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``(b) REPORT TO CONGRESS.--Not earlier than 18 months after the effective date of this subtitle or later than 24 months after
[Page: S1951] GPO's PDF
``SEC. 224. EFFECTIVE DATE.
``This subtitle shall take effect 18 months after the date of enactment of this subtitle.
``SEC. 237. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such funds as may be necessary to carry out this subtitle.
``SEC. 225. CONFORMING AMENDMENTS TO THE FEDERAL POWER ACT.
``(a) Section 318 of the Federal Power Act (16 U.S.C. 825q) is repealed.
``(b) Section 201(g) of the Federal Power Act (16 U.S.C. 824(g)) is amended by striking ``1935'' and inserting ``2002''.
``(c) Section 214 of the Federal Power Act (16 U.S.C. 824m) is amended by striking ``1935'' and inserting ``2002''.
``SEC. 244. COGENERATION AND SMALL POWER PRODUCTION PURCHASE AND SALE REQUIREMENTS.
``(a) TERMINATION OF MANDATORY PURCHASE AND SALE REQUIREMENTS.--Section 210 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 824a-3) is amended by adding at the end the following:
``(m) TERMINATION OF MANDATORY PURCHASE AND SALE REQUIREMENTS.--
``(1) IN GENERAL.--After the date of enactment of this subsection, no electric utility shall be required to enter into a new contract or obligation to purchase or sell electric energy under this section.
``(2) NO EFFECT ON EXISTING RIGHTS AND REMEDIES.--Nothing in this subsection affects the rights or remedies of any party with respect to the purchase or sale of electric energy or capacity from or to a facility under this section under any contract or obligation to purchase or to sell electric energy or capacity on the date of enactment of this subsection, including--
``(A) the right to recover costs of purchasing such electric energy or capacity; and
(B) in States without competition for retail electric supply, the obligation of a utility to provide, at just and reasonable rates for consumption by a qualifying small power production facility or a qualifying cogeneration facility, backup, standby, and maintenance power.
``(3) RECOVERY OF COSTS.--
``(A) REGULATION .--To ensure recovery by an electric utility that purchases electric energy or capacity from a qualifying facility pursuant to any legally enforceable obligation entered into or imposed under this section before the date of enactment of this subsection, of all prudently incurred costs associated with the purchases, the Commission shall issue and enforce such regulations as may be required to ensure that the electric utility shall collect the prudently incurred costs associated with such purchases.
``(B) ENFORCEMENT.--A regulation under subparagraph (A) shall be enforceable in accordance with the provisions of law applicable to enforcement of regulations under the Federal Power Act (16 U.S.C. 791a et seq.).'
``(b) ELIMINATION OF OWNERSHIP LIMITATION.--
``(1) Section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)) is amended to read as follows;
``(C) `qualifying small power production facility' means a small power production facility that the commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe.'.
``(2) Section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)) is amended to read as follows:
``(B) `qualifying cogeneration facility' means a cogeneration facility that the commission determines, by rule, meets such requirements (including requirements respecting minimum size, fuel use, and fuel efficiency) as the Commission may, by rule, prescribe.''.
--
SA 3028. Mr. LOTT proposed an amendment to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
At the appropriate place, add the following:
``SEC. . FAIR TREATMENT OF PRESIDENTIAL JUDICIAL NOMINEES.
(a) FINDINGS.--The Senate finds that--
(1) The Senate Judiciary Committee's pace in acting on judicial nominees thus far in this Congress has caused the number of judges confirmed by the Senate to fall below the number of judges who have retired during the same period, such that the 67 judicial vacancies that existed when Congress adjourned under President Clinton's last term in office in 2000 have now grown to 96 judicial vacancies, which represents an increase from 7.9 percent to 11 percent in the total number of Federal judgeships that are currently vacant;
(2) thirty one of the 96 current judicial vacancies are on the United States Courts of Appeals, representing a 17.3 percent vacancy rate for such seats;
(3) seventeen of the 31 vacancies on the Courts of Appeals have been declared ``judicial emergencies'' by the Administrative Office of the U.S. Courts;
(4) during the first 2 years of President Reagan's first term, 19 of the 20 circuit court nominations that he submitted to the Senate were confirmed; and during the first 2 years of President George H. W. Bush's term, 22 of the 23 circuit court nominations that he submitted to the Senate were confirmed; and during the first 2 years of President Clinton's first term, 19 of the 22 circuit court nominations that he submitted to the Senate were confirmed; and
(5) only 7 of President George W. Bush's 29 circuit court nominees have been confirmed to date, representing just 24 percent of such nominations submitted to the Senate.
