State to improve the energy
efficiency of school buildings;
(2) to administer the Program; and
(3) to promote participation in the Program.
(c) GRANTS TO ASSIST SCHOOL DISTRICTS- The Secretary shall condition
grants under subsection (b)(1) on the State energy office using the grants to
assist school districts that have demonstrated--
(1) a need for the grants to build additional school buildings to meet
increasing elementary or secondary enrollments or to renovate existing
school buildings; and
(2) a commitment to use the grant funds to develop high performance
school buildings in accordance with a plan that the State energy office, in
consultation with the State educational agency, has determined is feasible
and appropriate to achieve the purposes for which the grant is made.
(d) GRANTS FOR ADMINISTRATION- Grants under subsection (b)(2) shall be
used to--
(1) evaluate compliance by school districts with requirements of this
section;
(2) distribute information and materials to clearly define and promote
the development of high performance school buildings for both new and
existing facilities;
(3) organize and conduct programs for school board members, school
personnel, architects, engineers, and others to advance the concepts of high
performance school buildings;
(4) obtain technical services and assistance in planning and designing
high performance school buildings; or
(5) collect and monitor data and information pertaining to the high
performance school building projects.
(e) GRANTS TO PROMOTE PARTICIPATION- Grants under subsection (b)(3) shall
be used for promotional and marketing activities, including facilitating
private and public financing, promoting the use of energy savings performance
contracts, working with school administrations, students, and communities, and
coordinating public benefit programs.
(f) SUPPLEMENTING GRANT FUNDS- The State energy office shall encourage
qualifying school districts to supplement funds awarded pursuant to this
section with funds from other sources in the implementation of their plans.
(g) ALLOCATIONS- Except as provided in subsection (h), funds appropriated
to carry out this section shall be allocated as follows:
(1) 70 percent shall be used to make grants under subsection
(b)(1);
(2) 15 percent shall be used to make grants under subsection (b)(2);
and
(3) 15 percent shall be used to make grants under subsection
(b)(3).
(h) OTHER FUNDS- The Secretary of Energy may retain an amount, not to
exceed $300,000 per year, to assist State energy offices in coordinating and
implementing the Program. Such funds may be used to develop reference
materials to further define the principles and criteria to achieve high
performance school buildings.
(i) AUTHORIZATION OF APPROPRIATIONS- For grants under subsection (b) there
are authorized to be appropriated--
(1) $200,000,000 for fiscal year 2003;
(2) $210,000,000 for fiscal year 2004;
(3) $220,000,000 for fiscal year 2005;
(4) $230,000,000 for fiscal year 2006; and
(5) such sums as may be necessary for fiscal year 2007 and each fiscal
year thereafter through fiscal year 2012.
(j) DEFINITIONS- For purposes of this section:
(1) HIGH PERFORMANCE SCHOOL BUILDING- The term `high performance school
building' means a school building that, in its design, construction,
operation, and maintenance--
(A) maximizes use of renewable energy and energy-efficient
technologies and systems;
(B) is cost-effective on a life-cycle basis;
(C) uses affordable, environmentally preferable, and durable
materials;
(D) enhances indoor environmental quality;
(E) protects and conserves water; and
(F) optimizes site potential.
(2) RENEWABLE ENERGY- The term `renewable energy' means energy produced
by solar, wind, biomass, ocean, geothermal, or hydroelectric power.
(3) SCHOOL- The term `school' means--
(A) an `elementary school' as that term is defined in section
14101(14) of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801(14)),
(B) a `secondary school' as that term is defined in section 14101(25)
of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
8801(25)), or
(C) an elementary or secondary Indian school funded by the Bureau of
Indian Affairs.
(4) STATE EDUCATIONAL AGENCY- The term `State educational agency' has
the same meaning given such term in section 14101(28) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 8801(28)).
(5) STATE ENERGY OFFICE- The term `State energy office' means the State
agency responsible for developing State energy conservation plans under
section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322), or,
if no such agency exists, a State agency designated by the Governor of the
State.
SEC. 904. LOW INCOME COMMUNITY ENERGY EFFICIENCY PILOT PROGRAM.
(a) GRANTS- The Secretary of Energy is authorized to make grants to
private, non-profit community development organizations to improve energy
efficiency, identify and develop alternative renewable and distributed energy
supplies, and increase energy conservation in low income rural and urban
communities.
(b) PURPOSE OF GRANTS- The Secretary may make grants on a competitive
basis to a community development organization for--
(1) investments that develop alternative renewable and distributed
energy supplies;
(2) energy efficiency projects and energy conservation programs;
(3) studies and other activities that improve energy efficiency in low
income rural and urban communities;
(4) planning and development assistance for increasing the energy
efficiency of buildings and facilities; and
(5) technical and financial assistance to local government and private
entities on developing new renewable and distributed sources of power or
combined heat and power generation.
(c) AUTHORIZATION OF APPROPRIATIONS- For the purposes of this section
there are authorized to be appropriated to the Secretary of Energy an amount
not to exceed $10 million for fiscal year 2003 and each fiscal year thereafter
through fiscal year 2005.
Subtitle B--Federal Energy Efficiency
SEC. 911. ENERGY MANAGEMENT REQUIREMENTS.
(a) ENERGY REDUCTION GOALS- Section 543(a)(1) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(a)(1)) is amended to read as
follows:
`(1) Subject to paragraph (2), each agency shall apply energy
conservation measures to, and shall improve the design for the construction
of, the Federal buildings of the agency (including each industrial or
laboratory facility) so that the energy consumption per gross square foot of
the Federal buildings of the agency in calendar years 2002 through 2011 is
reduced, as compared with the energy consumption per gross square foot of
the Federal buildings of the agency in calendar year 2000, by the percentage
specified in the following table:
Calendar Year
Percentage reduction
2002
--2
2003
--4
2004
--6
2005
--8
2006
--10
2007
--12
2008
--14
2009
--16
2010
--18
2011
--20
(b) REVIEW AND REVISION OF ENERGY PERFORMANCE REQUIREMENT- Section 543(a)
of the National Energy Conservation Policy Act (42 U.S.C. 8253(a)) is further
amended by adding at the end the following:
`(3) Not later than December 31, 2010, the Secretary shall review the
results of the implementation of the energy performance requirement
established under paragraph (1) and submit to Congress recommendations
concerning energy performance requirements for calendar years 2012 through
2021.'.
(c) EXCLUSIONS- Section 543(c)(1) of the National Energy Conservation
Policy Act (42 U.S.C. 8253(c)(1)) is amended to read as follows:
`(1)(A) An agency may exclude, from the energy performance requirement
for a calendar year established under subsection (a) and the energy
management requirement established under subsection (b), any Federal
building or collection of Federal buildings, if the head of the agency finds
that--
`(i) compliance with those requirements would be
impracticable;
`(ii) the agency has completed and submitted all federally required
energy management reports;
`(iii) the agency has achieved compliance with the energy efficiency
requirements of this Act, the Energy Policy Act of 1992, Executives
Orders, and other federal law; and
`(iv) the agency has implemented all practicable, life-cycle
cost-effective projects with respect to the Federal building or collection
of Federal buildings to be excluded.
`(B) A finding of impracticability under subparagraph (A)(i) shall be
based on--
`(i) the energy intensiveness of activities carried out in the Federal
building or collection of Federal buildings; or
`(ii) the fact that the Federal building or collection of Federal
buildings is used in the performance of a national security
function.'.
(d) REVIEW BY SECRETARY- Section 543(c)(2) of the National Energy
Conservation Policy Act (42 U.S.C. 8253(c)(2)) is amended--
(1) by striking `impracticability standards' and inserting `standards
for exclusion'; and
(2) by striking `a finding of impracticability' and inserting `the
exclusion'.
(e) CRITERIA- Section 543(c) of the National Energy Conservation Policy
Act (42 U.S.C. 8253(c)) is further amended by adding at the end the
following:
`(3) Not later than 180 days after the date of enactment of this
paragraph, the Secretary shall issue guidelines that establish criteria for
exclusions under paragraph (1).'.
(f) REPORTS- Section 548(b) of the National Energy Conservation Policy Act
(42 U.S.C. 8258(b)) is amended--
(1) in the subsection heading, by inserting `THE PRESIDENT AND' before
`CONGRESS'; and
(2) by inserting `President and' before `Congress'.
(g) CONFORMING AMENDMENT- Section 550(d) of the National Energy
Conservation Policy Act (42 U.S.C. 8258b(d)) is amended in the second sentence
by striking `the 20 percent reduction goal established under section 543(a) of
the National Energy Conservation
Policy Act (42 U.S.C. 8253(a)).' and inserting `each of the energy reduction
goals established under section 543(a).'.
SEC. 912. ENERGY USE MEASUREMENT AND ACCOUNTABILITY.
Section 543 of the National Energy Conservation Policy Act (42 U.S.C.
8253) is further amended by adding at the end the following:
`(e) Metering of Energy Use-
`(1) DEADLINE- By October 1, 2004, all Federal buildings shall be
metered or submetered in accordance with guidelines established by the
Secretary under paragraph (2).
`(A) IN GENERAL- Not later than 180 days after the date of enactment
of this subsection, the Secretary, in consultation with the Department of
Defense, the General Service Administration and representatives from the
metering industry, energy services industry, national laboratories,
universities and federal facility energy managers, shall establish
guidelines for agencies to carry out paragraph (1).
`(B) REQUIREMENTS FOR GUIDELINES- The guidelines shall--
`(i) take into consideration--
`(I) the cost of metering and submetering and the reduced cost of
operation and maintenance expected to result from metering and
submetering;
`(II) the extent to which metering and submetering are expected to
result in increased potential for energy management, increased
potential for energy savings and energy efficiency improvement, and
cost and energy savings due to utility contract aggregation;
and
`(III) the measurement and verification protocols of the
Department of Energy;
`(ii) include recommendations concerning the amount of funds and the
number of trained personnel necessary to gather and use the metering
information to track and reduce energy use;
`(iii) establish 1 or more dates, not later than 1 year after the
date of issuance of the guidelines, on which the requirement specified
in paragraph (1) shall take effect; and
`(iv) establish exclusions from the requirement specified in
paragraph (1) based on the de minimus quantity of energy use of a
Federal building, industrial process, or structure.
`(f) Use of Energy Consumption Data in Federal Buildings-
`(1) IN GENERAL- Beginning not later than January 1, 2003, each agency
shall use, to the maximum extent practicable, for the purposes of efficient
use of energy and reduction in the cost of electricity used in the Federal
buildings of the agency, interval consumption data that measure on a
real-time or daily basis consumption of electricity in the Federal buildings
of the agency.
`(2) PLAN- As soon as practicable after the date of enactment of this
subsection, in a report submitted by the agency under section 548(a), each
agency shall submit to the Secretary a plan describing how the agency will
implement the requirement of paragraph (1), including how the agency will
designate personnel primarily responsible for achieving the
requirement.'.
SEC. 913. FEDERAL BUILDING PERFORMANCE STANDARDS.
(a) REVISED STANDARDS- Section 305(a) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)) is amended--
(1) in paragraph (2)(A), by striking `CABO Model Energy Code, 1992' and
inserting `the 2000 International Energy Conservation Code'; and
(2) by adding at the end the following:
`(3) Revised federal building energy efficiency performance
standards-
`(A) IN GENERAL- Not later than 1 year after the date of enactment of
this paragraph, the Secretary of Energy shall establish, by rule, revised
Federal building energy efficiency performance standards that require
that--
`(i) new commercial buildings and multifamily high rise residential
buildings be constructed so as to exceed, if cost-effective, the
applicable Energy Star criteria or the most recent ASHRAE Standard 90.1,
by not less than 10 percent;
`(ii) new residential buildings (other than those described in
clause (i)) be constructed so as to exceed, if cost-effective, the level
of energy efficiency required under the applicable Energy Star criteria
or the most recent version of the 2000 International Energy Conservation
Code by not less than 10 percent; and
`(iii) sustainable design principles are applied to the siting,
design, and construction of all new and replacement
buildings.
`(B) ADDITIONAL REVISIONS- Not later than 1 year after the date of
approval of amendments to ASHRAE Standard 90.1 or the 2000 International
Energy Conservation Code, the Secretary of Energy shall determine, based
on the cost-effectiveness of the requirements under the amendments,
whether the revised standards established under this paragraph should be
updated to reflect the amendments.
`(C) STATEMENT ON COMPLIANCE OF NEW BUILDINGS- In the budget request
of the Federal agency for each fiscal year and each report submitted by
the Federal agency under section 548(a) of the National Energy
Conservation Policy Act (42 U.S.C. 8258(a)), the head of each Federal
agency shall include--
`(i) a list of all new Federal buildings of the Federal agency;
and
`(ii) a statement concerning whether the Federal buildings meet or
exceed the revised standards established under this paragraph, including
a metering and commissioning component that is in compliance with the
measurement and verification protocols of the Department of
Energy.
`(D) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated such sums as are necessary to carry out this paragraph and to
implement the revised standards established under this
paragraph.'.
(b) ENERGY LABELING PROGRAM- Section 305(a) of the Energy Conservation and
Production Act (42 U.S.C. 6834(a)) is further amended by adding at the end the
following:
`(e) ENERGY LABELING PROGRAM- The Secretary of Energy, in cooperation with
the Administrator of the Environmental Protection Agency, shall develop an
energy labeling program for new Federal buildings that exceed the revised
standards established under subsection (a)(3) by 15 percent or more.'.
SEC. 914. PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
(a) REQUIREMENTS- Part 3 of title V of the National Energy Conservation
Policy Act is amended by adding at the end the following:
`SEC. 552. FEDERAL PROCUREMENT OF ENERGY EFFICIENT PRODUCTS.
`(a) DEFINITIONS- In this section:
`(1) ENERGY STAR PRODUCT- The term `Energy Star product' means a product
that is rated for energy efficiency under an Energy Star program.
`(2) ENERGY STAR PROGRAM- The term `Energy Star program' means the
program established by section 324A of the Energy Policy and Conservation
Act.
`(3) EXECUTIVE AGENCY- The term `executive agency' has the meaning given
the term in section 4 of the Office of Federal Procurement Policy Act (41
U.S.C. 403).
`(4) FEMP DESIGNATED PRODUCT- The term `FEMP designated product' means a
product that is designated under the Federal Energy Management Program of
the Department of Energy as being among the highest 25 percent of equivalent
products for energy efficiency.
`(b) Procurement of Energy Efficient Products-
`(1) REQUIREMENT- To meet the requirements of an executive agency for an
energy consuming product, the head of the executive agency shall, except as
provided in paragraph (2), procure--
`(A) an Energy Star product; or
`(B) a FEMP designated product.
`(2) EXCEPTIONS- The head of an executive agency is not required to
procure an Energy Star product or FEMP designated product under paragraph
(1) if--
`(A) an Energy Star product or FEMP designated product is not cost
effective over the life cycle of the product; or
`(B) no Energy Star product or FEMP designated product is reasonably
available that meets the requirements of the executive agency.
`(3) PROCUREMENT PLANNING- The head of an executive agency shall
incorporate into the specifications for all procurements involving energy
consuming products and systems, and into the factors for the evaluation of
offers received for the procurement, criteria for energy efficiency that are
consistent with the criteria used for rating Energy Star products and for
rating FEMP designated products.
`(c) LISTING OF ENERGY EFFICIENT PRODUCTS IN FEDERAL CATALOGS- Energy Star
and FEMP designated products shall be clearly identified and prominently
displayed in any inventory or listing of products by the General Services
Administration or the Defense Logistics Agency.
(b) CONFORMING AMENDMENT- The table of contents in section 1(b) of the
National Energy Conservation Policy Act (42 U.S.C. 8201 note) is amended by
inserting after the item relating to section 551 the following:
`Sec. 552. Federal Government procurement of energy efficient
products.'
(c) REGULATIONS- Not later than 180 days after the effective date
specified in subsection (f), the Secretary of Energy shall issue guidelines to
carry out section 552 of the National Energy Conservation Policy Act (as added
by subsection (a)).
(d) DESIGNATION OF ENERGY STAR PRODUCTS- The Administrator of the
Environmental Protection Agency and the Secretary of Energy shall expedite the
process of designating products as Energy Star products (as defined in section
552 of the National Energy Conservation Policy Act (as added by subsection
(a)).
(e) DESIGNATION OF ELECTRIC MOTORS- In the case of electric motors of 1 to
500 horsepower, agencies shall select only premium efficient motors that meet
a standard designated by the Secretary. The Secretary shall designate such a
standard within 120 days of the enactment of this paragraph, after considering
the recommendations of associated electric motor manufacturers and energy
efficiency groups.
(f) EFFECTIVE DATE- Subsection (a) and the amendment made by that
subsection take effect on the date that is 180 days after the date of
enactment of this Act.
SEC. 915. COST SAVINGS FROM REPLACEMENT FACILITIES.
Section 801(a) of the National Energy Conservation Policy Act (42 U.S.C.
8287(a)) is amended by adding at the end the following:
`(3)(A) In the case of an energy savings contract or energy savings
performance contract providing for energy savings through the construction
and operation of one or more buildings or facilities to replace one or more
existing buildings or facilities, benefits ancillary to the purpose of such
contract under paragraph (1) may include savings resulting from reduced
costs of operation and maintenance at such replacement buildings or
facilities when compared with costs of operation and maintenance at the
buildings or facilities being replaced.
`(B) Notwithstanding paragraph (2)(B), aggregate annual payments by an
agency under an energy savings contract or energy savings performance
contract referred to in subparagraph (A) may take into account (through the
procedures developed pursuant to this section) savings resulting from
reduced costs of operation and maintenance as described in subparagraph
(A).'.
SEC. 916. REPEAL OF ENERGY SAVINGS PERFORMANCE CONTRACT SUNSET.
Section 801(c) of the National Energy Conservation Policy Act (42 U.S.C.
8287(c)) is repealed.
SEC. 917. ENERGY SAVINGS PERFORMANCE CONTRACT DEFINITIONS.
(a) ENERGY SAVINGS- Section 804(2) of the National Energy Conservation
Policy Act (42 U.S.C. 8287c(2)) is amended to read as follows:
`(2) The term `energy savings' means a reduction in the cost of energy
or water, from a base cost established through a methodology set forth in
the contract, used in either--
`(A) an existing federally owned building or buildings or other
federally owned facilities as a result of--
`(i) the lease or purchase of operating equipment, improvements,
altered operation and maintenance, or technical services;
`(ii) the increased efficient use of existing energy sources by
cogeneration or heat recovery, excluding any cogeneration process for
other than a federally owned building or buildings or other federally
owned facilities; or
`(iii) the increased efficient use of existing water sources;
or
`(B) a replacement facility under section 801(a)(3).'.
(b) ENERGY SAVINGS CONTRACT- Section 804(3) of the National Energy
Conservation Policy Act (42 U.S.C. 8287c(3)) is amended to read as follows:
`(3) The terms `energy savings contract' and `energy savings performance
contract' mean a contract which provides for--
`(A) the performance of services for the design, acquisition,
installation, testing, operation, and, where appropriate, maintenance and
repair, of an identified energy or water conservation measure or series of
measures at one or more locations; or
`(B) energy savings through the construction and operation of one or
more buildings or facilities to replace one or more existing buildings or
facilities.'.
(c) ENERGY OR WATER CONSERVATION MEASURE- Section 804(4) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(4)) is amended to read as
follows:
`(4) The term `energy or water conservation measure' means--
`(A) an energy conservation measure, as defined in section 551(4) (42
U.S.C. 8259(4)); or
`(B) a water conservation measure that improves water efficiency, is
life cycle cost effective, and involves water conservation, water
recycling or reuse, more efficient treatment of wastewater or stormwater,
improvements in operation or maintenance efficiencies, retrofit activities
or other related activities, not at a Federal hydroelectric
facility.'.
SEC. 918. REVIEW OF ENERGY SAVINGS PERFORMANCE CONTRACT PROGRAM.
Within 180 days after the date of the enactment of this Act, the Secretary
of Energy shall complete a review of the Energy Savings Performance Contract
program to identify statutory, regulatory, and administrative obstacles that
prevent Federal agencies from fully utilizing the program. In addition, this
review shall identify all areas for increasing program flexibility and
effectiveness, including audit and measurement verification requirements,
accounting for energy use in determining savings, contracting requirements,
and energy efficiency services covered. The Secretary shall report these
findings to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate, and shall implement identified administrative and regulatory changes
to increase program flexibility and effectiveness to the extent that such
changes are consistent with statutory authority.
SEC. 919. FEDERAL ENERGY BANK.
Part 3 of title V of the National Energy Conservation Policy Act is
amended by adding at the end the following:
`SEC. 553. FEDERAL ENERGY BANK.
`(a) DEFINITIONS- In this section:
`(1) BANK- The term `Bank' means the Federal Energy Bank established by
subsection (b).
`(2) ENERGY OR WATER EFFICIENCY PROJECT- The term `energy or water
efficiency project' means a project that assists a Federal agency in meeting
or exceeding the energy or water efficiency requirements of--
`(C) subtitle F of title I of the Energy Policy Act of 1992 (42 U.S.C.
8262 et seq.); or
`(D) any applicable Executive order, including Executive Order No.
13123.
`(3) FEDERAL AGENCY- The term `Federal agency' means--
`(A) an Executive agency (as defined in section 105 of title 5, United
States Code);
`(B) the United States Postal Service;
`(C) Congress and any other entity in the legislative branch;
and
`(D) a Federal court and any other entity in the judicial
branch.
`(b) ESTABLISHMENT OF BANK-
`(1) IN GENERAL- There is established in the Treasury of the United
States a fund to be known as the `Federal Energy Bank', consisting
of--
`(A) such amounts as are deposited in the Bank under paragraph
(2);
`(B) such amounts as are repaid to the Bank under subsection
(c)(2)(D); and
`(C) any interest earned on investment of amounts in the Bank under
paragraph (3).
`(A) IN GENERAL- Subject to the availability of appropriations and to
subparagraph (B), the Secretary of the Treasury shall deposit in the Bank
an amount equal to $250,000,000 in fiscal year 2003 and in each fiscal
year thereafter.
`(B) MAXIMUM AMOUNT IN BANK- Deposits under subparagraph (A) shall
cease beginning with the fiscal year following the fiscal year in which
the amounts in the Bank (including amounts on loan from the Bank) become
equal to or exceed $1,000,000,000.
`(3) INVESTMENT OF AMOUNTS- The Secretary of the Treasury shall invest
such portion of the Bank as is not, in the judgment of the Secretary,
required to meet current withdrawals. Investments may be made only in
interest-bearing obligations of the United States.
`(c) LOANS FROM THE BANK-
`(1) IN GENERAL- The Secretary of the Treasury shall transfer from the
Bank to the Secretary such amounts as are appropriated to carry out the loan
program under paragraph (2).
`(i) IN GENERAL- In accordance with subsection (d), the Secretary,
in consultation with the Secretary of Defense, the Administrator of
General Services, and the Director of the Office of Management and
Budget, shall establish a program to make loans of amounts in the Bank
to any Federal agency that submits an application satisfactory to the
Secretary in order to pay the costs of a project described in
subparagraph (C).
`(ii) COMMENCEMENT OF OPERATIONS- The Secretary may
begin--
`(I) accepting applications for loans from the Bank in fiscal year
2002; and
`(II) making loans from the Bank in fiscal year
2003.
`(B) ENERGY SAVINGS PERFORMANCE CONTRACTING FUNDING- To the extent
practicable, an agency shall not submit a project for which energy
performance contracting funding is available and is acceptable to the
Federal agency under title VIII.
`(i) IN GENERAL- A loan from the Bank may be used to
pay--
`(I) the costs of an energy or water efficiency project, or a
renewable or alternative energy project, for a new or existing Federal
building (including selection and design of the
project);
`(II) the costs of an energy metering plan and metering equipment
installed pursuant to section 543(e) or for the purpose of
verification of the energy savings under an energy savings performance
contract under title VIII; or
`(III) at the time of contracting, the costs of cofunding of an
energy savings performance contract (including a utility energy
service agreement) in order to shorten the payback period of the
project that is the subject of the energy savings performance
contract.
`(ii) LIMITATION- A Federal agency may use not more than 10 percent
of the amount of a loan under subclause (I) or (II) of clause (i) to pay
the costs of administration and proposal development (including data
collection and energy surveys).
`(iii) RENEWABLE AND ALTERNATIVE ENERGY PROJECTS- Not more than 25
percent of the amount on loan from the Bank at any time may be loaned
for renewable energy and alternative energy projects (as defined by the
Secretary in accordance with applicable law (including Executive
Orders)).
`(i) IN GENERAL- Subject to clauses (ii) through (iv), a Federal
agency shall repay to the Bank the principal amount of a loan plus
interest at a rate determined by the President, in consultation with the
Secretary and the Secretary of the Treasury.
`(ii) WAIVER OR REDUCTION OF INTEREST- The Secretary may waive or
reduce the rate of interest required to be paid under clause (i) if the
Secretary determines that payment of interest by a Federal agency at the
rate determined under that clause is not required to fund the operations
of the Bank.
`(iii) DETERMINATION OF INTEREST RATE- The interest rate determined
under clause (i) shall be at a rate that is sufficient to ensure that,
beginning not later than October 1, 2007, interest payments will be
sufficient to fully fund the operations of the Bank.
`(iv) INSUFFICIENCY OF APPROPRIATIONS-
`(I) REQUEST FOR APPROPRIATIONS- As part of the budget request of
the Federal agency for each fiscal year, the head of each Federal
agency shall submit to the President a request for such amounts as are
necessary to make such repayments as are expected to become due in the
fiscal year under this subparagraph.
`(II) SUSPENSION OF REPAYMENT REQUIREMENT- If, for any fiscal
year, sufficient appropriations are not made available to a Federal
agency to make repayments under this subparagraph, the Bank shall
suspend the requirement of repayment under this subparagraph until
such appropriations are made available.
`(E) FEDERAL AGENCY ENERGY BUDGETS- Until a loan is repaid, a Federal
agency budget submitted by the President to Congress for a fiscal year
shall not be reduced by the value of energy savings accrued as a result of
any energy conservation measure implemented using amounts from the
Bank.
`(F) NO RESCISSION OR REPROGRAMMING- A Federal agency shall not
rescind or reprogram loan amounts made available from the Bank except as
permitted under guidelines issued under subparagraph (G).
`(G) GUIDELINES- The Secretary shall issue guidelines for
implementation of the loan program under this paragraph, including
selection criteria, maximum loan amounts, and loan repayment
terms.
`(1) IN GENERAL- The Secretary shall establish criteria for the
selection of projects to be awarded loans in accordance with paragraph
(2).
`(A) IN GENERAL- The Secretary may make loans from the Bank only for a
project that--
`(i) is technically feasible;
`(ii) is determined to be cost-effective using life cycle cost
methods established by the Secretary;
`(iii) includes a measurement and management component, based on the
measurement and verification protocols of the Department of Energy,
to--
`(I) commission energy savings for new and existing Federal
facilities;
`(II) monitor and improve energy efficiency management at existing
Federal facilities; and
`(III) verify the energy savings under an energy savings
performance contract under title VIII;
`(iv)(I) in the case of renewable energy or alternative energy
project, has a simple payback period of not more than 15 years;
and
`(II) in the case of any other project, has a simple payback period
of not more than 10 years.
`(B) PRIORITY- In selecting projects, the Secretary shall give
priority to projects that--
`(i) are a component of a comprehensive energy management project
for a Federal facility; and
`(ii) are designed to significantly reduce the energy use of the
Federal facility.
`(1) REPORTS TO THE SECRETARY- Not later than 1 year after the
completion of installation of a project that has a cost of more than
$1,000,000, and annually thereafter, a Federal agency shall submit to the
Secretary a report that--
`(A) states whether the project meets or fails to meet the energy
savings projections for the project; and
`(B) for each project that fails to meet the energy savings
projections, states the reasons for the failure and describes proposed
remedies.
`(2) AUDITS- The Secretary may audit, or require a Federal agency that
receives a loan from the Bank to audit, any project financed with amounts
from the Bank to assess the performance of the project.
`(3) REPORTS TO CONGRESS- At the end of each fiscal year, the Secretary
shall submit to Congress a report on the operations of the Bank, including a
statement of--
`(A) the total receipts by the Bank;
`(B) the total amount of loans from the Bank to each Federal agency;
and
`(C) the estimated cost and energy savings resulting from projects
funded with loans from the Bank.
`(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to such sums as are necessary to carry out this section.'
SEC. 920. ENERGY AND WATER SAVING MEASURES IN CONGRESSIONAL BUILDINGS.
(a) IN GENERAL- Part 3 of title V of the National Energy Conservation
Policy Act is amended by adding at the end:
`SEC. 554. ENERGY AND WATER SAVINGS MEASURES IN CONGRESSIONAL
BUILDINGS.
`(a) IN GENERAL- The Architect of the Capitol--
`(1) shall develop, update, and implement a cost-effective energy
conservation and management plan (referred to in this section as the `plan')
for all facilities administered by the Congress (referred to in this section
as `congressional buildings') to meet the energy performance requirements
for Federal buildings established under section 543(a)(1).
`(2) shall submit the plan to Congress, not later than 180 days after
the date of enactment of this section.
`(b) PLAN REQUIREMENTS- The plan shall include--
`(1) a description of the life-cycle cost analysis used to determine the
cost-effectiveness of proposed energy efficiency projects;
`(2) a schedule of energy surveys to ensure complete surveys of all
congressional buildings every five years to determine the cost and payback
period of energy and water conservation measures;
`(3) a strategy for installation of life cycle cost effective energy and
water conservation measures;
`(4) the results of a study of the costs and benefits of installation of
submetering in congressional buildings; and
`(5) information packages and `how-to' guides for each Member and
employing authority of Congress that detail simple, cost-effective methods
to save energy and taxpayer dollars in the workplace.
`(c) CONTRACTING AUTHORITY- The Architect--
`(1) may contract with nongovernmental entities and use private sector
capital to finance energy conservation projects and meet energy performance
requirements; and
`(2) may use innovative contracting methods that will attract private
sector funding for the installation of energy efficient and renewable energy
technology, such as energy savings performance contracts described in title
VIII.
`(d) CAPITOL VISITOR CENTER- The Architect--
`(1) shall ensure that state-of-the-art energy efficiency and renewable
energy technologies are used in the construction and design of the Visitor
Center; and
`(2) shall include in the Visitor Center an exhibit on the energy
efficiency and renewable energy measures used in congressional
buildings.
`(e) ANNUAL REPORT- The Architect shall submit to Congress annually a
report on congressional energy management and conservation programs required
under this section that describes in detail--
`(1) energy expenditures and savings estimates for each facility;
`(2) energy management and conservation projects; and
`(3) future priorities to ensure compliance with this section.'.
(b) REPEAL- Section 310 of the Legislative Branch Appropriations Act, 1999
(40 U.S.C. 166i), is repealed.
Subtitle C--Industrial Efficiency and Consumer Products
SEC. 921. VOLUNTARY COMMITMENTS TO REDUCE INDUSTRIAL ENERGY INTENSITY.
(a) VOLUNTARY AGREEMENTS- The Secretary of Energy shall enter into
voluntary agreements with one or more persons in industrial sectors that
consume significant amounts of
primary energy per unit of physical output to reduce the energy intensity of
their production activities.
(b) GOAL- Voluntary agreements under this section shall have a goal of
reducing energy intensity by not less than 2.5 percent each year from 2002
through 2012.
(c) RECOGNITION- The Secretary of Energy, in cooperation with the
Administrator of the Environmental Protection Agency and other appropriate
federal agencies, shall develop mechanisms to recognize and publicize the
achievements of participants in voluntary agreements under this section.
(d) DEFINITION- In this section, the term `energy intensity' means the
primary energy consumed per unit of physical output in an industrial
process.
(e) TECHNICAL ASSISTANCE- An entity that enters into an agreement under
this section and continues to make a good faith effort to achieve the energy
efficiency goals specified in the agreement shall be eligible to receive from
the Secretary a grant or technical assistance as appropriate to assist in the
achievement of those goals.
(f) REPORT- Not later than June 30, 2008 and June 30, 2012, the Secretary
shall submit to Congress a report that evaluates the success of the voluntary
agreements, with independent verification of a sample of the energy savings
estimates provided by participating firms.
SEC. 922. AUTHORITY TO SET STANDARDS FOR COMMERCIAL PRODUCTS.
Part B of title III of the Energy Policy and Conservation Act (42 U.S.C.
6291 et seq.) is amended as follows:
(1) In the heading for such part, by inserting `AND COMMERCIAL' after
`CONSUMER'.
(2) In section 321(2), by inserting `or commercial' after
`consumer'.
(3) In paragraphs (4), (5), and (15) of section 321, by striking
`consumer' each place it appears and inserting `covered'.
(4) In section 322(a), by inserting `or commercial' after `consumer' the
first place it appears in the material preceding paragraph (1).
(5) In section 322(b), by inserting `or commercial' after `consumer'
each place it appears.
(6) In section 322 (b)(1)(B) and (b)(2)(A), by inserting `or
per-business in the case of a commercial product' after `per-household' each
place it appears.
(7) In section 322 (b)(2)(A), by inserting `or businesses in the case of
commercial products' after `households' each place it appears.
(8) In section 322 (B)(2)(C)--
(A) by striking `term' and inserting `terms'; and
(B) by inserting `and `business' after `household'.
(9) In section 323 (b)(1) (B) by inserting `or commercial' after
`consumer'.
SEC. 923. ADDITIONAL DEFINITIONS.
Section 321 of the Energy Policy and Conservation Act (42 U.S.C. 6291) is
amended by adding at the end the following:
`(32) The term `battery charger' means a device that charges batteries
for consumer products.
`(33) The term `commercial refrigerator, freezer and
refrigerator-freezer' means a refrigerator, freezer or refrigerator-freezer
that--
`(A) is not a consumer product regulated under this Act; and
`(B) incorporates most components involved in the vapor-compression
cycle and the refrigerated compartment in a single package.
`(34) The term `external power supply' means an external power supply
circuit that is used to convert household electric current into either DC
current or lower-voltage AC current to operate a consumer product.
`(35) The term `illuminated exit sign' means a sign that--
`(A) is designed to be permanently fixed in place to identify an exit;
and
`(i) an electrically powered integral light source that illuminates
the legend `EXIT' and any directional indicators; and
`(ii) provides contrast between the legend, any directional
indicators, and the background.
`(36)(A) Except as provided in subsection (B), the term `low-voltage
dry-type transformer' means a transformer that--
`(i) has an input voltage of 600 volts or less;
`(iii) does not use oil as a coolant; and
`(iv) is rated for operation at a frequency of 60 Hertz.
`(B) The term `low-voltage dry-type transformer' does not
include--
`(i) transformers with multiple voltage taps, with the highest voltage
tap equaling at least 20 percent more than the lowest voltage
tap;
`(ii) transformers that are not used in general purpose applications,
including transformers commonly known as drive transformers, rectifier
transformers, autotransformers, Uninterruptible Power System transformers,
impedance transformers, harmonic transformers, regulating transformers,
sealed and nonventilating transformers, machine tool transformers, welding
transformers, grounding transformers, or testing transformers; or
`(iii) any transformer excluded by the Secretary by rule because such
transformer is designed for special applications and the application of
standards to such transformer would not result in significant energy
savings.
`(37) The term `standby mode' means the lowest amount of electric power
used by a household appliance when not performing its active functions, as
defined on an individual product basis by the Secretary.
