Text: H.R.776 — 102nd Congress (1991-1992)All Information (Except Text)

Text available as:

Shown Here:
Enrolled Bill

 
 
--H.R.776--
H.R.776
One Hundred Second Congress of the United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday, the third day of January,
one thousand nine hundred and ninety-two
An Act
To provide for improved energy efficiency.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
  (a) SHORT TITLE- This Act may be cited as the `Energy Policy Act of 1992'.
  (b) TABLE OF CONTENTS-
TITLE I--ENERGY EFFICIENCY
Subtitle A--Buildings
Sec. 101. Building energy efficiency standards.
Sec. 102. Residential energy efficiency ratings.
Sec. 103. Energy efficient lighting and building centers.
Sec. 104. Manufactured housing energy efficiency.
Sec. 105. Energy efficient mortgages.
Sec. 106. Energy efficient mortgages pilot program.
Subtitle B--Utilities
Sec. 111. Encouragement of investments in conservation and energy efficiency
by electric utilities.
Sec. 112. Energy efficiency grants to State regulatory authorities.
Sec. 113. Tennessee Valley Authority least-cost planning program.
Sec. 114. Amendment of Hoover Power Plant Act.
Sec. 115. Encouragement of investments in conservation and energy efficiency
by gas utilities.
Subtitle C--Appliance and Equipment Energy Efficiency Standards
Sec. 121. Energy efficiency labeling for windows and window systems.
Sec. 122. Energy conservation requirements for certain commercial and
industrial equipment.
Sec. 123. Energy conservation requirements for certain lamps and plumbing
products.
Sec. 124. High-intensity discharge lamps, distribution transformers, and
small electric motors.
Sec. 125. Energy efficiency information for commercial office equipment.
Sec. 126. Energy efficiency information for luminaires.
Sec. 127. Report on the potential of cooperative advanced appliance
development.
Sec. 128. Evaluation of utility early replacement programs for appliances.
Subtitle D--Industrial
Sec. 131. Energy efficiency in industrial facilities.
Sec. 132. Process-oriented industrial energy efficiency.
Sec. 133. Industrial insulation and audit guidelines.
Subtitle E--State and Local Assistance
Sec. 141. Amendments to State energy conservation program.
Sec. 142. Amendments to low-income weatherization program.
Sec. 143. Energy Extension Service program.
Subtitle F--Federal Agency Energy Management
Sec. 151. Definitions.
Sec. 152. Federal energy management amendments.
Sec. 153. General Services Administration Federal Buildings Fund.
Sec. 154. Report by General Services Administration.
Sec. 155. Energy savings performance contracts.
Sec. 156. Intergovernmental energy management planning and coordination.
Sec. 157. Federal agency energy management training.
Sec. 158. Energy audit teams.
Sec. 159. Federal energy cost accounting and management.
Sec. 160. Inspector General review and agency accountability.
Sec. 161. Procurement and identification of energy efficient products.
Sec. 162. Federal energy efficiency funding study.
Sec. 163. United States Postal Service energy regulations.
Sec. 164. United States Postal Service building energy survey and report.
Sec. 165. United States Postal Service energy management report.
Sec. 166. Energy management requirements for the United States Postal Service.
Sec. 167. Government contract incentives.
Sec. 168. Energy management requirements for congressional buildings.
Subtitle G--Miscellaneous
Sec. 171. Energy information.
Sec. 172. District heating and cooling programs.
Sec. 173. Study and report on vibration reduction technologies.
TITLE II--NATURAL GAS
Sec. 201. Fewer restrictions on certain natural gas imports and exports.
Sec. 202. Sense of Congress.
TITLE III--ALTERNATIVE FUELS--GENERAL
Sec. 301. Definitions.
Sec. 302. Amendments to the Energy Policy and Conservation Act.
Sec. 303. Minimum Federal fleet requirement.
Sec. 304. Refueling.
Sec. 305. Federal agency promotion, education, and coordination.
Sec. 306. Agency incentives program.
Sec. 307. Recognition and incentive awards program.
Sec. 308. Measurement of alternative fuel use.
Sec. 309. Information collection.
Sec. 310. General Services Administration report.
Sec. 311. United States Postal Service.
TITLE IV--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS
Sec. 401. Truck commercial application program.
Sec. 402. Conforming amendments.
Sec. 403. Alternative motor fuels amendments.
Sec. 404. Vehicular natural gas jurisdiction.
Sec. 405. Public information program.
Sec. 406. Labeling requirements.
Sec. 407. Data acquisition program.
Sec. 408. Federal Energy Regulatory Commission authority to approve recovery
of certain expenses in advance.
Sec. 409. State and local incentives programs.
Sec. 410. Alternative fuel bus program.
Sec. 411. Certification of training programs.
Sec. 412. Alternative fuel use in nonroad vehicles and engines.
Sec. 413. Reports to Congress.
Sec. 414. Low interest loan program.
TITLE V--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS,
AND ALTERNATIVE FUELED PRIVATE VEHICLES
Sec. 501. Mandate for alternative fuel providers.
Sec. 502. Replacement fuel supply and demand program.
Sec. 503. Replacement fuel demand estimates and supply information.
Sec. 504. Modification of goals; additional rulemaking authority.
Sec. 505. Voluntary supply commitments.
Sec. 506. Technical and policy analysis.
Sec. 507. Fleet requirement program.
Sec. 508. Credits.
Sec. 509. Secretary's recommendations to Congress.
Sec. 510. Effect on other laws.
Sec. 511. Prohibited acts.
Sec. 512. Enforcement.
Sec. 513. Powers of the Secretary.
Sec. 514. Authorization of appropriations.
TITLE VI--ELECTRIC MOTOR VEHICLES
Sec. 601. Definitions.
Subtitle A--Electric Motor Vehicle Commercial Demonstration Program
Sec. 611. Program and solicitation.
Sec. 612. Selection of proposals.
Sec. 613. Discount payments.
Sec. 614. Cost-sharing.
Sec. 615. Reports to Congress.
Sec. 616. Authorization of appropriations.
Subtitle B--Electric Motor Vehicle Infrastructure and Support Systems
Development Program
Sec. 621. General authority.
Sec. 622. Proposals.
Sec. 623. Protection of proprietary information.
Sec. 624. Compliance with existing law.
Sec. 625. Electric utility participation study.
Sec. 626. Authorization of appropriations.
TITLE VII--ELECTRICITY
Subtitle A--Exempt Wholesale Generators
Sec. 711. Public Utility Holding Company Act reform.
Sec. 712. State consideration of the effects of power purchases on utility
cost of capital; consideration of the effects of leveraged capital structures
on the reliability of wholesale power sellers; and consideration of adequate
fuel supplies.
Sec. 713. Public utility holding companies to own interests in cogeneration
facilities.
Sec. 714. Books and records.
Sec. 715. Investment in foreign utilities.
Subtitle B--Federal Power Act; Interstate Commerce in Electricity
Sec. 721. Amendments to section 211 of Federal Power Act.
Sec. 722. Transmission services.
Sec. 723. Information requirements.
Sec. 724. Sales by exempt wholesale generators.
Sec. 725. Penalties.
Sec. 726. Definitions.
Subtitle C--State and Local Authorities
Sec. 731. State authorities.
TITLE VIII--HIGH-LEVEL RADIOACTIVE WASTE
Sec. 801. Nuclear waste disposal.
Sec. 802. Office of the Nuclear Waste Negotiator.
Sec. 803. Nuclear Waste Management Plan.
TITLE IX--UNITED STATES ENRICHMENT CORPORATION
Sec. 901. Establishment of the United States Enrichment Corporation.
Sec. 902. Conforming amendments and repealers.
Sec. 903. Restrictions on nuclear exports.
Sec. 904. Severability.
TITLE X--REMEDIAL ACTION AND URANIUM REVITALIZATION
Subtitle A--Remedial Action at Active Processing Sites
Sec. 1001. Remedial action program.
Sec. 1002. Regulations.
Sec. 1003. Authorization of appropriations.
Sec. 1004. Definitions.
Subtitle B--Uranium Revitalization
Sec. 1011. Overfeed program.
Sec. 1012. National Strategic Uranium Reserve.
Sec. 1013. Sale of remaining DOE inventories.
Sec. 1014. Responsibility for the industry.
Sec. 1015. Annual uranium purchase reports.
Sec. 1016. Uranium inventory study.
Sec. 1017. Regulatory treatment of uranium purchases.
Sec. 1018. Definitions.
Subtitle C--Remedial Action at Inactive Processing Sites
Sec. 1031. Uranium Mill Tailings Radiation Control Act extension.
TITLE XI--URANIUM ENRICHMENT HEALTH, SAFETY, AND ENVIRONMENT ISSUES
Sec. 1101. Uranium enrichment health, safety, and environment issues.
Sec. 1102. Licensing of AVLIS.
Sec. 1103. Table of contents.
TITLE XII--RENEWABLE ENERGY
Sec. 1201. Purposes.
Sec. 1202. Demonstration and commercial application projects for renewable
energy and energy efficiency technologies.
Sec. 1203. Renewable energy export technology training.
Sec. 1204. Renewable energy advancement awards.
Sec. 1205. Study of tax and rate treatment of renewable energy projects.
Sec. 1206. Study of rice milling energy by-product marketing.
Sec. 1207. Duties of interagency working group on renewable energy and energy
efficiency exports.
Sec. 1208. Study of export promotion practices.
Sec. 1209. Data system and energy technology evaluation.
Sec. 1210. Outreach.
Sec. 1211. Innovative renewable energy technology transfer program.
Sec. 1212. Renewable energy production incentive.
TITLE XIII--COAL
Subtitle A--Research, Development, Demonstration, and Commercial Application
Sec. 1301. Coal research, development, demonstration, and commercial
application programs.
Sec. 1302. Coal-fired diesel engines.
Sec. 1303. Clean coal, waste-to-energy.
Sec. 1304. Nonfuel use of coal.
Sec. 1305. Coal refinery program.
Sec. 1306. Coalbed methane recovery.
Sec. 1307. Metallurgical coal development.
Sec. 1308. Utilization of coal wastes.
Sec. 1309. Underground coal gasification.
Sec. 1310. Low-rank coal research and development.
Sec. 1311. Magnetohydrodynamics.
Sec. 1312. Oil substitution through coal liquefaction.
Sec. 1313. Authorization of appropriations.
Subtitle B--Clean Coal Technology Program
Sec. 1321. Additional clean coal technology solicitations.
Subtitle C--Other Coal Provisions
Sec. 1331. Clean coal technology export promotion and interagency coordination.
Sec. 1332. Innovative clean coal technology transfer program.
Sec. 1333. Conventional coal technology transfer.
Sec. 1334. Study of utilization of coal combustion byproducts.
Sec. 1335. Calculation of avoided cost.
Sec. 1336. Coal fuel mixtures.
Sec. 1337. National clearinghouse.
Sec. 1338. Coal exports.
Sec. 1339. Ownership of coalbed methane.
Sec. 1340. Establishment of data base and study of transportation rates.
Sec. 1341. Authorization of appropriations.
TITLE XIV--STRATEGIC PETROLEUM RESERVE
Sec. 1401. Drawdown and distribution of the reserve.
Sec. 1402. Expansion of reserve.
Sec. 1403. Availability of funding for leasing.
Sec. 1404. Purchase from stripper well properties.
Sec. 1405. Redesignation of island States.
Sec. 1406. Insular areas study.
TITLE XV--OCTANE DISPLAY AND DISCLOSURE
Sec. 1501. Certification and posting of automotive fuel ratings.
Sec. 1502. Increased authority for enforcement.
Sec. 1503. Studies.
TITLE XVI--GLOBAL CLIMATE CHANGE
Sec. 1601. Report.
Sec. 1602. Least-cost energy strategy.
Sec. 1603. Director of Climate Protection.
Sec. 1604. Assessment of alternative policy mechanisms for addressing
greenhouse gas emissions.
Sec. 1605. National inventory and voluntary reporting of greenhouse gases.
Sec. 1606. Repeal.