(b) SENSE OF THE SENATE.--It is the Sense of the Senate that, in the interests of the administration of justice, the Senate Judiciary Committee shall hold hearings on the nominees submitted by the President on May 9, 2001, by May 9, 2002.
--
SA 3029. Mr. REID (for Mr. ALLARD) proposed an amendment to the bill S. 1372, to reauthorize the Export-Import Bank of the United States; as follows:
At the end of the bill, add the following:
SEC. 7. INSPECTOR GENERAL OF THE EXPORT-IMPORT BANK.
(a) ESTABLISHMENT OF POSITION.--Section 11 of the Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(1) in paragraph (1), by striking ``or the Board of Directors of the Tennessee Valley Authority;'' and inserting ``the Board of Directors of the Tennessee Valley Authority; or the President of the Export-Import Bank;''; and
(2) in paragraph (2), by striking ``or the Tennessee Valley Authority;'' and inserting ``the Tennessee Valley Authority, or the Export-Import Bank,''.
(b) SPECIAL PROVISIONS.--The Inspector General Act of 1978 is amended--
(1) by redesignating section 8I as section 8J and inserting after section 8H the following new section:``§8I. Special Provisions Relating to the Export-Import Bank of the United States
``(a) IN GENERAL.--The Inspector General of the Export-Import Bank shall not prevent or prohibit the Audit Committee from initiating, carrying out, or completing any audit or investigation or undertaking any other activities in the performance of the duties and responsibilities of the Audit Committee, including auditing the financial statements of the Export-Import Bank, determining when it is appropriate to use independent external auditors, and selecting independent external auditors. In carrying out the duties and responsibilities of Inspector General, the Inspector General of the Export-Import Bank shall not be prevented or prohibited from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena during the course of any audit or investigation. The Audit Committee shall make available to the Inspector General of the Export-Import Bank the reports of all audits the Committee undertakes in the discharge of its duties and responsibilities.
``(b) AUDIT COMMITTEE.--For purposes of this section, the term `Audit Committee' means the Audit Committee of the Board of Directors of the Export-Import Bank or any successor thereof.'';
(2) in section 8J (as redesignated), by striking ``or 8H of this Act'' and inserting ``8H, or 8I of this Act''.
(c) EXECUTIVE LEVEL IV.--Section 5315 of title 5, United States Code, is amended by inserting after the item relating to the Inspector General of the Environmental Protection Agency the following:
``Inspector General, Export-Import Bank.''.
(d) INITIAL IMPLEMENTATION.--Section 9(a)(2) of the Inspector General Act of 1978 is amended by inserting ``to the Office of the Inspector General,'' after ``(2)''.
(e) TECHNICAL CORRECTIONS.--Section 11 of the Inspector General Act of 1978 is amended--
(1) in paragraph (1)--
(A) by striking the second semicolon after ``Community Service'';
(B) by striking ``and'' after ``Financial Institutions Fund;''; and
(C) by striking ``and'' after ``Trust Corporation;''; and
(2) in paragraph (2), by striking the second comma after ``Community Service''.
(f) EFFECTIVE DATE.--The amendments made by this section shall take effect on October 1, 2002.
--
SA 3030. Mr. SCHUMER submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerhships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:
Beginning on page 186, strike line 9 and all that follows through page 205, line 8.
On page 236, strike lines 7 through 9 and insert the following:
is amended--
(1) by redesignating subsection (o) as subsection (p); and
[Page: S1952] GPO's PDF
(2) by inserting after subsection (n) the following:
``(o) ANALYSES OF MOTOR VEHICLE FUEL CHANGES.--
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