`(38) The term `torchiere' means a portable electric lamp with a
reflector bowl that directs light upward so as to give indirect
illumination.
`(39) The term `transformer' means a device consisting of 2 or more
coils of insulated wire that transfers alternating current by
electromagnetic induction from one coil to another to change the original
voltage or current value.
`(40) The term `unit heater' means a self-contained fan-type heater
designed to be installed within the heated space, except that such term does
not include a warm air furnace.'
SEC. 924. ADDITIONAL TEST PROCEDURES.
(a) EXIT SIGNS- Section 323(b) of the Energy Policy and Conservation Act
(42 U.S.C. 6293) is amended by adding at the end the following:
`(9) Test procedures for illuminated exit signs shall be the test method
used under the Energy Star program of the Environmental Protection Agency
for illuminated exit signs, as in effect on the date of enactment of this
paragraph.
`(10) Test procedures for low voltage dry-type distribution transformers
shall be based on the `Standard Test Method for Measuring the Energy
Consumption of Distribution Transformers' prescribed by the National
Electrical Manufacturers Association (NEMA TP 2-1998). The Secretary may
review and revise this test procedure based on future revisions to such
standard test method.'
(b) ADDITIONAL CONSUMER AND COMMERCIAL PRODUCTS- Section 323 of the Energy
Policy and Conservation Act (42 U.S.C. 6293) is further amended by adding at
the end the following:
`(f) ADDITIONAL CONSUMER AND COMMERCIAL PRODUCTS- The Secretary shall
within 24 months after the date of enactment of this subsection prescribe
testing requirements for suspended ceiling fans, refrigerated bottled or
canned beverage vending machines, commercial unit heaters, and commercial
refrigerators, freezers and refrigerator-freezers. Such testing requirements
shall be based on existing test procedures used in industry to the extent
practical and reasonable. In the case of suspended ceiling fans, such test
procedures shall include efficiency at both maximum output and at an output no
more than 50 percent of the maximum output.'.
SEC. 925. ENERGY LABELING.
(a) RULEMAKING ON EFFECTIVENESS OF CONSUMER PRODUCT LABELING- Paragraph
(2) of section 324(a) of the Energy Policy and Conservation Act (42 U.S.C.
6294(a)(2)) is amended by adding at the end the following:
`(F) Not later than three months after the date of enactment of this
subparagraph, the Commission shall initiate a rulemaking to consider the
effectiveness of the current consumer products labeling program in
assisting consumers in making purchasing decisions and improving energy
efficiency and to consider changes to the labeling rules that would
improve the effectiveness of consumer product labels. Such rulemaking
shall be completed within 15 months of the date of enactment of this
subparagraph.'.
(b) RULEMAKING ON LABELING FOR ADDITIONAL PRODUCTS- Section 324(a) of the
Energy Policy and Conservation Act (42 U.S.C. 6294(a)) is further amended by
adding at the end the following:
`(5) The Secretary shall within 6 months after the date on which energy
conservation standards are prescribed by the Secretary for covered products
referred to in subsections (u) and (v) of section 325, and within 18 months
of enactment of this paragraph for products referred to in subsections (w)
through (y) of section 325, prescribe, by rule, labeling requirements for
such products. Labeling requirements adopted under this paragraph shall take
effect on the same date as the standards set pursuant to sections 325(v)
through (y).
SEC. 926. ENERGY STAR PROGRAM.
The Energy Policy and Conservation Act (42 U.S.C. 6201 and following) is
amended by inserting after section 324 the following:
`ENERGY STAR PROGRAM.
`SEC. 324A. (a) IN GENERAL- There is established at the Department of
Energy and the Environmental Protection Agency a program to identify and
promote energy-efficient products and buildings in order to reduce energy
consumption, improve energy security, and reduce pollution through labeling of
products and buildings that meet the highest energy efficiency standards.
Responsibilities under the program shall be divided between the Department of
Energy and the Environmental Protection Agency consistent with the terms of
agreements between the two agencies. The Administrator and the Secretary
shall--
`(1) promote Energy Star compliant technologies as the preferred
technologies in the markeplace for achieving energy efficiency and to reduce
pollution;
`(2) work to enhance public awareness of the Energy Star label;
`(3) preserve the integrity of the Energy Star label; and
`(4) solicit the comments of interested parties in establishing a new
Energy Star product category or in revising a product category, and upon
adoption of a new or revised product category provide an explanation of the
decision that responds to significant public comments.'.
SEC. 927. ENERGY CONSERVATION STANDARDS FOR CENTRAL AIR CONDITIONERS AND
HEAT PUMPS.
Section 325(d) of the Energy Policy and Conservation Act (42 U.S.C.
6295(d)) is amended to read as follows:
`(1) The seasonal energy efficiency ratio of central air conditioners
and central air conditioning heat pumps manufactured on or after January 23,
2006 shall be no less than 13.0.
`(2) The heating seasonal performance factor of central air conditioning
heat pumps manufactured on or after January 23, 2006 shall be no less than
7.7.
`(3) This subsection shall not apply to a central air conditioner or
heat pump that--
`(A) has a rated cooling capacity equal to or less than 30,000 Btu per
hour;
`(B) has an outdoor or indoor unit having at least two overall
exterior dimensions or an overall displacement that--
`(i) is substantially smaller than those of other units that are
currently installed in site-built single family homes, and of a similar
cooling or heating capacity, and
`(ii) if increased would result in a significant increase in the
cost of installation or would result in a significant loss in the
utility of the product to the consumer; and
`(3) is of a product type that was available for purchase in the United
States as of December 1, 2000.'.
SEC. 928. ENERGY CONSERVATION STANDARDS FOR ADDITIONAL CONSUMER AND
COMMERCIAL PRODUCTS.
Section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295) is
amended by adding at the end the following:
`(u) STANDBY MODE ELECTRIC ENERGY CONSUMPTION-
`(A) The Secretary shall, within 18 months after the date of enactment
of this subsection, prescribe by notice and comment, definitions of
standby mode and test procedures for the standby mode power use of battery
chargers and external power supplies. In establishing these test
procedures, the Secretary shall consider, among other factors, existing
test procedures used for measuring energy consumption in standby mode and
assess the current and projected future market for battery chargers and
external power supplies. This assessment shall include estimates of the
significance of potential energy savings from technical improvements to
these products and suggested product classes for standards. Prior to the
end of this time period, the Secretary shall hold a scoping workshop to
discuss and receive comments on plans for developing energy conservation
standards for standby mode energy use for these products.
`(B) The Secretary shall, within 3 years after the date of enactment
of this subsection, issue a final rule that determines whether energy
conservation standards shall be promulgated for battery chargers and
external power supplies or classes thereof. For each product class, any
such standards shall be set at the lowest level of standby energy use
that--
(i) meets the criteria of subsections (o), (p), (q), (r), (s) and
(t); and
(ii) will result in significant overall annual energy savings,
considering both standby mode and other operating modes.
`(2) DESIGNATION OF ADDITIONAL COVERED PRODUCTS-
`(A) Not later than 180 days after the date of enactment of this
subsection, the Secretary shall publish for public comment and public
hearing a notice to determine whether any noncovered products should be
designated as covered products for the purpose of instituting a rulemaking
under this section to determine whether an energy conservation standard
restricting standby mode energy consumption, should be promulgated;
providing that any restriction on standby mode energy consumption shall be
limited to major sources of such consumption.
`(B) In making the determinations pursuant to subparagraph (A) of
whether to designate new covered products and institute rulemakings, the
Secretary shall, among other relevant factors and in addition to the
criteria in section 322(b), consider--
`(i) standby mode power consumption compared to overall product
energy consumption; and
`(ii) the priority and energy savings potential of standards which
may be promulgated under this subsection compared to other required
rulemakings under this section and the available resources of the
Department to conduct such rulemakings.
`(C) Not later than one year after the date of enactment of this
subsection, the Secretary shall issue a determination of any new covered
products for which he intends to institute rulemakings on standby mode
pursuant to this section and he shall state the dates by which he intends
to initiate those rulemakings.
`(3) REVIEW OF STANDBY ENERGY USE IN COVERED PRODUCTS- In determining
pursuant to section 323 whether test procedures and energy conservation
standards pursuant to section 325 should be revised, the Secretary shall
consider for covered products which are major sources of standby mode energy
consumption whether to incorporate standby mode into such test procedures
and energy conservation standards, taking into account, among other relevant
factors, the criteria for non-covered products in subparagraph (B) of this
subsection.
`(4) RULEMAKING FOR STANDBY MODE-
`(A) Any rulemaking instituted under this subsection or for covered
products under this section which restricts standby mode power consumption
shall be subject to the criteria and procedures for issuing energy
conservation standards set forth in section 325 and the criteria set forth
in paragraph 2(B) of this subsection.
`(B) No standard can be proposed for new covered products or covered
products in a standby mode unless the Secretary has promulgated applicable
test procedures for each product pursuant to section 323.
`(C) The provisions of section 327 shall apply to new covered products
which are subject to the rulemakings for standby mode after a final rule
has been issued.
(5) EFFECTIVE DATE- Any standard promulgated under this subsection shall
be applicable to products manufactured or imported three years after the
date of promulgation.
(6) VOLUNTARY PROGRAMS TO REDUCE STANDBY MODE ENERGY USE- The Secretary
and the Administrator shall collaborate and develop programs, including
programs pursuant to section 324A and other voluntary industry agreements or
codes of conduct, which are designed to reduce standby mode energy
use.
`(v) SUSPENDED CEILING FANS, VENDING MACHINES, UNIT HEATERS, AND
COMMERCIAL REFRIGERATORS, FREEZERS AND REFRIGERATOR-FREEZERS- The Secretary
shall within 24 months after the date on which testing requirements are
prescribed by the Secretary pursuant to section 323(f), prescribe, by rule,
energy conservation standards for suspended ceiling fans, refrigerated bottled
or canned beverage vending machines, unit heaters, and commercial
refrigerators, freezers and refrigerator-freezers. In establishing standards
under this subsection, the Secretary shall use the criteria and procedures
contained in subsections (l) and (m). Any standard prescribed under this
subsection shall apply to products manufactured 3 years after the date of
publication of a final rule establishing such standard.
`(w) ILLUMINATED EXIT SIGNS- Within 18 months after the date of enactment
of this subsection, the Secretary shall prescribe energy conservation
standards for illuminated exit signs in accordance with subsections (l) and
(m) and the Energy Star Program requirements for exit signs prescribed by the
Environmental Protection Agency as in effect on the date of enactment of this
subsection.
`(x) TORCHIERES- Torchieres manufactured on or after January 1, 2005--
`(1) shall consume not more than 190 watts of power; and
`(2) shall not be capable of operating with lamps that total more than
190 watts.
`(y) LOW VOLTAGE DRY-TYPE TRANSFORMERS- The efficiency of low voltage
dry-type transformers manufactured on or after January 1, 2005 shall be the
Class I Efficiency Levels for low voltage dry-type transformers specified in
Table 4-2 of the `Guide for Determining Energy Efficiency for Distribution
Transformers' published by the National Electrical Manufacturers Association
(NEMA TP-1-1996), as in effect on the date of enactment of this subsection.
SEC. 929. CONSUMER EDUCATION ON ENERGY EFFICIENCY BENEFITS OF AIR
CONDITIONING, HEATING, AND VENTILATION MAINTENANCE.
Section 337 of the Energy Policy and Conservation Act (42 U.S.C. 6307) is
amended by adding at the end the following:
`(c) HVAC MAINTENANCE- (1) For the purpose of ensuring that installed air
conditioning and heating systems operate at their maximum rated efficiency
levels, the Secretary shall, within 180 days of the date of enactment of this
subsection, carry out a program to educate homeowners and small business
owners concerning the energy savings resulting from properly conducted
maintenance of air conditioning, heating, and ventilating systems.
`(2) The Secretary may carry out the program in cooperation with industry
trade associations, industry members, and energy efficiency
organizations.'.
Subtitle D--Housing Efficiency
SEC. 931. CAPACITY BUILDING FOR ENERGY EFFICIENT, AFFORDABLE HOUSING.
Section 4(b) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note) is
amended--
(1) in paragraph (1), by inserting before the semicolon at the end the
following: `, including capabilities regarding the provision of energy
efficient, affordable housing and residential energy conservation measures';
and
(2) in paragraph (2), by inserting before the semicolon the following:
`, including such activities relating to the provision of energy efficient,
affordable housing and residential energy conservation measures that benefit
low-income families'.
SEC. 932. INCREASE OF CDBG PUBLIC SERVICES CAP FOR ENERGY CONSERVATION AND
EFFICIENCY ACTIVITIES.
Section 105(a)(8) of the Housing and Community Development Act of 1974 (42
U.S.C. 5305(a)(8)) is amended--
(1) by inserting `or efficiency' after `energy conservation';
(2) by striking `, and except that' and inserting `; except that';
and
(3) by inserting before the period at the end the following: `; and
except that each percentage limitation under this paragraph on the amount of
assistance provided under this title that may be used for the provision of
public services is hereby increased by 10 percent, but such percentage
increase may be used only for the provision of public services concerning
energy conservation or efficiency'.
SEC. 933. FHA MORTGAGE INSURANCE INCENTIVES FOR ENERGY EFFICIENT
HOUSING.
(a) SINGLE FAMILY HOUSING MORTGAGE INSURANCE- Section 203(b)(2) of the
National Housing Act (12 U.S.C. 1709(b)(2)) is amended, in the first
undesignated paragraph beginning after subparagraph (B)(iii) (relating to
solar energy systems)--
(1) by inserting `or paragraph (10)'; and
(2) by striking `20 percent' and inserting `30 percent'.
(b) MULTIFAMILY HOUSING MORTGAGE INSURANCE- Section 207(c) of the National
Housing Act (12 U.S.C. 1713(c)) is amended, in the second undesignated
paragraph beginning after paragraph (3) (relating to solar energy systems and
residential energy conservation measures), by striking `20 percent' and
inserting `30 percent'.
(c) COOPERATIVE HOUSING MORTGAGE INSURANCE- Section 213(p) of the National
Housing Act (12 U.S.C. 1715e(p)) is amended by striking `20 per centum' and
inserting `30 percent'.
(d) REHABILITATION AND NEIGHBORHOOD CONSERVATION HOUSING MORTGAGE
INSURANCE- Section 220(d)(3)(B)(iii) of the National Housing Act (12 U.S.C.
1715k(d)(3)(B)(iii)) is amended by striking `20 per centum' and inserting `30
percent'.
(e) LOW-INCOME MULTIFAMILY HOUSING MORTGAGE INSURANCE- Section 221(k) of
the National Housing Act (12 U.S.C. 1715l(k)) is amended by striking `20 per
centum' and inserting `30 percent'.
(f) ELDERLY HOUSING MORTGAGE INSURANCE- The proviso at the end of section
213(c)(2) of the National Housing Act (12 U.S.C. 1715v(c)(2)) is amended by
striking `20 per centum' and inserting `30 percent'.
(g) CONDOMINIUM HOUSING MORTGAGE INSURANCE- Section 234(j) of the National
Housing Act (12 U.S.C. 1715y(j)) is amended by striking `20 per centum' and
inserting `30 percent'.
SEC. 934. PUBLIC HOUSING CAPITAL FUND.
Section 9(d)(1) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d)(1)) is amended--
(1) in subparagraph (I), by striking `and' at the end;
(2) in subparagraph (K), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following new subparagraph:
`(L) improvement of energy and water-use efficiency by installing
fixtures and fittings that conform to the American Society of Mechanical
Engineers/American National Standards Institute standards A112.19.2-1998
and A112.18.1-2000, or any revision thereto, applicable at the time of
installation, and
by increasing energy efficiency and water conservation by such other means as
the Secretary determines are appropriate.'.
SEC. 935. GRANTS FOR ENERGY-CONSERVING IMPROVEMENTS FOR ASSISTED
HOUSING.
Section 251(b)(1) of the National Energy Conservation Policy Act (42
U.S.C. 8231(1)) is amended--
(1) by striking `financed with loans' and inserting `assisted';
(2) by inserting after `1959,' the following: `which are eligible
multifamily housing projects (as such term is defined in section 512 of the
Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.
1437f note) and are subject to a mortgage restructuring and rental
assistance sufficiency plans under such Act,'; and
(3) by inserting after the period at the end of the first sentence the
following new sentence: `Such improvements may also include the installation
of energy and water conserving fixtures and fittings that conform to the
American Society of Mechanical Engineers/American National Standards
Institute standards A112.19.2-1998 and A112.18.1-2000, or any revision
thereto, applicable at the time of installation.'.
SEC. 936. NORTH AMERICAN DEVELOPMENT BANK.
Part 2 of subtitle D of title V of the North American Free Trade Agreement
Implementation Act (22 U.S.C. 290m-290m-3) is amended by adding at the end the
following:
`SEC. 545. SUPPORT FOR CERTAIN ENERGY POLICIES.
`Consistent with the focus of the Bank's Charter on environmental
infrastructure projects, the Board members representing the United States
should use their voice and vote to encourage the Bank to finance projects
related to clean and efficient energy, including energy conservation, that
prevent, control, or reduce environmental pollutants or contaminants.'.
DIVISION D--INTEGRATION OF ENERGY POLICY AND CLIMATE CHANGE
POLICY
TITLE X--CLIMATE CHANGE POLICY FORMULATION
Subtitle A--Global Warming
SEC. 1001. SENSE OF CONGRESS ON GLOBAL WARMING.
(a) FINDINGS- The Congress makes the following findings:
(1) Evidence continues to build that increases in atmospheric
concentrations of man-made greenhouse gases are contributing to global
climate change.
(2) The Intergovernmental Panel on Climate Change (IPCC) has concluded
that `there is new and stronger evidence that most of the warming observed
over the last 50 years is attributable to human activities' and that the
Earth's average temperature can be expected to rise between 2.5 and 10.4
degrees Fahrenheit in this century.
(3) The National Academy of Sciences confirmed the findings of the IPCC,
stating that `the IPCC's conclusion that most of the observed warming of the
last 50 years is likely to have been due to the increase of greenhouse gas
concentrations accurately reflects the current thinking of the scientific
community on this issue' and that `there is general agreement that the
observed warming is real and particularly strong within the past twenty
years'.
(4) The IPCC has stated that in the last 40 years, the global average
sea level has risen, ocean heat content has increased, and snow cover and
ice extent have decreased, which threatens to inundate low-lying island
nations and coastal regions throughout the world.
(5) The Environmental Protection Agency has found that global warming
may harm the United States by altering crop yields, accelerating sea level
rise, and increasing the spread of tropical infectious diseases.
(6) In 1992, the United States ratified the United Nations Framework
Convention of Climate Change, done at New York on May 9, 1992, the ultimate
objective of which is the `stabilization of greenhouse gas concentrations in
the atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system', and which stated in part `the Parties
to the Convention are to implement policies with the aim of returning . . .
to their 1990 levels anthropogenic emissions of carbon dioxide and other
greenhouse gases.'
(7) There is a shared international responsibility to address this
problem, as industrial nations are the largest historic and current emitters
of greenhouse gases and developing nations' emissions will significantly
increase in the future.
(8) The United Nations Framework Convention on Climate Change further
states that `developed country Parties should take the lead in combating
climate change and the adverse effects thereof', as these nations are the
largest historic and current emitters of greenhouse gases.
(9) Senate Resolution 98 of July 1997, which expressed that developing
nations, especially the largest emitters, must also be included in any
future, binding climate change treaty and such a treaty must not result in
serious harm to the United States economy, should not cause the United
States to abandon its shared responsibility to help find a solution to the
global climate change dilemma.
(10) American businesses need to know how governments worldwide will
respond to the threat of global warming.
(11) The United States has benefitted and will continue to benefit from
investments in the research, development and deployment of a range of clean
energy and efficiency technologies that can mitigate global warming and that
can make the United States economy more productive, bolster energy security,
create jobs, and protect the environment.
(b) SENSE OF CONGRESS- It is the sense of the United States Congress that
the United States should demonstrate international leadership and
responsibility in mitigating the health, environmental, and economic threats
posed by global warming by:
(1) taking responsible action to ensure significant and meaningful
reductions in emissions of greenhouse gases from all sectors;
(2) creating flexible international and domestic mechanisms, including
joint implementation, technology deployment, emissions trading and carbon
sequestration projects that will reduce, avoid, and sequester greenhouse gas
emissions; and
(3) participating in international negotiations, including putting forth
a proposal at the next meeting of the Conference of the Parties, with the
objective of securing United States' participation in a revised Kyoto
Protocol or other future binding climate change agreements in a manner that
is consistent with the environmental objectives of the Framework Convention
on Climate Change, that protects the economic interests of the United
States, and recognizes the shared international responsibility for
addressing climate change, including developing country participation.
Subtitle B--Climate Change Strategy
SEC. 1011. SHORT TITLE.
This title may be cited as the `Climate Change Strategy and Technology
Innovation Act of 2002'.
SEC. 1012. FINDINGS.
(1) evidence continues to build that increases in atmospheric
concentrations of greenhouse gases are contributing to global climate
change;
(2) in 1992, the Senate ratified the United Nations Framework Convention
on Climate Change, done at New York on May 9, 1992, the ultimate objective
of which is the `stabilization of greenhouse gas concentrations in the
atmosphere at a level that would prevent dangerous anthropogenic
interference with the climate system';
(3) although science currently cannot determine precisely what
atmospheric concentrations are `dangerous', the current trajectory of
greenhouse gas emissions will
lead to a continued rise in greenhouse gas concentrations in the atmosphere,
not stabilization;
(4) the remaining scientific uncertainties call for temperance of human
actions, but not inaction;
(5) greenhouse gases are associated with a wide range of human
activities, including energy production, transportation, agriculture,
forestry, manufacturing, buildings, and other activities;
(6) the economic consequences of poorly designed climate change response
strategies, or of inaction, may cost the global economy trillions of
dollars;
(7) a large share of this economic burden would be borne by the United
States;
(8) stabilization of greenhouse gas concentrations in the atmosphere
will require transformational change in the global energy system and other
emitting sectors at an almost unimaginable level--a veritable industrial
revolution is required;
(9) such a revolution can occur only if the revolution is preceded by
research and development that leads to bold technological
breakthroughs;
(10) over the decade preceding the date of enactment of this Act--
(A) energy research and development budgets in the public and private
sectors have declined precipitously and have not been focused on the
climate change response challenge; and
(B) the investments that have been made have not been guided by a
comprehensive strategy;
(11) the negative trends in research and development funding described
in paragraph (10) must be reversed with a focus on not only traditional
energy research and development, but also bolder, breakthrough
research;
(12) much more progress could be made on the issue of climate change if
the United States were to adopt a new approach for addressing climate change
that included, as an ultimate long-term goal--
(A) stabilization of greenhouse gas concentrations in the atmosphere
at a level that would prevent dangerous anthropogenic interference with
the climate system; and
(B) a response strategy with 4 key elements consisting of--
(i) definition of interim emission mitigation targets coupled with
specific mitigation approaches that cumulatively yield stabilized
atmospheric greenhouse gas concentrations;
(ii) a national commitment--
(I) to double energy research and development by the United States
public and private sectors; and
(II) in carrying out such research and development, to provide a
high degree of emphasis on bold, breakthrough technologies that will
make possible a profound transformation of the energy, transportation,
industrial, agricultural, and building sectors of the United
States;
(iii) climate adaptation research that focuses on response actions
necessary to adapt to climate change that may have occurred or may occur
under any future climate change scenario; and
(iv) continued research, building on the substantial scientific
understanding of climate change that exists as of the date of enactment
of this Act, that focuses on resolving the remaining scientific,
technical, and economic uncertainties, to aid in the development of
sound response strategies; and
(13) inherent in each of the 4 key elements of the response strategy is
consideration of the international nature of the challenge, which will
require--
(A) establishment of joint climate response strategies and joint
research programs;
(B) assistance to developing countries and countries in transition for
building technical and institutional capacities and incentives for
addressing the challenge; and
(C) promotion of public awareness of the issue.
SEC. 1013. PURPOSE.
The purpose of this title is to implement the new approach described in
section 1012(12) by developing a national focal point for climate change
response through--
(1) the establishment of the National Office of Climate Change Response
within the Executive Office of the President to develop the United States
Climate Change Response Strategy that--
(A) incorporates the 4 key elements of that new approach;
(B) is supportive of and integrated in the overall energy,
transportation, industrial, agricultural, forestry, and environmental
policies of the United States;
(i) the diversity of energy sources and technologies;
(ii) supply-side and demand-side solutions; and
(iii) national infrastructure, energy distribution, and
transportation systems;
(D) provides for the inclusion and equitable participation of Federal,
State, tribal, and local government agencies, nongovernmental
organizations, academia, scientific bodies, industry, the public, and
other interested parties;
(E) incorporates new models of Federal-State cooperation;
(F) defines a comprehensive energy technology research and development
program that--
(i) recognizes the important contributions that research and
development programs in existence on the date of enactment of this title
make toward addressing the climate change response challenge;
and
(ii) includes an additional research and development agenda that
focuses on the bold, breakthrough technologies that are critical to the
long-term stabilization of greenhouse gas concentrations in the
atmosphere;
(G) includes consideration of other efforts to address critical
environmental and health concerns, including clean air, clean water, and
responsible land use policies; and
(H) incorporates initiatives to promote the deployment of clean energy
technologies developed in the United States and abroad;
(2) the establishment of the Interagency Task Force, chaired by the
Director of the White House Office, to serve as the primary mechanism
through which the heads of Federal agencies work together to develop and
implement the Strategy;
(3) the establishment of the Office of Climate Change Technology within
the Department of Energy--
(A) to manage, as its primary responsibility, an innovative research
and development program that focuses on the bold, breakthrough
technologies that are critical to the long-term stabilization of
greenhouse gas concentrations in the atmosphere; and
(B) to provide analytical support and data to the White House Office,
other agencies, and the public;
(4) the establishment of an independent review board--
(A) to review the Strategy and annually assess United States and
international progress toward the goal of stabilization of greenhouse gas
concentrations in the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system; and
(i) the performance of each Federal agency that has responsibilities
under the Strategy; and
(ii) the adequacy of the budget of each such Federal agency to
fulfill the responsibilities of the Federal agency under the Strategy;
and
(5) the establishment of offices in, or the carrying out of activities
by, the Department of Agriculture, the Department of Transportation, the
Department of Commerce, the Environmental Protection Agency, and other
Federal agencies as necessary to carry out this title.
SEC. 1014. DEFINITIONS.
(1) CLIMATE-FRIENDLY TECHNOLOGY- The term `climate-friendly technology'
means any energy supply or end-use technology that, over the life of the
technology and compared to similar technology in commercial use as of the
date of enactment of this Act--
(A) results in reduced emissions of greenhouse gases;
(B) may substantially lower emissions of other pollutants;
and
(C) may generate substantially smaller or less hazardous quantities of
solid or liquid waste.
(2) DEPARTMENT- The term `Department' means the Department of
Energy.
(3) DEPARTMENT OFFICE- The term `Department Office' means the Office of
Climate Change Technology of the Department established by section
1017(a).
(4) FEDERAL AGENCY- The term `Federal agency' has the meaning given the
term `agency' in section 551 of title 5, United States Code.
(5) GREENHOUSE GAS- The term `greenhouse gas' means--
(A) an anthropogenic gaseous constituent of the atmosphere (including
carbon dioxide, methane, nitrous oxide, chlorofluorocarbons,
hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and
tropospheric ozone) that absorbs and re-emits infrared radiation and
influences climate; and
(B) an anthropogenic aerosol (such as black soot) that absorbs solar
radiation and influences climate.
(6) INTERAGENCY TASK FORCE- The term `Interagency Task Force' means the
United States Climate Change Response Interagency Task Force established
under section 1016(d).
(7) KEY ELEMENT- The term `key element', with respect to the Strategy,
means--
(A) definition of interim emission mitigation targets coupled with
specific mitigation approaches that cumulatively result in stabilization
of greenhouse gas concentrations;
(B) a national commitment--
(i) to double energy research and development by the United States
public and private sectors; and
(ii) in carrying out such research and development, to provide a
high degree of emphasis on bold, breakthrough technologies that will
make possible a profound transformation of the energy, transportation,
industrial, agricultural, and building sectors of the United
States;
(C) climate adaptation research that focuses on response actions
necessary to adapt to climate change that may have occurred or may occur
under any future climate change scenario; and
(D) research that focuses on resolving the remaining scientific,
technical, and economic uncertainties associated with climate change to
the extent that those uncertainties bear on strategies to achieve the
long-term goal of stabilization of greenhouse gas concentrations.
(8) Qualified individual-
(A) IN GENERAL- The term `qualified individual' means an individual
who has demonstrated expertise and leadership skills to draw on other
experts in diverse fields of knowledge that are relevant to addressing the
climate change response challenge.
(B) FIELDS OF KNOWLEDGE- The fields of knowledge referred to in
subparagraph (A) are--
(i) the science of primary and secondary climate change
impacts;
(ii) energy and environmental economics;
(iii) technology transfer and diffusion;
(iv) the social dimensions of climate change;
(v) climate change adaptation strategies;
(vi) fossil, nuclear, and renewable energy technology;
(vii) energy efficiency and energy conservation;
(viii) energy systems integration;
(ix) engineered and terrestrial carbon sequestration;
(x) transportation, industrial, and building sector
concerns;
(xi) regulatory and market-based mechanisms for addressing climate
change;
(xii) risk and decision analysis;
(xiii) strategic planning; and
(xiv) the international implications of climate change response
strategies.
(9) REVIEW BOARD- The term `Review Board' means the United States
Climate Change Response Strategy Review Board established by section
1019.
(10) SECRETARY- The term `Secretary' means the Secretary of
Energy.
(11) STABILIZATION OF GREENHOUSE GAS CONCENTRATIONS- The term
`stabilization of greenhouse gas concentrations' means the stabilization of
greenhouse gas concentrations in the atmosphere at a level that would
prevent dangerous anthropogenic interference with the climate system, as
contemplated by the United Nations Framework Convention on Climate Change,
done at New York on May 9, 1992.
(12) STRATEGY- The term `Strategy' means the United States Climate
Change Response Strategy developed under section 1015.
(13) WHITE HOUSE OFFICE- The term `White House Office' means the
National Office of Climate Change Response of the Executive Office of the
President established by section 1016(a).
SEC. 1015. UNITED STATES CLIMATE CHANGE RESPONSE STRATEGY.
(a) IN GENERAL- The Director of the White House Office shall develop the
United States Climate Change Response Strategy, which shall--
(1) have the long-term goal of stabilization of greenhouse gas
concentrations;
(2) build on the 4 key elements;
(3) be developed on the basis of an examination of a broad range of
emission reduction targets and implementation dates (including those
contemplated by the United Nations Framework Convention on Climate Change,
done at New York on May 9, 1992) that culminate in the stabilization of
greenhouse gas concentrations;
(4) incorporate mitigation approaches to reduce, avoid, and sequester
greenhouse gas emissions;
(5) include an evaluation of whether and how each emission reduction
target and implementation date achieves the emission reductions in an
economically and environmentally sound manner;
(6) be consistent with the goals of energy, transportation, industrial,
agricultural, forestry, environmental, and other relevant policies of the
United States;
(7) have a scope that considers the totality of United States public,
private, and public-private sector actions that bear on the long-term
goal;
(8) be based on an evaluation of a wide range of approaches for
achieving the long-term goal, including evaluation of--
(A) a variety of cost-effective Federal and State policies, programs,
standards, and incentives;
(B) policies that integrate and promote innovative, market-based
solutions in the United States and in foreign countries; and
(C) participation in other international institutions, or in the
support of international activities, that are established or conducted to
facilitate stabilization of greenhouse gas concentrations;
(9) in the final recommendations of the Strategy, emphasize response
strategies that achieve the long-term goal and provide specific
recommendations concerning--
(A) measures determined to be appropriate for short-term
implementation, giving preference to cost-effective and technologically
feasible measures that will--
(i) produce measurable net reductions in United States emissions
that lead toward achievement of the long-term goal; and
(ii) minimize any adverse short-term and long-term economic and
social impacts on the United States;
(B) the development of technologies that have the potential for
long-term implementation--
(i) giving preference to technologies that have the potential to
reduce significantly the overall cost of stabilization of greenhouse gas
concentrations; and
(ii) considering a full range of energy sources, energy conversion
and use technologies, and efficiency options;
(C) such changes in institutional and technology systems as are
necessary to adapt to climate change in the short-term and the
long-term;
(D) such review, modification, and enhancement of the scientific,
technical, and economic research efforts of the United States, and
improvements to the data resulting from research, as are appropriate to
improve the accuracy of predictions concerning climate change and the
economic and social costs and opportunities relating to climate change;
and
(E) changes that should be made to project and grant evaluation
criteria under other Federal research and development programs so that
those criteria do not inhibit development of climate-friendly
technologies;
(10) be developed in a manner that provides for meaningful participation
by, and consultation among, Federal, State, tribal, and local government
agencies, nongovernmental organizations, academia, scientific bodies,
industry, the public, and other interested parties in accordance with
subsections (b)(4)(C)(iv)(II) and (d)(3)(B)(iii) of section 1016;
(11) address how the United States should engage State, tribal, and
local governments in developing and carrying out a response to climate
change;
(12) promote, to the maximum extent practicable, public awareness,
outreach, and information-sharing to further the understanding of the full
range of climate change-related issues;
(13) provide a detailed explanation of how the measures recommended by
the Strategy will ensure that they do not result in serious harm to the
economy of the United States;
(14) provide a detailed explanation of how the measures recommended by
the Strategy will achieve the long-term goal of stabilization of greenhouse
gas concentrations;
(15) include any recommendations for legislative and administrative
actions necessary to implement the Strategy;
(16) serve as a framework for climate change response actions by all
Federal agencies;
(17) recommend which Federal agencies are, or should be, responsible for
the various aspects of implementation of the Strategy and any budgetary
implications;
(18) address how the United States should engage foreign governments in
developing an international response to climate change; and
(19) be subject to review by an independent review board in accordance
with section 1019.
(b) SUBMISSION TO CONGRESS- Not later than 1 year after the date of
enactment of this title, the President shall submit to Congress the
Strategy.
(c) UPDATING- Not later than 2 years after the date of submission of the
Strategy to Congress under subsection (b), and at the end of each 2-year
period thereafter, the President shall submit to Congress an updated version
of the Strategy.
(d) PROGRESS REPORTS- Not later than 1 year after the date of submission
of the Strategy to Congress under subsection (b), and at the end of each
1-year period thereafter, the President shall submit to Congress a report
that--
(1) describes the progress on implementation of the Strategy; and
(2) provides recommendations for improvement of the Strategy and the
implementation of the Strategy.
(e) ALIGNMENT WITH ENERGY, TRANSPORTATION, INDUSTRIAL, AGRICULTURAL,
FORESTRY, AND OTHER POLICIES- The President, the Director of the White House
Office, the Secretary, and the other members of the Interagency Task Force
shall work together to align the actions carried out under the Strategy and
actions associated with the energy, transportation, industrial, agricultural,
forestry, and other relevant policies of the United States so that the
objectives of both the Strategy and the policies are met without compromising
the climate change-related goals of the Strategy or the goals of the
policies.
SEC. 1016. NATIONAL OFFICE OF CLIMATE CHANGE RESPONSE OF THE EXECUTIVE
OFFICE OF THE PRESIDENT.