Sec. 1607. Conforming amendment.
Sec. 1608. Innovative environmental technology transfer program.
Sec. 1609. Global climate change response fund.
TITLE XVII--ADDITIONAL FEDERAL POWER ACT PROVISIONS
Sec. 1701. Additional Federal Power Act provisions.
TITLE XVIII--OIL PIPELINE REGULATORY REFORM
Sec. 1801. Oil pipeline ratemaking methodology.
Sec. 1802. Streamlining of Commission procedures.
Sec. 1803. Protection of certain existing rates.
Sec. 1804. Definitions.
TITLE XX--GENERAL PROVISIONS; REDUCTION OF OIL VULNERABILITY
Sec. 2001. Goals.
Subtitle A--Oil and Gas Supply Enhancement
Sec. 2011. Enhanced oil recovery.
Sec. 2012. Oil shale.
Sec. 2013. Natural gas supply.
Sec. 2014. Natural gas end-use technologies.
Sec. 2015. Midcontinent Energy Research Center.
Subtitle B--Oil and Gas Demand Reduction and Substitution
Sec. 2021. General transportation.
Sec. 2022. Advanced automotive fuel economy.
Sec. 2023. Alternative fuel vehicle program.
Sec. 2024. Biofuels user facility.
Sec. 2025. Electric motor vehicles and associated equipment research and
development.
Sec. 2026. Renewable hydrogen energy.
Sec. 2027. Advanced diesel emissions program.
Sec. 2028. Telecommuting study.
TITLE XXI--ENERGY AND ENVIRONMENT
Subtitle A--Improved Energy Efficiency
Sec. 2101. General improved energy efficiency.
Sec. 2102. Natural gas and electric heating and cooling technologies.
Sec. 2103. Pulp and paper.
Sec. 2104. Advanced buildings for 2005.
Sec. 2105. Electric drives.
Sec. 2106. Steel, aluminum, and metal research.
Sec. 2107. Improving efficiency in energy-intensive industries.
Sec. 2108. Energy efficient environmental program.
Subtitle B--Electricity Generation and Use
Sec. 2111. Renewable energy.
Sec. 2112. High efficiency heat engines.
Sec. 2113. Civilian nuclear waste.
Sec. 2114. Fusion energy.
Sec. 2115. Fuel cells.
Sec. 2116. Environmental restoration and waste management program.
Sec. 2117. High-temperature superconductivity program.
Sec. 2118. Electric and magnetic fields research and public information
dissemination program.
Sec. 2119. Spark M. Matsunaga Renewable Energy and Ocean Technology Center.
Subtitle C--Advanced Nuclear Reactors
Sec. 2121. Purposes and definitions.
Sec. 2122. Program, goals, and plan.
Sec. 2123. Commercialization of advanced light water reactor technology.
Sec. 2124. Prototype demonstration of advanced nuclear reactor technology.
Sec. 2125. Repeals.
Sec. 2126. Authorization of appropriations.
TITLE XXII--ENERGY AND ECONOMIC GROWTH
Sec. 2201. National advanced materials initiative.
Sec. 2202. National advanced manufacturing technologies initiative.
Sec. 2203. Supporting research and technical analysis.
Sec. 2204. Math and science education program.
Sec. 2205. Integration of research and development.
Sec. 2206. Definitions.
TITLE XXIII--POLICY AND ADMINISTRATIVE PROVISIONS
Sec. 2301. Policy on major construction projects.
Sec. 2302. Energy research, development, demonstration, and commercial
application advisory board.
Sec. 2303. Amendments to existing law.
Sec. 2304. Management plan.
Sec. 2305. Costs related to decommissioning and the storage and disposal of
nuclear waste.
Sec. 2306. Limits on participation by companies.
Sec. 2307. Uncosted obligations.
TITLE XXIV--NON-FEDERAL POWER ACT HYDROPOWER PROVISIONS
Sec. 2401. Rights-of-way on certain Federal lands.
Sec. 2402. Dams in national park system units.
Sec. 2403. Third party contracting by FERC.
Sec. 2404. Improvement at existing Federal facilities.
Sec. 2405. Water conservation and energy production.
Sec. 2406. Federal projects in the Pacific Northwest.
Sec. 2407. Certain projects in Alaska.
Sec. 2408. Projects on fresh waters in State of Hawaii.
Sec. 2409. Evaluation of development potential.
TITLE XXV--COAL, OIL, AND GAS
Sec. 2501. Hot dry rock geothermal energy.
Sec. 2502. Hot dry rock geothermal energy in eastern United States.
Sec. 2503. Coal remining.
Sec. 2504. Surface Mining Act implementation.
Sec. 2505. Federal lignite coal royalties.
Sec. 2506. Acquired Federal land mineral receipts management.
Sec. 2507. Reserved oil and gas.
Sec. 2508. Certain outstanding oil and gas.
Sec. 2509. Federal onshore oil and gas leasing.
Sec. 2510. Oil placer claims.
Sec. 2511. Oil shale claims.
Sec. 2512. Health, safety, and mining technology research program.
Sec. 2513. Assistance to small coal operators.
Sec. 2514. Surface mining regulations.
Sec. 2515. Amendment to Surface Mining Act.
TITLE XXVI--INDIAN ENERGY RESOURCES
Sec. 2601. Definitions.
Sec. 2602. Tribal consultation.
Sec. 2603. Promoting energy resource development and energy vertical
integration on Indian reservations.
Sec. 2604. Indian energy resource regulation.
Sec. 2605. Indian Energy Resource Commission.
Sec. 2606. Tribal government energy assistance program.
TITLE XXVII--INSULAR AREAS ENERGY SECURITY
Sec. 2701. Insular areas energy assistance program.
Sec. 2702. Definition.
Sec. 2703. Electricity requirements in Trust Territory of the Pacific Islands.
Sec. 2704. PCB cleanup in Marshall Islands and Federated States of Micronesia.
TITLE XXVIII--NUCLEAR PLANT LICENSING
Sec. 2801. Combined licenses.
Sec. 2802. Post-construction hearings on combined licenses.
Sec. 2803. Rulemaking.
Sec. 2804. Amendment of a combined license pending a hearing.
Sec. 2805. Judicial review.
Sec. 2806. Effect on pending proceedings.
Sec. 2807. Conforming amendment.
TITLE XXIX--ADDITIONAL NUCLEAR ENERGY PROVISIONS
Sec. 2901. State authority to regulate radiation below level of NRC regulatory
concern.
Sec. 2902. Employee protection for nuclear whistleblowers.
Sec. 2903. Exemption of certain research and educational licensees from
annual charges.
Sec. 2904. Study and implementation plan on safety of shipments of plutonium
by sea.
TITLE XXX--MISCELLANEOUS
Subtitle A--General Provisions
Sec. 3001. Research, development, demonstration, and commercial application
activities.
Sec. 3002. Cost sharing.
Subtitle B--Other Miscellaneous Provisions
Sec. 3011. Powerplant and Industrial Fuel Use Act of 1978 repeal.
Sec. 3012. Alaska Natural Gas Transportation Act of 1976 repeal.
Sec. 3013. Geothermal heat pumps.
Sec. 3014. Use of energy futures for fuel purchases.
Sec. 3015. Energy subsidy study.
Sec. 3016. Tar sands.
Sec. 3017. Amendments to title 11 of the United States Code.
Sec. 3018. Radiation exposure compensation.
Sec. 3019. Strategic diversification.
Sec. 3020. Consultative Commission on Western Hemisphere Energy and
Environment.
Sec. 3021. Disadvantaged business enterprises.
SEC. 2. DEFINITION.
  For purposes of this Act, the term `Secretary' means the Secretary of Energy.
TITLE I--ENERGY EFFICIENCY
Subtitle A--Buildings
SEC. 101. BUILDING ENERGY EFFICIENCY STANDARDS.
  (a) IN GENERAL- Title III of the Energy Conservation and Production Act
  (42 U.S.C. 6831 et seq.) is amended--
  (1) in section 303--
  (A) by striking paragraph (9);
  (B) by redesignating paragraphs (10), (11), (12), and (13) as paragraphs
  (9), (10), (11), and (12), respectively; and
  (C) by adding at the end the following new paragraphs--
  `(13) The term `Federal building energy standards' means energy consumption
  objectives to be met without specification of the methods, materials,
  or equipment to be employed in achieving those objectives, but including
  statements of the requirements, criteria, and evaluation methods to be used,
  and any necessary commentary.
  `(14) The term `voluntary building energy code' means a building energy
  code developed and updated through a consensus process among interested
  persons, such as that used by the Council of American Building Officials;
  the American Society of Heating, Refrigerating, and Air-Conditioning
  Engineers; or other appropriate organizations.
  `(15) The term `CABO' means the Council of American Building Officials.
  `(16) The term `ASHRAE' means the American Society of Heating, Refrigerating,
  and Air-Conditioning Engineers.'; and
  (2) by striking sections 304, 306, 308, 309, 310, and 311 and inserting
  the following:
`SEC. 304. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES.
  `(a) CONSIDERATION AND DETERMINATION RESPECTING RESIDENTIAL BUILDING ENERGY
  CODES- (1) Not later than 2 years after the date of the enactment of the
  Energy Policy Act of 1992, each State shall certify to the Secretary that
  it has reviewed the provisions of its residential building code regarding
  energy efficiency and made a determination as to whether it is appropriate
  for such State to revise such residential building code provisions to meet
  or exceed CABO Model Energy Code, 1992.
  `(2) The determination referred to in paragraph (1) shall be--
  `(A) made after public notice and hearing;
  `(B) in writing;
  `(C) based upon findings included in such determination and upon the
  evidence presented at the hearing; and
  `(D) available to the public.
  `(3) Each State may, to the extent consistent with otherwise applicable
  State law, revise the provisions of its residential building code regarding
  energy efficiency to meet or exceed CABO Model Energy Code, 1992, or may
  decline to make such revisions.
  `(4) If a State makes a determination under paragraph (1) that it is not
  appropriate for such State to revise its residential building code, such
  State shall submit to the Secretary, in writing, the reasons for such
  determination, and such statement shall be available to the public.
  `(5)(A) Whenever CABO Model Energy Code, 1992, (or any successor of such
  code) is revised, the Secretary shall, not later than 12 months after such
  revision, determine whether such revision would improve energy efficiency
  in residential buildings. The Secretary shall publish notice of such
  determination in the Federal Register.
  `(B) If the Secretary makes an affirmative determination under subparagraph
  (A), each State shall, not later than 2 years after the date of the
  publication of such determination, certify that it has reviewed the
  provisions of its residential building code regarding energy efficiency
  and made a determination as to whether it is appropriate for such State
  to revise such residential building code provisions to meet or exceed the
  revised code for which the Secretary made such determination.
  `(C) Paragraphs (2), (3), and (4) shall apply to any determination made
  under subparagraph (B).
  `(b) CERTIFICATION OF COMMERCIAL BUILDING ENERGY CODE UPDATES- (1) Not later
  than 2 years after the date of the enactment of the Energy Policy Act of
  1992, each State shall certify to the Secretary that it has reviewed and
  updated the provisions of its commercial building code regarding energy
  efficiency. Such certification shall include a demonstration that such
  State's code provisions meet or exceed the requirements of ASHRAE Standard
  90.1-1989.
  `(2)(A) Whenever the provisions of ASHRAE Standard 90.1-1989 (or any
  successor standard) regarding energy efficiency in commercial buildings
  are revised, the Secretary shall, not later than 12 months after the date
  of such revision, determine whether such revision will improve energy
  efficiency in commercial buildings.  The Secretary  shall publish a notice
  of such determination in the Federal Register.
  `(B)(i) If the Secretary makes an affirmative determination under
  subparagraph (A), each State shall, not later than 2 years after the date
  of the publication of such determination, certify that it has reviewed
  and updated the provisions of its commercial building code regarding
  energy efficiency in accordance with the revised standard for which such
  determination was made. Such certification shall include a demonstration
  that the provisions of such State's commercial building code regarding
  energy efficiency meet or exceed such revised standard.