(1) IN GENERAL- There is established, within the Executive Office of the
President, the National Office of Climate Change Response.
(2) FOCUS- The White House Office shall have the focus of achieving the
long-term goal of stabilization of greenhouse gas concentrations while
minimizing adverse short-term and long-term economic and social
impacts.
(3) DUTIES- Consistent with paragraph (2), the White House Office
shall--
(A) establish policies, objectives, and priorities for the
Strategy;
(B) in accordance with subsection (d), establish the Interagency Task
Force to serve as the primary mechanism through which the heads of Federal
agencies shall assist the Director of the White House Office in developing
and implementing the Strategy;
(C) to the maximum extent practicable, ensure that the Strategy is
based on objective, quantitative analysis, drawing on the analytical
capabilities of Federal and State agencies, especially the
Center;
(D) advise the President concerning necessary changes in organization,
management, budgeting, and personnel allocation of Federal agencies
involved in climate change response activities; and
(E) advise the President and notify a Federal agency if the policies
and discretionary programs of the agency are not well aligned with, or are
not contributing effectively to, the long-term goal of stabilization of
greenhouse gas concentrations.
(b) DIRECTOR OF THE WHITE HOUSE OFFICE-
(1) IN GENERAL- The White House Office shall be headed by a Director,
who shall report directly to the President.
(2) APPOINTMENT- The Director of the White House Office shall be a
qualified individual appointed by the President, by and with the advice and
consent of the Senate.
(3) Duties of the director of the white house office-
(A) STRATEGY- In accordance with section 1015, the Director of the
White House Office shall coordinate the development and updating of the
Strategy.
(B) INTERAGENCY TASK FORCE- The Director of the White House Office
shall serve as Chairperson of the Interagency Task Force.
(i) CLIMATE, ENERGY, TRANSPORTATION, INDUSTRIAL, AGRICULTURAL,
BUILDING, FORESTRY, AND OTHER PROGRAMS- The Director of the White House
Office, using an integrated perspective considering the totality of
actions in the United States, shall advise the President and the heads
of Federal agencies on--
(I) the extent to which United States energy, transportation,
industrial, agricultural, forestry, building, and other relevant
programs are capable of producing progress on the long-term goal of
stabilization of greenhouse gas concentrations; and
(II) the extent to which proposed or newly created energy,
transportation, industrial, agricultural, forestry, building, and
other relevant
programs positively or negatively affect the ability of the United States to
achieve the long-term goal of stabilization of greenhouse gas concentrations.
(ii) TAX, TRADE, AND FOREIGN POLICIES- The Director of the White
House Office, using an integrated perspective considering the totality
of actions in the United States, shall advise the President and the
heads of Federal agencies on--
(I) the extent to which the United States tax policy, trade
policy, and foreign policy are capable of producing progress on the
long-term goal of stabilization of greenhouse gas concentrations;
and
(II) the extent to which proposed or newly created tax policy,
trade policy, and foreign policy positively or negatively affect the
ability of the United States to achieve the long-term goal of
stabilization of greenhouse gas concentrations.
(iii) INTERNATIONAL TREATIES- The Secretary of State, acting in
conjunction with the Interagency Task Force and using the analytical
tools available to the White House Office, shall provide to the Director
of the White House Office an opinion that--
(I) specifies, to the maximum extent practicable, the economic and
environmental costs and benefits of any proposed international
treaties or components of treaties that have an influence on
greenhouse gas management; and
(II) assesses the extent to which the treaties advance the
long-term goal of stabilization of greenhouse gas concentrations,
while minimizing adverse short-term and long-term economic and social
impacts and considering other impacts.
(I) WITH MEMBERS OF INTERAGENCY TASK FORCE- To the extent
practicable and appropriate, the Director of the White House Office
shall consult with all members of the Interagency Task Force and other
interested parties before providing advice to the
President.
(II) WITH OTHER INTERESTED PARTIES- The Director of the White
House Office shall establish a process for obtaining the meaningful
participation of Federal, State, tribal, and local government
agencies, nongovernmental organizations, academia, scientific bodies,
industry, the public, and other interested parties in the formulation
of advice to be provided to the President.
(D) PUBLIC EDUCATION, AWARENESS, OUTREACH, AND INFORMATION-SHARING-
The Director of the White House Office, to the maximum extent practicable,
shall promote public awareness, outreach, and information-sharing to
further the understanding of the full range of climate change-related
issues.
(4) ANNUAL REPORTS- The Director of the White House Office, in
consultation with the Interagency Task Force and other interested parties,
shall prepare an annual report for submission by the President to Congress
that--
(A) assesses progress in implementation of the Strategy;
(B) assesses progress, in the United States and in foreign countries,
toward the long-term goal of stabilization of greenhouse gas
concentrations;
(C) assesses progress toward meeting climate change-related
international obligations;
(D) makes recommendations for actions by the Federal Government
designed to close any gap between progress-to-date and the measures that
are necessary to achieve the long-term goal of stabilization of greenhouse
gas concentrations; and
(E) addresses the totality of actions in the United States that relate
to the 4 key elements.
(5) ANALYSIS- During development of the Strategy, preparation of the
annual reports submitted under paragraph (5), and provision of advice to the
President and the heads of Federal agencies, the Director of the White House
Office shall place significant emphasis on the use of objective,
quantitative analysis, taking into consideration any uncertainties
associated with the analysis.
(1) IN GENERAL- The Director of the White House Office shall employ a
professional staff of not more than 25 individuals to carry out the duties
of the White House Office.
(2) INTERGOVERNMENTAL PERSONNEL AND FELLOWSHIPS- The Director of the
White House Office may use the authority provided by the Intergovernmental
Personnel Act of 1970 (42 U.S.C. 4701 et seq.) and subchapter VI of chapter
33 of title 5, United States Code, and fellowships, to obtain staff from
academia, scientific bodies, nonprofit organizations, and national
laboratories, for appointments of a limited term.
(d) INTERAGENCY TASK FORCE-
(1) IN GENERAL- The Director of the White House Office shall establish
the United States Climate Change Response Interagency Task Force.
(2) COMPOSITION- The Interagency Task Force shall be composed of--
(A) the Director of the White House Office, who shall serve as
Chairperson;
(B) the Secretary of State;
(D) the Secretary of Commerce;
(E) the Secretary of the Treasury;
(F) the Secretary of Transportation;
(G) the Secretary of Agriculture;
(H) the Administrator of the Environmental Protection Agency;
(I) the Administrator of the Agency for International
Development;
(J) the United States Trade Representative;
(K) the National Security Advisor;
(L) the Chairman of the Council of Economic Advisers;
(M) the Chairman of the Council on Environmental Quality;
(N) the Director of the Office of Science and Technology
Policy;
(O) the Chairperson of the Subcommittee on Global Change Research
(which performs the functions of the Committee on Earth and Environmental
Sciences established by section 102 of the Global Change Research Act of
1990 (15 U.S.C. 2932)); and
(P) the heads of such other Federal agencies as the Chairperson
determines should be members of the Interagency Task Force.
(A) IN GENERAL- The Interagency Task Force shall serve as the primary
forum through which the Federal agencies represented on the Interagency
Task Force jointly--
(i) assist the Director of the White House Office in developing and
updating the Strategy; and
(ii) assist the Director of the White House Office in preparing
annual reports under subsection (b)(5).
(B) REQUIRED ELEMENTS- In carrying out subparagraph (A), the
Interagency Task Force shall--
(i) take into account the long-term goal and other requirements of
the Strategy specified in section 1015(a);
(ii) consult with State, tribal, and local government agencies,
nongovernmental organizations, academia, scientific bodies, industry,
the public, and other interested parties; and
(iii) build consensus around a Strategy that is based on strong
scientific, technical, and economic analyses.
(4) WORKING GROUPS- The Chairperson of the Interagency Task Force may
establish such topical working groups as are necessary to carry out the duties
of the Interagency Task Force.
(e) PROVISION OF SUPPORT STAFF- In accordance with procedures established
by the Chairperson of the Interagency Task Force, the Federal agencies
represented on the Interagency Task Force shall provide staff from the
agencies to support information, data collection, and analyses required by the
Interagency Task Force.
(f) HEARINGS- On request of the Chairperson, the Interagency Task Force
may hold such hearings, meet and act at such times and places, take such
testimony, and receive such evidence as the Interagency Task Force considers
to be appropriate.
SEC. 1017. TECHNOLOGY INNOVATION PROGRAM IMPLEMENTED THROUGH THE OFFICE OF
CLIMATE CHANGE TECHNOLOGY OF THE DEPARTMENT OF ENERGY.
(a) Establishment of Office of Climate Change Technology of the Department
of Energy-
(1) IN GENERAL- There is established, within the Department, the Office
of Climate Change Technology.
(2) DUTIES- The Department Office shall--
(A) manage an energy technology research and development program that
directly supports the Strategy by--
(i) focusing on high-risk, bold, breakthrough technologies
that--
(I) have significant promise of contributing to the national
climate change policy of long-term stabilization of greenhouse gas
concentrations by--
(aa) mitigating the emissions of greenhouse gases;
(bb) removing and sequestering greenhouse gases from emission
streams; or
(cc) removing and sequestering greenhouse gases from the
atmosphere;
(II) are not being addressed significantly by other Federal
programs; and
(III) would represent a substantial advance beyond technology
available on the date of enactment of this title;
(ii) forging fundamentally new research and development partnerships
among various Department, other Federal, and State programs,
particularly between basic science and energy technology programs, in
cases in which such partnerships have significant potential to affect
the ability of the United States to achieve stabilization of greenhouse
gas concentrations at the lowest possible cost;
(iii) forging international research and development partnerships
that are in the interests of the United States and make progress on
stabilization of greenhouse gas concentrations;
(iv) making available, through monitoring, experimentation, and
analysis, data that are essential to proving the technical and economic
viability of technology central to addressing climate change;
and
(v) transitioning research and development programs to other program
offices of the Department once such a research and development program
crosses the threshold of high-risk research and moves into the realm of
more conventional technology development;
(B) prepare annual reports in accordance with subsection
(b)(6);
(C) identify the total contribution of all Department programs to
climate change response;
(D) provide substantial analytical support to the White House Office,
particularly support in the development of the Strategy and associated
progress reporting; and
(E) advise the Secretary on climate change-related issues, including
necessary changes in Department organization, management, budgeting, and
personnel allocation in the programs involved in climate change
response-related activities.
(b) Director of the Department Office-
(1) IN GENERAL- The Department Office shall be headed by a Director, who
shall report directly to the Secretary.
(2) APPOINTMENT- The Director of the Department Office shall be an
employee of the Federal Government who is a qualified individual appointed
by the President.
(3) TERM- The Director of the Department Office shall be appointed for a
term of 4 years.
(4) VACANCIES- A vacancy in the position of the Director of the
Department Office shall be filled in the same manner as the original
appointment was made.
(5) Duties of the director of the department office-
(A) TECHNOLOGY DEVELOPMENT- The Director of the Department Office
shall manage the energy technology research and development program
described in subsection (a)(2)(A).
(B) STRATEGY- The Director of the Department Office shall support
development of the Strategy through the provision of staff and analytical
support.
(C) INTERAGENCY TASK FORCE- Through active participation in the
Interagency Task Force, the Director of the Department Office
shall--
(i) based on the analytical capabilities of the Department Office,
share analyses of alternative climate change response strategies with
other members of the Interagency Task Force to assist all members in
understanding--
(I) the scale of the climate change response challenge;
and
(II) how the actions of the Federal agencies of the members
positively or negatively contribute to climate change solutions;
and
(ii) determine how the energy technology research and development
program described in subsection (a)(2)(A) can be designed for maximum
impact on the long-term goal of stabilization of greenhouse gas
concentrations.
(D) TOOLS, DATA, AND CAPABILITIES- The Director of the Department
Office shall foster the development of tools, data, and capabilities to
ensure that--
(i) the United States has a robust capability for evaluating
alternative climate change response scenarios; and
(ii) the Department Office provides long-term analytical continuity
during the terms of service of successive Presidents.
(E) ADVISORY DUTIES- The Director of the Department Office shall
advise the Secretary on all aspects of climate change response.
(6) ANNUAL REPORTS- The Director of the Department Office shall prepare
an annual report for submission by the Secretary to Congress and the White
House Office that--
(A) assesses progress toward meeting the goals of the energy
technology research and development program described in subsection
(a)(2)(A);
(B) assesses the activities of the Department Office;
(C) assesses the contributions of all energy technology research and
development programs of the Department (including science programs) to the
long-term goal and other requirements of the Strategy specified in section
1015(a); and
(D) makes recommendations for actions by the Department and other
Federal agencies to address the components of technology development that
are necessary to support the Strategy.
(7) ANALYSIS- During development of the Strategy, annual reports
submitted under paragraph (6), and advice to the Secretary, the Director of
the Department Office shall place significant emphasis on the use of
objective, quantitative analysis, taking into consideration any associated
uncertainties.
(c) STAFF- The Director of the Department Office shall employ a
professional staff of not more than 25 individuals to carry out the duties of
the Department Office.
(d) INTERGOVERNMENTAL PERSONNEL AND FELLOWSHIPS- The Department Office may
use the authority provided by the Intergovernmental Personnel Act of 1970 (42
U.S.C. 4701 et seq.), subchapter VI of chapter 33 of title 5, United States
Code, and other Departmental personnel authorities, to obtain staff from
academia, scientific bodies, nonprofit organizations, industry, and national
laboratories, for appointments of a limited term.
(e) RELATIONSHIP TO OTHER DEPARTMENT PROGRAMS- Each project carried out by
the Department Office shall be--
(1) initiated only after consultation with 1 or more other appropriate
program offices of the Department that support research and development in
areas relating to the project;
(2) managed by the Department Office; and
(3) in the case of a project that reaches a sufficient level of
maturity, with the concurrence of the Department Office and an appropriate
office described in paragraph (1), transferred to the appropriate office,
along with the funds necessary to continue the project to the point at which
non-Federal funding can provide substantial support for the project.
(f) Analysis of Strategic Climate Change Response-
(A) GOAL- The Department Office shall foster the development and
application of advanced computational tools, data, and capabilities that,
together with the capabilities of other federal agencies, support
integrated assessment of alternative climate change response scenarios and
implementation of the Strategy.
(B) PARTICIPATION AND SUPPORT- Projects supported by the Department
Office may include participation of, and be supported by, other Federal
agencies that have a role in the development, commercialization, or
transfer of energy, transportation, industrial, agricultural, forestry, or
other climate change-related technology.
(A) IN GENERAL- The Department Office shall--
(i) develop and maintain core analytical competencies and complex,
integrated computational modeling capabilities that, together with the
capabilities of other federal agencies, are necessary to support the
design and implementation of the Strategy; and
(ii) track United States and international progress toward the
long-term goal of stabilization of greenhouse gas
concentrations.
(B) INTERNATIONAL CARBON DIOXIDE SEQUESTRATION MONITORING AND DATA
PROGRAM- In consultation with Federal, State, academic, scientific,
private sector, nongovernmental, tribal, and international carbon capture
and sequestration technology programs, the Department Office shall design
and carry out an international carbon dioxide sequestration monitoring and
data program to collect, analyze, and make available the technical and
economic data to ascertain--
(i) whether engineered sequestration and terrestrial sequestration
will be acceptable technologies from regulatory, economic, and
international perspectives;
(ii) whether carbon dioxide sequestered in geological formations or
ocean systems is stable and has inconsequential leakage rates on a
geologic time-scale; and
(iii) the extent to which forest, agricultural, and other
terrestrial systems are suitable carbon sinks.
(A) IN GENERAL- The Department Office shall develop and maintain
expertise in integrated assessment, modeling, and related capabilities
necessary--
(i) to understand the relationship between natural, agricultural,
industrial, energy, and economic systems;
(ii) to design effective research and development programs;
and
(iii) to develop and implement the Strategy.
(B) TECHNOLOGY TRANSFER AND DIFFUSION- The expertise described in
clause (i) shall include knowledge of technology transfer and technology
diffusion in United States markets and foreign markets.
(4) DISSEMINATION OF INFORMATION- The Department Office shall ensure, to
the maximum extent practicable, that technical and scientific knowledge
relating to greenhouse gas emission reduction, avoidance, and sequestration
is broadly disseminated through publications, fellowships, and training
programs.
(5) ASSESSMENTS- In a manner consistent with the Strategy, the
Department shall conduct assessments of deployment of climate-friendly
technology.
(6) Use of private sector funding-
(A) IN GENERAL- The Department Office shall create an operating model
that allows for collaboration, division of effort, and cost sharing with
industry on individual climate change response projects.
(B) REQUIREMENTS- Although cost sharing in some cases may be
appropriate, the Department Office shall focus on long-term high-risk
research and development and should not make industrial partnerships or
cost sharing a requirement, if such a requirement would bias the
activities of the Department Office toward incremental
innovations.
(C) REEVALUATION ON TRANSITION- At such time as any bold, breakthrough
research and development program reaches a sufficient level of
technological maturity such that the program is transitioned to a program
office of the Department other than the Department Office, the
cost-sharing requirements and criteria applicable to the program should be
reevaluated.
(D) PUBLICATION IN FEDERAL REGISTER- Each cost-sharing agreement
entered into under this subparagraph shall be published in the Federal
Register.
SEC. 1018. ADDITIONAL OFFICES AND ACTIVITIES.
The Secretary of Agriculture, the Secretary of Transportation, the
Secretary of Commerce, the Administrator of the Environmental Protection
Agency, and the heads of other Federal agencies may establish such offices and
carry out such activities, in addition to those established or authorized by
this Act, as are necessary to carry out this Act.
SEC. 1019. UNITED STATES CLIMATE CHANGE RESPONSE STRATEGY REVIEW BOARD.
(a) ESTABLISHMENT- There is established as an independent establishment
within the executive branch the United States Climate Change Response Strategy
Review Board.
(1) COMPOSITION- The Review Board shall consist of 11 members who shall
be appointed, not later than 90 days after the date of enactment of this
Act, by the President by and with the advice and consent of the Senate, from
among qualified individuals nominated by the National Academy of Sciences in
accordance with paragraph (2).
(2) NOMINATIONS- Not later than 60 days after the date of enactment of
this Act, after taking into strong consideration the guidance and
recommendations of a broad range of scientific and technical societies that
have the capability of recommending qualified individuals, the National
Academy of Sciences shall nominate for appointment to the Review Board not
fewer than 22 individuals who--
(i) qualified individuals; or
(ii) experts in a field of knowledge specified in section
1014(9)(B); and
(B) as a group represent broad, balanced expertise.
(3) PROHIBITION ON FEDERAL GOVERNMENT EMPLOYMENT- A member of the Review
Board shall not be an employee of the Federal Government.
(i) IN GENERAL- Subject to clause (ii), each member of the Review
Board shall be appointed for a term of 4 years.
(I) COMMENCEMENT DATE- The term of each member initially appointed
to the Review Board shall commence 120 days after the date of
enactment of this title.
(II) TERMINATION DATE- Of the 11 members initially appointed to
the Review Board, 5 members shall be appointed for a term of 2 years
and 6 members shall be appointed for a term of 4 years, to be
designated by the President at the time of appointment.
(i) IN GENERAL- A vacancy on the Review Board shall be filled in the
manner described in this subparagraph.
(ii) NOMINATIONS BY THE NATIONAL ACADEMY OF SCIENCES- Not later than
60 days after the date on which a vacancy commences, the National
Academy of Sciences shall--
(I) after taking into strong consideration the guidance and
recommendations of a broad range of scientific and technical societies
that have the capability of recommending qualified individuals,
nominate, from among qualified individuals, not fewer than 2
individuals to fill the vacancy; and
(II) submit the names of the nominees to the
President.
(iii) SELECTION- Not later than 30 days after the date on which the
nominations under clause (ii) are submitted to the President, the
President shall select from among the nominees an individual to fill the
vacancy.
(iv) SENATE CONFIRMATION- An individual appointed to fill a vacancy
on the Review Board shall be appointed by and with the advice and
consent of the Senate.
(5) APPLICABILITY OF ETHICS IN GOVERNMENT ACT OF 1978- A member of the
Review Board shall be deemed to be an individual subject to the Ethics in
Government Act of 1978 (5 U.S.C. App.).
(6) CHAIRPERSON; VICE CHAIRPERSON- The members of the Review Board shall
select a Chairperson and a Vice Chairperson of the Review Board from among
the members of the Review Board.
(1) IN GENERAL- Not later than 180 days after the date of submission of
the initial Strategy under section 1015(b), each updated version of the
Strategy under section 1015(c), and each progress report under section
1015(d), the Review Board shall submit to the President, Congress, and the
heads of Federal agencies as appropriate a report assessing the adequacy of
the Strategy or report.
(2) COMMENTS- In reviewing the Strategy or a report under paragraph (1),
the Review Board shall consider and comment on--
(A) the adequacy of effort and the appropriateness of focus of the
totality of all public, private, and public-private sector actions of the
United States with respect to the 4 key elements;
(B) the extent to which actions of the United States, with respect to
climate change, complement or leverage international research and other
efforts designed to manage global emissions of greenhouse gases, to
further the long-term goal of stabilization of greenhouse gas
concentrations;
(C) the funding implications of any recommendations made by the Review
Board; and
(D)(i) the effectiveness with which each Federal agency is carrying
out the responsibilities of the Federal agency with respect to the
short-term and long-term greenhouse gas management goals; and
(ii) the adequacy of the budget of each such Federal agency to carry
out those responsibilities.
(3) Additional recommendations-
(A) IN GENERAL- Subject to subparagraph (B), the Review Board, at the
request of the President or Congress, may provide recommendations on
additional climate change-related topics.
(B) SECONDARY DUTY- The provision of recommendations under
subparagraph (A) shall be a secondary duty to the primary duty of the
Review Board of providing independent review of the Strategy and the
reports under paragraphs (1) and (2).
(A) IN GENERAL- On request of the Chairperson or a majority of the
members of the Review Board, the Review Board may hold such hearings, meet
and act at such times and places, take such testimony, and receive such
evidence as the Review Board considers to be appropriate.
(B) ADMINISTRATION OF OATHS- Any member of the Review Board may
administer an oath or affirmation to any witness that appears before the
Review Board.
(2) Production of documents-
(A) IN GENERAL- On request of the Chairperson or a majority of the
members of the Review Board, and subject to applicable law, the Secretary
or head of a Federal agency represented on the Interagency Task Force, or
a contractor of such an agency, shall provide the Review Board with such
records, files, papers, data, and information as are necessary to respond
to any inquiry of the Review Board under this Act.
(B) INCLUSION OF WORK IN PROGRESS- Subject to applicable law,
information obtainable under subparagraph (A)--
(i) shall not be limited to final work products; but
(ii) shall include draft work products and documentation of work in
progress.
(3) POSTAL SERVICES- The Review Board may use the United States mails in
the same manner and under the same conditions as other agencies of the
Federal Government.
(e) COMPENSATION OF MEMBERS- A member of the Review Board shall be
compensated at a rate equal to the daily equivalent of the annual rate of
basic pay prescribed for level IV of the Executive Schedule under section 5315
of title 5, United States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties of the Review
Board.
(f) TRAVEL EXPENSES- A member of the Review Board shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates authorized for
an employee of an agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of business of the
member in the performance of the duties of the Review Board.
(1) IN GENERAL- The Chairperson of the Review Board may, without regard
to the provisions of title 5, United States Code, regarding appointments in
the competitive service, appoint and terminate an executive director and
such other additional personnel as are necessary to enable the Review Board
to perform the duties of the Review Board.
(2) CONFIRMATION OF EXECUTIVE DIRECTOR- The employment of an executive
director shall be subject to confirmation by the Review Board.
(A) IN GENERAL- Except as provided in subparagraph (B), the
Chairperson of the Review Board may fix the compensation of the executive
director and other personnel without regard to the provisions of chapter
51 and subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule pay
rates.
(B) MAXIMUM RATE OF PAY- The rate of pay for the executive director
and other personnel shall not exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United States
Code.
(h) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES- The Chairperson of
the Review Board may procure temporary and intermittent services in accordance
with section 3109(b) of title 5, United States Code, at rates for individuals
that do not exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under section 5316 of that
title.
SEC. 1020. AUTHORIZATION OF APPROPRIATIONS.
(1) USE OF AVAILABLE APPROPRIATIONS- From funds made available to
Federal agencies for the fiscal year in which this Title is enacted, the
President shall provide such sums as are necessary to carry out the duties
of the White House Office under this title until the date on which funds are
made available under paragraph (2).
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the White House Office to carry out the duties of the White
House Office under this Title $5,000,000 for each of fiscal years 2003
through 2011, to remain available through September 30, 2011.
(1) USE OF AVAILABLE APPROPRIATIONS- From funds made available to
Federal agencies for the fiscal year in which this title is enacted, the
President shall provide such sums as are necessary to carry out the duties
of the Department Office under this Title until the date on which funds are
made available under paragraph (2).
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Department Office to carry out the duties of the
Department Office under this title $4,750,000,000 for the period of fiscal
years 2003 through 2011, to remain available through September 30,
2011.
(1) USE OF AVAILABLE APPROPRIATIONS- From funds made available to
Federal agencies for the fiscal year in which this title is enacted, the
President shall provide such sums as are necessary to carry out the duties
of the Review Board under this title until the date on which funds are made
available under paragraph (2).
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Review Board to carry out the duties of the Review Board
under this title $3,000,000 for each of fiscal years 2003 through 2011, to
remain available until expended.
(d) ADDITIONAL AMOUNTS- Amounts authorized to be appropriated under this
section shall be in addition to--
(1) amounts made available to carry out the United States Global Change
Research Program under the Global Change Research Act of 1990 (15 U.S.C.
2921 et seq.); and
(2) amounts made available under other provisions of law for energy
research and development.
Subtitle C--Science and Technology Policy
SEC. 1031. GLOBAL CLIMATE CHANGE IN THE OFFICE OF SCIENCE AND TECHNOLOGY
POLICY.
Section 101(b) of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6601(b)) is amended--
(1) by redesignating paragraphs (7) through (13) as paragraphs (8)
through (14), respectively; and
(2) by inserting after paragraph (6) the following:
`(6) improving efforts to understand, assess, predict, mitigate, and
respond to global climate change;'.
SEC. 1032. ESTABLISHMENT OF ASSOCIATE DIRECTOR FOR GLOBAL CLIMATE
CHANGE.
Section 203 of the National Science and Technology Policy, Organization,
and Priorities Act of 1976 (42 U.S.C. 6612) is amended--
(1) by striking `four' in the second sentence and inserting `five';
and
(2) by striking `title.' in the second sentence and inserting `title,
one of whom shall be responsible for global climate change science and
technology under the Office of Science and Technology Policy.'.
Subtitle D--Miscellaneous Provisions
SEC. 1041. ADDITIONAL INFORMATION FOR REGULATORY REVIEW.
In each case that an agency prepares and submits a Statement of Energy
Effects pursuant to Executive Order 13211 of May 18, 2001 (relating to actions
concerning regulations that significantly affect energy supply, distribution,
or use), or as part of compliance with Executive Order 12866 of September 30,
1993 (relating to regulatory planning and review) or its successor, the agency
shall also submit an estimate of the change in net annual greenhouse gas
emissions resulting from the proposed significant energy action. In the case
in which there is an increase in net annual greenhouse gas emissions as a
result of the proposed significant energy action, the agency shall indicate
what policies or measures will be undertaken to mitigate or offset the
increased emissions.
SEC. 1042. GREENHOUSE GAS EMISSIONS FROM FEDERAL FACILITIES.
(1) IN GENERAL- Not later than one year after the date of enactment of
this section, the Secretary of Energy, Secretary of Agriculture, Secretary
of Commerce, and Administrator of the Environmental Protection Agency shall
publish a jointly developed methodology for preparing estimates of annual
net greenhouse gas emissions from all Federally owned, leased, or operated
facilities and emission sources, including mobile sources.
(2) INDIRECT AND OTHER EMISSIONS- The methodology under paragraph (1)
shall include emissions resulting from any Federal procurement action with
an annual Federal expenditure of greater than $100 million, indirect
emissions associated with Federal electricity consumption, and other
emissions resulting from Federal actions that the heads of the agencies
under paragraph (1) may jointly decide to include in the estimates.
(b) PUBLICATION- Not later than 18 months after the date of enactment of
this section, and annually thereafter, the Secretary of Energy shall publish
an estimate of annual net greenhouse gas emissions from all Federally owned,
leased, or operated facilities and emission sources, using the methodology
published under subsection (a).
TITLE XI--GREENHOUSE GAS DATABASE
SEC. 1101. DEFINITIONS.
(1) CONSENSUS- The term `consensus' has the meaning given that term in
section 562(2) of title 5, United States Code.
(2) DATABASE- The term `database' means the National Greenhouse Gas
Database established under section 1102.
(3) ENTITY- The term `entity' means--
(A) a person located in the United States; or
(B) a public or private entity, to the extent that the entity operates
in the United States.
(4) FACILITY- The term `facility' means all buildings, structures, or
installations located on any one or more of contiguous or adjacent property
or properties under common control of the same entity.
(5) GREENHOUSE GAS- The term `greenhouse gas' means--
(E) perfluorocarbons; and
(6) DIRECT EMISSIONS- The term `direct emissions' means greenhouse gas
emissions from a source that is owned or controlled by an entity.
(7) INDIRECT EMISSIONS- The term `indirect emissions' means greenhouse
gas emissions that are a consequence of the activities of an entity but that
are emitted from sources owned or controlled by another entity.
(8) CARBON SEQUESTRATION- The term `sequestration' means the capture,
long-term separation, isolation, or removal of greenhouse gases from the
atmosphere, including through a biological or geologic method such as
reforestation or an underground reservoir.
(9) INTERAGENCY TASK FORCE- The term `Interagency Task Force' means the
Interagency Task Force on Greenhouse Gas Database established under section
1103.
(10) SECRETARY- The term `Secretary' means the Secretary of
Commerce.
(11) NEGOTIATED RULEMAKING- The term `negotiated rulemaking' has the
meaning given that term in section 562(6) of title 5, United States
Code.
(12) NEGOTIATED RULEMAKING COMMITTEE- The term `negotiated rulemaking
committee' has the meaning given that term in section 562(7) of title 5,
United States Code.
SEC. 1102. NATIONAL GREENHOUSE GAS DATABASE.
(a) ESTABLISHMENT- The Secretary, in consultation with the Interagency
Task Force, shall establish, by rule, a database to be known as the National
Greenhouse Gas Database to collect, verify, and analyze information on--
(1) greenhouse gas emissions by entities located in the United States;
and
(2) greenhouse gas emission reductions by entities based in the United
States.
(b) DATABASE COMPONENTS- The database shall consist of an inventory of
greenhouse gas emissions and a registry of greenhouse gas emission
reductions.
(c) NEGOTIATED RULEMAKING-
(1) STAKEHOLDER INVOLVEMENT IN DESIGNING DATABASE REQUIRED- The
Secretary shall carry out the responsibilities under this section through
the use of a negotiated rulemaking under subchapter III of title 5, United
States Code.
(2) USE OF CONSENSUS- The Secretary shall use the consensus of the
negotiated rulemaking committee with respect to the database as the basis
for the rule proposed for notice and comment.
(3) DEADLINE- If, on the date that is 1 year after the date of
publication of the notice under section 564(a) of title 5, United States
Code, with regard to the negotiated rulemaking, the negotiated rulemaking
committee has not completed its work, the Secretary, in consultation with
the Interagency Task Force, shall publish a notice of proposed rulemaking
and issue a final rule without regard to this subsection.
(d) REQUIRED ELEMENTS OF RULE-
(1) MANDATORY REPORTING- (A) The rule under subsection (a) shall require
each entity that exceeds the greenhouse gas emissions threshold in paragraph
(2) to annually report to the Secretary, for inclusion in the inventory
component of the database, the entity-wide emissions of greenhouse gases in
the previous calendar year.
(B) Each report submitted pursuant to the rule shall include:
(i) direct emissions from stationary sources;
(ii) direct emissions from mobile sources owned or operated by a
covered entity;
(iii) direct emissions from any land use activities that release
significant quantities of greenhouse gases;
(iv) indirect emissions from outsourced activities, contract
manufacturing, wastes transferred from the control of an entity, and other
relevant instances, as determined to be practicable under the rule;
and,
(v) indirect emissions from electricity, heat, and steam, purchased
from another entity, as determined to be practicable under the
rule.
(2) THRESHOLD FOR REPORTING- An entity shall not be required to make a
report under paragraph (1) unless the total greenhouse gas emissions of the
entity in the calendar year for reporting exceeds 1,000 metric tons of
carbon dioxide equivalent, or a greater level as determined by the
rule.
(3) METHOD OF REPORTING- The rule under subsection (a) shall require
that entity-wide emissions shall be reported at the facility level.
(4) VERIFICATION- The rule under subsection (a) shall provide for
objective and independent assessment of whether a report submitted by an
entity accurately reflects the greenhouse gas emissions or emission
reductions of the entity.
(5) DATA QUALITY- The rule under subsection (a) shall establish
procedures and protocols needed to--
(A) prevent the reporting of some or all of the same greenhouse gas
emissions or emission reductions by more than one reporting
entity;
(B) provide for corrections to errors in data submitted to the
database;
(C) provide for adjustment to data by reporting entities that have had
a significant organizational change (including mergers, acquisitions, and
divestiture), in order to maintain comparability among data in the
database over time;
(D) provide for adjustments to reflect new technologies or methods for
measuring or calculating greenhouse gas emissions; and
(E) account for changes in registration of ownership of emissions
reductions resulting from a voluntary private transaction between
reporting entities.
(6) AVAILABILITY OF DATA- The rule under subsection (a) shall require
that information in the database be published and made available in
electronic format on the Internet, except in cases where the chair
determines that publishing or making available the information would reveal
a trade secret or disclose information vital to national security.
(7) DATA INFRASTRUCTURE- The rule under subsection (a) shall ensure that
the database established by this Act shall utilize and be integrated with
existing data collection and reporting systems to the maximum extent
possible and avoid duplication of such systems.
(8) RULE REVISION- The Secretary, in consultation with the Interagency
Task Force, shall review and revise the rule promulgated under subsection
(a) every three years, to ensure that it is effective in covering as many
sources of greenhouse gases as is practicable.
(e) ADDITIONAL ISSUES TO BE CONSIDERED- In formulating its consensus with
respect to the rule under subsection (a), the negotiated rulemaking committee
shall consider the full range of additional issues involved in establishing an
effective database, including the following:
(1) INDIRECT EMISSIONS- The inclusion in the database of information on
indirect greenhouse gas emissions, including types of emissions to be
covered, types and levels of aggregation of emissions data by a reporting
entity, and thresholds for reporting.
(2) UNITS FOR REPORTING- The appropriate units for reporting each
greenhouse gas, and whether to require reporting of emission efficiency
rates (including emissions per kilowatt-hour for electricity generators) in
addition to actual emissions of greenhouse gases.
(3) REPORTING OF EMISSION BY FEDERAL FACILITIES- The inclusion in the
database of emissions and emission reductions from facilities owned or
operated by the United States.
(4) EMISSION REDUCTIONS AND SEQUESTRATION- The inclusion in the registry
portion of the database, on a voluntary basis, of information on greenhouse
gas emissions that were reduced or avoided, and on carbon that was
sequestered, through any measures, including--
(A) agricultural activities, including management of crop lands,
grazing lands, grasslands, and dry lands;
(B) forestry activities that increase carbon sequestration
stocks;
(C) improvement in efficiency of energy production, including use of
combined heat and power;
(D) fuel switching or use of renewable sources in energy
production;
(E) improvements in end-use energy efficiency, including improved
vehicle fuel efficiency;
(F) carbon sequestration for long-term storage; and
(5) INCLUSION OF INTERNATIONAL EMISSION REDUCTIONS- The inclusion in the
registry portion of the database of emission reductions and sequestration
projects carried out outside the United States by entities based in the
United States.
(6) COORDINATION WITH OTHER DATABASES AND ENTITIES-
(A) coordination and standardization between the database and other
greenhouse gas registries at the State or regional level;
(B) approaches to reconciling data and reports under section 1605(b)
of the Energy Policy Act of 1992 with the information in the database,
including any verification that may be required; and
(C) use and integration of data and reports prepared by the
Environmental Protection Agency under sections 103 and 821 of the Clean
Air Act, and related programs.
(7) PARTICIPATION BY FARMERS AND SMALL BUSINESS- Measures to facilitate
the participation of farmers and small business in voluntary reporting of
emission reductions to the registry.
(8) NON-FEDERAL OPERATION OF THE DATABASE- The reliability,
cost-effectiveness and overall potential for the operation of the database
by a non-profit organization.
(f) ENFORCEMENT- The Attorney General may, at the request of the
Secretary, bring a civil action in United States District Court against an
entity that fails to comply with a rule promulgated under this section, to
impose a civil penalty of not more than $25,000 for each day that the failure
to comply continues.
(g) ANNUAL REPORT- The Secretary shall publish an annual report that--
(1) describes the total greenhouse gas emissions and emission reductions
reported to the database; and
(2) provides entity-by-entity and sector-by-sector analyses of the
emissions and emission reductions reported.
SEC. 1103. INTERAGENCY TASK FORCE ON GREENHOUSE GAS DATABASE.
(a) ESTABLISHMENT AND MEMBERSHIP- There is established an Interagency Task
Force on Greenhouse Gas Database, which shall be composed of--
(1) the Secretary of Energy;
(2) the Secretary of Agriculture;
(3) the Secretary of the Interior;
(4) the Secretary of Commerce;
(5) the Secretary of Transportation;
(6) the Administrator of the Environmental Protection Agency;
(7) the Director of the Office of Science and Technology Policy in the
Executive Office of the President;
(8) the Director of the National Office of Climate Change Response in
the Executive Office of the President; and
(9) the Chairman of the Council on Environmental Quality.
(b) CHAIR APPOINTMENT AND TERM-
(1) INITIAL APPOINTMENT- Not later than 60 days after the date of
enactment of this title, the President shall designate a chair of the
Interagency Task Force, who shall serve as Chair for not more than 2
consecutive years, from among the Secretary of Energy and the Administrator
of the Environmental Protection Agency.
(2) SUBSEQUENT APPOINTMENTS- The position of Chair shall alternate
between the Secretary of Energy and the Administrator of the Environmental
Protection Agency.
(c) DUTIES- The Interagency Task Force shall regularly advise the
Secretary and the Chair on the design, operation, and improvement of the
Database.
SEC. 1104. MEASUREMENT AND VERIFICATION.
(a) IN GENERAL- The Chair, in cooperation with the National Institute of
Standards and Technology, shall develop and promulgate--
(1) technologies and methods for measurement and verification of
greenhouse gas emissions and emission reductions; and
(2) accounting and reporting standards for reports under section
1102.
(b) BEST PRACTICES- The technologies, methods, and standards developed
under paragraph (1) shall conform, to the maximum extent practicable, to the
best practices that have the greatest support of experts in the field.
DIVISION E--ENHANCING RESEARCH, DEVELOPMENT, AND TRAINING
TITLE XII--ENERGY RESEARCH AND DEVELOPMENT PROGRAMS
SEC. 1201. SHORT TITLE.
This division may be cited as the `Energy Science and Technology
Enhancement Act of 2002'.
SEC. 1202. FINDINGS.
The Congress finds the following:
(1) A coherent national energy strategy requires an energy research and
development program that supports basic energy research and provides
mechanisms to develop, demonstrate, and deploy new energy technologies in
partnership with industry.
(2) An aggressive national energy research, development, demonstration,
and technology deployment program is an integral part of a national climate
change strategy, because it can reduce--
(A) United States energy intensity by 1.9 percent per year from 1999
to 2020;
(B) United States energy consumption in 2020 by 8 quadrillion Btu from
otherwise expected levels; and
(C) United States carbon dioxide emissions from expected levels by 166
million metric tons in carbon equivalent in 2020.
(3) An aggressive national energy research, development, demonstration,
and technology deployment program can help maintain domestic United States
production of energy, increase United States hydrocarbon reserves by 14
percent, and lower natural gas prices by 20 percent, compared to estimates
for 2020.
(4) An aggressive national energy research, development, demonstration,
and technology deployment program is needed if United States suppliers and
manufacturers are to compete in future markets for advanced energy
technologies.
SEC. 1203. DEFINITIONS.
(1) DEPARTMENT- The term `Department' means the Department of
Energy.
(2) DEPARTMENTAL MISSION- The term `departmental mission' means any of
the functions vested in the Secretary of Energy by the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.) or other law.
(3) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given that term in section 1201(a) of the Higher
Education Act of 1965 (20 U.S.C. 1141(a));
(4) NATIONAL LABORATORY- The term `National Laboratory' means any of the
following multi-purpose laboratories owned by the Department of
Energy--
(A) Argonne National Laboratory;
(B) Brookhaven National Laboratory;
(C) Idaho National Engineering and Environmental Laboratory;
(D) Lawrence Berkeley National Laboratory;
(E) Lawrence Livermore National Laboratory;
(F) Los Alamos National Laboratory;
(G) National Energy Technology Laboratory;
(H) National Renewable Energy Laboratory;
(I) Oak Ridge National Laboratory;
(J) Pacific Northwest National Laboratory; or
(K) Sandia National Laboratory.
(5) SECRETARY- The term `Secretary' means the Secretary of Energy.
(6) TECHNOLOGY DEPLOYMENT- The term `technology deployment' means
activities to promote acceptance and utilization of technologies in
commercial application, including activities undertaken pursuant to section
7 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42
U.S.C. 5906) or section 6 of the Renewable Energy and Energy Efficiency
Technology Competitiveness Act of 1989 (42 U.S.C. 12007).
SEC. 1204. CONSTRUCTION WITH OTHER LAWS.
Except as otherwise provided in this title and title XIV, the Secretary
shall carry out the research, development, demonstration, and technology
deployment programs authorized by this title in accordance with the Atomic
Energy Act of 1954 (42 U.S.C. 2011 et seq.), the Federal Nonnuclear Research
and Development Act of 1974 (42 U.S.C. 5901 et seq.), the Energy Policy Act of
1992 (42 U.S.C. 13201 et seq.), or any other Act under which the Secretary is
authorized to carry out such activities.
Subtitle A--Energy Efficiency
SEC. 1211. ENHANCED ENERGY EFFICIENCY RESEARCH AND DEVELOPMENT.
(a) PROGRAM DIRECTION- The Secretary shall conduct balanced energy
research, development, demonstration, and technology deployment programs to
enhance energy efficiency in buildings, industry, power technologies, and
transportation.
(1) ENERGY-EFFICIENT HOUSING- The goal of the energy-efficient housing
program shall be to develop, in partnership with industry, enabling
technologies (including lighting technologies), designs, production methods,
and supporting activities that will, by 2010--
(A) cut the energy use of new housing by 50 percent, and
(B) reduce energy use in existing homes by 30 percent.
(2) INDUSTRIAL ENERGY EFFICIENCY- The goal of the industrial energy
efficiency program shall be to develop, in partnership with industry,
enabling technologies, designs, production methods, and supporting
activities that will, by 2010, enable energy-intensive industries such as
the following industries to reduce their energy intensity by at least 25
percent:
(A) the wood product manufacturing industry;
(B) the pulp and paper industry;
(C) the petroleum and coal products manufacturing industry;
(E) the chemical manufacturing industry;
(F) the glass and glass product manufacturing industry;
(G) the iron and steel mills and ferroalloy manufacturing
industry;
(H) the primary aluminum production industry;
(I) the foundries industry; and
(3) TRANSPORTATION ENERGY EFFICIENCY- The goal of the transportation
energy efficiency program shall be to develop, in partnership with industry,
technologies that will enable the achievement--
(A) by 2010, passenger automobiles with a fuel economy of 80 miles per
gallon;
(B) by 2010, light trucks (classes 1 and 2a) with a fuel economy of 60
miles per gallon;
(C) by 2010, medium trucks and buses (classes 2b through 6 and class 8
transit buses) with a fuel economy, in ton-miles per gallon, that is three
times that of year 2000 equivalent vehicles; and
(D) by 2010, heavy trucks (classes 7 and 8) with a fuel economy, in
ton-miles per gallon, that is two times that of year 2000 equivalent
vehicles.
(4) ENERGY EFFICIENT DISTRIBUTED GENERATION- The goals of the energy
efficient on-site generation program shall be to help remove environmental
and regulatory barriers to on-site, or distributed, generation and combined
heat and power by developing technologies by 2015 that achieve--
(A) electricity generating efficiencies greater than 40 percent for
on-site generation technologies based upon natural gas, including fuel
cells, microturbines, reciprocating engines and industrial gas
turbines;
(B) combined heat and power total (electric and thermal) efficiencies
of more than 85 percent;
(C) fuel flexibility to include hydrogen, biofuels and natural
gas;
(D) near zero emissions of pollutants that form smog and acid
rain;
(E) reduction of carbon dioxide emissions by at least 40
percent;
(F) packaged system integration at end user facilities providing
complete services in heating, cooling, electricity and air quality;
and
(G) increased reliability for the consumer and greater stability for
the national electricity grid.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary for carrying out research, development,
demonstration, and technology deployment activities under this subtitle--
(1) $700,000,000 for fiscal year 2003;
(2) $784,000,000 for fiscal year 2004;
(3) $878,000,000 for fiscal year 2005; and
(4) $983,000,000 for fiscal year 2006.
(d) LIMITATION ON USE OF FUNDS- None of the funds authorized to be
appropriated in subsection (c) may be used for the following programs of the
Department--
(1) Weatherization Assistance Program;
(2) State Energy Program; or
(3) Federal Energy Management Program.
SEC. 1212. ENERGY EFFICIENCY SCIENCE INITIATIVE.
(a) ESTABLISHMENT AND AUTHORIZATION OF APPROPRIATIONS- From amounts
authorized under section 1211(c), there are authorized to be appropriated not
more than $50,000,000 in any fiscal year, for an Energy Efficiency Science
Initiative to be managed by the Assistant Secretary in the Department with
responsibility for energy conservation under section 203(a)(9) of the
Department of Energy Organization Act (42 U.S.C. 7133(a)(9)), in consultation
with the Director of the Office of Science, for grants to be competitively
awarded and subject to peer review for research relating to energy
efficiency.
(b) REPORT- The Secretary of Energy shall submit to the Committee on
Science and the Committee on Appropriations of the United States House of
Representatives, and to the Committee on Energy and Natural Resources and the
Committee on Appropriations of the United States Senate, an annual report on
the activities of the Energy Efficiency Science Initiative, including a
description of the process used to award the funds and an explanation of how
the research relates to energy efficiency.
SEC. 1213. NEXT GENERATION LIGHTING INITIATIVE.
(a) ESTABLISHMENT- There is established in the Department a Next
Generation Lighting Initiative to research, develop, and conduct demonstration
activities on advanced solid-state lighting technologies based on white light
emitting diodes.
(1) IN GENERAL- The objectives of the initiative shall be to develop, by
2011, advanced solid-state lighting technologies based on white light
emitting diodes that, compared to incandescent and fluorescent lighting
technologies, are--
(B) more energy-efficient; and
(2) INORGANIC WHITE LIGHT EMITTING DIODE- The objective of the
initiative with respect to inorganic white light emitting diodes shall be to
develop an inorganic white light emitting diode that has an efficiency of
160 lumens per watt and a 10-year lifetime.
(3) ORGANIC WHITE LIGHT EMITTING DIODE- The objective of the initiative
with respect to organic white light emitting diodes shall be to develop an
organic white light emitting diode with an efficiency of 100 lumens per watt
with a 5-year lifetime that--
(A) illuminates over a full color spectrum;
(B) covers large areas over flexible surfaces; and
(C) does not contain harmful pollutants typical of fluorescent lamps
such as mercury.
(1) IN GENERAL- The Secretary shall initiate and manage basic and
manufacturing-related research on advanced solid-state lighting technologies
based on white light emitting diodes for the initiative, in cooperation with
the Next Generation Lighting Initiative Consortium.
(2) COMPOSITION- The consortium shall be composed of firms, national
laboratories, and other entities so that the consortium is representative of
the United States solid state lighting research, development, and
manufacturing expertise as a whole.
(3) FUNDING- The consortium shall be funded by--
(A) participation fees; and
(B) grants provided under subsection (e)(1).
(4) ELIGIBILITY- To be eligible to receive a grant under subsection
(e)(1), the consortium shall--
(A) enter into a consortium participation agreement that--
(i) is agreed to by all participants; and
(ii) describes the responsibilities of participants, participation
fees, and the scope of research activities; and
(B) develop an annual program plan.
(5) INTELLECTUAL PROPERTY- Participants in the consortium shall have
royalty-free nonexclusive rights to use intellectual property derived from
consortium research conducted under subsection (e)(1).
(1) IN GENERAL- Not later than 90 days after the establishment of the
consortium, the Secretary shall establish and appoint the members of a
planning board, to be known as the `Next Generation Lighting Initiative
Planning Board', to assist the Secretary in carrying out this section.
(2) COMPOSITION- The planning board shall be composed of--
(A) 4 members from universities, national laboratories, and other
individuals with expertise in advanced solid-state lighting and
technologies based on white light emitting diodes; and
(B) 3 members from a list of not less than 6 nominees from industry
submitted by the consortium.
(A) IN GENERAL- Not later than 90 days after the date on which the
Secretary appoints members to the planning board, the planning board shall
complete a study on strategies for the development and implementation of
advanced solid-state lighting technologies based on white light emitting
diodes.
(B) REQUIREMENTS- The study shall develop a comprehensive strategy to
implement, through the initiative, the use of white light emitting diodes
to increase energy efficiency and enhance United States
competitiveness.
(C) IMPLEMENTATION- As soon as practicable after the study is
submitted to the Secretary, the Secretary shall implement the initiative
in accordance with the recommendations of the planning board.
(4) TERMINATION- The planning board shall terminate upon completion of
the study under paragraph (3).
(1) FUNDAMENTAL RESEARCH- The Secretary, through the consortium, shall
make grants to conduct basic and manufacturing-related research related to
advanced solid-state lighting technologies based on white light emitting
diode technologies.
(2) TECHNOLOGY DEVELOPMENT AND DEMONSTRATION- The Secretary shall enter
into grants, contracts, and cooperative agreements to conduct or promote
technology research, development, or demonstration activities. In providing
funding under this paragraph, the Secretary shall give preference to
participants in the consortium.
(3) CONTINUING ASSESSMENT- The consortium, in collaboration with the
Secretary, shall formulate annual operating and performance objectives,
develop technology roadmaps, and recommend research and development
priorities for the initiative. The Secretary may also establish or utilize
advisory committees, or enter into appropriate arrangements with the
National Academy of Sciences, to conduct periodic reviews of the initiative.
The Secretary shall consider the results of such assessment and review
activities in making funding decisions under paragraphs (1) and (2) of this
subsection.
(4) TECHNICAL ASSISTANCE- The National Laboratories shall cooperate with
and provide technical assistance to persons carrying out projects under the
initiative.
(A) IN GENERAL- The Secretary shall retain an independent, commercial
auditor to determine the extent to which funds made available under this
section have been expended in a manner that is consistent with the
objectives under subsection (b) and, in the case of funds made available
to the consortium, the annual program plan of the consortium under
subsection (c)(4)(B).
(B) REPORTS- The auditor shall submit to Congress, the Secretary, and
the Comptroller General of the United States an annual report containing
the results of the audit.
(6) APPLICABLE LAW- Grants, contracts, and cooperative agreements under
this section shall not be subject to the Federal Acquisition
Regulation.
(f) PROTECTION OF INFORMATION- Information obtained by the Federal
Government on a confidential basis under this section shall be considered to
constitute trade secrets and commercial or financial information obtained from
a person and privileged or confidential under section 552(b)(4) of title 5,
United States Code.
(g) AUTHORIZATION OF APPROPRIATIONS- In addition to amounts authorized
under section 1211(c), there are authorized to be appropriated for activities
under this section $50,000,000 for each of fiscal years 2003 through 2011.
(h) DEFINITIONS- In this section:
(1) ADVANCED SOLID-STATE LIGHTING- The term `advanced solid-state
lighting' means a semiconducting device package and delivery system that
produces white light using externally applied voltage.
(2) CONSORTIUM- The term `consortium' means the Next Generation Lighting
Initiative Consortium under subsection (c).
(3) INITIATIVE- The term `initiative' means the Next Generation Lighting
Initiative established under subsection (a).
(4) INORGANIC WHITE LIGHT EMITTING DIODE- The term `inorganic white
light emitting diode' means an inorganic semiconducting package that
produces white light using externally applied voltage.
(5) ORGANIC WHITE LIGHT EMITTING DIODE- The term `organic white light
emitting diode' means an organic semiconducting compound that produces white
light using externally applied voltage.
(6) WHITE LIGHT EMITTING DIODE- The term `white light emitting diode'
means--
(A) an inorganic white light emitting diode; or
(B) an organic white light emitting diode.
SEC. 1214. RAILROAD EFFICIENCY.
(a) ESTABLISHMENT- The Secretary shall, in cooperation with the
Secretaries of Transportation and Defense, and the Administrator of the
Environmental Protection Agency, establish a public-private research
partnership involving the federal government, railroad carriers, locomotive
manufacturers, and the Association of American Railroads. The goal of the
initiative
shall include developing and demonstrating locomotive technologies that
increase fuel economy, reduce emissions, improve safety, and lower costs.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to carry out the requirements of this section $60,000,000 for
fiscal year 2003 and $70,000,000 for fiscal year 2004.
Subtitle B--Renewable Energy
SEC. 1221. ENHANCED RENEWABLE ENERGY RESEARCH AND DEVELOPMENT.
(a) PROGRAM DIRECTION- The Secretary shall conduct balanced energy
research, development, demonstration, and technology deployment programs to
enhance the use of renewable energy.
(1) WIND POWER- The goals of the wind power program shall be to develop,
in partnership with industry, a variety of advanced wind turbine designs and
manufacturing technologies that are cost-competitive with fossil-fuel
generated electricity, with a focus on developing advanced low wind speed
technologies that, by 2007, will enable the expanding utilization of
widespread class 3 and 4 winds.
(2) PHOTOVOLTAICS- The goal of the photovoltaic program shall be to
develop, in partnership with industry, total photovoltaic systems with
installed costs of $4000 per peak kilowatt by 2005 and $2000 per peak
kilowatt by 2015.
(3) SOLAR THERMAL ELECTRIC SYSTEMS- The goal of the solar thermal
electric systems program shall be to develop, in partnership with industry,
solar power technologies (including baseload solar power) that are
competitive with fossil-fuel generated electricity by 2015, by combining
high-efficiency and high-temperature receivers with advanced thermal storage
and power cycles.
(4) BIOMASS-BASED POWER SYSTEMS- The goal of the biomass program shall
be to develop, in partnership with industry, integrated power-generating
systems, advanced conversion, and feedstock technologies capable of
producing electric power that is cost-competitive with fossil-fuel generated
electricity by 2010, together with the production of fuels, chemicals, and
other products under paragraph (6).
(5) GEOTHERMAL ENERGY- The goal of the geothermal program shall be to
develop, in partnership with industry, technologies and processes based on
advanced hydrothermal systems and advanced heat and power systems, including
geothermal heat pump technology, with a specific focus on--
(A) improving exploration and characterization technology to increase
the probability of drilling successful wells from 20 percent to 40 percent
by 2006;
(B) reducing the cost of drilling by 2008 to an average cost of $150
per foot; and
(C) developing enhanced geothermal systems technology with the
potential to double the useable geothermal resource base.
(6) BIOFUELS- The goal of the biofuels program shall be to develop, in
partnership with industry, advanced biochemical and thermochemical
conversion technologies capable of making liquid and gaseous fuels from
cellulosic feedstocks, that are price-competitive with gasoline or diesel,
in either internal combustion engines or fuel cell vehicles, by 2010.
(7) HYDROGEN-BASED ENERGY SYSTEMS- The goals of the hydrogen program
shall be to support research and development on technologies for production,
storage, and use of hydrogen, including fuel cells and, specifically,
fuel-cell vehicle development activities under section 1211.
(8) HYDROPOWER- The goal of the hydropower program shall be to develop,
in partnership with industry, a new generation of turbine technologies that
are less damaging to fish and aquatic ecosystems.
(9) ELECTRIC ENERGY SYSTEMS AND STORAGE- The goals of the electric
energy and storage program shall be to develop, in partnership with
industry--
(A) generators and transmission, distribution, and storage systems
that combine high capacity with high efficiency;
(B) technologies to interconnect distributed energy resources with
electric power systems, comply with any national interconnection
standards, have a minimum 10-year useful life;
(C) advanced technologies to increase the average efficiency of
electric transmission facilities in rural and remote areas, giving
priority for demonstrations to advanced transmission technologies that are
being or have been field tested;
(D) the use of new transmission technologies, including composite
conductor materials, advanced protection devices, controllers, and other
cost-effective methods and technologies;
(E) the use of superconducting materials in power delivery equipment
such as transmission and distribution cables, transformers, and
generators;
(F) energy management technologies for enterprises with aggregated
loads and distributed generation, such as power parks;
(G) economic and system models to measure the costs and benefits of
imporoved system performance;
(H) hybrid distributed energy systems to optimize two or more
distributed or on-site generation technologies; and
(I) real-time transmission and distribution system control
technologies that provide for continual exchange of information between
generation, transmission, distribution, and end-user facilities.
(c) SPECIAL PROJECTS- In carrying out this section, the Secretary shall
demonstrate--
(1) the use of advanced wind power technology, biomass, geothermal
energy systems, and other renewable energy technologies to assist in
delivering electricity to rural and remote locations; and
(2) the combined use of wind power and coal gasification
technologies.
(d) FINANCIAL ASSISTANCE TO RURAL AREAS- In carrying out special projects
under subsection (c), the Secretary may provide financial assistance to rural
electric cooperatives and other rural entities.
(e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary for carrying out research, development,
demonstration, and technology deployment activities under this subtitle--
(1) $500,000,000 for fiscal year 2003;
(2) $595,000,000 for fiscal year 2004;
(3) $683,000,000 for fiscal year 2005; and
(4) $733,000,000 for fiscal year 2006.
SEC. 1222. BIOENERGY PROGRAMS.
(a) PROGRAM DIRECTION- The Secretary shall carry out research,
development, demonstration, and technology development activities related to
bioenergy, including programs under paragraphs (4) and (6) of section
1221(b).
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) BIOPOWER ENERGY SYSTEMS- From amounts authorized under section
1221(e), there are authorized to be appropriated to the Secretary for
biopower energy systems--
(A) $60,300,000 for fiscal year 2003;
(B) $69,300,000 for fiscal year 2004;
(C) $79,600,000 for fiscal year 2005; and
(D) $86,250,000 for fiscal year 2006.
(2) BIOFUELS ENERGY SYSTEMS- From amounts authorized under section
1221(e), there are authorized to be appropriated to the Secretary for
biofuels energy systems--
(A) $57,500,000 for fiscal year 2003;
(B) $66,125,000 for fiscal year 2004;
(C) $76,000,000 for fiscal year 2005; and
(D) $81,400,000 for fiscal year 2006.
(3) INTEGRATED BIOENERGY RESEARCH AND DEVELOPMENT- The Secretary may use
funds authorized under paragraph (1) or (2) for programs, projects, or
activities that integrate applications for both biopower and biofuels,
including cross-cutting research and development in feedstocks and economic
analysis.
SEC. 1223. HYDROGEN RESEARCH AND DEVELOPMENT.
(a) SHORT TITLE- This section may be cited as the `Hydrogen Future Act of
2002'.
(b) PURPOSES- Section 102(b) of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12401(b)) is amended by
striking paragraphs (2) and (3) and inserting the following:
`(2) to direct the Secretary to develop a program of technology
assessment, information transfer, and education in which Federal agencies,
members of the transportation, energy, and other industries, and other
entities may participate;
`(3) to develop methods of hydrogen production that minimize production
of greenhouse gases, including developing--
`(A) efficient production from non-renewable resources; and
`(B) cost-effective production from renewable resources such as
biomass, geothermal, wind, and solar energy; and
`(4) to foster the use of hydrogen as a major energy source, including
developing the use of hydrogen in--
`(A) isolated villages, islands, and communities in which other energy
sources are not available or are very expensive; and
`(B) foreign economic development, to avoid environmental damage from
increased fossil fuel use.'.
(c) REPORT TO CONGRESS- Section 103 of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12402) is
amended--
(1) in subsection (a), by striking `January 1, 1999,' and inserting `1
year after the date of enactment of the Hydrogen Future Act of 2002, and
biennially thereafter,';
(2) in subsection (b), by striking paragraphs (1) and (2) and inserting
the following:
`(1) an analysis of hydrogen-related activities throughout the United
States Government to identify productive areas for increased
intragovernmental collaboration;
`(2) recommendations of the Hydrogen Technical Advisory Panel
established by section 108 for any improvements in the program that are
needed, including recommendations for additional legislation; and
`(3) to the extent practicable, an analysis of State and local
hydrogen-related activities.'; and
(3) by adding at the end the following:
`(c) COORDINATION PLAN- The report under subsection (a) shall be based on
a comprehensive coordination plan for hydrogen energy prepared by the
Secretary in consultation with other Federal agencies.'.
(d) HYDROGEN RESEARCH AND DEVELOPMENT- Section 104 of the Spark M.
Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 (42
U.S.C. 12403) is amended--
(1) in subsection (b)(1), by striking `marketplace;' and inserting
`marketplace, including foreign markets, particularly where an energy
infrastructure is not well developed;';
(2) in subsection (e), by striking `this chapter' and inserting `this
Act';
(3) by striking subsection (g) and inserting the following:
`(1) INABILITY TO FUND ENTIRE COST- The Secretary shall not consider a
proposal submitted by a person from industry unless the proposal contains a
certification that--
`(A) reasonable efforts to obtain non-Federal funding in the amount
necessary to pay 100 percent of the cost of the project have been made;
and
`(B) non-Federal funding in that amount could not reasonably be
obtained.
`(A) IN GENERAL- The Secretary shall require a commitment from
non-Federal sources of at least 25 percent of the cost of the
project.
`(B) REDUCTION OR ELIMINATION- The Secretary may reduce or eliminate
the cost-sharing requirement under subparagraph (A) for the proposed
research and development project, including for technical analyses,
economic analyses, outreach activities, and educational programs, if the
Secretary determines that reduction or elimination is necessary to achieve
the objectives of this Act.
(4) in subsection (i), by striking `this chapter' and inserting `this
Act'.
(e) DEMONSTRATIONS- Section 105 of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12404) is
amended by striking subsection (c) and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), the Secretary
shall require a commitment from non-Federal sources of at least 50 percent
of the costs directly relating to a demonstration project under this
section.
`(2) REDUCTION- The Secretary may reduce the non-Federal requirement
under paragraph (1) if the Secretary determines that the reduction is
appropriate considering the technological risks involved in the project and
is necessary to meet the objectives of this Act.'.
(f) TECHNOLOGY TRANSFER- Section 106 of the Spark M. Matsunaga Hydrogen
Research, Development, and Demonstration Act of 1990 (42 U.S.C. 12405) is
amended--
(A) in the first sentence--
(i) by striking `The Secretary shall conduct a program designed to
accelerate wider application' and inserting the following:
`(1) IN GENERAL- The Secretary shall conduct a program designed
to--
`(A) accelerate wider application'; and
(ii) by striking `private sector' and inserting `private sector;
and
`(B) accelerate wider application of hydrogen technologies in foreign
countries to increase the global market for the technologies and foster
global economic development without harmful environmental effects.';
and
(B) in the second sentence, by striking `The Secretary' and inserting
the following:
`(2) ADVICE AND ASSISTANCE- The Secretary'; and
(A) in paragraph (2), by redesignating subparagraphs (A) through (D)
as clauses (i) through (iv), respectively, and indenting
appropriately;
(B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and
(B), respectively, and indenting appropriately;
(C) by striking `The Secretary, in' and inserting the
following:
`(1) IN GENERAL- The Secretary, in';
(D) by striking `The information' and inserting the
following:
`(2) ACTIVITIES- The information'; and
(E) in paragraph (1) (as designated by subparagraph (C))--
(i) in subparagraph (A) (as redesignated by subparagraph (B)), by
striking `an inventory' and inserting `an update of the inventory';
and
(ii) in subparagraph (B) (as redesignated by subparagraph (B)), by
striking `develop' and all that follows through `to improve' and
inserting `develop with the National Aeronautics and Space
Administration, the Department of Energy, other Federal agencies as
appropriate, and industry, an information exchange program to
improve'.
(g) Technical Panel Review-
(1) IN GENERAL- Section 108 of the Spark M. Matsunaga Hydrogen Research,
Development, and Demonstration Act of 1990 (42 U.S.C. 12407) is
amended--
(i) by striking `(b) MEMBERSHIP- The technical panel shall be
appointed' and inserting the following:
`(1) IN GENERAL- The technical panel shall be comprised of not fewer
than 9 nor more than 15 members appointed';
(ii) by striking the second sentence and inserting the
following:
`(A) IN GENERAL- The term of a member of the technical panel shall be
not more than 3 years.
`(B) STAGGERED TERMS- The Secretary may appoint members of the
technical panel in a manner that allows the terms of the members serving
at any time to expire at spaced intervals so as to ensure continuity in
the functioning of the technical panel.
`(C) REAPPOINTMENT- A member of the technical panel whose term expires
may be reappointed.'; and
(iii) by striking `The technical panel shall have a chairman,' and
inserting the following:
`(3) CHAIRPERSON- The technical panel shall have a chairperson,';
and
(i) in the matter preceding paragraph (1), by striking `the
following items';
(ii) in paragraph (1), by striking `and' at the end;
(iii) in paragraph (2), by striking the period at the end and
inserting `; and'; and
(iv) by adding at the end the following:
`(3) the plan developed by the interagency task force under section
202(b) of the Hydrogen Future Act of 1996.'.
(2) NEW APPOINTMENTS- Not later than 180 days after the date of
enactment of this Act, the Secretary--
(A) shall review the membership composition of the Hydrogen Technical
Advisory Panel; and
(B) may appoint new members consistent with the amendments made by
subsection (a).
(h) AUTHORIZATION OF APPROPRIATIONS- Section 109 of the Spark M. Matsunaga
Hydrogen Research, Development, and Demonstration Act of 1990 (42 U.S.C.
12408) is amended--
(1) in paragraph (8), by striking `and';
(2) in paragraph (9), by striking the period and inserting a semicolon;
and
(3) by adding at the end the following:
`(10) $65,000,000 for fiscal year 2003;
`(11) $70,000,000 for fiscal year 2004;
`(12) $75,000,000 for fiscal year 2005; and
`(13) $80,000,000 for fiscal year 2006.'.
(1) INTEGRATION OF FUEL CELLS WITH HYDROGEN PRODUCTION SYSTEMS- Section
201 of the Hydrogen Future Act of 1996 is amended--
(i) by striking `(a) Not later than 180 days after the date of
enactment of this section, and subject' and inserting `(a) IN GENERAL-
Subject'; and
(B) by striking `with--' and all that follows and inserting `into
Federal, State, and local government facilities for stationary and
transportation applications.';
(2) in subsection (b), by striking `gas is' and inserting `basis';
(3) in subsection (c)(2), by striking `systems described in subsections
(a)(1) and (a)(2)' and inserting `projects proposed'; and
(4) by striking subsection (d) and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), the Secretary
shall require a commitment from non-Federal sources of at least 50 percent
of the costs directly relating to a demonstration project under this
section.
`(2) REDUCTION- The Secretary may reduce the non-Federal requirement
under paragraph (1) if the Secretary determines that the reduction is
appropriate considering the technological risks involved in the project and
is necessary to meet the objectives of this Act.'.
(2) COOPERATIVE AND COST-SHARING AGREEMENTS; INTEGRATION OF TECHNICAL
INFORMATION- Title II of the Hydrogen Future Act of 1996 (42 U.S.C. 12403
note; Public Law 104-271) is amended by striking section 202 and inserting
the following:
`SEC. 202. INTERAGENCY TASK FORCE.
`(a) ESTABLISHMENT- Not later than 120 days after the date of enactment of
this section, the Secretary shall establish an interagency task force led by a
Deputy Assistant Secretary of the Department of Energy and comprised of
representatives of--
`(1) the Office of Science and Technology Policy;
`(2) the Department of Transportation;
`(3) the Department of Defense;
`(4) the Department of Commerce (including the National Institute for
Standards and Technology);
`(5) the Environmental Protection Agency;
`(6) the National Aeronautics and Space Administration; and
`(7) other agencies as appropriate.
`(1) IN GENERAL- The task force shall develop a plan for carrying out
this title.
`(2) FOCUS OF PLAN- The plan shall focus on development and
demonstration of integrated systems and components for--
`(A) hydrogen production, storage, and use in Federal, State, and
local government buildings and vehicles;
`(B) hydrogen-based infrastructure for buses and other fleet
transportation systems that include zero-emission vehicles; and
`(C) hydrogen-based distributed power generation, including the
generation of combined heat, power, and hydrogen.
`SEC. 203. COOPERATIVE AND COST-SHARING AGREEMENTS.
`The Secretary shall enter into cooperative and cost-sharing agreements
with Federal, State, and local agencies for participation by the agencies in
demonstrations at facilities administered by the agencies, with the aim of
integrating high efficiency hydrogen systems using fuel cells into the
facilities to provide immediate benefits and promote a smooth transition to
hydrogen as an energy source.
`SEC. 204. INTEGRATION AND DISSEMINATION OF TECHNICAL INFORMATION.
`(1) integrate all the technical information that becomes available as a
result of development and demonstration projects under this title;
`(2) make the information available to all Federal and State agencies
for dissemination to all interested persons; and
`(3) foster the exchange of generic, nonproprietary information and
technology developed under this title among industry, academia, and Federal,
State, and local governments, to help the United States economy attain the
economic benefits of the information and technology.
`SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated, for activities under this
title--
`(1) $25,000,000 for fiscal year 2003;
`(2) $30,000,000 for fiscal year 2004;
`(3) $35,000,000 for fiscal year 2005; and
`(4) $40,000,000 for fiscal year 2006.'.
Subtitle C--Fossil Energy
SEC. 1231. ENHANCED FOSSIL ENERGY RESEARCH AND DEVELOPMENT.
(a) PROGRAM DIRECTION- The Secretary shall conduct a balanced energy
research, development, demonstration, and technology deployment program to
enhance fossil energy.