  `(ii) If the Secretary makes a determination under subparagraph (A) that such
  revised standard will not improve energy efficiency in commercial buildings,
  State commercial building code provisions regarding energy efficiency
  shall meet or exceed ASHRAE Standard 90.1-1989, or if such standard has
  been revised, the last revised standard for which the Secretary has made
  an affirmative determination under subparagraph (A).
  `(c) EXTENSIONS- The Secretary shall permit extensions of the deadlines
  for the certification requirements under subsections (a) and (b) if a State
  can demonstrate that it has made a good  faith effort to comply with such
  requirements and that it has made significant progress in doing so.
  `(d) TECHNICAL ASSISTANCE- The Secretary shall provide technical assistance
  to States to implement the requirements of this section, and to improve
  and implement State residential and commercial building energy efficiency
  codes or to otherwise promote the design and construction of energy
  efficient buildings.
  `(e) AVAILABILITY OF INCENTIVE FUNDING- (1) The Secretary shall provide
  incentive funding to States to implement the requirements of this section,
  and to improve and implement State residential and commercial building
  energy efficiency codes. In determining whether, and in what amount,
  to provide incentive funding under this subsection, the Secretary shall
  consider the actions proposed by the State to implement the requirements of
  this section, to improve and implement residential and commercial building
  energy efficiency codes, and to promote building energy efficiency through
  the use of such codes.
  `(2) There are authorized to be appropriated such sums as may be necessary
  to carry out this subsection.
`SEC. 305. FEDERAL BUILDING ENERGY EFFICIENCY STANDARDS.
  `(a)(1) IN GENERAL- Not later than 2 years after the date of the enactment
  of the Energy Policy Act of 1992, the Secretary, after consulting with
  appropriate Federal agencies, CABO, ASHRAE, the National Association of
  Home Builders, the Illuminating Engineering Society, the American Institute
  of Architects, the National Conference of the States on Building Codes
  and Standards, and other appropriate persons, shall establish, by rule,
  Federal building energy standards that require in new Federal buildings
  those energy efficiency measures that are technologically feasible and
  economically justified. Such standards shall become effective no later
  than 1 year after such rule is issued.
  `(2) The standards established under paragraph (1) shall--
  `(A) contain energy saving and renewable energy specifications that meet
  or exceed the energy saving and renewable energy specifications of CABO
  Model Energy Code, 1992 (in the case of residential buildings) or ASHRAE
  Standard 90.1-1989 (in the case of commercial buildings);
  `(B) to the extent practicable, use the same format as the appropriate
  voluntary building energy code; and
  `(C) consider, in consultation with the Environmental Protection Agency
  and other Federal agencies, and where appropriate contain, measures with
  regard to radon and other indoor air pollutants.
  `(b) REPORT ON COMPARATIVE STANDARDS- The Secretary shall identify and
  describe, in the report required under section 308, the basis for any
  substantive difference between the Federal building energy standards
  established under this section (including differences in treatment of
  energy efficiency and renewable energy) and the appropriate voluntary
  building energy code.
  `(c) PERIODIC REVIEW- The Secretary shall periodically, but not less than
  once every 5 years, review the Federal building energy standards established
  under this section and shall, if significant energy savings would result,
  upgrade such standards to include all new energy efficiency and renewable
  energy measures that are technologically feasible and economically justified.
  `(d) INTERIM STANDARDS- Interim energy performance standards for new Federal
  buildings issued by the Secretary under this title as it existed before
  the date of the enactment of the Energy Policy Act of 1992 shall remain in
  effect until the standards established under subsection (a) become effective.
`SEC. 306. FEDERAL COMPLIANCE.
  `(a) PROCEDURES- (1) The head of each Federal agency shall adopt procedures
  necessary to assure that new Federal buildings meet or exceed the Federal
  building energy standards established under section 305.
  `(2) The Federal building energy standards established under section 305
  shall apply to new buildings under the jurisdiction of the Architect of
  the Capitol. The Architect shall adopt procedures necessary to assure that
  such buildings meet or exceed such standards.
  `(b) CONSTRUCTION OF NEW BUILDINGS- The head of a Federal agency may
  expend Federal funds for the construction of a new Federal building only
  if the building meets or exceeds the appropriate Federal building energy
  standards established under section 305.
`SEC. 307. SUPPORT FOR VOLUNTARY BUILDING ENERGY CODES.
  `(a) IN GENERAL- Not later than 1 year after the date of the enactment
  of the Energy Policy Act of 1992, the Secretary, after consulting with
  the Secretary of Housing and Urban Development, the Secretary of Veterans
  Affairs, other appropriate Federal agencies, CABO, ASHRAE, the National
  Conference of States on Building Codes and Standards, and any other
  appropriate building codes and standards organization, shall support
  the upgrading of voluntary building energy codes for new residential and
  commercial buildings.  Such support shall include--
  `(1) a compilation of data and other information regarding building energy
  efficiency standards and codes in the possession of the Federal Government,
  State and local governments, and industry organizations;
  `(2) assistance in improving the technical basis for such standards
  and codes;
  `(3) assistance in determining the cost-effectiveness and the technical
  feasibility of the energy efficiency measures included in such standards
  and codes; and
  `(4) assistance in identifying appropriate measures with regard to radon
  and other indoor air pollutants.
  `(b) REVIEW- The Secretary shall periodically review the technical and
  economic basis of voluntary building energy codes and, based upon ongoing
  research activities--
  `(1) recommend amendments to such codes including measures with regard to
  radon and other indoor air pollutants;
  `(2) seek adoption of all technologically feasible and economically
  justified energy efficiency measures; and
  `(3) otherwise participate in any industry process for review and
  modification of such codes.
`SEC. 308. REPORTS.
  `The Secretary, in consultation with the Secretary of Housing and Urban
  Development, the Secretary of Veterans Affairs, and other appropriate
  Federal agencies, shall report annually to the Congress on activities
  conducted pursuant to this title. Such report shall include--
  `(1) recommendations made under section 307(b) regarding the prevailing
  voluntary building energy codes;
  `(2) a State-by-State summary of actions taken under this title; and
  `(3) recommendations to the Congress with respect to opportunities to
  further promote building energy efficiency and otherwise carry out the
  purposes of this title.'.
  (b) CONFORMING AMENDMENT- The table of contents of such Act is amended by
  striking the items relating to sections 304, 306, 308, 309, 310 and 311,
  and inserting in lieu thereof the following--
`Sec. 304. Updating State building energy efficiency codes.
`Sec. 305. Federal building energy efficiency standards.
`Sec. 306. Federal compliance.
`Sec. 307. Support for voluntary building energy codes.
`Sec. 308. Reports.'.
`
  (c) FEDERAL MORTGAGE REQUIREMENTS-
  (1) AMENDMENT TO CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT-
  Section 109 of the Cranston-Gonzalez National Affordable Housing Act
  (42 U.S.C. 12709) is amended to read as follows:
`SEC. 109. ENERGY EFFICIENCY STANDARDS.
  `(a) ESTABLISHMENT-
  `(1) IN GENERAL- The Secretary of Housing and Urban Development and the
  Secretary of Agriculture shall, not later than 1 year after the date of
  the enactment of the Energy Policy Act of 1992, jointly establish, by rule,
  energy efficiency standards for--
  `(A) new construction of public and assisted housing and single family and
  multifamily residential housing (other than manufactured homes) subject
  to mortgages insured under the National Housing Act; and
  `(B) new construction of single family housing (other than manufactured
  homes) subject to mortgages insured, guaranteed, or made by the Secretary
  of Agriculture under title V of the Housing Act of 1949.
  `(2) CONTENTS- Such standards shall meet or exceed the requirements of the
  Council of American Building Officials Model Energy Code, 1992 (hereafter
  in this section referred to as `CABO Model Energy Code, 1992'), or, in the
  case of multifamily high rises, the requirements of the American Society of
  Heating, Refrigerating, and Air-Conditioning Engineers Standard 90.1-1989
  (hereafter in this section referred to as `ASHRAE Standard 90.1-1989'), and
  shall be cost-effective with respect to construction and operating costs on
  a life-cycle cost basis. In developing such standards, the Secretaries shall
  consult with an advisory task force composed of homebuilders, national,
  State, and local housing agencies (including public housing agencies),
  energy agencies, building code organizations and agencies, energy efficiency
  organizations, utility organizations, low-income housing organizations,
  and other parties designated by the Secretaries.
  `(b) MODEL ENERGY CODE- If the Secretaries have not, within 1 year after
  the date of the enactment of the Energy Policy Act of 1992, established
  energy efficiency standards under subsection (a), all new construction
  of housing specified in such subsection shall meet the requirements of
  CABO Model Energy Code, 1992, or, in the case of multifamily high rises,
  the requirements of ASHRAE Standard 90.1-1989.
  `(c) REVISIONS OF MODEL ENERGY CODE- If the requirements of CABO Model
  Energy Code, 1992, or, in the case of multifamily high rises, ASHRAE Standard
  90.1-1989, are revised at any time, the Secretaries shall, not later than 1
  year after such revision, amend the standards established under subsection
  (a) to meet or exceed the requirements of such revised code or standard
  unless the Secretaries determine that compliance with such revised code or
  standard would not result in a significant increase in energy efficiency
  or would not be technologically feasible or economically justified.'.
  (2) AMENDMENT TO TITLE 38, UNITED STATES CODE- Section 3704 of title 38,
  United States Code, is amended by adding at the end thereof the following
  new subsection:
  `(g) A loan for the purchase or construction of new residential property,
  the construction of which began after the energy efficiency standards
  under section 109 of the Cranston-Gonzalez National Affordable Housing Act
  (42 U.S.C. 12709), as amended by section 101(c) of the Energy Policy Act
  of 1992, take effect, may not be financed through the assistance of this
  chapter unless the new residential property is constructed in compliance
  with such standards.'.
SEC. 102. RESIDENTIAL ENERGY EFFICIENCY RATINGS.
  (a) RATINGS- Title II of the National Energy Conservation Policy Act (42
  U.S.C. 8211 et seq.) is amended by adding at the end the following new part:
`PART 6--RESIDENTIAL ENERGY EFFICIENCY RATING GUIDELINES
`SEC. 271. VOLUNTARY RATING GUIDELINES.
  `(a) IN GENERAL- Not later than 18 months after the date of the enactment
  of the Energy Policy Act of 1992, the Secretary, in consultation with
  the Secretary of Housing and Urban Development, the Secretary of Veterans
  Affairs, representatives of existing home energy rating programs, and other
  appropriate persons, shall, by rule, issue voluntary guidelines that may be
  used by State and local governments, utilities, builders, real estate agents,
  lenders, agencies in mortgage markets, and others, to enable and encourage
  the assignment of energy efficiency ratings to residential buildings.
  `(b) CONTENTS OF GUIDELINES- The voluntary guidelines issued under subsection
  (a) shall--
  `(1) encourage uniformity with regard to systems for rating the annual
  energy efficiency of residential buildings;
  `(2) establish protocols and procedures for--
  `(A) certification of the technical accuracy of building energy analysis
  tools used to determine energy efficiency ratings;
  `(B) training of personnel conducting energy efficiency ratings;
  `(C) data collection and reporting;
  `(D) quality control; and
  `(E) monitoring and evaluation;
  `(3) encourage consistency with, and support for, the uniform plan for
  Federal energy efficient mortgages, including that developed under section
  946 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12712
  note) and pursuant to sections 105 and 106 of the Energy Policy Act of 1992;
  `(4) provide that rating systems take into account local climate conditions
  and construction practices, solar energy collected on-site, and the benefits
  of peak load shifting construction practices, and not discriminate among
  fuel types; and
  `(5) establish procedures to ensure that residential buildings can receive
  an energy efficiency rating at the time of sale and that such rating is
  communicated to potential buyers.
`SEC. 272. TECHNICAL ASSISTANCE.
  `Not later than 2 years after the date of the enactment of the Energy Policy
  Act of 1992, the Secretary shall establish a program to provide technical
  assistance to State and local organizations to encourage the adoption of
  and use of residential  energy efficiency rating systems consistent with
  the voluntary guidelines issued under section 271.