(1) CORE FOSSIL RESEARCH AND DEVELOPMENT- The goals of the core fossil
research and development program shall be to reduce emissions from fossil
fuel use by developing technologies, including precombustion technologies,
by 2015 with the capability of realizing--
(A) electricity generating efficiencies of 60 percent for coal and 75
percent for natural gas;
(B) combined heat and power thermal efficiencies of more than 85
percent;
(C) fuels utilization efficiency of 75 percent for the production of
liquid transportation fuels from coal;
(D) near zero emissions of mercury and of emissions that form fine
particles, smog, and acid rain;
(E) reduction of carbon dioxide emissions by at least 40 percent
through efficiency improvements and 100 percent with sequestration;
and
(F) improved reliability, efficiency, reductions of air pollutant
emissions, or reductions in solid waste disposal requirements.
(2) OFFSHORE OIL AND NATURAL GAS RESOURCES- The goal of the offshore oil
and natural gas resources program shall be to develop technologies
to--
(A) extract methane hydrates in coastal waters of the United States,
and
(B) develop natural gas and oil reserves in the ultra-deepwater of the
Central and Western Gulf of Mexico.
(3) ONSHORE OIL AND NATURAL GAS RESOURCES- The goal of the onshore oil
and natural gas resources program shall be to advance the science and
technology available to domestic onshore petroleum producers, particularly
independent operators, through--
(A) advances in technology for exploration and production of domestic
petroleum resources, particularly those not accessible with current
technology;
(B) improvement in the ability to extract hydrocarbons from known
reservoirs and classes of reservoirs; and
(C) development of technologies and practices that reduce the threat
to the environment from petroleum exploration and production and decrease
the cost of effective environmental compliance.
(4) TRANSPORTATION FUELS- The goals of the transportation fuels program
shall be to increase the price elasticity of oil supply and demand by
focusing research on--
(A) reducing the cost of producing transportation fuels from coal and
natural gas; and
(B) indirect liquefaction of coal and biomass.
(c) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated to the Secretary
for carrying out research, development, demonstration, and technology
deployment activities under this section--
(A) $485,000,000 for fiscal year 2003;
(B) $508,000,000 for fiscal year 2004;
(C) $532,000,000 for fiscal year 2005; and
(D) $558,000,000 for fiscal year 2006.
(2) LIMITS ON USE OF FUNDS-
(A) None of the funds authorized in paragraph (1) may be used
for--
(i) Fossil energy environmental restoration;
(ii) Import/export authorization;
(iii) Program direction; or
(iv) General plant projects.
(B) COAL-BASED PROJECTS- The coal-based projects funded under this
section shall be consistent with the goals in subsection (b). The program
shall emphasize carbon capture and sequestration technologies and
gasification technologies, including gasification combined cycle,
gasification fuel cells, gasification co-production, hybrid
gasification/combustion, or other technology with the potential to address
the goals in subparagraphs (D) or (E) of subsection (b)(1).
SEC. 1232. POWER PLANT IMPROVEMENT INITIATIVE.
(a) PROGRAM DIRECTION- The Secretary shall conduct a balanced energy
research, development, demonstration, and technology deployment program to
demonstrate commercial applications of advanced lignite and coal-based
technologies applicable to new or existing power plants (including
co-production plants) that advance the efficiency, environmental performance,
and cost-competitiveness substantially beyond technologies that are in
operation or have been demonstrated by the date of enactment of this
subtitle.
(b) TECHNICAL MILESTONES-
(1) IN GENERAL- The Secretary shall set technical milestones specifying
efficiency and emissions levels that projects shall be designed to achieve.
The milestones shall become more restrictive over the life of the
program.
(2) 2010 efficiency milestones- The milestones shall be designed to
achieve by 2010 interim thermal efficiency of--
(A) 45 percent for coal of more than 9,000 Btu;
(B) 44 percent for coal of 7,000 to 9,000 Btu; and (C) 42 percent for
coal of less than 7,000 Btu.
(3) 2020 efficiency milestones- The milestones shall be designed to
achieve by 2020 thermal efficiency of--
(A) 60 percent for coal of more than 9,000 Btu;
(B) 59 percent for coal of 7,000 to 9,000 Btu; and
(C) 57 percent for coal of less than 7,000 Btu.
(4) EMISSIONS MILESTONES- The milestones shall include near zero
emissions of mercury and greenhouse gases and of emissions that form fine
particles, smog, and acid rain.
(5) REGIONAL AND QUALITY DIFFERENCES- The Secretary may consider
regional and quality differences in developing the efficiency
milestones.
(c) PROJECT CRITERIA- The demonstration activities proposed to be
conducted at a new or existing coal-based electric generation unit having a
nameplate rating of not less than 100 megawatts, excluding a co-production
plant, shall include at least one of the following--
(1) a means of recycling or reusing a significant portion of coal
combustion wastes produced by coal-based generating units, excluding
practices that are commercially available by the date of enactment of this
subtitle;
(2) a means of capture and sequestering emissions, including greenhouse
gases, in a manner that is more effective and substantially below the cost
of technologies that are in operation or that have been demonstrated by the
date of enactment of this subtitle;
(3) a means of controlling sulfur dioxide and nitrogen oxide or mercury
in a manner that improves environmental performance beyond technologies that
are in operation or that have been demonstrated by the date of enactment of
this subtitle, and
(A) in the case of an existing unit, achieve an overall thermal design
efficiency improvement compared to the efficiency of the unit as operated,
of not less than--
(i) 7 percent for coal of more than 9,000 Btu;
(ii) 6 percent for coal of 7,000 to 9,000 Btu; or
(iii) 4 percent for coal of less than 7,000 Btu; or
(B) in the case of a new unit, achieve the efficiency milestones set
for in subsection (b) compared to the efficiency of a typical unit as
operated on the date of enactment of this subtitle, before any retrofit,
repowering, replacement, or installation.
(d) STUDY- The Secretary, in consultation with the Administrator of the
Environmental Protection Agency, the Secretary of the Interior, and interested
entities (including coal producers, industries using coal, organizations to
promote coal or advanced coal technologies, environmental organizations, and
organizations representing workers), shall conduct an assessment that
identifies performance criteria that would be necessary for coal-based
technologies to meet, to enable future reliance on coal in an environmentally
sustainable manner for electricity generation, use as a chemical feedstock,
and use as a transportation fuel.
(e) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated to the Secretary
for carrying out activities under this section $200,000,000 for each of
fiscal years 2003 through 2011.
(2) LIMITATION ON FUNDING OF PROJECTS- Eighty percent of the funding
under this section shall be limited to--
(A) carbon capture and sequestration technologies; or
(B) gasification technologies, including gasification combined cycle,
gasification fuel cells, gasification co-production, or hybrid
gasification/combustion, or
(C) other technology either by itself or in conjunction with other
technologies has the potential to achieve near zero emissions.
SEC. 1233. RESEARCH AND DEVELOPMENT FOR ADVANCED SAFE AND EFFICIENT COAL
MINING TECHNOLOGIES.
(a) ESTABLISHMENT- The Secretary of Energy shall establish a cooperative
research partnership involving appropriate Federal agencies, coal producers,
including associations, equipment manufacturers, universities with mining
engineering departments, and other relevant entities to--
(1) develop mining research priorities identified by the Mining Industry
of the Future Program and in the recommendations from relevant reports of
the National Academy of Sciences on mining technologies;
(2) establish a process for conducting joint industry-government
research and development; and
(3) expand mining research capabilities at institutions of higher
education.
(b) AUTHORIZATION OF APPROPRIATIONS-
(1) IN GENERAL- There are authorized to be appropriated to carry out
activities under this section, $12,000,000 in fiscal year 2003 and
$15,000,000 in fiscal year 2004.
(2) LIMIT ON USE OF FUNDS- Not less than 20 percent of any funds
appropriated in a given fiscal year under this subsection shall be dedicated
to research carried out at institutions of higher education.
SEC. 1234. ULTRA-DEEPWATER AND UNCONVENTIONAL RESOURCE EXPLORATION AND
PRODUCTION TECHNOLOGIES.
(a) DEFINITIONS- In this section:
(1) ADVISORY COMMITTEE- The term `Advisory Committee' means the
Ultra-Deepwater and Unconventional Resource Technology Advisory Committee
established under subsection (c).
(2) AWARD- The term `award' means a cooperative agreement, contract,
award or other types of agreement as appropriate.
(3) DEEPWATER- The term `deepwater' means a water depth that is greater
than 200 but less than 1,500 meters.
(4) ELIGIBLE AWARD RECIPIENT- The term `eligible award recipient'
includes--
(A) a research institution;
(B) an institution of higher education;
(D) a managing consortium formed among entities described in
subparagraphs (A) through (C).
(5) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given the term in section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(6) MANAGING CONSORTIUM- The term `managing consortium' means an entity
that--
(A) exists as of the date of enactment of this section;
(B)(i) is an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986; and
(ii) is exempt from taxation under section 501(a) of that
Code;
(C) is experienced in planning and managing programs in natural gas or
other petroleum exploration and production research, development, and
demonstration; and
(D) has demonstrated capabilities and experience in representing the
views and priorities of industry, institutions of higher education and
other research institutions in formulating comprehensive research and
development plans and programs.
(7) PROGRAM- The term `program' means the program of research,
development, and demonstration established under subsection (b)(1)(A).
(8) ULTRA-DEEPWATER- The term `ultra-deepwater' means a water depth that
is equal to or greater than 1,500 meters.
(9) ULTRA-DEEPWATER ARCHITECTURE- The term `ultra-deepwater
architecture' means the integration of technologies to explore and produce
natural gas or petroleum products located at ultra-deepwater depths.
(10) ULTRA-DEEPWATER RESOURCE- The term `ultra-deepwater resource' means
natural gas or any other petroleum resource (including methane hydrate)
located in an ultra-deepwater area.
(11) UNCONVENTIONAL RESOURCE- The term `unconventional resource' means
natural gas or any other petroleum resource located in a formation on
physically or economically inaccessible land currently available for lease
for purposes of natural gas or other petroleum exploration or
production.
(b) Ultra-Deepwater and Unconventional Exploration and Production
Program-
(A) IN GENERAL- The Secretary shall establish a program of research
into, and development and demonstration of, ultra-deepwater resource and
unconventional resource exploration and production technologies.
(B) LOCATION; IMPLEMENTATION- The program under this subsection shall
be carried out--
(i) in areas on the outer Continental Shelf that, as of the date of
enactment of this section, are available for leasing; and
(ii) on unconventional resources.
(2) COMPONENTS- The program shall include one or more programs for
long-term research into--
(A) new deepwater ultra-deepwater resource and unconventional resource
exploration and production technologies; or
(B) environmental mitigation technologies for production of
ultra-deepwater resource and unconventional resource.
(1) ESTABLISHMENT- Not later than 30 days after the date of enactment of
this section, the Secretary shall establish an advisory committee to be
known as the `Ultra-Deepwater and Unconventional Resource Technology
Advisory Committee'.
(A) COMPOSITION- Subject to subparagraph (B), the advisory committee
shall be composed of 7 members appointed by the Secretary that--
(i) have extensive operational knowledge of and experience in the
natural gas and other petroleum exploration and production industry;
and
(ii) are not Federal employees or employees of contractors to a
federal agency.
(B) EXPERTISE- Of the members of the advisory committee appointed
under subparagraph (A)--
(i) at least 4 members shall have extensive knowledge of
ultra-deepwater resource exploration and production
technologies;
(ii) at least 3 members shall have extensive knowledge of
unconventional resource exploration and production
technologies.
(3) DUTIES- The advisory committee shall advise the Secretary in the
implementation of this section.
(4) COMPENSATION- A member of the advisory committee shall serve without
compensation but shall receive travel expenses, including per diem in lieu
of subsistence, in accordance with applicable provisions under subchapter I
of chapter 57 of title 5, United States Code.
(A) Ultra-deepwater resources-
(i) IN GENERAL- The Secretary shall make awards for research into,
and development and demonstration of, ultra-deepwater resource
exploration and production technologies--
(I) to maximize the value of the ultra-deepwater resources of the
United States;
(II) to increase the supply of ultra-deepwater resources by
lowering the cost and improving the efficiency of exploration and
production of such resources; and
(III) to improve safety and minimize negative environmental
impacts of that exploration and production.
(ii) ULTRA-DEEPWATER ARCHITECTURE- In furtherance of the purposes
described in clause (i), the Secretary shall, where appropriate, solicit
proposals from a managing consortium to develop and demonstrate
next-generation architecture for ultra-deepwater resource
production.
(B) UNCONVENTIONAL RESOURCES- The Secretary shall make
awards--
(i) to carry out research into, and development and demonstration
of, technologies to maximize the value of unconventional resources;
and
(ii) to develop technologies to simultaneously--
(I) increase the supply of unconventional resources by lowering
the cost and improving the efficiency of exploration and production of
unconventional resources; and
(II) improve safety and minimize negative environmental impacts of
that exploration and production.
(2) CONDITIONS- An award made under this subsection shall be subject to
the following conditions:
(A) MULTIPLE ENTITIES- If an award recipient is composed of more than
one eligible organization, the recipient shall provide a signed contract,
agreed to by all eligible organizations comprising the award recipient,
that defines, in a manner that is consistent with all applicable law in
effect as of the date of the contract, all rights to intellectual property
for--
(i) technology in existence as of that date; and
(ii) future inventions conceived and developed using funds provided
under the award.
(B) COMPONENTS OF APPLICATION- An application for an award for a
demonstration project shall describe with specificity any intended
commercial applications of the technology to be demonstrated.
(C) COST SHARING- Non-federal cost sharing shall be in accordance with
section 1403.
(1) IN GENERAL- The Secretary, and where appropriate, a managing
consortium under subsection (d)(1)(A)(ii), shall formulate annual operating
and performance objectives, develop multi-year technology roadmaps, and
establish research and development priorities for the funding of activities
under this section which will serve as guidelines for making awards
including cost-matching objectives.
(2) INDUSTRY INPUT- In carrying out this program, the Secretary shall
promote maximum industry input through the use of managing consortia or
other organizations in planning and executing the research areas and
conducting workshops or reviews to ensure that this program focuses on
industry problems and needs.
(1) IN GENERAL- The Secretary shall retain an independent, commercial
auditor to determine the extent to which funds authorized by this section,
provided through a managing consortium, are expended in a manner consistent
with the purposes of this section.
(2) REPORTS- The auditor retained under paragraph (1) shall submit to
the Secretary, and the Secretary shall transmit to the appropriate
congressional committees, an annual report that describes--
(A) the findings of the auditor under paragraph (1); and
(B) a plan under which the Secretary may remedy any deficiencies
identified by the auditor.
(g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary such sums as may be necessary to carry out this
section.
(h) TERMINATION OF AUTHORITY- The authority provided by this section shall
terminate on September 30, 2009.
(i) SAVINGS PROVISION- Nothing in this section is intended to displace,
duplicate or diminish any previously authorized research activities of the
Department of Energy.
SEC. 1235. RESEARCH AND DEVELOPMENT FOR NEW NATURAL GAS TRANSPORTATION
TECHNOLOGIES.
The Secretary of Energy shall conduct a comprehensive five-year program
for research, development and demonstration to improve the reliability,
efficiency, safety and integrity of the natural gas transportation and
distribution infrastructure and for distributed energy resources (including
microturbines, fuel cells, advanced engine-generators, gas turbines,
reciprocating engines, hybrid power generation systems, and all ancillary
equipment for dispatch, control and maintenance).
SEC. 1236. AUTHORIZATION OF APPROPRIATIONS FOR OFFICE OF ARCTIC ENERGY.
There are authorized to be appropriated to the Secretary for the Office of
Arctic Energy under section 3197 of the Floyd D. Spence National Defense
Authorization Act for Fiscal Year 2001 (Public Law 106-398) such sums as may
be necessary, but not to exceed $25,000,000 for each of fiscal years 2003
through 2011.
Subtitle D--Nuclear Energy
SEC. 1241. ENHANCED NUCLEAR ENERGY RESEARCH AND DEVELOPMENT.
(a) PROGRAM DIRECTION- The Secretary shall conduct an energy research,
development, demonstration, and technology deployment program to enhance
nuclear energy.
(b) PROGRAM GOALS- The program shall--
(1) support research related to existing United States nuclear power
reactors to extend their lifetimes and increase their reliability while
optimizing their current operations for greater efficiencies;
(2) examine advanced proliferation-resistant and passively safe reactor
designs, new reactor designs with higher efficiency, lower cost, and
improved safety, proliferation-resistant and high burn-up nuclear fuels,
minimization of generation of radioactive materials, improved nuclear waste
management technologies, and improved instrumentation science;
(3) attract new students and faculty to the nuclear sciences and nuclear
engineering and related fields (including health physics and nuclear and
radiochemistry) through--
(A) university-based fundamental research for existing faculty and new
junior faculty;
(B) support for the re-licensing of existing training reactors at
universities in conjunction with industry; and
(C) completing the conversion of existing training reactors with
proliferation resistant fuels that are low enriched and to adapt those
reactors to new investigative uses;
(4) maintain a national capability and infrastructure to produce medical
isotopes and ensure a well trained cadre of nuclear medicine specialists in
partnership with industry;
(5) ensure that our nation has adequate capability to power future
satellite and space missions; and
(6) maintain, where appropriate through a prioritization process, a
balanced research infrastructure so that future research programs can use
these facilities.
(c) Authorization of Appropriations-
(1) CORE NUCLEAR RESEARCH PROGRAMS- There are authorized to be
appropriated to the Secretary for carrying out research, development,
demonstration, and technology deployment activities under subsection (b)(1)
through (3)--
(A) $100,000,000 for fiscal year 2003;
(B) $110,000,000 for fiscal year 2004;
(C) $120,000,000 for fiscal year 2005; and
(D) $130,000,000 for fiscal year 2006.
(2) SUPPORTING NUCLEAR ACTIVITIES- There are authorized to be
appropriated to the Secretary for carrying out activities under subsection
(b)(4) through (6), as well as nuclear facilities management and program
direction--
(A) $200,000,000 for fiscal year 2003;
(B) $202,000,000 for fiscal year 2004;
(C) $207,000,000 for fiscal year 2005; and
(D) $212,000,000 for fiscal year 2006.
SEC. 1242. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT.
(a) ESTABLISHMENT- The Secretary shall support a program to maintain the
nation's human resource investment and infrastructure in the nuclear sciences
and engineering and related fields (including health physics and nuclear and
radiochemistry), consistent with departmental missions related to civilian
nuclear research and development.
(b) DUTIES- In carrying out the program under this section, the Secretary
shall--
(1) develop a graduate and undergraduate fellowship program to attract
new and talented students;
(2) assist universities in recruiting and retaining new faculty in the
nuclear sciences and engineering through a Junior Faculty Research
Initiation Grant Program;
(3) support fundamental nuclear sciences and engineering research
through the Nuclear Engineering Education Research Program;
(4) encourage collaborative nuclear research between industry, national
laboratories and universities through the Nuclear Energy Research
Initiative; and
(5) support communication and outreach related to nuclear science and
engineering.
(c) MAINTAINING UNIVERSITY RESEARCH AND TRAINING REACTORS AND ASSOCIATED
INFRASTRUCTURE- Activities under this section may include:
(1) converting research reactors to low-enrichment fuels, upgrading
operational instrumentation, and sharing of reactors among
universities;
(2) providing technical assistance, in collaboration with the U.S.
nuclear industry, in re-licensing and upgrading training reactors as part of
a student training program;
(3) providing funding for reactor improvements as part of a focused
effort that emphasizes research, training, and education.
(d) UNIVERSITY-NATIONAL LABORATORY INTERACTIONS- The Secretary shall
develop--
(1) a sabbatical fellowship program for university professors to spend
extended periods of time at National Laboratories in the areas of nuclear
science and technology; and
(2) a visiting scientist program in which National Laboratory staff can
spend time in academic nuclear science and engineering departments. The
Secretary may provide for fellowships for students to spend time at National
Laboratories in the area of nuclear science with a member of the Laboratory
staff acting as a mentor.
(e) OPERATING AND MAINTENANCE COSTS- Funding for a research project
provided under this section may be used to offset a portion of the operating
and maintenance costs of a university research reactor used in the research
project, on a cost-shared basis with the university.
(f) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized under section
1241(c)(1), the following amounts are authorized for activities under this
section--
(1) $33,000,000 for fiscal year 2003;
(2) $37,900,000 for fiscal year 2004;
(3) $43,600,000 for fiscal year 2005; and
(4) $50,100,000 for fiscal year 2006.
SEC. 1243. NUCLEAR ENERGY RESEARCH INITIATIVE.
(a) ESTABLISHMENT- The Secretary shall support a Nuclear Energy Research
Initiative for grants for research relating to nuclear energy.
(b) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized under section
1241(c), there are authorized to be appropriated to the Secretary for
activities under this section such sums as are necessary for each fiscal
year.
SEC. 1244. NUCLEAR ENERGY PLANT OPTIMIZATION PROGRAM.
(a) ESTABLISHMENT- The Secretary shall support a Nuclear Energy Plant
Optimization Program for grants to improve nuclear energy plant reliability,
availability, and productivity. Notwithstanding section 1403, the program
shall require industry cost-sharing of at least 50 percent and be subject to
annual review by the Nuclear Energy Research Advisory Committee of the
Department.
(b) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized under section
1241(c), there are authorized to be appropriated to the Secretary for
activities under this section such sums as are necessary for each fiscal
year.
SEC. 1245. NUCLEAR ENERGY TECHNOLOGY DEVELOPMENT PROGRAM.
(a) ESTABLISHMENT- The Secretary shall support a Nuclear Energy Technology
Development Program to develop a technology roadmap to design and develop new
nuclear energy powerplants in the United States.
(b) GENERATION IV REACTOR STUDY- The Secretary shall, as part of the
program under subsection (a), also conduct a study of Generation IV nuclear
energy systems, including development of a technology roadmap and performance
of research and development necessary to make an informed technical decision
regarding the most promising candidates for commercial deployment. The study
shall examine advanced proliferation-resistant and passively safe reactor
designs, new reactor designs with higher efficiency, lower cost and improved
safety, proliferation-resistant and high burn-up fuels, minimization of
generation of radioactive materials, improved nuclear waste management
technologies, and improved instrumentation science. Not later than December
31, 2002, the Secretary shall submit to Congress a report describing the
results of the study.
(c) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized to be
appropriated under section 1241(c), there are authorized to be appropriated to
the Secretary for activities under this section such sums as are necessary for
each fiscal year.
Subtitle E--Fundamental Energy Science
SEC. 1251. ENHANCED PROGRAMS IN FUNDAMENTAL ENERGY SCIENCE.
(a) PROGRAM DIRECTION- The Secretary, acting through the Office of
Science, shall--
(1) conduct a comprehensive program of fundamental research, including
research on chemical sciences, physics, materials sciences, biological and
environmental sciences, geosciences, engineering sciences, plasma sciences,
mathematics, and advanced scientific computing;
(2) maintain, upgrade and expand the scientific user facilities
maintained by the Office of Science and ensure that they are an integral
part of the departmental mission for exploring the frontiers of fundamental
science;
(3) maintain a leading-edge research capability in the energy-related
aspects of nanoscience and nanotechnology, advanced scientific computing and
genome research; and
(4) ensure that its fundamental science programs, where appropriate,
help inform the applied research and development programs of the
Department.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary for carrying out research, development,
demonstration, and technology deployment activities under this subtitle--
(1) $3,785,000,000 for fiscal year 2003;
(2) $4,153,000,000 for fiscal year 2004;
(3) $4,586,000,000 for fiscal year 2005; and
(4) $5,000,000,000 for fiscal year 2006.
SEC. 1252. NANOSCALE SCIENCE AND ENGINEERING RESEARCH.
(a) ESTABLISHMENT- The Secretary, acting through the Office of Science,
shall support a program of research and development in nanoscience and
nanoengineering consistent with the Department's statutory authorities related
to research and development. The program shall include efforts to further the
understanding of the chemistry, physics, materials science and engineering of
phenomena on the scale of 1 to 100 nanometers.
(b) DUTIES OF THE OFFICE OF SCIENCE- In carrying out the program under
this section, the Office of Science shall--
(1) support both individual investigators and multidisciplinary teams of
investigators;
(2) pursuant to subsection (c), develop, plan, construct, acquire, or
operate special equipment or facilities for the use of investigators
conducting research and development in nanoscience and
nanoengineering;
(3) support technology transfer activities to benefit industry and other
users of nanoscience and nanoengineering; and
(4) coordinate research and development activities with industry and
other federal agencies.
(c) Nanoscience and Nanoengineering Research Centers and Major
Instrumentation-
(1) AUTHORIZATION- From amounts authorized to be appropriated under
section 1251(b), the amounts specified under subsection (d)(2) shall,
subject to appropriations, be available for projects to develop, plan,
construct, acquire, or operate special equipment, instrumentation, or
facilities for investigators conducting research and development in
nanoscience and nanoengineering.
(2) PROJECTS- Projects under paragraph (1) may include the measurement
of properties at the scale of 1 to 100 nanometers, manipulation at such
scales, and the integration of technologies based on nanoscience or
nanoengineering into bulk materials or other technologies.
(3) FACILITIES- Facilities under paragraph (1) may include electron
microcharacterization facilities, microlithography facilities, scanning
probe facilities and related instrumentation science.
(4) COLLABORATION- The Secretary shall encourage collaborations among
universities, laboratories and industry at facilities under this subsection.
At least one facility under this subsection shall have a specific mission of
technology transfer to other institutions and to industry.
(d) Authorization of Appropriations-
(1) TOTAL AUTHORIZATION- From amounts authorized to be appropriated
under section 1251(b), the following amounts are authorized for activities
under this section--
(A) $270,000,000 for fiscal year 2003;
(B) $290,000,000 for fiscal year 2004;
(C) $310,000,000 for fiscal year 2005; and
(D) $330,000,000 for fiscal year 2006.
(2) NANOSCIENCE AND NANOENGINEERING RESEARCH CENTERS AND MAJOR
INSTRUMENTATION- Of the amounts under paragraph (1), the following amounts
are authorized to carry out subsection (c)--
(A) $135,000,000 for fiscal year 2003;
(B) $150,000,000 for fiscal year 2004;
(C) $120,000,000 for fiscal year 2005; and
(D) $100,000,000 for fiscal year 2006.
SEC. 1253. ADVANCED SCIENTIFIC COMPUTING FOR ENERGY MISSIONS.
(a) ESTABLISHMENT- The Secretary, acting through the Office of Science,
shall support a program to advance the Nation's computing capability across a
diverse set of grand challenge computationally based science problems related
to departmental missions.
(b) DUTIES OF THE OFFICE OF SCIENCE- In carrying out the program under
this section, the Office of Science shall--
(1) advance basic science through computation by developing software to
solve grand challenge science problems on new generations of computing
platforms,
(2) enhance the foundations for scientific computing by developing the
basic mathematical and computing systems software needed to take full
advantage of the computing capabilities of computers with peak speeds of 100
teraflops or more, some of which may be unique to the scientific problem of
interest,
(3) enhance national collaboratory and networking capabilities by
developing software to integrate geographically separated researchers into
effective research teams and to facilitate access to and movement and
analysis of large (petabyte) data sets, and
(4) maintain a robust scientific computing hardware infrastructure to
ensure that the computing resources needed to address DOE missions are
available; explore new computing approaches and technologies that promise to
advance scientific computing.
(c) HIGH-PERFORMANCE COMPUTING ACT PROGRAM- Section 203(a) of the
High-Performance Computing Act of 1991 (15 U.S.C. 5523(a)) is amended--
(1) in paragraph (3), by striking `and';
(2) in paragraph (4), by striking the period and inserting `; and';
and
(3) by adding after paragraph (4) the following: `(5) conduct an
integrated program of research, development, and provision of facilities to
develop and deploy to scientific and technical users the high-performance
computing and collaboration tools needed to fulfill the statutory missions
of the Department of Energy in conducting basic and applied energy
research.'.
(d) COORDINATION WITH THE DOE NATIONAL NUCLEAR SECURITY AGENCY ACCELERATED
STRATEGIC COMPUTING INITIATIVE AND OTHER NATIONAL COMPUTING PROGRAMS- The
Secretary shall ensure that this program, to the extent feasible, is
integrated and consistent with--
(1) the Accelerated Strategic Computing Initiative of the National
Nuclear Security Agency; and
(2) other national efforts related to advanced scientific computing for
science and engineering.
(e) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized under section
1251(b), the following amounts are authorized for activities under this
section--
(1) $285,000,000 for fiscal year 2003;
(2) $300,000,000 for fiscal year 2004;
(3) $310,000,000 for fiscal year 2005; and
(4) $320,000,000 for fiscal year 2006.
SEC. 1254. FUSION ENERGY SCIENCES PROGRAM AND PLANNING.
(a) Overall Plan for Fusion Energy Sciences Program-
(1) IN GENERAL- Not later than 6 months after the date of enactment of
this subtitle, the Secretary, after consultation with the Fusion Energy
Sciences Advisory Committee, shall develop and transmit to the Congress a
plan to ensure a strong scientific base for the Fusion Energy Sciences
Program within the Office of Science and to enable the experiments described
in subsections (b) and (c).
(2) OBJECTIVES OF PLAN- The plan under this subsection shall include as
its objectives--
(A) to ensure that existing fusion research facilities and equipment
are more fully utilized with appropriate measurements and control
tools;
(B) to ensure a strengthened fusion science theory and computational
base;
(C) to encourage and ensure that the selection of and funding for new
magnetic and inertial fusion research facilities is based on scientific
innovation and cost effectiveness;
(D) to improve the communication of scientific results and methods
between the fusion science community and the wider scientific
community;
(E) to ensure that adequate support is provided to optimize the design
of the magnetic fusion burning plasma experiments referred to in
subsections (b) and (c); and
(F) to ensure that inertial confinement fusion facilities are utilized
to the extent practicable for the purpose of inertial fusion energy
research and development.
(b) Plan for United States Fusion Experiment-
(1) IN GENERAL- The Secretary, after consultation with the Fusion Energy
Sciences Advisory Committee, shall develop a plan for construction in the
United States of a magnetic fusion burning plasma experiment for the purpose
of accelerating scientific understanding of fusion plasmas. The Secretary
shall request a review of the plan by the National Academy of Sciences and
shall transmit the plan and the review to the Congress by July 1,
2004.
(2) REQUIREMENTS OF PLAN- The plan described in paragraph (1)
shall--
(A) address key burning plasma physics issues; and
(B) include specific information on the scientific capabilities of the
proposed experiment, the relevance of these capabilities to the goal of
practical fusion energy, and the overall design of the experiment
including its estimated cost and potential construction sites.
(c) PLAN FOR PARTICIPATION IN AN INTERNATIONAL EXPERIMENT- In addition to
the plan described in subsection (b), the Secretary, after consultation with
the Fusion Energy Sciences Advisory Committee, may also develop a plan for
United States participation in an international burning plasma experiment for
the same purpose, whose construction is found by the Secretary to be highly
likely and where United States participation is cost-effective relative to the
cost and scientific benefits of a domestic experiment described in subsection
(b). If the Secretary elects to develop a plan under this subsection, he shall
include the information described in subsection (b)(2), and an estimate of the
cost of United States participation in such an international experiment. The
Secretary shall request a review by the National Academy of Sciences of a plan
developed under this subsection, and shall transmit the plan and the review to
the Congress no later than July 1, 2004.
(d) AUTHORIZATION FOR RESEARCH AND DEVELOPMENT- The Secretary, through the
Office of Science, may conduct any research and development necessary to fully
develop the plans described in this section.
(e) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized under section
1251(b) for fiscal year 2003, $335,000,000 are authorized for fiscal year 2003
for activities under this section and for activities of the Fusion Energy
Sciences Program.
Subtitle F--Energy, Safety, and Environmental Protection
SEC. 1261. CRITICAL ENERGY INFRASTRUCTURE PROTECTION RESEARCH AND
DEVELOPMENT.
(a) IN GENERAL- The Secretary shall carry out a research, development,
demonstration and technology deployment program, in partnership with industry,
on critical energy infrastructure protection, consistent with the roles and
missions outlined for the Secretary in Presidential Decision Directive 63,
entitled `Critical Infrastructure Protection'. The program shall have the
following goals:
(1) Increase the understanding of physical and information system
disruptions to the energy infrastructure that could result in cascading or
widespread regional outages.
(2) Develop energy infrastructure assurance `best practices' through
vulnerability and risk assessments.
(3) Protect against, mitigate the effect of, and improve the ability to
recover from disruptive incidents within the energy infrastructure.
(b) PROGRAM SCOPE- The program under subsection (a) shall include
research, development, deployment, technology demonstration for--
(1) analysis of energy infrastructure interdependencies to quantify the
impacts of system vulnerabilities in relation to each other;
(2) probabilistic risk assessment of the energy infrastructure to
account for unconventional and terrorist threats;
(3) incident tracking and trend analysis tools to assess the severity of
threats and reported incidents to the energy infrastructure; and (4)
integrated multi-sensor, warning and mitigation technologies to detect,
integrate, and localize events affecting the energy infrastructure including
real time control to permit the reconfiguration of energy delivery
systems.
(c) REGIONAL COORDINATION- The program under this section shall cooperate
with Departmental activities to promote regional coordination under section
102 of this Act, to ensure that the technologies and assessments developed by
the program are transferred in a timely manner to State and local authorities,
and to the energy industries.
(d) COORDINATION WITH INDUSTRY RESEARCH ORGANIZATIONS- The Secretary may
enter into grants, contracts, and cooperative agreements with industry
research organizations to facilitate industry participation in research under
this section and to fulfill applicable cost-sharing requirements.
(e) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for each
of fiscal years 2003 through 2006.
(f) CRITICAL ENERGY INFRASTRUCTURE FACILITY DEFINED- For purposes of this
section, the term `critical energy infrastructure facility' means a physical
or cyber-based system or service for the generation, transmission or
distribution of electrical energy, or the production, refining,
transportation, or storage of petroleum, natural gas, or petroleum product,
the incapacity or destruction of which would have a debilitating impact on the
defense or economic security of the United States. The term shall not include
a facility that is licensed by the Nuclear Regulatory Commission under section
103 or 104b of the Atomic Energy Act of 1954 (42 U.S.C. 2133 and 2134(b)).
SEC. 1262. PIPELINE INTEGRITY, SAFETY, AND RELIABILITY RESEARCH AND
DEVELOPMENT.
(a) IN GENERAL- The Secretary of Transportation, in coordination with the
Secretary of Energy, shall develop and implement an accelerated cooperative
program of research and development to ensure the integrity of natural gas and
hazardous liquid pipelines. This research and development program shall
include materials inspection techniques, risk assessment methodology, and
information systems surety.
(b) PURPOSE- The purpose of the cooperative research program shall be to
promote research and development to--
(1) ensure long-term safety, reliability and service life for existing
pipelines;
(2) expand capabilities of internal inspection devices to identify and
accurately measure defects and anomalies;
(3) develop inspection techniques for pipelines that cannot accommodate
the internal inspection devices available on the date of enactment;
(4) develop innovative techniques to measure the structural integrity of
pipelines to prevent pipeline failures;
(5) develop improved materials and coatings for use in pipelines;
(6) improve the capability, reliability, and practicality of external
leak detection devices;
(7) identify underground environments that might lead to shortened
service life;
(8) enhance safety in pipeline siting and land use;
(9) minimize the environmental impact of pipelines;
(10) demonstrate technologies that improve pipeline safety, reliability,
and integrity;
(11) provide risk assessment tools for optimizing risk mitigation
strategies; and
(12) provide highly secure information systems for controlling the
operation of pipelines.