`SEC. 273. REPORT.
  `Not later than 3 years after the date of the enactment of the Energy
  Policy Act of 1992, the Secretary shall transmit to the President and the
  Congress a final report containing--
  `(1) a description of actions taken by the Secretary and other Federal
  agencies to implement this part;
  `(2) a description of the action taken by States, local governments, and
  other organizations to implement the voluntary guidelines issued under
  section 271 and any problems encountered in implementing such guidelines; and
  `(3) recommendations on the feasibility of requiring, as a prerequisite
  to receiving federally assisted, guaranteed, or insured mortgages, the
  achievement of a minimum energy efficiency rating.'.
  (b) CONFORMING AMENDMENT- The table of contents for such Act is amended
  by adding at the end of title II the following:
`PART 6--RESIDENTIAL ENERGY EFFICIENCY RATINGS
`Sec. 271. Voluntary rating guidelines.
`Sec. 272. Technical assistance.
`Sec. 273. Report.'.
SEC. 103. ENERGY EFFICIENT LIGHTING AND BUILDING CENTERS.
  (a) PURPOSE- The purpose of this section is to encourage energy efficiency
  in buildings through the establishment of regional centers to promote
  energy efficient lighting, heating and cooling, and building design.
  (b) GRANTS FOR ESTABLISHMENT- Not later than 18 months after the date of
  the enactment of this Act, the Secretary shall make grants to nonprofit
  institutions, or to consortiums that may include nonprofit institutions,
  State and local governments, universities, and utilities, to establish
  or enhance one regional building energy efficiency center (hereafter in
  this section referred to as a `regional center') in each of the 10 regions
  served by a Department of Energy regional support office.
  (c) PERMITTED ACTIVITIES- Each regional center established under this
  section may--
  (1) provide information, training, and technical assistance to building
  professionals such as architects, designers, engineers, contractors,
  and building code officials, on building energy efficiency methods and
  technologies, including lighting, heating and cooling, and passive solar;
  (2) operate an outreach program to inform such building professionals of
  the benefits and  opportunities of energy efficiency, and of the services
  of the center;
  (3) provide displays demonstrating building energy efficiency methods and
  technologies, such as lighting, windows, and heating and cooling equipment;
  (4) coordinate its activities and programs with other institutions within
  the region, such as State and local governments, utilities, and educational
  institutions, in order to support their efforts to promote building energy
  efficiency;
  (5) serve as a clearinghouse to ensure that information about new building
  energy efficiency technologies, including case studies of successful
  applications, is disseminated to end-users in the region;
  (6) study the building energy needs of the region and make available
  region-specific energy efficiency information to facilitate the adoption
  of cost-effective energy efficiency improvements;
  (7) assist educational institutions in establishing building energy
  efficiency engineering and technical programs and curricula; and
  (8) evaluate the performance of the center in promoting building energy
  efficiency.
  (d) APPLICATION- Any nonprofit institution or consortium interested in
  receiving a grant under this section shall submit to the Secretary an
  application in such form and containing such information as the Secretary
  may require.  A lighting or building energy center in  existence on the
  date of the enactment of this section which is owned and operated by
  a nonprofit institution or a consortium as described in subsection (b)
  shall be eligible for a grant under this section.
  (e) SELECTION CRITERIA- The Secretary shall select recipients of grants
  under this section on the basis of the following criteria:
  (1) The capability of the grant recipient to establish a board of directors
  for the regional center composed of representatives from utilities, State
  and local governments, building trade and professional organizations,
  manufacturers, and nonprofit energy and environmental organizations.
  (2) The demonstrated or potential resources available to the grant recipient
  for carrying out this subsection.
  (3) The demonstrated or potential ability of the grant recipient to promote
  building energy efficiency by carrying out the activities specified in
  subsection (c).
  (4) The activities which the grant recipient proposes to carry out under
  the grant.
  (f) REQUIREMENT OF MATCHING FUNDS-
  (1) FEDERAL SHARE- The Federal share of a grant under this section shall
  be no more than 50 percent  of the costs of establishing, and no more than
  25 percent of the cost of operating the regional center.
  (2) NON-FEDERAL CONTRIBUTIONS- No grant may be made under this section
  in any fiscal year unless the recipient of such grant enters into such
  agreements with the Secretary as the Secretary may require to ensure that
  such recipient will provide the necessary non-Federal contributions.
  Such non-Federal contributions may be provided by utilities, State and
  local governments, nonprofit institutions, foundations, corporations,
  and other non-Federal entities.
  (g) TASK FORCE- The Secretary shall establish a task force to--
  (1) advise the Secretary on activities to be carried out by grant recipients;
  (2) review and evaluate programs carried out by grant recipients; and
  (3) make recommendations regarding the building energy efficiency center
  grant program.
  (h) MEMBERSHIP TERMS AND ADMINISTRATION OF TASK FORCE-
  (1) IN GENERAL- The task force shall be composed of approximately 20 members,
  appointed by the Secretary, with expertise in the area of building energy
  efficiency, including representatives from--
  (A) State or local energy offices;
  (B) utilities;
  (C) building construction trade or professional  associations;
  (D) architecture, engineering or professional associations;
  (E) building component or equipment manufacturers;
  (F) from national laboratories;
  (G) building code officials or professional associations; and
  (H) nonprofit energy or environmental organizations.
  (2) GEOGRAPHIC REPRESENTATION- The Secretary shall ensure that there is
  broad geographical representation among task force members.
  (3) TERMS- Members shall be appointed for a term of 3 years.  A vacancy
  in the task force shall be filled in the manner in which the original
  appointment was made.
  (4) PAY- Members shall serve without pay.  Each member shall receive travel
  expenses, including per diem in lieu of subsistence, in accordance with
  sections 5702 and 5703 of title 5, United States Code.
  (5) CHAIRPERSON- The Chairperson and Vice Chairperson of the task force
  shall be elected by the members.
  (6) MEETINGS- The task force shall meet biannually and at the call of
  the Chairperson.
  (7) INAPPLICABILITY OF TERMINATION DATE- Section 14 of the Federal Advisory
  Committee Act shall not apply to the task force.
  (i) REPORT- The Secretary shall transmit annually to the Congress a report
  on the activities of regional centers established under this section,
  including the degree to which  matching funds are being leveraged from
  private sources to establish and operate such centers.
  (j) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
  for purposes of carrying out this section, to remain available until
  expended, not more than $10,000,000 for each of fiscal years 1994, 1995,
  and 1996.
SEC. 104. MANUFACTURED HOUSING ENERGY EFFICIENCY.
  (a) AMENDMENTS TO CRANSTON-GONZALEZ NATIONAL AFFORDABLE HOUSING ACT-
  Section 943(d)(1) of the Cranston-Gonzalez National Affordable Housing Act
  (Public Law 101-625; 109 Stat. 4413) is amended--
  (1) in subparagraph (D), by striking `thermal insulation, energy efficiency';
  (2) by redesignating subparagraphs (E), (F), (G), and (H) as subparagraphs
  (F), (G), (H), and (I), respectively; and
  (3) by inserting after subparagraph (D) the following new subparagraph:
  `(E) consult with the Secretary of Energy and make recommendations regarding
  additional or revised standards for thermal insulation and energy efficiency
  applicable to manufactured housing;'.
  (b) DUTIES OF THE SECRETARY- The Secretary of Housing and Urban
  Development shall assess the energy performance of manufactured housing
  and make recommendations to the National Commission on Manufactured
  Housing established under section 943 of the Cranston-Gonzalez National
  Affordable Housing Act regarding any thermal insulation and energy efficiency
  improvements applicable to manufactured housing which are technologically
  feasible and economically justified.  The Secretary shall also test the
  performance and determine the cost effectiveness of manufactured housing
  constructed in compliance with the standards established under such section.
  (c) EXCEPTION TO FEDERAL PREEMPTION- If the Secretary of Housing and Urban
  Development has not issued, within 1 year after the date of the enactment
  of this Act, final regulations pursuant to section 604 of the National
  Manufactured Housing Construction and Safety Standards Act of 1974 (42
  U.S.C. 5403) that establish thermal insulation and energy efficiency
  standards for manufactured housing that take effect before January 1,
  1995, then States may establish thermal insulation and energy efficiency
  standards for manufactured housing if such standards are at least as
  stringent as thermal performance standards for manufactured housing
  contained in the Second Public Review Draft of BSR/ASHRAE 90.2P entitled
  `Energy Efficient Design of Low-Rise Residential Buildings' and all public
  reviews of Independent Substantive Changes to such document that have been
  approved on or before the date of the enactment of this Act.
SEC. 105. ENERGY EFFICIENT MORTGAGES.
  (a) DEFINITION OF ENERGY EFFICIENT MORTGAGE- Section 104 of the
  Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12704) is
  amended by adding at the end the following new paragraph:
  `(24) The term `energy efficient mortgage' means a mortgage that provides
  financing incentives for the purchase of energy efficient homes, or that
  provides financing incentives to make energy efficiency improvements
  in existing homes by incorporating the cost of such improvements in the
  mortgage.'.
  (b) UNIFORM MORTGAGE FINANCING PLAN FOR ENERGY EFFICIENCY- Section 946 of
  the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12712 note)
  is amended--
  (1) in subsection (a), by striking `mortgage financing incentives for
  energy efficiency' and inserting  `energy efficient mortgages (as such
  term is defined in section 104 of this Act)'; and
  (2) in subsection (b)--
  (A) in the second sentence, by inserting `, but not be limited to,' after
  `include'; and
  (B) by inserting after the period at the end of the following new
  sentence: `The Task Force shall determine whether notifying potential
  home purchasers of the availability of energy efficient mortgages would
  promote energy efficiency in residential buildings, and if so, the Task
  Force shall recommend appropriate notification guidelines, and agencies
  and organizations referred to in the preceding sentence are authorized to
  implement such guidelines.'.
SEC. 106. ENERGY EFFICIENT MORTGAGES PILOT PROGRAM.
  (a) ESTABLISHMENT OF PILOT PROGRAM-
  (1) IN GENERAL- Not later than 6 months after the date of enactment of this
  Act, the Secretary of Housing and Urban Development (hereafter referred
  to as the `Secretary') shall establish an energy efficient mortgage pilot
  program in 5 States, to promote the purchase of existing energy efficient
  residential buildings and the installation of cost-effective improvements
  in existing residential buildings.
  (2) PILOT PROGRAM- The pilot program established under this subsection
  shall include the following criteria, where applicable:
  (A) ORIGINATION- The lender shall originate a housing loan that is insured
  under title II of the National Housing Act in accordance with the applicable
  requirements.
  (B) APPROVAL- The mortgagor's base loan application shall be approved if
  the mortgagor's income and credit record is found to be satisfactory.
  (C) COST OF IMPROVEMENTS- The cost of cost-effective energy efficiency
  improvements shall not exceed the greater of--
  (i) 5 percent of the property value (not to exceed $8,000); or
  (ii) $4,000.
  (3) AUTHORITY FOR MORTGAGEES- In granting mortgages under the pilot program
  established pursuant to this subsection, the Secretary shall grant mortgagees
  the authority--
  (A) to permit the final loan amount to exceed the loan limits established
  under title II of the National Housing Act by an amount not to exceed 100
  percent of the cost of the cost-effective energy efficiency improvements,
  if the mortgagor's request to add the cost of such improvements is received
  by the mortgagee prior to funding of the base loan;
  (B) to hold in escrow all funds provided to the mortgagor to undertake
  the energy efficiency improvements until the efficiency improvements are
  actually installed; and
  (C) to transfer or sell the energy efficient mortgage to the appropriate
  secondary market agency, after the mortgage is issued, but before the
  energy efficiency improvements are actually installed.
  (4) PROMOTION OF PILOT PROGRAM- The Secretary shall encourage participation
  in the energy efficient mortgage pilot program by--
  (A) making available information to lending agencies and other appropriate
  authorities regarding the availability and benefits of energy efficient
  mortgages;
  (B) requiring mortgagees and designated lending authorities to provide
  written notice of the availability and benefits of the pilot program
  to mortgagors applying for financing in those States designated by the
  Secretary as participating under the pilot program; and
  (C) requiring each applicant for a mortgage insured under title II of the
  National Housing Act in those States participating under the pilot program
  to sign a statement that such applicant has been informed of the program
  requirements and understands the benefits of energy efficient mortgages.
  (5) TRAINING PROGRAM- Not later than 9 months after the date of enactment
  of this Act, the Secretary, in consultation with the Secretary of Energy,
  shall establish and implement a program for training personnel at relevant
  lending agencies, real estate companies, and other appropriate organizations
  regarding the benefits of energy efficient mortgages and the operation of
  the pilot program under this subsection.
  (6) REPORT- Not later than 18 months after the date of enactment of this
  Act, the Secretary shall prepare and submit a report to the Congress
  describing the effectiveness and implementation of the energy efficient
  mortgage pilot program as described under this subsection, and assessing
  the potential for expanding the pilot program nationwide.
  (b) EXPANSION OF PROGRAM- Not later than the expiration of the 2-year
  period beginning on the date of the implementation of the energy efficient
  mortgage pilot program under this section, the Secretary of Housing and Urban
  Development shall expand the pilot program on a nationwide basis and shall
  expand the program to include new residential housing, unless the Secretary
  determines that either such expansion would not be practicable, in which case
  the Secretary shall submit to the Congress, before the expiration of such
  period, a report explaining why either expansion would not be practicable.
  (c) DEFINITIONS- For purposes of this section:
  (1) The term `base loan' means any mortgage loan for a residential building
  eligible for insurance under title II of the National Housing Act or title
  38, United States Code, that does not include the cost of cost-effective
  energy improvements.
  (2) The term `cost-effective' means, with respect to energy efficiency
  improvements to a residential building, improvements that result in the
  total present value cost of the improvements (including any maintenance
  and repair expenses) being less than the total present value of the energy
  saved over the useful life of the improvement, when 100 percent of the cost
  of improvements is added to the base loan. For purposes of this paragraph,
  savings and cost-effectiveness shall be determined pursuant to a home
  energy rating report sufficient for purposes of the Federal National
  Mortgage Association and the Federal Home Loan Mortgage Corporation,
  or by other technically accurate methods.
  (3) The term `energy efficient mortgage' means a mortgage on a residential
  building that recognizes the energy savings of a home that has cost-effective
  energy saving construction or improvements (including solar water heaters,
  solar-assisted air conditioners and ventilators, super-insulation, and
  insulating glass and film) and that has the effect of not disqualifying
  a borrower who, but for the expenditures on energy saving construction or
  improvements, would otherwise have qualified for a base loan.
  (4) The term `residential building' means any attached or unattached single
  family residence.
  (d) RULE OF CONSTRUCTION- This section may not be construed to affect
  any other programs of the Secretary of Housing and Urban Development for
  energy-efficient mortgages. The pilot program carried out under this section
  shall not replace or result in the termination of such other programs.
  (e) REGULATIONS- The Secretary shall issue any regulations necessary to
  carry out this section not later than the expiration of the 180-day period
  beginning on the date of the enactment of this Act. The regulations shall
  be issued after notice and opportunity for public comment pursuant to the
  provisions of section 553 of title 5, United States Code (notwithstanding
  subsections (a)(2), (b)(B), and (d)(3) of such section).
  (f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  such sums as may be necessary to carry out this section.
Subtitle B--Utilities
SEC. 111. ENCOURAGEMENT OF INVESTMENTS IN CONSERVATION AND ENERGY EFFICIENCY
BY ELECTRIC UTILITIES.
  (a) AMENDMENT TO THE PUBLIC UTILITY REGULATORY POLICIES ACT- The Public
  Utility Regulatory Policies Act of 1978 (P.L. 95-617; 92 Stat. 3117; 16
  U.S.C. 2601 and following) is amended by adding the following at the end
  of section 111(d):
  `(7) INTEGRATED RESOURCE PLANNING- Each electric utility shall employ
  integrated resource planning. All plans or filings before a State regulatory
  authority to meet the requirements of this paragraph must be updated on a
  regular basis, must provide the opportunity for public participation and
  comment, and contain a requirement that the plan be implemented.
  `(8) INVESTMENTS IN CONSERVATION AND DEMAND MANAGEMENT- The rates allowed
  to be charged by a State regulated electric utility shall be such that the
  utility's investment in and expenditures for energy conservation, energy
  efficiency resources, and other demand side management measures are at
  least as profitable, giving appropriate consideration to income lost from
  reduced sales due to investments in and expenditures for conservation and
  efficiency, as its investments in and expenditures for the construction
  of new generation, transmission, and distribution equipment. Such energy
  conservation, energy efficiency resources and other demand side management
  measures shall be appropriately monitored and evaluated.
  `(9) ENERGY EFFICIENCY INVESTMENTS IN POWER GENERATION AND SUPPLY- The
  rates charged by any electric utility shall be such that the utility is
  encouraged to make investments in, and expenditures for, all cost-effective
  improvements in the energy efficiency of power generation, transmission and
  distribution.  In considering regulatory changes to achieve the objectives
  of this paragraph, State regulatory authorities and nonregulated electric
  utilities shall consider the disincentives caused by existing ratemaking
  policies, and practices, and consider incentives that would encourage
  better maintenance, and investment in more efficient power generation,
  transmission and distribution equipment.'.
  (b) PROTECTION FOR SMALL BUSINESS- The Public Utility Regulatory Policies
  Act of 1978 (Public Law 95-617; 92 Stat. 3117; 16 U.S.C. 2601 and following)
  is amended by inserting the following new paragraph at the end of subsection
  111(c):
  `(3) If a State regulatory authority implements a standard established by
  subsection (d)(7) or (8), such authority shall--
  `(A) consider the impact that implementation of such standard would have
  on small businesses engaged in the design, sale, supply, installation or
  servicing of energy conservation, energy efficiency or other demand side
  management measures, and
  `(B) implement such standard so as to assure that utility actions would
  not provide such utilities with unfair competitive advantages over such
  small businesses.'.
  (c) EFFECTIVE DATE- Section 112(b) of such Act is amended by inserting `(or
  after the enactment of the Comprehensive National Energy Policy Act in the
  case of standards under paragraphs (7), (8), and (9) of section 111(d))'
  after `Act' in both places such word appears in paragraphs (1) and (2).
  (d) DEFINITIONS- Section 3 of such Act is amended by adding the following
  new paragraphs at the end thereof:
  `(19) The term `integrated resource planning' means, in the case of
  an electric utility, a planning and selection process for new energy
  resources that evaluates the full range of alternatives, including new
  generating capacity, power purchases, energy conservation and efficiency,
  cogeneration and district heating and cooling applications, and renewable
  energy resources, in order to provide adequate and reliable service to
  its electric customers at the lowest system cost.  The process shall take
  into account necessary features for system operation, such as diversity,
  reliability, dispatchability, and other factors of risk; shall take into
  account the ability to verify energy savings achieved through energy
  conservation and efficiency and the projected durability of such savings
  measured over time; and shall treat demand and supply resources on a
  consistent and integrated basis.
  `(20) The term `system cost' means all direct and quantifiable net costs
  for an energy resource over its available life, including the cost of
  production, distribution, transportation, utilization, waste management,
  and environmental compliance.
  `(21) The term `demand side management' includes load management
  techniques.'.
  (e) REPORT- Not later than 2 years after the date of the enactment of
  this Act, the Secretary shall transmit a report to the President and to
  the Congress containing--
  (1) a survey  of all State laws, regulations, practices, and policies under
  which State regulatory authorities implement the provisions of paragraphs
  (7), (8), and (9) of section 111(d) of the Public Utility Regulatory
  Policies Act of 1978;
  (2) an evaluation by the Secretary of whether and to what extent, integrated
  resource planning is likely to result in--
  (A) higher or lower electricity costs to an electric utility's ultimate
  consumers or to classes or groups of such consumers;
  (B) enhanced or reduced reliability of electric service; and
  (C) increased or decreased dependence on particular energy resources; and
  (3) a survey of practices and policies under which electric cooperatives
  prepare integrated resource plans, submit such plans to the Rural
  Electrification Administration and the extent to which such integrated
  resource planning is reflected in rates charged to customers.
The report shall include an analysis prepared in conjunction with the
Federal Trade Commission, of the competitive impact of implementation of
energy conservation, energy efficiency, and other demand side management
programs by utilities on small businesses engaged in the design, sale, supply,
installation, or servicing of similar energy conservation, energy efficiency,
or other demand side management measures and whether any unfair, deceptive,
or predatory acts exist, or are likely to exist, from implementation of
such programs.
SEC. 112. ENERGY EFFICIENCY GRANTS TO STATE REGULATORY AUTHORITIES.
  (a) ENERGY EFFICIENCY GRANTS- The Secretary is authorized in accordance
  with the provisions of this section to provide grants to State regulatory
  authorities in an amount not to exceed $250,000 per authority, for purposes
  of encouraging demand-side management including energy conservation, energy
  efficiency and load management techniques and for meeting the requirements
  of paragraphs (7), (8), and (9) of section 111(d) of the Public Utility
  Regulatory Policies Act of 1978 and as a means of meeting gas supply needs
  and to meet the requirements of paragraphs (3) and (4) of section 303(b)
  of the Public Utility Regulatory Policies Act of 1978.  Such grants may be
  utilized by a State regulatory authority to provide financial assistance
  to nonprofit subgrantees of the Department of Energy's Weatherization
  Assistance Program in order to facilitate participation by such subgrantees
  in proceedings of such regulatory authority to examine energy conservation,
  energy efficiency, or other demand-side management programs.
  (b) PLAN- A State regulatory authority wishing to receive a grant under this
  section shall submit a plan to the Secretary that specifies the actions such
  authority proposes to take that would achieve the purposes of this section.
  (c) SECRETARIAL ACTION- (1) In determining whether, and in what amount,
  to provide a grant to a State regulatory authority under this section
  the Secretary shall consider, in addition to other appropriate factors,
  the actions proposed by the State regulatory authority to achieve the
  purposes of this section and to consider implementation of the ratemaking
  standards established in--
  (A) paragraphs (7), (8) and (9) of section 111(d) of the Public Utility
  Regulatory Policies Act of 1978; or
  (B) paragraphs (3) and (4) of section 303(b) of the Public Utility Regulatory
  Policies Act of 1978.
  (2) Such actions--
  (A) shall include procedures to facilitate the participation of grantees
  and nonprofit subgrantees of the Department of Energy's Weatherization
  Assistance Program in proceedings of such regulatory authorities examining
  demand-side management programs; and
  (B) shall provide for coverage of the cost of such grantee and subgrantees'
  participation in such proceedings.
  (d) RECORDKEEPING- Each State regulatory authority that receives a grant
  under this section shall keep such records as the Secretary shall require.
  (e) DEFINITION- For purposes of this section, the term `State regulatory
  authority' shall have the same meaning as provided by section 3 of the
  Public Utility Regulatory Policies Act of 1978 in the case of electric
  utilities, and such term shall have the same meaning as provided by section
  302 of the Public Utility Regulatory Policies Act of 1978 in the case of
  gas utilities, except that in the case of any State without a statewide
  ratemaking authority, such term shall mean the State energy office.
  (f) AUTHORIZATION- There are authorized to be appropriated $5,000,000 for
  each of the fiscal years 1994, 1995 and 1996 to carry out the purposes of
  this section.
SEC. 113. TENNESSEE VALLEY AUTHORITY LEAST-COST PLANNING PROGRAM.
  (a) IN GENERAL- The Tennessee Valley Authority shall conduct a least-cost
  planning program in accordance with this section.
  (b) CONDUCT OF PROGRAM-
  (1) IN GENERAL- In conducting a least-cost planning program under subsection
  (a), the Tennessee Valley Authority shall employ and implement a planning
  and selection process for new energy resources which evaluates the full
  range of existing and incremental resources (including new power supplies,
  energy conservation and efficiency, and renewable energy resources) in
  order to provide adequate and reliable service to electric customers of
  the Tennessee Valley Authority at the lowest system cost.