(c) AREAS- In carrying out this section, the Secretary of Transportation,
in coordination with the Secretary of Energy, shall consider research and
development on natural gas, crude oil, and petroleum product pipelines
for--
(1) early crack, defect, and damage detection, including real-time
damage monitoring;
(2) automated internal pipeline inspection sensor systems;
(3) land use guidance and set back management along pipeline
rights-of-way for communities;
(4) internal corrosion control;
(5) corrosion-resistant coatings;
(6) improved cathodic protection;
(7) inspection techniques where internal inspection is not feasible,
including measurement of structural integrity;
(8) external leak detection, including portable real-time video imaging
technology, and the advancement of computerized control center leak
detection systems utilizing real-time remote field data input;
(9) longer life, high strength, non-corrosive pipeline materials;
(10) assessing the remaining strength of existing pipes;
(11) risk and reliability analysis models, to be used to identify safety
improvements that could be realized in the near term resulting from analysis
of data obtained from a pipeline performance tracking initiative;
(12) identification, monitoring, and prevention of outside force damage,
including satellite surveillance; and
(13) any other areas necessary to ensuring the public safety and
protecting the environment.
(d) RESEARCH AND DEVELOPMENT PROGRAM PLAN- Within 240 days after the date
of enactment of this section, the Secretary of Transportation, in coordination
with the Secretary of Energy and the Pipeline Integrity Technical Advisory
Committee, shall prepare and submit to the Congress a five-year program plan
to guide activities under this section. In preparing the program plan, the
Secretary shall consult with appropriate representatives of the natural gas,
crude oil, and petroleum product pipeline industries to select and prioritize
appropriate project proposals. The Secretary may also seek the advice of
utilities, manufacturers, institutions of higher learning, Federal agencies,
the pipeline research institutions, national laboratories, State pipeline
safety officials, environmental organizations, pipeline safety advocates, and
professional and technical societies.
(e) IMPLEMENTATION- The Secretary of Transportation shall have primary
responsibility for ensuring the five-year plan provided for in subsection (d)
is implemented as intended by this section. In carrying out the research,
development, and demonstration activities under this section, the Secretary of
Transportation and the Secretary of Energy may use, to the extent authorized
under applicable provisions of law, contracts, cooperative agreements,
cooperative research and development agreements under the Stevenson-Wydler
Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.), grants, joint
ventures, other transactions, and any other form of agreement available to the
Secretary consistent with the recommendations of the Advisory Committee.
(f) REPORTS TO CONGRESS- The Secretary of Transportation shall report to
the Congress annually as to the status and results to date of the
implementation of the research and development program plan. The report shall
include the activities of the Departments of Transportation and Energy, the
natural laboratories, universities, and any other research organizations,
including industry research organizations.
(g) PIPELINE INTEGRITY TECHNICAL ADVISORY COMMITTEE-
(1) ESTABLISHMENT- The Secretary of Transportation shall enter into
appropriate arrangements with the National Academy of Sciences to establish
and manage the Pipeline Integrity Technical Advisory Committee for the
purpose of advising the Secretary of Transportation and the Secretary of
Energy on the development and implementation of the research and development
program plan under subsection (d). The Advisory Committee shall have an
ongoing role in evaluating the progress and results of the research,
development, and demonstration carried out under this section.
(2) MEMBERSHIP- The National Academy of Sciences shall appoint the
members of the Pipeline Integrity Technical Advisory Committee after
consultation with the Secretary of Transportation and the Secretary of
Energy. Members appointed to the Advisory Committee should have the
necessary qualifications to provide technical contributions to the purposes
of the Advisory Committee.
(h) AUTHORIZATION OF APPROPRIATIONS-
(1) There are authorized to be appropriated to the Secretary of
Transportation for carrying out this section $3,000,000, to be derived from
user fees under section 60301 of title 49, United States Code, for each of
the fiscal years 2003 through 2006.
(2) Of the amounts available in the Oil Spill Liability Trust Fund
established by section 9509 of the Internal Revenue Code of 1986 (26 U.S.C.
9509), $3,000,000 shall be transferred to the Secretary of Transportation,
as provided in appropriation Acts, to carry out programs for detection,
prevention and mitigation of oil spills under this section for each of the
fiscal years 2003 through 2006.
(3) There are authorized to be appropriated to the Secretary of Energy
for carrying out this section such sums as may be necessary for each of the
fiscal years 2003 through 2006.
SEC. 1263. RESEARCH AND DEMONSTRATION FOR REMEDIATION OF GROUNDWATER FROM
ENERGY ACTIVITIES.
(a) IN GENERAL- The Secretary shall carry out a research, development,
demonstration, and technology deployment program to improve methods for
environmental restoration of groundwater contaminated by energy activities,
including oil and gas production, surface and underground mining of coal, and
in-situ extraction of energy resources.
(b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary to carry out this section $10,000,000 for each
of fiscal years 2003 through 2006.
TITLE XIII--CLIMATE CHANGE-RELATED RESEARCH AND
DEVELOPMENT
Subtitle A--Department of Energy Programs
SEC. 1301. PROGRAM GOALS.
The goals of the research, development, demonstration, and technology
deployment programs under this subtitle shall be to--
(1) provide a sound scientific understanding of the human and natural
forces that influence the Earth's climate system, particularly those forces
related to energy production and use;
(2) help mitigate climate change from human activities related to energy
production and use; and
(3) reduce, avoid, or sequester emissions of greenhouse gases in
furtherance of the goals of the United National Framework Convention on
Climate Change, done at New York on May 9, 1992, in a manner that does not
result in serious harm to the U.S. economy.
SEC. 1302. DEPARTMENT OF ENERGY GLOBAL CHANGE SCIENCE RESEARCH.
(a) PROGRAM DIRECTION- The Secretary, acting through the Office of
Science, shall conduct a comprehensive research program to understand and
address the effects of energy production and use on the global climate
system.
(1) CLIMATE MODELING- The Secretary shall--
(A) conduct observational and analytical research to acquire and
interpret the data needed to describe the radiation balance from the
surface of the Earth to the top of the atmosphere;
(B) determine the factors responsible for the Earth's radiation
balance and incorporate improved understanding of such factors in climate
models;
(C) improve the treatment of aerosols and clouds in climate
models;
(D) reduce the uncertainty in decade-to-century model-based
projections of climate change; and
(E) increase the availability and utility of climate change
simulations to researchers and policy makers interested in assessing the
relationship between energy and climate change.
(2) CARBON CYCLE- The Secretary shall--
(A) carry out field research and modeling activities--
(i) to understand and document the net exchange of carbon dioxide
between major terrestrial ecosystems and the atmosphere; or
(ii) to evaluate the potential of proposed methods of carbon
sequestration;
(B) develop and test carbon cycle models; and
(C) acquire data and develop and test models to simulate and predict
the transport, transformation, and fate of energy-related emissions in the
atmosphere.
(3) ECOLOGICAL PROCESSES- The Secretary shall carry out long-term
experiments of the response of intact terrestrial ecosystems to--
(A) alterations in climate and atmospheric composition; or
(B) land-use changes that affect ecosystem extent and
function.
(4) INTEGRATED ASSESSMENT- The Secretary shall develop and improve
methods and tools for integrated analyses of the climate change system from
emissions of aerosols and greenhouse gases to the consequences of these
emissions on climate and the resulting effects of human-induced climate
change on economic and social systems, with emphasis on critical gaps in
integrated assessment modeling, including modeling of technology innovation
and diffusion and the development of metrics of economic costs of climate
change and policies for mitigating or adapting to climate change.
(c) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized under section
1440(c), there are authorized to be appropriated to the Secretary for carrying
out activities under this section--
(1) $150,000,000 for fiscal year 2003;
(2) $175,000,000 for fiscal year 2004;
(3) $200,000,000 for fiscal year 2005; and
(4) $230,000,000 for fiscal year 2006.
(d) LIMITATION ON FUNDS- Funds authorized to be appropriated under this
section shall not be used for the development, demonstration, or deployment of
technology to reduce, avoid, or sequester greenhouse gas emissions.
SEC. 1303. AMENDMENTS TO THE FEDERAL NONNUCLEAR RESEARCH AND DEVELOPMENT ACT
OF 1974.
Section 6 of the Federal Nonnuclear Energy Research and Development Act of
1974 (42 U.S.C. 5905) is amended--
(A) in paragraph (2), by striking `and' at the end;
(B) in paragraph (3) by striking the period at the end and inserting
`, and'; and
(C) by adding at the end the following:
`(4) solutions to the effective management of greenhouse gas emissions
in the long term by the development of technologies and practices designed
to--
`(A) reduce or avoid anthropogenic emissions of greenhouse
gases;
`(B) remove and sequester greenhouse gases from emissions streams;
and
`(C) remove and sequester greenhouse gases from the atmosphere.';
and
(A) in paragraph (2), by striking `subsection (a)(1) through (3)' and
inserting `paragraphs (1) through (4) of subsection (a)'; and
(i) in subparagraph (R), by striking `and' at the end;
(ii) in subparagraph (S), by striking the period at the end and
inserting `; and'; and
(iii) by adding at the end the following:
`(T) to pursue a long-term climate technology strategy designed to
demonstrate a variety of technologies by which stabilization of greenhouse
gases might be best achieved, including accelerated research, development,
demonstration and deployment of--
`(i) renewable energy systems;
`(ii) advanced fossil energy technology;
`(iii) advanced nuclear power plant design;
`(iv) fuel cell technology for residential, industrial and
transportation applications;
`(v) carbon sequestration practices and technologies, including
agricultural and forestry practices that store and sequester
carbon;
`(vi) efficient electrical generation, transmission and distribution
technologies; and
`(vii) efficient end use energy technologies.'.
Subtitle B--Department of Agriculture Programs
SEC. 1311. CARBON SEQUESTRATION BASIC AND APPLIED RESEARCH.
(1) IN GENERAL- The Secretary of Agriculture shall carry out research in
the areas of soil science that promote understanding of--
(A) the net sequestration of organic carbon in soil; and
(B) net emissions of other greenhouse bases from agriculture.
(2) Agricultural Research Service- The Secretary of Agriculture, acting
through the Agricultural Research Service, shall collaborate with other
Federal agencies in developing data and carrying out research addressing
soil carbon fluxes (losses and gains) and net emissions of methane and
nitrous oxide from cultivation and animal management activities.
(3) COOPERATIVE STATE RESEARCH EXTENSION AND EDUCATION SERVICE-
(A) IN GENERAL- The Secretary of Agriculture, acting through the
Cooperative State Research Extension and Education Service, shall
establish a competitive giant program to carry out research on the matters
described in paragraph (1) in land grant universities and other research
institutions.
(B) CONSULTATION ON RESEARCH TOPICS- Before issuing a request for
proposals for basic research under paragraph (1), the Cooperative State
Research, Education, and Extension Service shall consult with the
Agricultural Research Service to ensure that proposed research areas are
complementary with and do not duplicate research projects underway at the
Agricultural Research Service or other Federal agencies.
(1) IN GENERAL- The Secretary of Agriculture shall carry out applied
research in the areas of soil science, agronomy, agricultural economics and
other agricultural sciences to--
(A) promote understanding of--
(i) how agricultural and forestry practices affect the sequestration
of organic and inorganic carbon in soil and net emissions of other
greenhouse gases;
(ii) how changes in soil carbon pools are cost-effectively measured,
monitored, and verified; and
(iii) how public programs and private market approaches can be
devised to incorporate carbon sequestration in a broader societal
greenhouse gas emission reduction effort;
(B) develop methods for establishing baselines for measuring the
quantities of carbon and other greenhouse gases sequestered; and
(C) evaluate leakage and performance issues.
(2) REQUIREMENTS- To the maximum extent practicable, applied research
under paragraph (1) shall--
(A) draw on existing technologies and methods; and
(B) strive to provide methodologies that are accessible to a
nontechnical audience.
(3) MINIMIZATION OF ADVERSE ENVIRONMENTAL IMPACTS- All applied research
under paragraph (1) shall be conducted with an emphasis on minimizing
adverse environmental impacts.
(4) NATURAL RESOURCES CONSERVATION SERVICE- The Secretary of
Agriculture, acting through the Natural Resources Conservation Service,
shall collaborate with other Federal agencies, including the National
Institute of Standards and Technology, in developing new measuring
techniques and equipment or adapting existing techniques and equipment to
enable cost-effective and accurate monitoring and verification, for a wide
range of agricultural and forestry practices, of--
(A) changes in soil carbon content in agricultural soils, plants, and
trees; and
(B) net emissions of other greenhouse gases.
(5) COOPERATIVE STATE RESEARCH EXTENSION AND EDUCATION SERVICE-
(A) IN GENERAL- The Secretary of Agriculture, acting through the
Cooperative State Research Extension and Education Service, shall
establish a competitive grant
program to encourage research on the matters described in paragraph (1) by
land grant universities and other research institutions.
(B) CONSULTATION ON RESEARCH TOPICS- Before issuing a request for
proposals for applied research under paragraph (1), the Cooperative State
Research, Education, and Extension Service shall consult with the National
Resources Conservation Service and the Agricultural Research Service to
ensure that proposed research areas are complementary with and do not
duplicate research projects underway at the Agricultural Research Service
or other Federal agencies.
(1) IN GENERAL- The Secretary of Agriculture may designate not more than
2 research consortia to carry out research projects under this section, with
the requirement that the consortia propose to conduct basic, research under
subsection (a) and applied research under subsection (b).
(2) SELECTION- The consortia shall be selected in a competitive manner
by the Cooperative State Research, Education, and Extension Service.
(3) ELIGIBLE CONSORTIUM PARTICIPANTS- Entities eligible to participate
in a consortium include--
(A) land grant colleges and universities;
(B) private research institutions;
(C) State geological surveys;
(D) agencies of the Department of Agriculture;
(E) research centers of the National Aeronautics and Space
Administration and the Department of Energy;
(F) other Federal agencies;
(G) representatives of agricultural businesses and organizations with
demonstrated expertise in these areas; and
(H) representatives of the private sector with demonstrated expertise
in these areas.
(4) RESERVATION OF FUNDING- If the Secretary of Agriculture designates 1
or 2 consortia, the Secretary of Agriculture shall reserve for research
projects carried out by the consortium or consortia not more than 25 percent
of the amounts made available to carry out this section for a fiscal
year.
(d) Standards of Precision-
(1) CONFERENCE- Not later than 3 years after the date of enactment of
this subtitle, the Secretary of Agriculture, acting through the Agricultural
Research Service and in consultation with the Natural Resources Conservation
Service, shall convene a conference of key scientific experts on carbon
sequestration and measurement techniques from various sectors (including the
government, academic, and private sectors) to--
(A) discuss and establish benchmark standards of precision for
measuring soil carbon content and net emissions of other greenhouse
gases;
(B) designate packages of measurement techniques and modeling
approaches to achieve a level of precision agreed on by the participants
in the conference; and
(C) evaluate results of analyses on baseline, permanence, and leakage
issues.
(2) REPORT- Not later than 180 days after the conclusion of the
conference under paragraph (1), the Secretary of Agriculture shall submit to
the Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate a report on
the results of the conference.
(e) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated to carry out
this section $25,000,000 for each of fiscal years 2003 through 2006.
(2) ALLOCATION- Of the amounts made available to carry out this section
for a fiscal year, at least 50 percent shall be allocated for competitive
grants by the Cooperative State Research, Education, and Extension
Service.
SEC. 1312. CARBON SEQUESTRATION DEMONSTRATION PROJECTS AND OUTREACH.
(a) Demonstration Projects-
(1) Development of monitoring programs-
(A) IN GENERAL- The Secretary of Agriculture, acting through the
Natural Resources Conservation Service and in cooperation with local
extension agents, experts from land grant universities, and other local
agricultural or conservation organizations, shall develop user-friendly,
programs that combine measurement tools and modeling techniques into
integrated packages to monitor the carbon sequestering benefits of
conservation practices and net changes in greenhouse gas
emissions.
(B) BENCHMARK LEVELS OF PRECISION- The programs developed under
subparagraph (A) shall strive to achieve benchmark levels of precision in
measurement in a cost-effective manner.
(A) IN GENERAL- The Secretary of Agriculture, acting through the Farm
Service Agency, shall establish a program under which projects use the
monitoring programs developed under paragraph (1) to demonstrate the
feasibility of methods of measuring, verifying, and monitoring--
(i) changes in organic carbon content and other carbon pools in
agricultural soils, plants, and trees; and
(ii) net changes in emissions of other greenhouse gases.
(B) EVALUATION OF IMPLICATIONS- The projects under subparagraph (A)
shall include evaluation of the implications for reassessed baselines,
carbon or other greenhouse gas leakage, and permanence of
sequestration.
(C) SUBMISSION OF PROPOSALS- Proposals for projects under subparagraph
(A) shall be submitted by the appropriate agency of each State, in
cooperation with interested local ,jurisdictions and State agricultural
and conservation organizations.
(D) LIMITATION- Not more than 10 projects under subparagraph (A) may
be approved in conjunction with applied research projects under section
1331(b) until benchmark measurement and assessment standards are
established under section 1331(d).
(1) IN GENERAL- The Cooperative State Research Extension and Education
Service shall widely disseminate information about the economic and
environmental benefits that can be generated by adoption of conservation
practices (including benefits from increased sequestration of carbon and
reduced emission of other greenhouse gases.
(2) PROJECT RESULTS- The Cooperative State Research Extension and
Education Service shall inform farmers, ranchers, and State agricultural and
energy offices in each State of--
(A) the results of demonstration projects under subsection (a)(2) in
the State; and
(B) the ways in which the methods demonstrated in the projects might
be applicable to the operations of those farmers and ranchers.
(3) POLICY OUTREACH- On a periodic basis, the Cooperative State Research
Extension and Education Service shall disseminate information on the police
nexus between global climate change mitigation strategies and agriculture,
so that farmers and ranchers may better understand the global implications
of the activities of farmers and ranchers.
(c) Authorization of Appropriations-
(1) IN GENERAL- There are authorized to be appropriated to carry out
this section $10,000,000 for each of fiscal years 2003 through 2006.
(2) ALLOCATION- Of the amounts made available to carry out this section
for a fiscal year, at least 50 percent shall be allocated for demonstration
projects under subsection (a)(2).
Subtitle C--Clean Energy Technology Exports Program
SEC. 1321. CLEAN ENERGY TECHNOLOGY EXPORTS PROGRAM.
(a) DEFINITIONS- In this section:
(1) CLEAN ENERGY TECHNOLOGY- The term `clean energy technology' means an
energy supply or end-use technology that, over its lifecycle and compared to
a similar technology already in commercial use in developing countries,
countries in transition, and other partner countries--
(A) emits substantially lower levels of pollutants or greenhouse
gases; and
(B) may generate substantially smaller or less toxic volumes of solid
or liquid waste.
(2) INTERAGENCY WORKING GROUP- The term `interagency working group'
means the Interagency Working Group on Clean Energy Technology Exports
established under subsection (b).
(b) Interagency Working Group-
(1) ESTABLISHMENT- Not later than 90 days after the date of enactment of
this section, the Secretary of Energy, the Secretary of Commerce, and the
Administrator of the U.S. Agency for International Development shall jointly
establish a Interagency Working Group on Clean Energy Technology Exports.
The interagency working group will focus on opening and expanding energy
markets and transferring clean energy technology to the developing
countries, countries in transition, and other partner countries that are
expected to experience, over the next 20 years, the most significant growth
in energy production and associated greenhouse gas emissions, including
through technology transfer programs under the Framework Convention on
Climate Change, other international agreements, and relevant Federal
efforts.
(2) MEMBERSHIP- The interagency working group shall be jointly chaired
by representatives appointed by the agency heads under paragraph (1) and
shall also include representatives from the Department of State, the
Department of Treasury, the Environmental Protection Agency, the
Export-Import Bank, the Overseas Private Investment Corporation, the Trade
and Development Agency, and other federal agencies as deemed appropriate by
all three agency heads under paragraph (1).
(3) DUTIES- The interagency working group shall--
(A) analyze technology, policy, and market opportunities for
international development, demonstration, and deployment of clean energy
technology;
(B) investigate issues associated with building capacity to deploy
clean energy technology in developing countries, countries in transition,
and other partner countries, including--
(i) energy-sector reform;
(ii) creation of open, transparent, and competitive markets for
energy technologies;
(iii) availability of trained personnel to deploy and maintain the
technology; and
(iv) demonstration and cost-buydown mechanisms to promote first
adoption of the technology;
(C) examine relevant trade, tax, international, and other policy
issues to assess what policies would help open markets and improve U.S.
clean energy technology exports in support of the following
areas:
(i) enhancing energy innovation and cooperation, including energy
sector and market reform, capacity building, and financing
measures;
(ii) improving energy end-use efficiency technologies, including
buildings and facilities, vehicle, industrial, and co-generation
technology initiatives; and
(iii) promoting energy supply technologies, including fossil,
nuclear, and renewable technology initiatives.
(D) establish an advisory committee involving the private sector and
other interested groups on the export and deployment of clean energy
technology;
(E) monitor each agency's progress towards meeting goals in the 5-year
strategic plan submitted to Congress pursuant to the Energy and Water
Development Appropriations Act, 2001, and the Energy and Water Development
Appropriations Act, 2002;
(F) make recommendations to heads of appropriate Federal agencies on
ways to streamline federal programs and policies improve each agency's
role in the international development, demonstration, and deployment of
clean energy technology;
(G) make assessments and recommendations regarding the distinct
technological, market, regional, and stakeholder challenges necessary to
carry out the program; and
(H) recommend conditions and criteria that will help ensure that
United States funds promote sound energy policies in participating
countries while simultaneously opening their markets and exporting United
States energy technology.
(c) FEDERAL SUPPORT FOR CLEAN ENERGY TECHNOLOGY TRANSFER- Notwithstanding
any other provision of law, each federal agency or government corporation
carrying out an assistance program in support of the activities of United
States persons in the environment or energy sector of a developing country,
country in transition, or other partner country shall support, to the maximum
extent practicable, the transfer of United States clean energy technology as
part of that program.
(d) ANNUAL REPORT- Not later than April 1, 2002, and each year thereafter,
the Interagency Working Group shall submit a report to Congress on its
activities during the preceding calendar year. The report shall include a
description of the technology, policy, and market opportunities for
international development, demonstration, and deployment of clean energy
technology investigated by the Interagency Working Group in that year, as well
as any policy recommendations to improve the expansion of clean energy markets
and U.S. clean energy technology exports.
(e) REPORT ON USE OF FUNDS- Not later than October 1, 2002, and each year
thereafter, the Secretary of State, in consultation with other federal
agencies, shall submit a report to Congress indicating how United States funds
appropriated for clean energy technology exports and other relevant federal
programs are being directed in a manner that promotes sound energy policy
commitments in developing countries, countries in transition, and other
partner countries, including efforts pursuant to multi-lateral environmental
agreements.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the departments, agencies, and entities of the United States
described in subsection (b) such sums as may be necessary to support the
transfer of clean energy technology, consistent with the subsidy codes of the
World Trade Organization, as part of assistance programs carried out by those
departments, agencies, and entities in support of activities of United States
persons in the energy sector of a developing country, country in transition,
or other partner country.
SEC. 1322. INTERNATIONAL ENERGY TECHNOLOGY DEPLOYMENT PROGRAM.
(a) IN GENERAL- Section 1608 of the Energy Policy Act of 1992 (42 U.S.C.
13387) is amended by striking subsection (l) and inserting the following:
`(l) INTERNATIONAL ENERGY TECHNOLOGY DEPLOYMENT PROGRAM-
`(1) DEFINITIONS- In this subsection:
`(A) INTERNATIONAL ENERGY DEPLOYMENT PROJECT- The term `international
energy deployment project' means a project to construct an energy
production facility outside the United States--
`(i) the output of which will be consumed outside the United States;
and
`(ii) the deployment of which will result in a greenhouse gas
reduction per unit of energy produced when compared to the technology
that would otherwise be implemented--
`(I) 10 percentage points or more, in the case of a unit placed in
service before January 1, 2010;
`(II) 20 percentage points or more, in the case of a unit placed
in service after December 31, 2009, and before January 1, 2020;
or
`(III) 30 percentage points or more, in the case of a unit placed
in service after December 31, 2019, and before January 1,
2030.
`(B) QUALIFYING INTERNATIONAL ENERGY DEPLOYMENT PROJECT- The term
`qualifying international energy deployment project' means an
international energy deployment project that--
`(i) is submitted by a United States firm to the Secretary in
accordance with procedures established by the Secretary by
regulation;
`(ii) uses technology that has been successfully developed or
deployed in the United States;
`(iii) meets the criteria of subsection (k);
`(iv) is approved by the Secretary, with notice of the approval
being published in the Federal Register; and
`(v) complies with such terms and conditions as the Secretary
establishes by regulation.
`(C) UNITED STATES- For purposes of this paragraph, the term `United
States', when used in a geographical sense, means the 50 States, the
District of Columbia, Puerto Rico, Guam, the Virgin Islands, American
Samoa, and the Commonwealth of the Northern Mariana Islands.
`(2) PILOT PROGRAM FOR FINANCIAL ASSISTANCE-
`(A) IN GENERAL- Not later than 180 days after the date of enactment
of this subsection, the Secretary shall, by regulation, provide for a
pilot program for financial assistance for qualifying international energy
deployment projects.
`(B) SELECTION CRITERIA- After consultation with the Secretary of
State, the Secretary of Commerce, and the United States Trade
Representative, the Secretary shall select projects for participation in
the program based solely on the criteria under this title and without
regard to the country in which the project is located.
`(C) FINANCIAL ASSISTANCE-
`(i) IN GENERAL- A United States firm that undertakes a qualifying
international energy deployment project that is selected to participate
in the pilot program shall be eligible to receive a loan or a loan
guarantee from the Secretary.
`(ii) RATE OF INTEREST- The rate of interest of any loan made under
clause (i) shall be equal to the rate for Treasury obligations then
issued for periods of comparable maturities.
`(iii) AMOUNT- The amount of a loan or loan guarantee under clause
(i) shall not exceed 50 percent of the total cost of the qualified
international energy deployment project.
`(iv) DEVELOPED COUNTRIES- Loans or loan guarantees made for
projects to be located in a developed country, as listed in Annex I of
the United Nations Framework Convention on Climate Change, shall require
at least a 50 percent contribution towards the total cost of the loan or
loan guarantee by the host country.
`(v) DEVELOPING COUNTRIES- Loans or loan guarantees made for
projects to be located in a developing country (those countries not
listed in Annex I of the United Nations Framework Convention on Climate
Change) shall require at least a 10 percent contribution towards the
total cost of the loan or loan guarantee by the host
country.
`(vi) CAPACITY BUILDING RESEARCH- Proposals made for projects to be
located in a developing country may include a research component
intended to build technological capacity within the host country. Such
research must be related to the technologies being deployed and must
involve both an institution in the host country and an industry,
university or national laboratory participant from the United States.
The host institution shall contribute at least 50 percent of funds
provided for the capacity building research.
`(D) COORDINATION WITH OTHER PROGRAMS- A qualifying international
energy deployment project funded under this section shall not be eligible
as a qualifying clean coal technology under section 415 of the Clean Air
Act (42 U.S.C. 7651n).
`(E) REPORT- Not later than 5 years after the date of enactment of
this subsection, the Secretary shall submit to the President a report on
the results of the pilot projects.
`(F) RECOMMENDATION- Not later than 60 days after receiving the report
under subparagraph (E), the President shall submit to Congress a
recommendation, based on the results of the pilot projects as reported by
the Secretary of Energy, concerning whether the financial assistance
program under this section should be continued, expanded, reduced, or
eliminated.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary carry out this section $100,000,000 for each
of fiscal years 2003 through 2011, to remain available until
expended.'.
Subtitle D--Climate Change Science and Information
PART I--AMENDMENTS TO THE GLOBAL CHANGE RESEARCH ACT OF 1990
SEC. 1331. AMENDMENT OF GLOBAL CHANGE RESEARCH ACT OF 1990.
Except as otherwise expressly provided, whenever in this subtitle an
amendment or repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be made to a
section or other provision of the Global Change Research Act of 1990 (15
U.S.C. 2921 et seq.).
SEC. 1332. CHANGES IN DEFINITIONS.
Paragraph (1) of section 2 (15 U.S.C. 2921) is amended by striking `Earth
and' inserting `Climate and'.
SEC. 1333. CHANGE IN COMMITTEE NAME.
Section 102 (15 U.S.C. 2932) is amended--
(1) by striking `EARTH AND' in the section heading and inserting
`CLIMATE AND'; and
(2) by striking `Earth and' in subsection (a) and inserting `Climate
and'.
SEC. 1334. CHANGE IN NATIONAL GLOBAL CHANGE RESEARCH PLAN.
Section 104 (15 U.S.C. 2934) is amended--
(1) by adding at the end of subsection (c) the following:
`(6) Methods for integrating information to provide predictive tools for
planning and decision making by governments, communities and the private
sector.';
(2) by inserting `local, State, and Federal' before `policy makers' in
subsection (d)(3);
(3) by striking `and' in subsection (d)(2);
(4) by striking `change.' in subsection (d)(3) and inserting `change;
and';
(5) by adding at the end of subsection (d) the following:
`(4) establish a common assessment and modeling framework that may be
used in both research and operations to predict and assess the vulnerability
of natural and managed ecosystems and of human society in the context of
other environmental and social changes.'; and
(6) by adding at the end the following:
`(g) STRATEGIC PLAN; REVISED IMPLEMENTATION PLAN- The Chairman of the
Council, through the Committee, shall develop a strategic plan for the United
States Global Climate Change Research Program for the 10-year period beginning
in 2002 and submit the plan to the Congress within 180 days after the date of
enactment of the Global Climate Change Act of 2002. The Chairman, through the
Committee, shall also submit a revised implementation plan under subsection
(a).'.
SEC. 1335. INTEGRATED PROGRAM OFFICE.
Section 105 (15 U.S.C. 2935) is amended--
(1) by redesignating subsections (a), (b), and (c) as subsections (b),
(c), and (d), respectively; and
(2) inserting before subsection (b), as redesignated, the
following:
`(a) INTEGRATED PROGRAM OFFICE-
`(1) ESTABLISHMENT- There is established in the Office of Science and
Technology Policy an integrated program office for the global change
research program.
`(2) ORGANIZATION- The integrated program office established under
paragraph (1) shall be headed by the associate director with responsibility
for climate change science and technology and shall include a representative
from each Federal agency participating in the global change research
program.
`(3) FUNCTION- The integrated program office shall--
`(A) manage, working in conjunction with the Committee, interagency
coordination and program integration of global change research activities
and budget requests;
`(B) ensure that the activities and programs of each Federal agency or
department participating in the program address the goals and objectives
identified in the strategic research plan and interagency implementation
plans;
`(C) ensure program and budget recommendations of the Committee are
communicated to the President and are integrated into the climate change
action strategy;
`(D) review, solicit, and identify, and allocate funds for,
partnership projects that address critical research objectives or
operational goals of the program, including projects that would fill
research gaps identified by the program, and for which project resources
are shared among at least 2 agencies participating in the program;
and
`(E) review and provide recommendations on, in conjunction with the
Committee, all annual appropriations requests from Federal agencies or
departments participating in the program.
`(4) GRANT AUTHORITY- The Integrated Program Office may authorize 1 or
more of the departments or agencies participating in the program to enter
into contracts and make grants, using funds appropriated for use by the
Office of Science and Technology Policy for the purpose of carrying out the
responsibilities of that Office.
`(5) FUNDING- For fiscal year 2003, and each fiscal year thereafter, not
less than $13,000,000 shall be made available to the Integrated Program
Office from amounts appropriated to or for the use of the Office of Science
and Technology Policy.';
(3) by striking `Committee.' in paragraph (2) of subsection (c), as
redesignated, and inserting `Committee and the Integrated Program Office.';
and
(4) by inserting `and the Integrated Program Office' after `Committee'
in paragraph (1) of subsection (d), as redesignated.
PART II--NATIONAL CLIMATE SERVICES AND MONITORING
SEC. 1341. AMENDMENT OF NATIONAL CLIMATE PROGRAM ACT.
Except as otherwise expressly provided, whenever in this subtitle an
amendment or repeal is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered to be made to a
section or other provision of the National Climate Program Act (15 U.S.C. 2901
et seq.).
SEC. 1342. CHANGES IN FINDINGS.
Section 2 (15 U.S.C. 2901) is amended--
(1) by striking `Weather and climate change affect' in paragraph (1) and
inserting `Weather, climate change, and long-term weather fluctuations
affect public safety, environmental security, human health,';
(2) by striking `climate' in paragraph (2) and inserting `climate,
including seasonal and decadal fluctuations,';
(3) by striking `changes.' in paragraph (5) and inserting `changes and
providing free exchange of meteorological data.'; and
(4) by adding at the end the following:
`(7) The present rate of advance in research and development is
inadequate and new developments must be incorporated rapidly into services
for the benefit of the public.
`(8) The United States lacks adequate infrastructure and research to
meet national climate monitoring and prediction needs.'.
SEC. 1343. TOOLS FOR REGIONAL PLANNING.
Section 5(d) (15 U.S.C. 2904(d)) is amended--
(1) by redesignating paragraphs (4) through (9) as paragraphs (5)
through (10), respectively;
(2) by inserting after paragraph (3) the following:
`(4) methods for improving modeling and predictive capabilities and
developing assessment methods to guide national, regional, and local
planning and decision-making on land use, water hazards, and related
issues;';
(3) by inserting `sharing,' after `collection,' in paragraph (5), as
redesignated;
(4) by striking `experimental' each place it appears in paragraph (9),
as redesignated;
(5) by striking `preliminary' in paragraph (10), as redesignated;
(6) by striking `this Act,' the first place it appears in paragraph
(10), as redesignated, and inserting `the Global Climate Change Act of
2002,'; and
(7) by striking `this Act,' the second place it appears in paragraph
(10), as redesignated, and inserting `that Act,'.
SEC. 1344. AUTHORIZATION OF APPROPRIATIONS.
Section 9 (15 U.S.C. 2908) is amended--
(1) by striking `1979,' and inserting `2002,';
(2) by striking `1980,' and inserting `2003,';
(3) by striking `1981,' and inserting `2004,'; and
(4) by striking `$25,500,000' and inserting `$75,500,000'.
SEC. 1345. NATIONAL CLIMATE SERVICE PLAN.
The Act (15 U.S.C. 2901 et seq.) is amended by inserting after section 5
the following:
`SEC. 6. NATIONAL CLIMATE SERVICE PLAN.
`Within one year after the date of enactment of the Global Climate Change
Act of 2002, the Secretary of Commerce shall submit to the Senate Committee on
Commerce, Science, and Transportation and the House Science Committee a plan
of action for a National Climate Service under the National Climate Program.