  (2) PLANNING AND SELECTION PROCESS- The planning and selection process
  referred to in paragraph (1) shall--
  (A) take into account necessary features for system operation, including
  diversity, reliability, dispatchability, and other factors of risk;
  (B) take into account the ability to verify energy savings achieved through
  energy conservation and efficiency and the projected durability of such
  savings measured over time; and
  (C) treat demand and supply resources on a consistent and integrated basis.
  (3) SYSTEM COST DEFINED- As used in paragraph (1), the term `system cost'
  means all direct and quantifiable net costs for an energy resource over
  its available life, including the cost of production, transportation,
  utilization, waste management, environmental compliance, and, in the case of
  imported energy resources, maintaining access to foreign sources of supply.
  (c) PARTICIPATION BY DISTRIBUTORS-
  (1) IN GENERAL- In conducting a least-cost planning program under subsection
  (a), the Tennessee Valley Authority shall--
  (A) provide an opportunity for distributors of the Tennessee Valley Authority
  to recommend cost-effective energy efficiency opportunities, rate structure
  incentives, and renewable energy proposals for inclusion in such program; and
  (B) encourage and assist such distributors in the planning and implementation
  of cost-effective energy efficiency options.
  (2) ASSISTANCE- The Tennessee Valley Authority shall provide appropriate
  assistance to distributors under paragraph (1)(B).  Such assistance shall,
  where cost effective, be provided by the Tennessee Valley Authority
  acting through, or in cooperation with, an association of distributors.
  Such assistance may include publications, workshops, conferences, one-on-one
  assistance, financial assistance, equipment loans, technology assessment
  studies, marketing studies, and other appropriate mechanisms to transfer
  information on energy efficiency and renewable energy options and programs
  to customers.
  (d) PUBLIC REVIEW AND COMMENT- Before the selection and addition of a
  major new energy resource on the Tennessee Valley Authority system, the
  Tennessee Valley Authority shall provide an opportunity for public review
  and comment and shall include a description of any such action in an annual
  report to the President and Congress.
  (e) EXEMPTION FROM CERTAIN REQUIREMENTS- The Tennessee Valley Authority
  shall not be subject to the least-cost planning requirements contained in
  section 111(d) of the Public Utility Regulatory Policies Act of 1978 or any
  similar requirement which might arise out of the Tennessee Valley Authority's
  electric power transactions with the Southeastern Power Administration.
SEC. 114. AMENDMENT OF HOOVER POWER PLANT ACT.
  Title II of the Hoover Power Plant Act of 1984 (42 U.S.C. 7275-7276,
  Public Law 98-381) is amended to read as follows:
`TITLE II--INTEGRATED RESOURCE PLANNING
`Sec. 201. Definitions.
`Sec. 202. Regulations to require integrated resource planning.
`Sec. 203. Technical assistance.
`Sec. 204. Integrated resource plans.
`Sec. 205. Miscellaneous provisions.
`SEC. 201. DEFINITIONS.
  `As used in this title:
  `(1) The term `Administrator' means the Administrator of the Western Area
  Power Administration.
  `(2) The term `integrated resource planning' means a planning process
  for new energy resources that evaluates the full range of alternatives,
  including new generating capacity, power purchases, energy conservation
  and efficiency, cogeneration and district heating and cooling applications,
  and renewable energy resources, in order to provide adequate and reliable
  service to its electric customers at the lowest system cost.  The process
  shall take into account necessary features for system operation, such as
  diversity, reliability, dispatchability, and other factors of risk; shall
  take into account the ability to verify energy savings achieved through
  energy conservation and efficiency and the projected durability of such
  savings measured over time; and shall treat demand and supply resources
  on a consistent and integrated basis.
  `(3) The term `least cost option' means an option for providing
  reliable electric services to electric customers which will, to the
  extent practicable, minimize life-cycle system costs, including adverse
  environmental effects, of providing such service. To the extent practicable,
  energy efficiency and renewable resources may be given priority in any
  least-cost option.
  `(4) The term `long-term firm power service contract' means any contract
  for the sale by Western Area Power Administration of firm capacity, with or
  without energy, which is to be delivered over a period of more than one year.
  `(5) The terms `customer' or `customers' means any entity or entities
  purchasing firm capacity with or without energy, from the Western Area
  Power Administration under a long-term firm power service contract. Such
  terms include parent-type entities and their distribution or user members.
  `(6) For any customer, the term `applicable integrated resource plan'
  means the integrated resource plan approved by the Administrator under
  this title for that customer.
`SEC. 202. REGULATIONS TO REQUIRE INTEGRATED RESOURCE PLANNING.
  `(a) REGULATIONS- Within 1 year after the enactment of this section, the
  Administrator shall, by regulation, revise the Final Amended Guidelines and
  Acceptance Criteria for Customer Conservation and Renewable Energy Programs
  published in the Federal Register on August 21, 1985 (50 F.R. 33892), or
  any subsequent amendments thereto, to require each customer purchasing
  electric energy under a long-term firm power service contract with the
  Western Area Power Administration to implement, within 3 years after the
  enactment of this section, integrated resource planning in accordance with
  the requirements of this title.
  `(b) CERTAIN SMALL CUSTOMERS- Notwithstanding subsection (a), for customers
  with total annual energy sales or usage of 25 Gigawatt Hours or less which
  are not members of a joint action agency or a generation and transmission
  cooperative with power supply responsibility, the Administrator may
  establish different regulations and apply such regulations to customers that
  the Administrator finds have limited economic, managerial, and resource
  capability to conduct integrated resource planning. The regulations under
  this subsection shall require such customers to consider all reasonable
  opportunities to meet their future energy service requirements using
  demand-side techniques, new renewable resources and other programs that
  will provide retail customers with electricity at the lowest possible cost,
  and minimize, to the extent practicable, adverse environmental effects.
`SEC. 203. TECHNICAL ASSISTANCE.
  `The Administrator may provide technical assistance to customers to, among
  other things, conduct integrated resource planning, implement applicable
  integrated resource plans, and otherwise comply with the requirements of
  this title. Technical assistance may include publications, workshops,
  conferences, one-to-one assistance, equipment loans, technology and
  resource assessment studies, marketing studies, and other mechanisms to
  transfer information on energy efficiency and renewable energy options and
  programs to customers. The Administrator shall give priority to providing
  technical assistance to customers that have limited capability to conduct
  integrated resource planning.
`SEC. 204. INTEGRATED RESOURCE PLANS.
  `(a) REVIEW BY WESTERN AREA POWER ADMINISTRATION- Within 1 year after
  the enactment of this section, the Administrator shall, by regulation,
  revise the Final Amended Guidelines and Acceptance Criteria for Customer
  Conservation and Renewable Energy Programs published in the Federal Register
  on August 21, 1985 (50 F.R. 33892), or any subsequent amendments thereto,
  to require each customer to submit an integrated resource plan to the
  Administrator within 12 months after such regulations are amended. The
  regulation shall require a revision of such plan to be submitted every
  5 years after the initial submission. The Administrator shall review the
  initial plan in accordance with a schedule established by the Administrator
  (which schedule will provide for the review of all initial plans within 24
  months after such regulations are amended), and each revision thereof within
  120 days after his receipt of the plan or revision and determine whether
  the customer has in the development of the plan or revision, complied with
  this title. Plan amendments may be submitted to the Administrator at any
  time and the Administrator shall review each such amendment within 120
  days after receipt thereof to determine whether the customer in amending
  its plan has complied with this title. If the Administrator determines
  that the customer, in developing its plan, revision, or amendment, has not
  complied with the requirements of this title, the customer shall resubmit
  the plan at any time thereafter. Whenever a plan or revision or amendment
  is resubmitted the Administrator shall review the plan or revision or
  amendment within 120 days after his receipt thereof to determine whether
  the customer has complied with this title.
  `(b) CRITERIA FOR APPROVAL OF INTEGRATED RESOURCE PLANS- The Administrator
  shall approve an integrated resource plan submitted as required under
  subsection (a) if, in developing the plan, the customer has:
  `(1) Identified and accurately compared all practicable energy efficiency
  and energy supply resource options available to the customer.
  `(2) Included a 2-year action plan and a 5-year action plan which describe
  specific actions the customer will take to implement its integrated
  resource plan.
  `(3) Designated `least-cost options' to be utilized by the customer for
  the purpose of providing reliable electric service to its retail consumers
  and explained the reasons why such options were selected.
  `(4) To the extent practicable, minimized adverse environmental effects
  of new resource acquisitions.
  `(5) In preparation and development of the plan (and each revision
  or amendment of the plan) has provided for full public participation,
  including participation by governing boards.
  `(6) Included load forecasting.
  `(7) Provided methods of validating predicted performance in order to
  determine whether objectives in the plan are being met.
  `(8) Met such other criteria as the Administrator shall require.
  `(c) USE OF OTHER INTEGRATED RESOURCE PLANS- Where a customer or group of
  customers are implementing integrated resource planning under a program
  responding to Federal, State, or other initiatives, including integrated
  resource planning considered and implemented pursuant to section 111(d)
  of the Public Utility Regulatory Policies Act of 1978, in evaluating that
  customer's integrated resource plan under this title, the Administrator shall
  accept such plan as fulfillment of the requirements of this title to the
  extent such plan substantially complies with the requirements of this title.
  `(d) COMPLIANCE WITH INTEGRATED RESOURCE PLANS- Within 1 year after the
  enactment of this section, the Administrator shall, by regulation, revise the
  Final Amended Guidelines and Acceptance Criteria for Customer Conservation
  and Renewable Energy Programs published in the Federal Register on August 21,
  1985 (50 F.R. 33892), or any subsequent amendments thereto, to require each
  customer to fully comply with the applicable integrated resource plan and
  submit an annual report to the Administrator (in such form and containing
  such information as the Administrator may require) describing the customer's
  progress to the goals established in such plan. After the initial review
  under subsection (a) the Administrator shall periodically conduct reviews
  of a representative sample of applicable integrated resource plans and
  the customer's implementation of the applicable integrated resource plan
  to determine if the customers are in compliance with their plans. If the
  Administrator finds a customer out-of-compliance, the Administrator shall
  impose a surcharge under this section on all electric energy purchased
  by the customer from the Western Area Power Administration or reduce such
  customer's power allocation by 10 percent, unless the Administrator finds
  that a good faith effort has been made to comply with the approved plan.
  `(e) ENFORCEMENT-
  `(1) NO APPROVED PLAN- If an integrated resource plan for any customer
  is not submitted before the date 12 months after the guidelines are
  amended as required under this section or if the plan is disapproved by
  the Administrator and a revised plan is not resubmitted by the date 9
  months after the date of such disapproval, the Administrator shall impose
  a surcharge of 10 percent of the purchase price on all power obtained
  by that customer from the Western Area Power Administration after such
  date. The surcharge shall remain in effect until an integrated resource
  plan is approved for that customer. If the plan is not submitted for more
  than one year after the required date, the surcharge shall increase to 20
  percent for the second year (or any portion thereof prior to approval of
  the plan) and to 30 percent thereafter until the plan is submitted or the
  contract for the purchase of power by such customer from the Western Area
  Power Administration terminates.
  `(2) FAILURE TO COMPLY WITH APPROVED PLAN- After approval by the
  Administrator of an applicable integrated resource plan for any customer,
  the Administrator shall impose a 10 percent surcharge on all power purchased
  by such customer from the Western Area Power Administration whenever the
  Administrator determines that such customer's activities are not consistent
  with the applicable integrated resource plan. The surcharge shall remain
  in effect until the Administrator determines that the customer's activities
  are consistent with the applicable integrated resource plan. The surcharge
  shall be increased to 20 percent if the customer's activities are out of
  compliance for more than one year and to 30 percent after more than 2 years,
  except that no surcharge shall be imposed if the customer demonstrates,
  to the satisfaction of the Administrator, that a good faith effort has
  been made to comply with the approved plan.
  `(3) REDUCTION IN POWER ALLOCATION- In the case of any customer subject to a
  surcharge under paragraph (1) or (2), in lieu of imposing such surcharge the
  Administrator may reduce such customer's power allocation from the Western
  Area Power Administration by 10 percent. The Administrator shall provide
  by regulation the terms and conditions under which a power allocation
  terminated under this subsection may be reinstated.
  `(f) INTEGRATED RESOURCE PLANNING COOPERATIVES- With the approval of the
  Administrator, customers within any State or region may form integrated
  resource planning cooperatives for the purposes of complying with this
  title, and such customers shall be allowed an additional 6 months to submit
  an initial integrated resource plan to the Administrator.
  `(g) CUSTOMERS WITH MORE THAN 1 CONTRACT- If more than one long-term firm
  power service contract exists between the Administrator and a customer,
  only one integrated resource plan shall be required for that customer
  under this title.
  `(h) PROGRAM REVIEW- Within 1 year after January 1, 1999, and at appropriate
  intervals thereafter, the Administrator shall initiate a public process
  to review the program established by this section. The Administrator is
  authorized at that time to revise the criteria set forth in section 204(b)
  to reflect changes, if any, in technology, needs, or other developments.
`SEC. 205. MISCELLANEOUS PROVISIONS.
  `(a) ENVIRONMENTAL IMPACT STATEMENT- The provisions of the National
  Environmental Policy Act of 1969 shall apply to actions of the Administrator
  implementing this title in the same manner and to the same extent as such
  provisions apply to other major Federal actions significantly affecting
  the quality of the human environment.
  `(b) ANNUAL REPORTS- The Administrator shall include in the annual report
  submitted by the Western Area Power Administration (1) a description of
  the activities undertaken by the Administrator and by customers under this
  title and (2) an estimate of the energy savings and renewable resource
  benefits achieved as a result of such activities.
  `(c) STATE REGULATED INVESTOR-OWNED UTILITIES- Any State regulated electric
  utility (as defined in section 3(18) of the Public Utility Regulatory
  Policies Act of 1978) shall be exempt from the provisions of this title.
  `(d) RURAL ELECTRIFICATION ADMINISTRATION REQUIREMENTS- Nothing in this
  title shall require a customer to take any action inconsistent with a
  requirement imposed by the Rural Electrification Administration'.
SEC. 115. ENCOURAGEMENT OF INVESTMENTS IN CONSERVATION AND ENERGY EFFICIENCY
BY GAS UTILITIES.
  (a) DEFINITIONS- Section 302 of the Public Utility Regulatory Policies Act of
  1978 (15 U.S.C. 3202) is amended by adding the following at the end thereof:
  `(9) The term `integrated resource planning' means, in the case of a gas
  utility, planning by the use of any standard, regulation, practice, or
  policy to undertake a systematic comparison between demand-side management
  measures and the supply of gas by a gas utility to minimize life-cycle costs
  of adequate and reliable utility services to gas consumers. Integrated
  resource planning shall take into account necessary features for system
  operation such as diversity, reliability, dispatchability, and other
  factors of risk and shall treat demand and supply to gas consumers on a
  consistent and integrated basis.
  `(10) The term `demand-side management' includes energy conservation,
  energy efficiency, and load management techniques.'.
  (b) IN GENERAL- Section 303(b) of the Public Utility Regulatory Policies Act
  of 1978 (15 U.S.C. 3202) is amended by inserting at the end the following
  new paragraphs:
  `(3) INTEGRATED RESOURCE PLANNING- Each gas utility shall employ, in order
  to provide adequate and reliable service to its gas customers at the lowest
  system cost. All plans or filings of a State regulated gas utility before a
  State regulatory authority to meet the requirements of this paragraph shall
  (A) be updated on a regular basis, (B) provide the opportunity for public
  participation and comment, (C) provide for methods of validating predicted
  performance, and (D) contain a requirement that the plan be implemented
  after approval of the State regulatory authority. Subsection (c) shall
  not apply to this paragraph to the extent that it could be construed to
  require the State regulatory authority to extend the record of a State
  proceeding in submitting reports to the Federal Government.
  `(4) INVESTMENTS IN CONSERVATION AND DEMAND MANAGEMENT- The rates charged by
  any State regulated gas utility shall be such that the utility's prudent
  investments in, and expenditures for, energy conservation and load
  shifting programs and for other demand-side management measures which
  are consistent with the findings and purposes of the Energy Policy Act
  of 1992 are at least as profitable (taking into account the income lost
  due to reduced sales resulting from such programs) as prudent investments
  in, and expenditures for, the acquisition or construction of supplies and
  facilities. This objective requires that (A) regulators link the utility's
  net revenues, at least in part, to the utility's performance in implementing
  cost-effective programs promoted by this section; and (B) regulators ensure
  that, for purposes of recovering fixed costs, including its authorized
  return, the utility's performance is not affected by reductions in its
  retail sales volumes.'.
(c) IMPACT ON SMALL BUSINESS- Section 303 of such Act is amended by inserting
the following new subsection at the end thereof:
  `(d) SMALL BUSINESS IMPACTS- If a State regulatory authority implements
  a standard established by subsection (b) (3) or (4), such authority shall--
  `(1) consider the impact that implementation of such standard would have
  on small businesses engaged in the design, sale, supply, installation, or
  servicing of energy conservation, energy efficiency, or other demand-side
  management measures, and
  `(2) implement such standard so as to assure that utility actions would
  not provide such utilities with unfair competitive advantages over such
  small businesses.'.
  (d) EFFECTIVE DATE- Section 303(a) of such Act is amended by inserting
  `(or after the enactment of the Energy Policy Act of 1992 in the case
  of standards under paragraphs (3), and (4) of subsection (b))' after
  `Act' and by striking out `standard established by subsection (b)(2)'
  in paragraph (2) and inserting `standards established by paragraphs (2),
  (3) and (4) of subsection (b)'.
  (e) REPORT- The report under section 111(e) of this Act transmitted by the
  Secretary of Energy to the President and to the Congress shall contain a
  survey of all State laws, regulations, practices, and policies under which
  State regulatory authorities implement the provisions of paragraphs (3)
  and (4) of section 303(b) of the Public Utility Regulatory Policies Act of
  1978. The report shall include an analysis, prepared in conjunction with
  the Federal Trade Commission, of the competitive impact of implementation
  of energy conservation, energy efficiency, and other demand side management
  programs by gas utilities on small businesses engaged in the design, sale,
  supply, installation, or servicing of similar energy conservation, energy
  efficiency, or other demand-side management measures and whether any unfair,
  deceptive, or predatory acts or practices exist, or are likely to exist,
  from implementation of such programs.
Subtitle C--Appliance and Equipment Energy Efficiency Standards
SEC. 121. ENERGY EFFICIENCY LABELING FOR WINDOWS AND WINDOW SYSTEMS.
  (a) IN GENERAL- (1) The Secretary shall, after consulting with the National
  Fenestration Rating Council, industry representatives, and other appropriate
  organizations, provide financial assistance to support a voluntary national
  window rating program that will develop energy ratings and labels for
  windows and window systems.
  (2) Such rating program shall include--
  (A) specifications for testing procedures and labels that will enable
  window buyers to make more informed purchasing decisions about the energy
  efficiency of windows and window systems; and
  (B) information (which may be disseminated through catalogs, trade
  publications, labels, or other mechanisms) that will allow window buyers
  to assess the energy consumption and potential cost savings of alternative
  window products.
  (3) Such rating program shall be developed by the National Fenestration
  Rating Council according to commonly accepted procedures for the development
  of national testing procedures and labeling programs.
  (b) MONITORING- The Secretary shall monitor and evaluate the efforts of
  the National Fenestration Rating Council and, not later than one year after
  the date of the enactment of this Act, make a determination as to whether
  the program developed by the Council is consistent with the objectives of
  subsection (a).
  (c) ALTERNATIVE SYSTEM- (1) If the Secretary makes a determination under
  subsection (b) that a voluntary national window rating program consistent
  with the objectives of subsection (a) has not been developed, the Secretary
  shall, after consultation with the National Institute of Standards and
  Technology, develop, not later than two years after such determination,
  test procedures under section 323 of the Energy Policy and Conservation Act
  (42 U.S.C. 6293) for windows and window systems.
  (2) Not later than one year after the Secretary develops test procedures
  under paragraph (1), the Federal Trade Commission (hereafter in this
  section referred to as the `Commission') shall prescribe labeling rules
  under section 324 of such Act (42 U.S.C. 6294) for those windows and
  window systems for which the Secretary has prescribed test procedures
  under paragraph (1) except that, with respect to any type of window or
  window system (or class thereof), the Secretary may determine that such
  labeling is not technologically feasible or economically justified or is
  not likely to assist consumers in making purchasing decisions.
  (3) For purposes of sections 323, 324, and 327 of such Act, each product
  for which the Secretary has established test procedures or labeling rules
  pursuant to this subsection shall be considered a new covered product under
  section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry
  out this subsection.
  (4) For purposes of section 327(a) of such Act, the term `this part' includes
  this subsection to the extent necessary to carry out this subsection.
SEC. 122. ENERGY CONSERVATION REQUIREMENTS FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT.
  (a) DEFINITIONS- Section 340 of the Energy Policy and Conservation Act
  (42 U.S.C. 6311) is amended--
  (1) in paragraph (1)--
  (A) by redesignating subparagraph (B) as subparagraph (G); and
  (B) by inserting after subparagraph (A) the following:
  `(B) Small commercial package air conditioning and heating equipment.
  `(C) Large commercial package air conditioning and heating equipment.
  `(D) Packaged terminal air-conditioners and packaged terminal heat pumps.
  `(E) Warm air furnaces and packaged boilers.
  `(F) Storage water heaters, instantaneous water heaters, and unfired hot
  water storage tanks.'; and
  (2) in paragraph (2)(B)--
  (A) by striking out `pumps)' and inserting in lieu thereof `pumps, small
  and large commercial package air conditioning and heating equipment,
  packaged terminal air-conditioners, packaged terminal heat pumps, warm
  air furnaces, packaged boilers, storage water heaters, instantaneous water
  heaters, and unfired hot water storage tanks)'; and
  (B) by striking out clauses (v) and (xi) and redesignating clauses (vi),
  (vii), (viii), (ix), (x), (xii), (xiii), and (xiv) as clauses (v), (vi),
  (vii), (viii), (ix), (x), (xi), and (xii), respectively; and
  (3) by adding at the end the following:
  `(8) The term `small commercial package air conditioning and heating
  equipment' means air-cooled, water-cooled, evaporatively-cooled, or
  water source (not including ground water source) electrically operated,
  unitary central air conditioners and central air conditioning heat pumps
  for commercial application which are rated below 135,000 Btu per hour
  (cooling capacity).
  `(9) The term `large commercial package air conditioning and heating
  equipment' means air-cooled, water-cooled, evaporatively-cooled, or
  water source (not including ground water source) electrically operated,
  unitary central air conditioners and central air conditioning heat pumps
  for commercial application which are rated at or above 135,000 Btu per
  hour and below 240,000 Btu per hour (cooling capacity).
  `(10)(A) The term `packaged terminal air conditioner' means a wall sleeve
  and a separate unencased combination of heating and cooling assemblies
  specified by the builder and intended for mounting through the wall. It
  includes a prime source of refrigeration, separable outdoor louvers, forced
  ventilation, and heating availability by builder's choice of hot water,
  steam, or electricity.
  `(B) The term `packaged terminal heat pump' means a packaged terminal air
  conditioner that utilizes reverse cycle refrigeration as its prime heat
  source and should have supplementary heat source available to builders
  with the choice of hot water, steam, or electric resistant heat.
  `(11)(A) The term `warm air furnace' means a self-contained oil- or
  gas-fired furnace designed to supply heated air through ducts to spaces
  that require it and includes combination warm air furnace/electric air
  conditioning units but does not include unit heaters and duct furnaces.