The plan shall set forth recommendations and funding estimates for--
`(1) a national center for operational climate monitoring and predicting
with the functional capacity to monitor and adjust observing systems as
necessary to reduce bias;
`(2) the design, deployment, and operation of an adequate national
climate observing system that builds upon existing environmental monitoring
systems and closes gaps in coverage by existing systems;
`(3) the establishment of a national coordinated modeling strategy,
including a national climate modeling center to provide a dedicated
capability for high-end climate modeling and a regular schedule of
projections on a long and short term time schedules and at a range of
spatial scales;
`(4) improvements in modeling and assessment capabilities needed to
integrate information to predict regional and local climate changes and
impacts;
`(5) in coordination with the private sector, improving the capacity to
assess the impacts of predicted and projected climate changes and
variations;
`(6) a program for long term stewardship, quality control, development
of relevant climate products, and efficient access to all relevant climate
data, products, and critical model simulations; and
`(7) mechanisms to coordinate among Federal agencies, State, and local
government entities and the academic community to ensure timely and full
sharing and dissemination of climate information and services.'.
SEC. 1346. REPORTING ON TRENDS.
(a) ATMOSPHERIC MONITORING AND VERIFICATION PROGRAM- The Secretary of
Commerce, in coordination with relevant Federal agencies, shall, as part of
the National Climate Service, establish an atmospheric monitoring and
verification program utilizing aircraft, satellite, ground sensors, and
modeling capabilities to monitor, measure, and verify atmospheric greenhouse
gas levels, dates, and emissions. Where feasible, the program shall measure
emissions from identified sources participating in the reporting system for
verification purposes. The program shall use measurements and standards that
are consistent with those utilized in the greenhouse gas measurement and
reporting system established under subsection (a) and the registry established
under section 1102.
(b) ANNUAL REPORTING- The Secretary of Commerce shall issue an annual
report that identifies greenhouse emissions and trends on a local, regional,
and national level. The report shall also identify emissions or reductions
attributable to individual or multiple sources covered by the greenhouse gas
measurement and reporting system established under section 1102.
PART III--OCEAN AND COASTAL OBSERVING SYSTEM
SEC. 1351. OCEAN AND COASTAL OBSERVING SYSTEM.
(a) ESTABLISHMENT- The President, through the National Ocean Research
Leadership Council, established by section 7902(a) of title 10, United States
Code, shall establish and maintain an integrated ocean and coastal observing
system that provides for long-term, continuous, and real-time observations of
the oceans and coasts for the purposes of--
(1) understanding, assessing and responding to human-induced and natural
processes of global change;
(2) improving weather forecasts and public warnings;
(3) strengthening national security and military preparedness;
(4) enhancing the safety and efficiency of marine operations;
(5) supporting efforts to restore the health of and manage coastal and
marine ecosystems and living resources;
(6) monitoring and evaluating the effectiveness of ocean and coastal
environmental policies;
(7) reducing and mitigating ocean and coastal pollution; and
(8) providing information that contributes to public awareness of the
state and importance of the oceans.
(b) COUNCIL FUNCTIONS- In addition to its responsibilities under section
7902(a) of such title, the Council shall be responsible for planning and
coordinating the observing system and in carrying out this responsibility
shall--
(1) develop and submit to the Congress, within 6 months after the date
of enactment of this Act, a plan for implementing a national ocean and
coastal observing system that--
(A) uses an end-to end engineering and development approach to develop
a system design and schedule for operational implementation;
(B) determines how current and planned observing activities can be
integrated in a cost-effective manner;
(C) provides for regional and concept demonstration projects;
(D) describes the role and estimated budget of each Federal agency in
implementing the plan;
(E) contributes, to the extent practicable, to the National Global
Change Research Plan under section 104 of the Global Change Research Act
of 1990 (15 U.S.C. 2934); and
(F) makes recommendations for coordination of ocean observing
activities of the United States with those of other nations and
international organizations;
(2) serve as the mechanism for coordinating Federal ocean observing
requirements and activities;
(3) work with academic, State, industry and other actual and potential
users of the observing system to make effective use of existing capabilities
and incorporate new technologies;
(4) approve standards and protocols for the administration of the
system, including--
(A) a common set of measurements to be collected and distributed
routinely and by uniform methods;
(B) standards for quality control and assessment of data;
(C) design, testing and employment of forecast models for ocean
conditions;
(D) data management, including data transfer protocols and archiving;
and
(E) designation of coastal ocean observing regions; and
(5) in consultation with the Secretary of State, provide representation
at international meetings on ocean observing programs and coordinate
relevant Federal activities with those of other nations.
(c) SYSTEM ELEMENTS- The integrated ocean and coastal observing system
shall include the following elements:
(1) A nationally coordinated network of regional coastal ocean observing
systems that measure and disseminate a common set of ocean observations and
related products in a uniform manner and according to sound scientific
practice, but that are adapted to local and regional needs.
(2) Ocean sensors for climate observations, including the Arctic Ocean
and sub-polar seas.
(3) Coastal, relocatable, and cabled sea floor observatories.
(4) Broad bandwidth communications that are capable of transmitting high
volumes of data from open ocean locations at low cost and in real
time.
(5) Ocean data management and assimilation systems that ensure full use
of new sources of data from space-borne and in situ sensors.
(6) Focused research programs.
(7) Technology development program to develop new observing technologies
and techniques, including data management and dissemination.
(8) Public outreach and education.
SEC. 1352. AUTHORIZATION OF APPROPRIATIONS.
For development and implementation of an integrated ocean and coastal
observation system under this title, including financial assistance to
regional coastal ocean observing systems, there are authorized to be
appropriated $235,000,000 in fiscal year 2003, $315,000,000 in fiscal year
2004, $390,000,000 in fiscal year 2005, and $445,000,000 in fiscal year
2006.
Subtitle E--Climate Change Technology
SEC. 1361. NIST GREENHOUSE GAS FUNCTIONS.
Section 2(c) of the National Institute of Standards and Technology Act (15
U.S.C. 272(c) is amended--
(1) striking `and' after the semicolon in paragraph (21);
(2) by redesignating paragraph (22) as paragraph (23); and
(3) by inserting after paragraph (21) the following:
`(22) perform research to develop enhanced measurements, calibrations,
standards, and technologies which will enable the reduced production in the
United States of greenhouse gases associated with global warming, including
carbon dioxide, methane, nitrous oxide, ozone, perfluorocarbons,
hydrofluorocarbons, and sulphur hexafluoride; and'.
SEC. 1362. DEVELOPMENT OF NEW MEASUREMENT TECHNOLOGIES.
(a) IN GENERAL- The Secretary of Commerce shall initiate a program to
develop, with technical assistance from appropriate Federal agencies,
innovative standards and measurement technologies (including technologies to
measure carbon changes due to changes in land use cover) to calculate--
(1) greenhouse gas emissions and reductions from agriculture, forestry,
and other land use practices;
(2) non-carbon dioxide greenhouse gas emissions from
transportation;
(3) greenhouse gas emissions from facilities or sources using remote
sensing technology; and
(4) any other greenhouse gas emission or reductions for which no
accurate or reliable measurement technology exists.
SEC. 1363. ENHANCED ENVIRONMENTAL MEASUREMENTS AND STANDARDS.
The National Institute of Standards and Technology Act (15 U.S.C. 271 et
seq.) is amended--
(1) by redesignating sections 17 through 32 as sections 18 through 33,
respectively; and
(2) by inserting after section 16 the following:
`SEC. 17. CLIMATE CHANGE STANDARDS AND PROCESSES.
`(a) IN GENERAL- The Director shall establish within the Institute a
program to perform and support research on global climate change standards and
processes, with the goal of providing scientific and technical knowledge
applicable to the reduction of greenhouse gases (as defined in section 4 of
the Global Climate Change Act of 2002).
`(1) IN GENERAL- The Director is authorized to conduct, directly or
through contracts or grants, a global climate change standards and processes
research program.
`(2) RESEARCH PROJECTS- The specific contents and priorities of the
research program shall be determined in consultation with appropriate
Federal agencies, including the Environmental Protection Agency, the
National Oceanic and Atmospheric Administration, and the National
Aeronautics and Space Administration. The program generally shall include
basic and applied research--
`(A) to develop and provide the enhanced measurements, calibrations,
data, models, and reference material standards which will enable the
monitoring of greenhouse gases;
`(B) to assist in establishing of a baseline reference point for
future trading in greenhouse gases and the measurement of progress in
emissions reduction;
`(C) that will be exchanged internationally as scientific or technical
information which has the stated purpose of developing mutually recognized
measurements, standards, and procedures for reducing greenhouse gases;
and
`(D) to assist in developing improved industrial processes designed to
reduce or eliminated greenhouse gases.
`(c) NATIONAL MEASUREMENT LABORATORIES-
`(1) IN GENERAL- In carrying out this section, the Director shall
utilize the collective skills of the National Measurement Laboratories of
the National Institute of Standards and Technology to improve the accuracy
of measurements that will permit better understanding and control of these
industrial chemical processes and result in the reduction or elimination of
greenhouse gases.
`(2) MATERIAL, PROCESS, AND BUILDING RESEARCH- The National Measurement
Laboratories shall conduct research under this subsection that
includes--
`(A) developing material and manufacturing processes which are
designed for energy efficiency and reduced greenhouse gas emissions into
the environment;
`(B) developing environmentally-friendly, `green' chemical processes
to be used by industry; and
`(C) enhancing building performance with a focus in developing
standards or tools which will help incorporate low or no-emission
technologies into building designs.
`(3) STANDARDS AND TOOLS- The National Measurement Laboratories shall
develop standards and tools under this subsection that include software to
assist designers in selecting alternate building materials, performance data
on materials, artificial intelligence-aided design procedures for building
subsystems and `smart buildings', and improved test methods and rating
procedures for evaluating the energy performance of residential and
commercial appliances and products.
`(d) NATIONAL VOLUNTARY LABORATORY ACCREDITATION PROGRAM- The Director
shall utilize the National Voluntary Laboratory Accreditation Program under
this section to establish a program to include specific calibration or test
standards and related methods and protocols assembled to satisfy the unique
needs for accreditation in measuring the production of greenhouse gases. In
carrying out this subsection the Director may cooperate with other departments
and agencies of the Federal Government, State and local governments, and
private organizations.'.
SEC. 1364. TECHNOLOGY DEVELOPMENT AND DIFFUSION.
(a) ADVANCED TECHNOLOGY PROGRAM COMPETITIONS- The Director of the National
Institute of Standards and Technology, through the Advanced Technology
Program, may hold a portion of the Institute's competitions in thematic areas,
selected after consultation with industry, academics, and other Federal
Agencies, designed to develop and commercialize enabling technologies to
address global climate change by significantly reducing greenhouse gas
emissions and concentrations in the atmosphere.
(b) MANUFACTURING EXTENSION PARTNERSHIP PROGRAM FOR `GREEN' MANUFACTURING-
The Director of the National Institute of Standards and Technology, through
the Manufacturing Extension Partnership Program, may develop a program to
support the implementation of new `green' manufacturing technologies and
techniques by the more than 380,000 small manufacturers.
Subtitle F--Climate Adaptation and Hazards Prevention
PART I--ASSESSMENT AND ADAPTATION
SEC. 1371. REGIONAL CLIMATE ASSESSMENT AND ADAPTATION PROGRAM.
(a) IN GENERAL- The President shall establish within the Department of
Commerce a National Climate Change Vulnerability and Adaptation Program for
regional impacts related to increasing concentrations of greenhouse gases in
the atmosphere and climate variability.
(b) COORDINATION- In designing such program the Secretary shall consult
with the Federal Emergency Management Agency, the Environmental Protection
Agency, the Army Corps of Engineers, the Department of Transportation, and
other appropriate Federal, State, and local government entities.
(c) VULNERABILITY ASSESSMENTS- The program shall--
(1) evaluate, based on predictions developed under this Act and the
National Climate Program Act (15 U.S.C. 2901 et seq.), regional
vulnerability to phenomena associated with climate change and climate
variability, including--
(A) increases in severe weather events;
(B) sea level rise and shifts in the hydrological cycle;
(C) natural hazards, including tsunami, drought, flood and fire;
and
(D) alteration of ecological communities; and
(2) build upon predictions and other information developed in the
National Assessments prepared under the Global Change Research Act of 1990
(15 U.S.C. 2921 et seq.).
(d) PREPAREDNESS RECOMMENDATIONS- The program shall submit a report to
Congress within 2 years after the date of enactment of this Act that
identifies and recommends implementation and funding strategies for short- and
long-term actions that may be taken at the national, regional, State, and
local level--
(1) to minimize threats to human life and property;
(2) to improve resilience to hazards;
(3) to minimize economic impacts; and
(4) to reduce threats to critical biological and ecological
processes.
(e) INFORMATION AND TECHNOLOGY- The Secretary shall make available
appropriate information and other technologies and products that will assist
national, regional, State, and local efforts to reduce loss of life and
property, and coordinate dissemination of such technologies and products
through the Global Disaster Information Network.
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary of Commerce $4,500,000 to implement the
requirements of this section.
SEC. 1372. COASTAL VULNERABILITY AND ADAPTATION.
(a) COASTAL VULNERABILITY- Within 2 years after the date of enactment of
this Act, the Secretary shall, in consultation with the appropriate Federal,
State, and local governmental entities, conduct regional assessments of the
vulnerability of coastal areas to hazards associated with climate change,
climate variability, sea level rise, and fluctuation of Great Lakes water
levels. The Secretary may also consult with the governments of Canada and
Mexico as appropriate in developing such regional assessments. In preparing
the regional assessments, the Secretary shall collect and compile current
information on climate change, sea level rise, natural hazards, and coastal
erosion and mapping, and specifically address impacts on Arctic regions and
small island States. The regional assessments shall include an evaluation
of--
(1) social impacts associated with threats to and potential losses of
housing, communities, and infrastructure;
(2) physical impacts such as coastal erosion, flooding and loss of
estuarine habitat, saltwater intrusion of aquifers and saltwater
encroachment, and species migration; and
(3) economic impact on local, State, and regional economies, including
the impact on abundance or distribution of economically important living
marine resources.
(b) COASTAL ADAPTATION PLAN- The Secretary shall, within 3 years after the
date of enactment of this Act, submit to the Congress a national coastal
adaptation plan, composed of individual regional adaptation plans that
recommend targets and strategies to address coastal impacts associated with
climate change, sea level rise, or climate variability. The plan shall be
developed with the participation of other Federal, State, and local government
agencies that will be critical in the implementation of the plan at the State
and local levels. The regional plans that will make up the national coastal
adaptation plan shall be based on the information contained in the regional
assessments and shall identify special needs associated with Arctic areas and
small island States. The Plan shall recommend both short- and long-term
adaptation strategies and shall include recommendations regarding--
(1) Federal flood insurance program modifications;
(2) areas that have been identified as high risk through mapping and
assessment;
(3) mitigation incentives such as rolling easements, strategic retreat,
State or Federal acquisition in fee simple or other interest in land,
construction standards, and zoning;
(4) land and property owner education;
(5) economic planning for small communities dependent upon affected
coastal resources, including fisheries; and
(6) funding requirements and mechanisms.
(c) TECHNICAL PLANNING ASSISTANCE- The Secretary, through the National
Ocean Service, shall establish a coordinated program to provide technical
planning assistance and products to coastal States and local governments as
they develop and implement adaptation or mitigation strategies and plans.
Products, information, tools and technical expertise generated from the
development of the regional assessments and the regional adaptation plans will
be made available to coastal States for the purposes of developing their own
State and local plans.
(d) COASTAL ADAPTATION GRANTS- The Secretary shall provide grants of
financial assistance to coastal States with Federally approved coastal zone
management programs to develop and begin implementing coastal adaptation
programs if the State provides a Federal-to-State match of 4 to 1 in the first
fiscal year, 2.3 to 1 in the second fiscal year, 2 to 1 in the third fiscal
year, and 1 to 1 thereafter. Distribution of these funds to coastal states
shall be based upon the formula established under section 306(c) of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1455(c)), adjusted in
consultation with the States as necessary to provide assistance to
particularly vulnerable coastlines.
(e) DEFINITIONS- In this section:
(1) CZMA TERMS- Any term used in this section that is defined in section
304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453) has the
meaning given it by that section.
(2) SMALL-ISLAND STATE- The term `small island State' means any
jurisdiction to which reference is made in section 3(30) of the Magnuson
Stevens Fishery Conservation and Management Act (16 U.S.C. 1802(30)).
(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated $3,000,000 annually for coastal adaptation grants under
subsection (d).
PART II--FORECASTING AND PLANNING PILOT PROGRAMS
SEC. 1381. REMOTE SENSING PILOT PROJECTS.
(a) IN GENERAL- The Administrator of the National Aeronautics and Space
Administration shall establish, through the National Oceanic and Atmospheric
Administration's Coastal Services Center, a program of grants for
competitively awarded pilot projects to explore the integrated use of sources
of remote sensing and other geospatial information to address State, local,
regional, and tribal agency needs to forecast a plan for adaptation to coastal
zone and land use changes that may result as a consequence of global climate
change or climate variability.
(b) PREFERRED PROJECTS- In awarding grants under this section, the Center
shall give preference to projects that--
(1) focus on areas that are most sensitive to the consequences of global
climate change or climate variability;
(2) make use of existing public or commercial data sets;
(3) integrate multiple sources of geospatial information, such as
geographic information system data, satellite-provided positioning data, and
remotely sensed data, in innovative ways;
(4) offer diverse, innovative approaches that may serve as models for
establishing a future coordinated framework for planning strategies for
adaptation to coastal zone and land use changes related to global climate
change or climate variability;
(5) include funds or in-kind contributions from non-Federal
sources;
(6) involve the participation of commercial entities that process raw or
lightly processed data, often merging that data with other geospatial
information, to create data products that have significant value added to
the original data; and
(7) taken together demonstrate as diverse a set of public sector
applications as possible.
(c) OPPORTUNITIES- In carrying out this section, the Center shall seek
opportunities to assist--
(1) in the development of commercial applications potentially available
from the remote sensing industry; and
(2) State, local, regional, and tribal agencies in applying remote
sensing and other geospatial information technologies for management and
adaptation to coastal and land use consequences of global climate change or
climate variability.
(d) DURATION- Assistance for a pilot project under subsection (a) shall be
provided for a period of not more than 3 years.
(e) RESPONSIBILITIES OF GRANTEES- Within 180 days after completion of a
grant project, each recipient of a grant under subsection (a) shall transmit a
report to the Center on the results of the pilot project and conduct at least
one workshop for potential users to disseminate the lessons learned from the
pilot project as widely as feasible.
(f) REGULATIONS- The Center shall issue regulations establishing
application, selection, and implementation procedures for pilot projects, and
guidelines for reports and workshops required by this section.
SEC. 1382. DATABASE ESTABLISHMENT.
The Center shall establish and maintain an electronic, Internet-accessible
database of the results of each pilot project completed under section 531.
SEC. 1383. DEFINITIONS.
(1) CENTER- The term `Center' means the Coastal Services Center of the
National Oceanic and Atmospheric Administration.
(2) GEOSPATIAL INFORMATION- The term `geospatial information' means
knowledge of the nature and distribution of physical and cultural features
on the landscape based on analysis of data from airborne or spaceborne
platforms or other types and sources of data.
(3) INSTITUTION OF HIGHER EDUCATION- The term `institution of higher
education' has the meaning given that term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
SEC. 1384. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Administrator to carry out
the provisions of this subtitle--
(1) $17,500,000 for fiscal year 2003;
(2) $20,000,000 for fiscal year 2004;
(3) $22,500,000 for fiscal year 2005; and
(4) $25,000,000 for fiscal year 2006.
TITLE XIV--MANAGEMENT OF DOE SCIENCE AND TECHNOLOGY
PROGRAMS
SEC. 1401. DEFINITIONS.
(1) APPLICABILITY OF DEFINITIONS- The definitions in section 1203 shall
apply.
(2) SINGLE-PURPOSE RESEARCH FACILITY- The term `single-purpose research
facility' means any of the following primarily single purpose entities owned
by the Department of Energy--
(B) East Tennessee Technology Park;
(C) Environmental Measurement Laboratory;
(D) Fernald Environmental Management Project;
(E) Fermi National Accelerator Laboratory;
(H) New Brunswick Laboratory;
(I) Pantex Weapons Facility;
(J) Princeton Plasma Physics Laboratory;
(K) Savannah River Technology Center;
(L) Stanford Linear Accelerator Center;
(M) Thomas Jefferson National Accelerator Facility;
(N) Y-12 facility at Oak Ridge National Laboratory;
(O) Waste Isolation Pilot Plant; or
(P) other similar organization of the Department designated by the
Secretary that engages in technology transfer, partnering, or licensing
activities.
SEC. 1402. AVAILABILITY OF FUNDS.
Funds authorized to be appropriated to the Department of Energy under
title XII, title XIII, and title XV shall remain available until expended.
SEC. 1403. COST SHARING.
(a) RESEARCH AND DEVELOPMENT- For research and development projects funded
from appropriations authorized under subtitles A through D of title XII, the
Secretary shall require a commitment from non-federal sources of at least 20
percent of the cost of the project. The Secretary may reduce or eliminate the
non-Federal requirement under this subsection if the Secretary determines that
the research and development is of a basic or fundamental nature.
(b) DEMONSTRATION AND DEPLOYMENT- For demonstration and technology
deployment activities funded from appropriations authorized under subtitles A
through D of title XII, the Secretary shall require a commitment from
non-federal sources of at least 50 percent of the costs of the project
directly and specifically related to any demonstration or technology
deployment activity. The Secretary may reduce or eliminate the non-federal
requirement under this subsection if the Secretary determines that the
reduction is necessary and appropriate considering the technological risks
involved in the project and is necessary to meet one or more goals of this
title.
(c) CALCULATION OF AMOUNT- In calculating the amount of the non-Federal
commitment under subsection (a) or (b), the Secretary shall include cash,
personnel, services, equipment, and other resources.
SEC. 1404. MERIT REVIEW OF PROPOSALS.
Awards of funds authorized under title XII, subtitle A of title XIII, and
title XV shall be made only after an independent review of the scientific and
technical merit of the proposals for such awards has been made by the
Department of Energy.
SEC. 1405. EXTERNAL TECHNICAL REVIEW OF DEPARTMENTAL PROGRAMS.
(a) NATIONAL ENERGY RESEARCH AND DEVELOPMENT ADVISORY BOARDS- (1) The
Secretary shall establish an advisory board to oversee Department research and
development programs in each of the following areas--
(E) climate change technology, with emphasis on integration,
collaboration, and other special features of the cross-cutting technologies
supported by the Office of Climate Change Technology.
(2) The Secretary may designate an existing advisory board within the
Department to fulfill the responsibilities of an advisory board under this
subsection, or may enter into appropriate arrangements with the National
Academy of Sciences to establish such an advisory board.
(b) UTILIZATION OF EXISTING COMMITTEES- The Secretary of Energy shall
continue to use the scientific program advisory committees chartered under the
Federal Advisory Committee Act by the Office of Science to oversee research
and development programs under that Office.
(c) MEMBERSHIP- Each advisory board under this section shall consist of
experts drawn from industry, academia, federal laboratories, research
institutions, or state, local, or tribal governments, as appropriate.
(d) MEETINGS AND PURPOSES- Each advisory board under this section shall
meet at least semi-annually to review and advise on the progress made by the
respective research, development, demonstration, and technology deployment
program. The advisory board shall also review the adequacy and relevance of
the goals established for each program by Congress and the President, and may
otherwise advise on promising future directions in research and development
that should be considered by each program.
SEC. 1406. IMPROVED COORDINATION AND MANAGEMENT OF CIVILIAN SCIENCE AND
TECHNOLOGY PROGRAMS.
(a) EFFECTIVE TOP-LEVEL COORDINATION OF RESEARCH AND DEVELOPMENT PROGRAMS-
Section 202(b) of the Department of Energy Organization Act (42 U.S.C.
7132(b)) is amended to read as follows:
`(b)(1) There shall be in the Department an Under Secretary for Energy and
Science, who shall be appointed by the President, by and with the advice and
consent of the Senate. The Under Secretary shall be compensated at the rate
provided for at level III of the Executive Schedule under section 5314 of
title 5, United States Code.
`(2) The Under Secretary for Energy and Science shall be appointed from
among persons who--
`(A) have extensive background in scientific or engineering fields;
and
`(B) are well qualified to manage the civilian research and development
programs of the Department of Energy.
`(3) The Under Secretary for Energy and Science shall--
`(A) serve as the Science and Technology Advisor to the Secretary;
`(B) monitor the Department's research and development programs in order
to advise the Secretary with respect to any undesirable duplication or gaps
in such programs;
`(C) advise the Secretary with respect to the well-being and management
of the multipurpose laboratories under the jurisdiction of the
Department;
`(D) advise the Secretary with respect to education and training
activities required for effective short- and long-term basic and applied
research activities of the Department;
`(E) advise the Secretary with respect to grants and other forms of
financial assistance required for effective short- and long-term basic and
applied research activities of the Department; and
`(F) exercise authority and responsibility over Assistant Secretaries
carrying out energy research and development and energy technology functions
under sections 203 and 209, as well as other elements of the Department
assigned by the Secretary.
(b) RECONFIGURATION OF POSITION OF DIRECTOR OF THE OFFICE OF SCIENCE-
Section 209 of the Department of Energy Organization Act (41 U.S.C. 7139) is
amended to read as follows--
`(a) There shall be within the Department an Office of Science, to be
headed by an Assistant Secretary of Science, who shall be appointed by the
President, by and with the advice and consent of the Senate, and who shall be
compensated at the rate provided for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
`(b) The Assistant Secretary of Science shall be in addition to the
Assistant Secretaries provided for under section 203 of this Act.
`(c) It shall be the duty and responsibility of the Assistant Secretary of
Science to carry out the fundamental science and engineering research
functions of the Department, including the responsibility for policy and
management of such research, as well as other functions vested in the
Secretary which he may assign to the Assistant Secretary.'.
(c) Additional Assistant Secretary Position to Enable Improved Management
of Nuclear Energy Issues-
(1) Section 203(a) of the Department of Energy Organization Act (42
U.S.C. 7133(a)) is amended by striking `There shall be in the Department six
Assistant Secretaries' and inserting `Except as provided in section 209,
there shall be in the Department seven Assistant Secretaries'.
(2) It is the Sense of the Senate that the leadership for departmental
missions in nuclear energy should be at the Assistant Secretary level.
(d) Technical and Conforming Amendments-
(1) Section 202 of the Department of Energy Organization Act (42 U.S.C.
7132) is further amended by adding the following at the end:
`(d) There shall be in the Department an Under Secretary, who shall be
appointed by the President, by and with the advice and consent of the Senate,
and who shall perform such functions
and duties as the Secretary shall prescribe, consistent with this section.
The Under Secretary shall be compensated at the rate provided for level III of
the Executive Schedule under section 5314 of title 5, United States Code.
`(e) There shall be in the Department a General Counsel, who shall be
appointed by the President, by and with the advice and consent of the Senate.
The General Counsel shall be compensated at the rate provided for level IV of
the Executive Schedule under section 5315 of title 5, United States Code.'.
(2) Section 5314 of title 5, United States Code, is amended by striking
`Under Secretaries of Energy (2)' and inserting `Under Secretaries of Energy
(3)'.
(3) Section 5315 of title 5, United States Code, is amended by--
(A) striking `Director, Office of Science, Department of Energy.';
and
(B) striking `Assistant Secretaries of Energy (6)' and inserting
`Assistant Secretaries of Energy (8)'.
(4) The table of contents for the Department of Energy Organization
Act (42 U.S.C. 7101 note) is amended--
(A) by striking `Section 209' and inserting `Sec. 209';
(B) by striking `213.' and inserting `Sec. 213';
(C) by striking `214.' and inserting `Sec. 214.';
(D) by striking `215.' and inserting `Sec. 215.'; and
(E) by striking `216.' and inserting `Sec. 216.'.
SEC. 1407. IMPROVED COORDINATION OF TECHNOLOGY TRANSFER ACTIVITIES.
(a) TECHNOLOGY TRANSFER COORDINATOR- The Secretary shall appoint a
Technology Transfer Coordinator to perform oversight of and policy development
for technology transfer activities at the Department. The Technology Transfer
Coordinator shall coordinate the activities of the Technology Partnerships
Working Group, and shall oversee the expenditure of funds allocated to the
Technology Partnership Working Group.
(b) TECHNOLOGY PARTNERSHIP WORKING GROUP- The Secretary shall establish a
Technology Partnership Working Group, which shall consist of representatives
of the National Laboratories and single-purpose research facilities, to--
(1) coordinate technology transfer activities occurring at National
Laboratories and single-purpose research facilities;
(2) exchange information about technology transfer practices; and
(3) develop and disseminate to the public and prospective technology
partners information about opportunities and procedures for technology
transfer with the Department.
SEC 1408. TECHNOLOGY INFRASTRUCTURE PROGRAM.
(a) ESTABLISHMENT- The Secretary shall establish a Technology
Infrastructure Program in accordance with this section.
(b) PURPOSE- The purpose of the Technology Infrastructure Program shall be
to improve the ability of National Laboratories or single-purpose research
facilities to support departmental missions by--
(1) stimulating the development of technology clusters that can support
departmental missions at the National Laboratories or single-purpose
research facilities;
(2) improving the ability of National Laboratories or single-purpose
research facilities to leverage and benefit from commercial research,
technology, products, processes, and services; and
(3) encouraging the exchange of scientific and technological expertise
between National Laboratories or single-purpose research facilities
and--
(A) institutions of higher education,
(B) technology-related business concerns,
(C) nonprofit institutions, and
(D) agencies of State, tribal, or local governments,
that can support departmental missions at the National Laboratories and
single-purpose research facilities.
(c) PROJECTS- The Secretary shall authorize the Director of each National
Laboratory or facility to implement the Technology Infrastructure Program at
such National Laboratory or single-purpose research facility through projects
that meet the requirements of subsections (d) and (e).
(d) PROGRAM REQUIREMENTS- Each project funded under this section shall
meet the following requirements:
(1) MINIMUM PARTICIPANTS- Each project shall at a minimum
include--
(A) a National Laboratory or single-purpose research facility;
and
(B) one of the following entities--
(ii) an institution of higher education,
(iii) a nonprofit institution, or
(iv) an agency of a State, local, or tribal government.
(A) MINIMUM AMOUNT- Not less than 50 percent of the costs of each
project funded under this section shall be provided from non-Federal
sources.
(B) Qualified funding and resources-
(i) The calculation of costs paid by the non-Federal sources to a
project shall include cash, personnel, services, equipment, and other
resources expended on the project.
(ii) Independent research and development expenses of government
contractors that qualify for reimbursement under section 31-205-18(e) of
the Federal Acquisition Regulations issued pursuant to section 25(c)(1)
of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))
may be credited towards costs paid by non-Federal sources to a project,
if the expenses meet the other requirements of this section.
(iii) No funds or other resources expended either before the start
of a project under this section or outside the project's scope of work
shall be credited toward the costs paid by the non-Federal sources to
the project.
(3) COMPETITIVE SELECTION- All projects in which a party other than the
Department, a National Laboratory, or a single-purpose research facility
receives funding under this section shall, to the extent practicable, be
competitively selected by the National Laboratory or facility using
procedures determined to be appropriate by the Secretary.
(4) ACCOUNTING STANDARDS- Any participant that receives funds under this
section, other than a National Laboratory or single-purpose research
facility, may use generally accepted accounting principles for maintaining
accounts, books, and records relating to the project.
(5) LIMITATIONS- No Federal funds shall be made available under this
section for--
(B) any project for more than five years.
(1) THRESHOLD FUNDING CRITERIA- The Secretary shall allocate funds under
this section only if the Director of the National Laboratory or
single-purpose research facility managing the project determines that the
project is likely to improve the ability of the National Laboratory or
single-purpose research facility to achieve technical success in meeting
departmental missions.
(2) ADDITIONAL CRITERIA- The Secretary shall require the Director of the
National Laboratory or single-purpose research facility managing a project
under this section to consider the following criteria in selecting a project
to receive Federal funds--
(A) the potential of the project to succeed, based on its technical
merit, team members, management approach, resources, and project
plan;
(B) the potential of the project to promote the development of a
commercially sustainable technology cluster, which will derive most of the
demand for its products or services from the private sector, and which
will support
departmental missions at the participating National Laboratory or
single-purpose research facility;
(C) the potential of the project to promote the use of commercial
research, technology, products, processes, and services by the
participating National Laboratory or single-purpose research facility to
achieve its departmental mission or the commercial development of
technological innovations made at the participating National Laboratory or
single-purpose research facility;
(D) the commitment shown by non-Federal organizations to the project,
based primarily on the nature and amount of the financial and other
resources they will risk on the project;
(E) the extent to which the project involves a wide variety and number
of institutions of higher education, nonprofit institutions, and
technology-related business concerns that can support the missions of the
participating National Laboratory or single-purpose research facility and
that will make substantive contributions to achieving the goals of the
project;
(F) the extent of participation in the project by agencies of State,
tribal, or local governments that will make substantive contributions to
achieving the goals of the project;
(G) the extent to which the project focuses on promoting the
development of technology-related business concerns that are small
business concerns or involves such small business concerns substantively
in the project; and
(H) such other criteria as the Secretary determines to be
appropriate.
(f) REPORT TO CONGRESS- Not later than January 1, 2004, the Secretary
shall report to Congress on whether the Technology Infrastructure Program
should be continued and, if so, how the program should be managed.
(g) DEFINITIONS- In this section:
(1) TECHNOLOGY CLUSTER- The term `technology cluster' means a
concentration of--
(A) technology-related business concerns;
(B) institutions of higher education; or
(C) other nonprofit institutions,
that reinforce each other's performance in the areas of technology
development through formal or informal relationships.
(2) TECHNOLOGY-RELATED BUSINESS CONCERN- The term `technology-related
business concern' means a for-profit corporation, company, association,
firm, partnership, or small business concern that--
(A) conducts scientific or engineering research,
(B) develops new technologies,
(C) manufacturers products based on new technologies, or
(D) performs technological services.
(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary for activities under this section $10,000,000
for each of fiscal years 2003 and 2004.
SEC. 1409. SMALL BUSINESS ADVOCACY AND ASSISTANCE.
(a) SMALL BUSINESS ADVOCATE- The Secretary shall require the Director of
each National Laboratory, and may require the Director of a single-purpose
research facility, to appoint a small business advocate to--
(1) increase the participation of small business concerns, including
socially and economically disadvantaged small business concerns, in
procurement, collaborative research, technology licensing, and technology
transfer activities conducted by the National Laboratory or single-purpose
research facility;
(2) report to the Director of the National Laboratory or single-purpose
research facility on the actual participation of small business concerns in
procurement and collaborative research along with recommendations, if
appropriate, on how to improve participation;
(3) make available to small business concerns training, mentoring, and
clear, up-to-date information on how to participate in the procurement and
collaborative research, including how to submit effective proposals;
(4) increase the awareness inside the National Laboratory or
single-purpose research facility of the capabilities and opportunities
presented by small business concerns; and
(5) establish guidelines for the program under subsection (b) and report
on the effectiveness of such program to the Director of the National
Laboratory or single-purpose research facility.
(b) ESTABLISHMENT OF SMALL BUSINESS ASSISTANCE PROGRAM- The Secretary
shall require the Director of each National Laboratory, and may require the
director of a single-purpose research facility, to establish a program to
provide small business concerns--
(1) assistance directed at making them more effective and efficient
subcontractors or suppliers to the National Laboratory or single-purpose
research facility; or
(2) general technical assistance, the cost of which shall not exceed
$10,000 per instance of assistance, to improve the small business concern's
products or services.
(c) USE OF FUNDS- None of the funds expended under subsection (b) may be
used for direct grants to the small business concerns.
(d) DEFINITIONS- In this section:
(1) SMALL BUSINESS CONCERN- The term `small business concern' has the
meaning given such term in section 3 of the Small Business Act (15 U.S.C.
632).
(2) SOCIALLY AND ECONOMICALLY DISADVANTAGED SMALL BUSINESS CONCERNS- The
term `socially and economically disadvantaged small business concerns' has
the meaning given such term in section 8(a)(4) of the Small Business Act (15
U.S.C. 637(a)(4)).
SEC. 1410. OTHER TRANSACTIONS.
(a) IN GENERAL- Section 646 of the Department of Energy Organization Act
(42 U.S.C. 7256) is amended by adding at the end the following:
`(g) OTHER TRANSACTIONS AUTHORITY- (1) In addition to other authorities
granted to the Secretary to enter into procurement contracts, leases,
cooperative agreements, grants, and other similar arrangements, the Secretary
may enter into other transactions with public agencies, private organizations,
or persons on such terms as the Secretary may deem appropriate in furtherance
of basic, applied, and advanced research functions now or hereafter vested in
the Secretary. Such other transactions shall not be subject to the provisions
of section 9 of the Federal Nonnuclear Energy Research and Development Act of
1974 (42 U.S.C. 5908).
`(2)(A) The Secretary of Energy shall ensure that--
`(i) to the maximum extent practicable, no transaction entered into
under paragraph (1) provides for research that duplicates research being
conducted under existing programs carried out by the Department of Energy;
and
`(ii) to the extent that the Secretary determines practicable, the funds
provided by the Government under a transaction authorized by paragraph (1)
do not exceed the total amount provided by other parties to the
transaction.
`(B) A transaction authorized by paragraph (1) may be used for a research
project when the use of a standard contract, grant, or cooperative agreement
for such project is not feasible or appropriate.
`(3)(A) The Secretary shall not disclose any trade secret or commercial or
financial information submitted by a non-Federal entity under paragraph (1)
that is privileged and confidential.
`(B) The Secretary shall not disclose, for five years after the date the
information is received, any other information submitted by a non-Federal
entity under paragraph (1), including any proposal, proposal abstract,
document supporting a proposal, business plan, or technical information that
is privileged and confidential.
`(C) The Secretary may protect from disclosure, for up to five years, any
information developed pursuant to a transaction under paragraph (1) that would
be protected from disclosure under section 552(b)(4) of title 5, United States
Code, if obtained from a person other than a Federal agency.'.
(b) IMPLEMENTATION- Not later than six months after the date of enactment
of this section, the Department shall establish guidelines for the use of
other transactions.
SEC. 1411. MOBILITY OF SCIENTIFIC AND TECHNICAL PERSONNEL.
Not later than two years after the enactment of this section, the
Secretary, acting through the Technology Transfer Coordinator under section
1407, shall determine whether each contractor operating a National Laboratory
or single-purpose research facility has policies and procedures that do not
create disincentives to the transfer of scientific and technical personnel
among the contractor-operated National Laboratories or contractor-operated
single-purpose research facilities.
SEC. 1412. NATIONAL ACADEMY OF SCIENCES REPORT.
Within 90 days after the date of enactment of this Act, the Secretary
shall contract with the National Academy of Sciences to--
(1) conduct a study on the obstacles to accelerating the innovation
cycle for energy technology, and
(2) report to the Congress recommendations for shortening the cycle of
research, development, and deployment.
SEC. 1413. REPORT ON TECHNOLOGY READINESS AND BARRIERS TO TECHNOLOGY
TRANSFER.
(a) IN GENERAL- The Secretary, acting through the Technology Partnership
Working Group and in consultation with representatives of affected industries,
universities, and small business concerns, shall--
(1) assess the readiness for technology transfer of energy technologies
developed through projects funded from appropriations authorized under
subtitles A through D of title XIV, and
(2) identify barriers to technology transfer and cooperative research
and development agreements between the Department or a National Laboratory
and a non-federal person; and
(3) make recommendations for administrative or legislative actions
needed to reduce or eliminate such barriers.
(b) REPORT- The Secretary provide a report to Congress and the President
on activities carried out under this section not later than one year after the
date of enactment of this section, and shall update such report on a biennial
basis, taking into account progress toward eliminating barriers to technology
transfer identified in previous reports under this section.
TITLE XV--PERSONNEL AND TRAINING
SEC. 1501. WORKFORCE TRENDS AND TRAINEESHIP GRANTS.
(1) MONITORING- The Secretary of Energy (in this title referred to as
the `Secretary'), acting through the Administrator of the Energy Information
Administration, in consultation with the Secretary of Labor, shall monitor
trends in the workforce of skilled technical personnel supporting energy
technology industries, including renewable energy industries, companies
developing and commercializing devices to increase energy-efficiency, the
oil and gas industry, nuclear power industry, the coal industry, and other
industrial sectors as the Secretary may deem appropriate.
(2) ANNUAL REPORTS- The Administrator of the Energy Information
Administration shall include statistics on energy industry workforce trends
in the annual reports of the Energy Information Administration.
(3) SPECIAL REPORTS- The Secretary shall report to the appropriate
committees of Congress whenever the Secretary determines that significant
shortfalls of technical personnel in one or more energy industry segments
are forecast or have occurred.
(b) TRAINEESHIP GRANTS FOR TECHNICALLY SKILLED PERSONNEL-
(1) GRANT PROGRAMS- The Secretary shall establish grant programs in the
appropriate offices of the Department to enhance training of technically
skilled personnel for which a shortfall is determined under subsection
(a).
(2) ELIGIBLE INSTITUTIONS- As determined by the Secretary to be
appropriate to the particular workforce shortfall, the Secretary shall make
grants under paragraph (1) to--
(A) an institution of higher education;
(B) a postsecondary educational institution providing vocational and
technical education (within the meaning given those terms in section 3 of
the Carl D. Perkins Vocational and Technical Education Act of 1998 (20
U.S.C. 2302));
(C) appropriate agencies of State, local, or tribal governments;
or
(D) joint labor and management training organizations with state or
federally recognized apprenticeship programs and other employee-based
training organizations as the Secretary considers appropriate.
(c) DEFINITION- For purposes of this section, the term `skilled technical
personnel' means journey and apprentice level workers who are enrolled in or
have completed a state or federally recognized apprenticeship program and
other skilled workers in energy technology industries.
(d) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized under section
1241(c), there are authorized to be appropriated to the Secretary for
activities under this section such sums as may be necessary for each fiscal
year.
SEC. 1502. POSTDOCTORAL AND SENIOR RESEARCH FELLOWSHIPS IN ENERGY
RESEARCH.
(a) POSTDOCTORAL FELLOWSHIPS- The Secretary shall establish a program of
fellowships to encourage outstanding young scientists and engineers to pursue
postdoctoral research appointments in energy research and development at
institutions of higher education of their choice. In establishing a program
under this subsection, the Secretary may enter into appropriate arrangements
with the National Academy of Sciences to help administer the program.
(b) DISTINGUISHED SENIOR RESEARCH FELLOWSHIPS- The Secretary shall
establish a program of fellowships to allow outstanding senior researchers in
energy research and development and their research groups to explore research
and development topics of their choosing for a fixed period of time. Awards
under this program shall be made on the basis of past scientific or technical
accomplishment and promise for continued accomplishment during the period of
support, which shall not be less than 3 years.
(c) AUTHORIZATION OF APPROPRIATIONS- From amounts authorized under section
1241(c), there are authorized to be appropriated to the Secretary for
activities under this section such sums as may be necessary for each fiscal
year.
SEC. 1503. TRAINING GUIDELINES FOR ELECTRIC ENERGY INDUSTRY PERSONNEL.
(a) MODEL GUIDELINES- The Secretary shall, in cooperation with electric
generation, transmission, and distribution companies and recognized
representatives of employees of those entities, develop model employee
training guidelines to support electric supply system reliability and
safety.
(b) CONTENT OF GUIDELINES- The guidelines under this section shall
include--
(1) requirements for worker training, competency, and certification,
developed using criteria set forth by the Utility Industry Group recognized
by the National Skill Standards Board; and
(2) consolidation of existing guidelines on the construction, operation,
maintenance, and inspection of electric supply generation, transmission and
distribution facilities such as those established by the National Electric
Safety Code and other industry consensus standards.
SEC. 1504. NATIONAL CENTER ON ENERGY MANAGEMENT AND BUILDING
TECHNOLOGIES.
The Secretary shall establish a National Center on Energy Management and
Building Technologies, to carry out research, education, and training
activities to facilitate the improvement of energy efficiency and indoor air
quality in industrial, commercial and residential buildings. The National
Center shall be established in cooperation with--
(1) recognized representatives of employees in the heating, ventilation,
and air-conditioning industry;
(2) contractors that install and maintain heating, ventilation and
air-conditioning systems and equipment;
(3) manufacturers of heating, ventilation and air-conditioning systems
and equipment;
(4) representatives of the advanced building envelope industry,
including design, windows, lighting, and insulation industries; and
(5) other entities as appropriate.
SEC. 1505. IMPROVED ACCESS TO ENERGY-RELATED SCIENTIFIC AND TECHNICAL
CAREERS.
(a) DEPARTMENT OF ENERGY SCIENCE EDUCATION PROGRAMS- Section 3164 of the
Department of Energy Science Education Enhancement Act (42 U.S.C. 7381a) is
amended by adding at the end the following:
`(c) PROGRAMS FOR WOMEN AND MINORITY STUDENTS- In carrying out a program
under subsection (a), the Secretary shall give priority to activities that are
designed to encourage women and minority students to pursue scientific and
technical careers.'.
(b) PARTNERSHIPS WITH HISTORICALLY BLACK COLLEGES AND UNIVERSITIES,
HISPANIC-SERVICING INSTITUTIONS, AND TRIBAL COLLEGES- The Department of Energy
Science Education Enhancement Act (42 U.S.C. 7381 et seq.) is amended--
(1) by redesignating sections 3167 and 3168 as sections 3168 and 3169,
respectively; and
(2) by inserting after section 3166 the following:
SEC. 3167. PARTNERSHIPS WITH HISTORICALLY BLACK COLLEGES AND UNIVERSITIES,
HISPANIC-SERVING INSTITUTIONS, AND TRIBAL COLLEGES.
`(a) DEFINITIONS- In this section:
`(1) HISPANIC-SERVING INSTITUTION- The term `Hispanic-serving
institution' has the meaning given the term in section 502(a) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)).
`(2) HISTORICALLY BLACK COLLEGE OR UNIVERSITY- The term `historically
Black college or university' has the meaning given the term `part B
institution' in section 322 of the Higher Education Act of 1965 (20 U.S.C.
1061).
`(3) NATIONAL LABORATORY- The term `National Laboratory' has the meaning
given the term in section 1203 of the Energy Science and Technology
Enhancement Act of 2002.
`(4) SCIENCE FACILITY- The term `science facility' has the meaning given
the term `single-purpose research facility' in section 1401 of the Energy
Science and Technology Enhancement Act of 2002.
`(5) TRIBAL COLLEGE- The term `tribal college' has the meaning given the
term `tribally controlled college or university' in section 2(a) of the
Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C.
1801(a)).
`(b) EDUCATION PARTNERSHIP-
`(1) IN GENERAL- The Secretary shall direct the Director of each
National Laboratory, and may direct the head of any science facility, to
increase the participation of historically Black colleges or universities,
Hispanic-serving institutions, or tribal colleges in activities that
increase the capacity of the historically Black colleges or universities,
Hispanic-serving institutions, or tribal colleges to train personnel in
science or engineering.
`(2) ACTIVITIES- An activity under paragraph (1) may include--
`(A) collaborative research;
`(B) a transfer of equipment;
`(C) training of personnel at a National Laboratory or science
facility; and
`(D) a mentoring activity by personnel at a National Laboratory or
science facility.
`(c) REPORT- Not later than 2 years after the date of enactment of this
section, the Secretary shall submit to the Committee on Science of the House
of Representatives and the Committee on Energy and Natural Resources of the
Senate a report on the activities carried out under this section.'.
DIVISION F--TECHNOLOGY ASSESSMENT AND STUDIES
TITLE XVI--TECHNOLOGY ASSESSMENT
SEC. 1601. NATIONAL SCIENCE AND TECHNOLOGY ASSESSMENT SERVICE.
The National Science and Technology Policy, Organization, and Priorities
Act of 1976 (42 U.S.C. 6601 et seq.) is amended by adding at the end the
following:
`TITLE VII--NATIONAL SCIENCE AND TECHNOLOGY ASSESSMENT
SERVICE
`SEC. 701. ESTABLISHMENT.
`There is hereby created a Science and Technology Assessment Service
(hereinafter referred to as the `Service'), which shall be within and
responsible to the legislative branch of the Government.
`SEC. 702. COMPOSITION.
`The Service shall consist of a Science and Technology Board (hereinafter
referred to as the `Board') which shall formulate and promulgate the policies
of the Service, and a Director who shall carry out such policies and
administer the operations of the Service.
`SEC. 703. FUNCTIONS AND DUTIES.
`The Service shall coordinate and develop information for Congress
relating to the uses and application of technology to address current national
science and technology policy issues. In developing such technical assessments
for Congress, the Service shall utilize, to the extent practicable, experts
selected in coordination with the National Research Council.
`SEC. 704. INITIATION OF ACTIVITIES.
`Science and technology assessment activities undertaken by the Service
may be initiated upon the request of--
`(1) the Chairman of any standing, special, or select committee of
either House of the Congress, or of any joint committee of the Congress,
acting for himself or at the request of the ranking minority member or a
majority of the committee members;
`SEC. 705. ADMINISTRATION AND SUPPORT.
`The Director of the Science and Technology Assessment Service shall be
appointed by the Board and shall serve for a term of 6 years unless sooner
removed by the Board. The Director shall receive basic pay at the rate
provided for level III of the Executive Schedule under section 5314 of title
5, United States Code. The Director shall contract for administrative support
from the Library of Congress.
`SEC. 706. AUTHORITY.
`The Service shall have the authority, within the limits of available
appropriations, to do all things necessary to carry out the provisions of this
section, including, but without being limited to, the authority to--
`(1) make full use of competent personnel and organizations outside the
Office, public or private, and form special ad hoc task forces or make other
arrangements when appropriate;
`(2) enter into contracts or other arrangements as may be necessary for
the conduct of the work of the Office with any agency or instrumentality of
the United States, with any State, territory, or possession or any political
subdivision thereof, or with any person, firm, association,
corporation, or educational institution, with or without reimbursement,
without performance or other bonds, and without regard to section 3709 of the
Revised Statutes (41 U.S.C. 51);
`(3) accept and utilize the services of voluntary and uncompensated
personnel necessary for the conduct of the work of the Service and provide
transportation and subsistence as authorized by section 5703 of title 5,
United States Code, for persons serving without compensation; and
`(4) prescribe such rules and regulations as it deems necessary
governing the operation and organization of the Service.
`SEC. 707. BOARD.
`The Board shall consist of 13 members as follows--
`(1) 6 Members of the Senate, appointed by the President pro tempore of
the Senate, 3 from the majority party and 3 from the minority party;
`(2) 6 Members of the House or Representatives appointed by the Speaker
of the House of Representatives, 3 from the majority party and 3 from the
minority party; and
`(3) the Director, who shall not be a voting member.
`SEC. 708. REPORT TO CONGRESS.
`The Service shall submit to the Congress an annual report which shall
include, but not be limited to, an evaluation of technology assessment
techniques and identification, insofar as may be feasible, of technological
areas and programs requiring future analysis. The annual report shall be
submitted not later than March 15 of each year.
`SEC. 709. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the Service such sums as are
necessary to fulfill the requirements of this title.'.
TITLE XVII--STUDIES
SEC. 1701. REGULATORY REVIEWS.
(a) REGULATORY REVIEWS- Not later than one year after the date of
enactment of this section and every five years thereafter, each Federal agency
shall review relevant regulations and standards to identify--
(1) existing regulations and standards that act as barriers to--
(A) market entry for emerging energy technologies (including fuel
cells, combined heat and power, distributed power generation, and
small-scale renewable energy), and
(B) market development and expansion for existing energy technologies
(including combined heat and power, small-scale renewable energy, and
energy recovery in industrial processes), and
(2) actions the agency is taking or could take to--
(A) remove barriers to market entry for emerging energy technologies
and to market expansion for existing technologies,
(B) increase energy efficiency and conservation, or
(C) encourage the use of new and existing processes to meet energy and
environmental goals.
(b) REPORT TO CONGRESS- Not later than 18 months after the date of
enactment of this section, and every five years thereafter, the Director of
the Office of Science and Technology Policy shall report to the Congress on
the results of the agency reviews conducted under subsection (a).
(c) CONTENTS OF THE REPORT- The report shall--
(1) identify all regulatory barriers to--
(A) the development and commercialization of emerging energy
technologies and processes, and
(B) the further development and expansion of existing energy
conservation technologies and processes,
(2) actions taken, or proposed to be taken, to remove such barriers,
and
(3) recommendations for changes in laws or regulations that may be
needed to--
(A) expedite the siting and development of energy production and
distribution facilities,
(B) encourage the adoption of energy efficiency and process
improvements,
(C) facilitate the expanded use of existing energy conservation
technologies, and
(D) reduce the environmental impacts of energy facilities and
processes through transparent and flexible compliance methods.
SEC. 1702. ASSESSMENT OF DEPENDENCE OF HAWAII ON OIL.
(a) STUDY- Not later than 60 days after the enactment of this Act, the
Secretary of Energy shall initiate a study that assesses the economic risk
posed by the dependence of Hawaii on oil as the principal source of energy.
(b) SCOPE OF THE STUDY- The Secretary shall assess--
(1) the short- and long-term threats to the economy of Hawaii posed by
insecure supply and volatile prices;
(2) the impact on availability and cost of refined petroleum products if
oil-fired electric generation is displaced by other sources;
(3) the feasibility of increasing the contribution of renewable sources
to the overall energy requirements of Hawaii; and
(4) the feasibility of using liquid natural gas as a source of energy to
supplement oil.
(c) REPORT- Not later than 300 days after the date of enactment of this
section, the Secretary shall prepare, in consultation with appropriate
agencies of the State of Hawaii, industry representatives, and citizen groups,
and shall submit to Congress a report detailing the Secretary's findings,
conclusions, and recommendations. The report shall include--
(1) a detailed analysis of the availability, economics, infrastructure
needs, and recommendations to increase the contribution of renewable energy
sources to the overall energy requirements of Hawaii; and
(2) a detailed analysis of the use of liquid natural gas,
including--
(A) the availability of supply,
(C) environmental and safety considerations,
(D) technical limitations,
(E) infrastructure and transportation requirements,
(F) siting and facility configurations, including--
(i) onshore and offshore alternatives, and
(ii) environmental and safety considerations of both onshore and
offshore alternatives.
(c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
appropriated to the Secretary of Energy such sums as may be necessary to carry
out the purposes of this section.
SEC. 1703. STUDY OF SITING AN ELECTRIC TRANSMISSION SYSTEM ON AMTRAK
RIGHT-OF-WAY.
(a) STUDY- The Secretary of Energy shall contract with Amtrak to conduct a
study of the feasibility of building and operating a new electric transmission
system on the Amtrak right-of-way in the Northeast Corridor.
(b) SCOPE OF THE STUDY- The study shall focus on siting the new system on
the Amtrak right-of-way within the Northeastern Corridor between Washington,
D.C., and New Rochelle, New York, including the Amtrak right-of-way between
Philadelphia, Pennsylvania and Harrisburg, Pennsylvania.
(c) CONTENTS OF THE STUDY- The study shall consider--
(1) alternative geographic configuration of a new electronic
transmission system on the Amtrak right-of-way;
(2) alternative technologies for the system;
(3) the estimated costs of building and operating each
alternative;
(4) alternative means of financing the system;
(5) the environmental risks and benefits of building and operating each
alternative as well as environmental risks and benefits of building and
operating the system on the Northeast Corridor rather than at other
locations;
(6) engineering and technological obstacles to building and operating
each alternative; and
(7) the extent to which each alternative would enhance the reliability
of the electric transmission grid and enhance competition in the sale of
electric energy at wholesale within the Northeast Corridor.
(d) RECOMMENDATIONS- The study shall recommend the optimal geographic
configuration, the optimal technology, the optimal engineering design, and the
optimal means of financing for the new system from among the alternatives
considered.
(e) REPORT- The Secretary of Energy shall submit the completed study to
the Committee on Energy and Natural Resources of the United States Senate and
the Committee on Energy and Commerce of the House of Representatives not later
than 270 days after the date of enactment of this section.
(f) DEFINITIONS- For purposes of this section--
(1) the term `Amtrak' means the National Railroad Passenger Corporation
established under chapter 243 of title 49, United States Code; and
(2) the term `Northeast Corridor' shall have the meaning given such term
under section 24102(7) of title 49, United States Code.
DIVISION G--ENERGY INFRASTRUCTURE SECURITY
TITLE XVIII--CRITICAL ENERGY INFRASTRUCTURE
Subtitle A--Department of Energy Programs
SEC. 1801. DEFINITIONS.
(1) Critical energy infrastructure-
(A) IN GENERAL- The term `critical energy infrastructure' means a
physical or cyber-based system or service for--
(i) the generation, transmission or distribution of electric energy;
or
(ii) the production, refining, or storage of petroleum, natural gas,
or petroleum product--
the incapacity or destruction of which would have a debilitating
impact on the defense or economic security of the United States.
(B) EXCLUSION- The term shall not include a facility that is licensed
by the Nuclear Regulatory Commission under section 103 or 104 b. of the
Atomic Energy Act of 1954 (42 U.S.C. 2133 and 2134(b)).
(2) DEPARTMENT; NATIONAL LABORATORY; SECRETARY- The terms `Department',
`National Laboratory', and `Secretary' have the meaning given such terms in
section 1203.
SEC. 1802. ROLE OF THE DEPARTMENT OF ENERGY.
Section 102 of the Department of Energy Organization Act (42 U.S.C. 7112)
is amended by adding at the end the following:
`(20) To ensure the safety, reliability, and security of the nation's
energy infrastructure, and to respond to any threat to or disruption of such
infrastructure, through activities including--
`(A) research and development;
`(B) financial assistance, technical assistance, and cooperative
activities with States, industry, and other interested parties;
and
`(C) education and public outreach activities.'.
SEC. 1803. CRITICAL ENERGY INFRASTRUCTURE PROGRAMS.
(a) PROGRAMS- In addition to the authorities otherwise provided by law
(including section 1261), the Secretary is authorized to establish programs of
financial, technical, or administrative assistance to--
(1) enhance the security of critical energy infrastructure in the United
States;
(2) develop and disseminate, in cooperation with industry, best
practices for critical energy infrastructure assurance; and
(3) protect against, mitigate the effect of, and improve the ability to
recover from disruptive incidents affecting critical energy
infrastructure.
(b) REQUIREMENTS- A program established under this section shall--
(1) be undertaken in consultation with the advisory committee
established under section 1804;
(2) have available to it the scientific and technical resources of the
Department, including resources at a National Laboratory; and
(3) be consistent with any overall Federal plan for national
infrastructure security developed by the President or his designee.
SEC. 1804. ADVISORY COMMITTEE ON ENERGY INFRASTRUCTURE SECURITY.
(a) ESTABLISHMENT- The Secretary shall establish an advisory committee, or
utilize an existing advisory committee within the Department, to advise the
Secretary on policies and programs related to the security of U.S. energy
infrastructure.
(b) BALANCED MEMBERSHIP- The Secretary shall ensure that the advisory
committee established or utilized under subsection (a) has a membership with
an appropriate balance among the various interests related to energy
infrastructure security, including--
(1) scientific and technical experts;
(3) worker representatives;
(4) insurance companies or organizations;
(5) environmental organizations;
(6) representatives of State, local, and tribal governments; and
(7) such other interests as the Secretary may deem appropriate.
(c) EXPENSES- Members of the advisory committee established or utilized
under subsection (a) shall serve without compensation, and shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter 57 of
title 5, United States Code, while away from the home or regular place of
business of the member in the performance of the duties of the committee.
SEC. 1805. BEST PRACTICES AND STANDARDS FOR ENERGY INFRASTRUCTURE
SECURITY.
The Secretary, in consultation with the advisory committee under section
1804, shall enter into appropriate arrangements with one or more
standard-setting organizations, or similar organizations, to assist the
development of industry best practices and standards for security related to
protecting critical energy infrastructure.
Subtitle B--Department of the Interior Programs
SEC. 1811. OUTER CONTINENTAL SHELF ENERGY INFRASTRUCTURE SECURITY.
(a) DEFINITIONS- In this section:
(1) APPROVED STATE PLAN- The term `approved State plan' means a State
plan approved by the Secretary under subsection (c)(3).
(2) COASTLINE- The term `coastline' has the same meaning as the term
`coast line' as defined in subsection 2(c) of the Submerged Lands Act (43
U.S.C. 1301(c)).
(3) CRITICAL OCS ENERGY INFRASTRUCTURE FACILITY- The term `OCS critical
energy infrastructure facility' means--
(A) a facility related to the production of oil or gas on the Outer
Continental Shelf; and
(B) a related facility that carries out a public service,
transportation, or infrastructure activity critical to the operation of an
energy infrastructure facility, as determined by the Secretary.
(4) DISTANCE- The term `distance' means the minimum great circle
distance, measured in statute miles.
(A) IN GENERAL- The term `leased tract' means a tract that--
(i) is subject to a lease under section 6 or 8 of the Outer
Continental Shelf Lands Act (43 U.S.C. 1335, 1337) for the purpose of
drilling for, developing, and producing oil or natural gas resources;
and
(ii) consists of a block, a portion of a block, a combination of
blocks or portions of blocks, or a combination of portions of blocks,
as--
(I) specified in the lease; and
(II) depicted on an outer Continental Shelf official protraction
diagram.
(B) EXCLUSION- The term `leased tract' does not include a tract
described in subparagraph (A) that is located in a geographic area subject
to a leasing moratorium on January 1, 2001, unless the lease was in
production on that date.
(6) OCS POLITICAL SUBDIVISION- The term `OCS political subdivision'
means a county, parish, borough or any equivalent subdivision of an OCS
Production State all or part of which subdivision lies within the coastal
zone (as defined in section 304(1) of the Coastal Zone Management Act of
1972 (16 U.S.C. 1453(1)).
(7) OCS PRODUCTION STATE- The term `OCS Production State' means the
State of--
(8) PRODUCTION- The term `production' has the meaning given the term in
section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331).
(9) PROGRAM- The term `program' means the Outer Continental Shelf Energy
Infrastructure Security Program established under subsection (b).
(10) QUALIFIED OUTER CONTINENTAL SHELF REVENUES- The term `qualified
Outer Continental Shelf revenues' means all amounts received by the United
States from each leased tract or portion of a leased tract lying seaward of
the zone defined and governed by section 8(g) of the Outer Continental Shelf
Lands Act (43 U.S.C. 1331, et seq.), or lying within such zone but
to which section 8(g) does not apply, the geographic center of which lies
within a distance of 200 miles from any part of the coastline of any State,
including bonus bids, rents, royalties (including payments for royalties
taken in kind and sold), net profit share payments, and related late payment
interest. Such term does not include any revenues from a leased tract or
portion of a leased tract that is included within any area of the Outer
Continental Shelf where a moratorium on new leasing was in effect as of
January 1, 2001, unless the lease was issued prior to the establishment of
the moratorium and was in production on January 1, 2001.
(11) SECRETARY- The term `Secretary' means the Secretary of the
Interior.
(12) STATE PLAN- The term `State plan' means a State plan described in
subsection (b).
(b) ESTABLISHMENT- The Secretary shall establish a program, to be known as
the `Outer Continental Shelf Energy Infrastructure Security Program,' under
which the Secretary shall provide funds to OCS Production States to implement
approved State plans to provide security against hostile and natural threats
to critical OCS energy infrastructure facilities and support of any necessary
public service or transportation activities that are needed to maintain the
safety and operation of critical energy infrastructure activities. For
purposes of this program, restoration of any coastal wetland shall be
considered to be an activity that secures critical OCS energy infrastructure
facilities from a natural threat.
(1) INITIAL PLAN- Not later than 180 days after the date of enactment of
this Act, to be eligible to receive funds under the program, the Governor of
an OCS Production State shall submit to the Secretary a plan to provide
security against hostile and natural threats to critical energy
infrastructure facilities in the OCS Production State and to support any of
the necessary public service or transportation activities that are needed to
maintain the safety and operation of critical energy infrastructure
facilities. Such plan shall include--
(A) the name of the State agency that will have the authority to
represent and act for the State in dealing with the Secretary for purposes
of this section;
(B) a program for the implementation of the plan which describes how
the amounts provided under this section will be used;
(C) a contact for each OCS political subdivision and description of
how such political subdivisions will use amounts provided under this
section, including a certification by the Governor that such uses are
consistent with the requirements of this section;
(D) certification by the Governor that ample opportunity has been
accorded for public participation in the development and revision of the
plan; and
(E) Measures for taking into account other relevant Federal resources
and programs.
(A) FIRST REVISED PLAN- Not later than 18 months after the date of
enactment of this Act, the Governor of a State shall submit to the
Secretary a revised State plan.
(B) ANNUAL REVIEWS- Not later than 1 year after the date of submission
of the revised plan under subparagraph (A) and annually thereafter, the
Governor of an OCS Production State shall--
(i) review the approved State plan; and
(ii) submit to the Secretary any revised State plan resulting from
the review.
(A) IN GENERAL- In consultation with appropriate Federal security
officials and the Secretaries of Commerce and Energy, the Secretary
shall--
(i) approve each State plan; or
(ii) recommend changes to the State plan.
(B) RESUBMISSION OF STATE PLANS- If the Secretary recommends changes
to a State plan under subparagraph (A)(ii), the Governor of the OCS
Production State may resubmit a revised State plan to the Secretary for
approval.
(4) AVAILABILITY OF PLANS-
(A) AVAILABILITY TO THE PUBLIC- The Secretary, in consultation with
the Governor of an OCS Production State, shall determine whether and to
what extent the approved State plan shall be made public.
(B) AVAILABILITY TO CONGRESS- The Secretary shall provide to Congress,
on a confidential basis, a copy of each approved State plan.
(5) CONSULTATION AND PUBLIC COMMENT-
(A) CONSULTATION- The Governor of an OCS Production State shall
develop the State plan in consultation with Federal, State, and local law
enforcement and public safety officials, industry, Indian tribes, the
scientific community, and other persons as appropriate.
(B) PUBLIC COMMENT- The Governor of an OCS Production State may
solicit public comments on the State plan to the extent that the Governor
determines to be appropriate.
(d) ALLOCATION OF AMOUNTS BY THE SECRETARY- The Secretary shall allocate
the amounts made available for the purposes of carrying out the program
provided for by this section among OCS Production States as follows:
(1) 25 percent of the amounts shall be divided equally among OCS
Production States; and
(2) 75 percent of the amounts shall be divided among OCS Production
States on the basis of the proximity of each OCS Production State to
offshore locations at which oil and gas are being produced.
(e) CALCULATION- The amount for each OCS Production State under paragraph
(d)(2) shall be calculated based on the ratio of qualified OCS revenues
generated off the coastline of the OCS Production State to the qualified OCS
revenues generated off the coastlines of all OCS Production States for the
prior five-year period. Where there is more than one OCS Production State
within 200 miles of a leased tract, the amount of each OCS Production State's
payment under paragraph (d)(2) for such leased tract shall be inversely
proportional to the distance between the nearest point on the coastline of
such State and the geographic center of each leased tract or portion of the
leased tract (to the nearest whole mile) that is within 200 miles of that
coastline, as determined by the Secretary. A leased tract or portion of a
leased tract shall be excluded if the tract or portion is located in a
geographic area where a moratorium on new leasing was in effect on January 1,
2001, unless the lease was issued prior to the establishment of the moratorium
and was in production on January 1, 2001.
(f) PAYMENTS TO OCS POLITICAL SUBDIVISIONS- Thirty-five percent of each
OCS Production State's allocable share as determined under subsection (e)
shall be paid directly to the OCS political subdivisions by the Secretary
based on the following formula, except that a political subdivision in the
State of California that has a coastal shoreline that is not within 200 miles
of the geographic center of a leased tract or portion of a leased tract and in
which there is located one or more oil refineries shall be eligible for that
portion of the allocation described in paragraph (3) in the same manner as if
that political subdivision were located within a distance of 50 miles from the
geographic center of the closest leased tract with qualified Outer Continental
Shelf revenues:
(1) 25 percent shall be allocated based on the ratio of such OCS
political subdivision's coastal population to the coastal population of all
OCS political subdivisions in the OCS Production State.
(2) 25 percent shall be allocated based on the ratio of such OCS
political subdivision's coastline miles to the coastline miles of all OCS
political subdivisions in the OCS Production State. For purposes of this
subsection, those OCS political subdivisions without coastlines shall be
considered to have a coastline that is the average length of the coastlines
of all political subdivisions in the state.
(3) 50 percent shall be allocated based on the relative distance of such
OCS political subdivision from any leased tract used to calculate that OCS
Production State's allocation using ratios that are inversely proportional
to the distance between the point in the coastal political subdivision
closest to the geographic center of each leased tract or portion, as
determined by the Secretary. For purposes of the calculations under this
subparagraph, a leased tract or portion of a leased tract shall be excluded
if the leased tract or portion is located in a geographic area where a
moratorium on new leasing was in effect on January 1, 2001, unless the lease
was issued prior to the establishment of the moratorium and was in
production on January 1, 2001.
(g) FAILURE TO HAVE PLAN APPROVED- Any amount allocated to an OCS
Production State or OCS political subdivision but not disbursed because of a
failure to have an approved Plan under this section shall be allocated equally
by the Secretary among all other OCS Production States in a manner consistent
with this subsection except that the Secretary shall hold in escrow such
amount until the final resolution of any appeal regarding the disapproval of a
plan submitted under this section. The Secretary may waive the provisions of
this paragraph and hold an OCS Production State's allocable share in escrow if
the Secretary determines that such State is making a good faith effort to
develop and submit, or update, a Plan.
(h) Use of Amounts Allocated by The Secretary-
(1) IN GENERAL- Amounts allocated by the Secretary under subsection (d)
may be used only in accordance with a plan approved pursuant to subsection
(c) for--
(A) activities to secure critical OCS energy infrastructure facilities
from human or natural threats; and
(B) support of any necessary public service or transportation
activities that are needed to maintain the safety and operation of
critical OCS energy infrastructure facilities.
(2) RESTORATION OF COASTAL WETLAND- For the purpose of subparagraph
(1)(A), restoration of any coastal wetland shall be considered to be an
activity that secures critical OCS energy infrastructure facilities from a
natural threat.
(i) AUTHORIZATION OF APPROPRIATIONS- There are hereby authorized to be
appropriated $450,000,000 for each of the fiscal years 2003 through 2008 to
carry out the purposes of this section.
Subtitle C--Commercial Nuclear Facility Security
SEC. 1811. RESERVED.
Calendar No. 259
107th CONGRESS
1st Session
S. 1766
A BILL
To provide for the energy security of the Nation, and for other purposes.
December 6, 2001
Read the second time and placed on the calendar
END