  `(B) The term `packaged boiler' means a boiler that is shipped complete
  with heating equipment, mechanical draft equipment, and automatic controls;
  usually shipped in one or more sections.
  `(12)(A) The term `storage water heater' means a water heater that heats
  and stores water within the appliance at a thermostatically controlled
  temperature for delivery on demand. Such term does not include units with
  an input rating of 4000 Btu per hour or more per gallon of stored water.
  `(B) The term `instantaneous water heater' means a water heater that has
  an input rating of at least 4000 Btu per hour per gallon of stored water.
  `(C) The term `unfired hot water storage tank' means a tank used to store
  water that is heated externally.
  `(13)(A) The term `electric motor' means any motor which is a general
  purpose T-frame, single-speed, foot-mounting, polyphase squirrel-cage
  induction motor of the National Electrical Manufacturers Association,
  Design A and B, continuous rated, operating on 230/460 volts and constant
  60 Hertz line power as defined in NEMA Standards Publication MG1-1987.
  `(B) The term `definite purpose motor' means any motor designed in standard
  ratings with standard operating characteristics or standard mechanical
  construction for use under service conditions other than usual or for
  use on a particular type of application and which cannot be used in most
  general purpose applications.
  `(C) The term `special purpose motor' means any motor, other than
  a general purpose motor or definite purpose motor, which has special
  operating characteristics or special mechanical construction, or both,
  designed for a particular application.
  `(D) The term `open motor' means a motor having ventilating openings which
  permit passage of external cooling air over and around the windings of
  the machine.
  `(E) The term `enclosed motor' means a motor so enclosed as to prevent
  the free exchange of air between the inside and outside of the case but
  not sufficiently enclosed to be termed airtight.
  `(F) The term `small electric motor' means a NEMA general purpose alternating
  current single-speed induction motor, built in a two-digit frame number
  series in accordance with NEMA Standards Publication MG1-1987.
  `(G) The term `efficiency' when used with respect to an electric motor
  means the ratio of an electric motor's useful power output to its total
  power input, expressed in percentage.
  `(H) The term `nominal full load efficiency' means the average efficiency
  of a population of motors of duplicate design as determined in accordance
  with NEMA Standards Publication MG1-1987.
  `(14) The term `ASHRAE' means the American Society of Heating, Refrigerating,
  and Air Conditioning Engineers.
  `(15) The term `IES' means the Illuminating Engineering Society of North
  America.
  `(16) The term `NEMA' means the National Electrical Manufacturers
  Association.
  `(17) The term `IEEE' means the Institute of Electrical and Electronics
  Engineers.
  `(18) The term `energy conservation standard' means--
  `(A) a performance standard that prescribes a minimum level of energy
  efficiency or a maximum quantity of energy use for a product; or
  `(B) a design requirement for a product.'.
  (b) TEST PROCEDURES- (1) Section 343(a) of such Act (42 U.S.C. 6314)
  is amended--
  (A) by striking out paragraph (1) and inserting in lieu thereof the
  following:
  `(1) The Secretary may conduct an evaluation of a class of covered equipment
  and may prescribe test procedures for such class in accordance with the
  provisions of this section.'; and
  (B) by adding at the end the following new paragraphs:
  `(4)(A) With respect to small commercial package air conditioning and
  heating equipment, large commercial package air conditioning and heating
  equipment, packaged terminal air conditioners, packaged terminal heat pumps,
  warm-air furnaces, packaged boilers, storage water heaters, instantaneous
  water heaters, and unfired hot water storage tanks to which standards are
  applicable under section 342, the test procedures shall be those generally
  accepted industry testing procedures or rating procedures developed or
  recognized by the Air-Conditioning and Refrigeration Institute or by the
  American Society of Heating, Refrigerating and Air Conditioning Engineers,
  as referenced in ASHRAE/IES Standard 90.1 and in effect on June 30, 1992.
  `(B) If such an industry test procedure or rating procedure for small
  commercial package air conditioning and heating equipment, large commercial
  package air conditioning and heating equipment, packaged terminal air
  conditioners, packaged terminal heat pumps, warm-air furnaces, packaged
  boilers, storage water heaters, instantaneous water heaters, or unfired
  hot water storage tanks is amended, the Secretary shall amend the test
  procedure for the product as necessary to be consistent with the amended
  industry test procedure or rating procedure unless the Secretary determines,
  by rule, published in the Federal Register and supported by clear and
  convincing evidence, that to do so would not meet the requirements for
  test procedures described in paragraphs (2) and (3) of this subsection.
  `(C) If the Secretary prescribes a rule containing such a determination, the
  rule may establish an amended test procedure for such product that meets the
  requirements of paragraphs (2) and (3) of this subsection. In establishing
  any amended test procedure under this subparagraph or subparagraph (B), the
  Secretary shall follow the procedures and meet the requirements specified
  in section 323(e).
  `(5)(A) With respect to electric motors to which standards are applicable
  under section 342, the test procedures shall be the test procedures specified
  in NEMA Standards Publication MG1-1987 and IEEE Standard 112 Test Method
  B for motor efficiency, as in effect on the date of the enactment of the
  Energy Policy Act of 1992.
  `(B) If the test procedure requirements of NEMA Standards Publication MG-1987
  and IEEE Standard 112 Test Method B for motor efficiency are amended, the
  Secretary shall amend the test procedures established by subparagraph (A)
  to conform to such amended test procedure requirements unless the Secretary
  determines, by rule, published in the Federal Register and supported by
  clear and convincing evidence, that to do so would not meet the requirements
  for test procedures described in paragraphs (2) and (3) of this subsection.
  `(C) If the Secretary prescribes a rule containing such a determination,
  the rule may establish amended test procedures for such electric motors that
  meets the requirements of paragraphs (2) and (3) of this subsection. In
  establishing any amended test procedure under this subparagraph or
  subparagraph (B), the Secretary shall follow the procedures and meet the
  requirements specified in section 323(e).'.
  (2) The second subsection designated as subsection (d) of section 343 of
  such Act (42 U.S.C. 6314(d)(1)) is amended in paragraph (1) in the material
  preceding subparagraph (A), by inserting after `180 days' the following:
  `(or, in the case of small commercial package air conditioning and heating
  equipment, large commercial package air conditioning and heating equipment,
  packaged terminal air conditioners, packaged terminal heat pumps, warm-air
  furnaces, packaged boilers, storage water heaters, instantaneous water
  heaters, and unfired hot water storage tanks, 360 days)'.
  (c) LABELING- Section 344 of such Act (42 U.S.C. 6315) is amended--
  (1) in subsection (a), by striking out `may' and inserting in lieu thereof
  `shall';
  (2) in subsection (c), by striking out `may' in the material preceding
  paragraph (1) and inserting in lieu thereof `shall';
  (3) by redesignating subsections (d), (e), (f), (g), (h), and (i) as
  subsections (f), (g), (h), (i), (j), and (k), respectively; and
  (4) by inserting after subsection (c), the following new subsections:
  `(d) Subject to subsection (h), not later than 12 months after the Secretary
  establishes test procedures for electric motors under section 343, the
  Secretary shall prescribe labeling rules under this section applicable
  to electric motors taking into consideration NEMA Standards Publication
  MG1-1987. Such rules shall provide that the labeling of any electric motor
  manufactured after the 12-month period beginning on the date the Secretary
  prescribes such labeling rules, shall--
  `(1) indicate the energy efficiency of the motor on the permanent nameplate
  attached to such motor;
  `(2) prominently display the energy efficiency of the motor in equipment
  catalogs and other material used to market the equipment; and
  `(3) include such other markings as the Secretary determines necessary
  solely to facilitate enforcement of the standards established for electric
  motors under section 342.
  `(e) Subject to subsection (h), not later than 12 months after the Secretary
  establishes test procedures for small commercial package air conditioning
  and heating equipment, large commercial package air conditioning and
  heating equipment, packaged terminal air conditioners, packaged terminal
  heat pumps, warm-air furnaces, packaged boilers, storage water heaters,
  instantaneous water heaters, and unfired hot water storage tanks under
  section 343, the Secretary shall prescribe labeling rules under this
  section for such equipment. Such rules shall provide that the labeling
  of any small commercial package air conditioning and heating equipment,
  large commercial package air conditioning and heating equipment, packaged
  terminal air conditioner, packaged terminal heat pump, warm-air furnace,
  packaged boiler, storage water heater, instantaneous water heater, and
  unfired hot water storage tank manufactured after the 12-month period
  beginning on the date the Secretary prescribes such rules shall--
  `(1) indicate the energy efficiency of the equipment on the permanent
  nameplate attached to such equipment or other nearby permanent marking;
  `(2) prominently display the energy efficiency of the equipment in new
  equipment catalogs used by the manufacturer to advertise the equipment; and
  `(3) include such other markings as the Secretary determines necessary
  solely to facilitate enforcement of the standards established for such
  equipment under section 342.'.
  (d) STANDARDS- Section 342 of such Act is amended to read as follows:
`standards
  `SEC. 342. (a) SMALL AND LARGE COMMERCIAL PACKAGE AIR CONDITIONING AND
  HEATING EQUIPMENT, PACKAGED TERMINAL AIR CONDITIONERS AND HEAT PUMPS,
  WARM-AIR FURNACES, PACKAGED BOILERS, STORAGE WATER HEATERS, INSTANTANEOUS
  WATER HEATERS, AND UNFIRED HOT WATER STORAGE TANKS- (1) Each small commercial
  package air conditioning and heating equipment manufactured on or after
  January 1, 1994, shall meet the following standard levels:
  `(A) The minimum seasonal energy efficiency ratio of air-cooled three-phase
  electric central air conditioners and central air conditioning heat pumps
  less than 65,000 Btu per hour (cooling capacity), split systems, shall
  be 10.0.
  `(B) The minimum seasonal energy efficiency ratio of air-cooled three-phase
  electric central air conditioners and central air conditioning heat pumps
  less than 65,000 Btu per hour (cooling capacity), single package, shall
  be 9.7.
  `(C) The minimum energy efficiency ratio of air-cooled central air
  conditioners and central air conditioning heat pumps at or above 65,000
  Btu per hour (cooling capacity) and less than 135,000 Btu per hour (cooling
  capacity) shall be 8.9 (at a standard rating of 95 degrees F db).
  `(D) The minimum heating seasonal performance factor of air-cooled
  three-phase electric central air conditioning heat pumps less than 65,000
  Btu per hour (cooling capacity), split systems, shall be 6.8.
  `(E) The minimum heating seasonal performance factor of air-cooled
  three-phase electric central air conditioning heat pumps less than 65,000
  Btu per hour (cooling capacity), single package, shall be 6.6.
  `(F) The minimum coefficient of performance in the heating mode of
  air-cooled central air conditioning heat pumps at or above 65,000 Btu
  per hour (cooling capacity) and less than 135,000 Btu per hour (cooling
  capacity) shall be 3.0 (at a high temperature rating of 47 degrees F db).
  `(G) The minimum energy efficiency ratio of water-cooled,
  evaporatively-cooled and water-source central air conditioners and central
  air conditioning heat pumps less than 65,000 Btu per hour (cooling capacity)
  shall be 9.3 (at a standard rating of 95 degrees F db, outdoor temperature
  for evaporatively cooled equipment, and 85 degrees Fahrenheit entering
  water temperature for water-source and water-cooled equipment).
  `(H) The minimum energy efficiency ratio of water-cooled,
  evaporatively-cooled and water-source central air conditioners and central
  air conditioning heat pumps at or above 65,000 Btu per hour (cooling
  capacity) and less than 135,000 Btu per hour (cooling capacity) shall be
  10.5 (at a standard rating of 95 degrees F db, outdoor temperature for
  evaporatively cooled equipment, and 85 degrees Fahrenheit entering water
  temperature for water source and water-cooled equipment).
  `(I) The minimum coefficient of performance in the heating mode of
  water-source heat pumps less than 135,000 Btu per hour (cooling capacity)
  shall be 3.8 (at a standard rating of 70 degrees Fahrenheit entering water).
  `(2) Each large commercial package air conditioning and heating equipment
  manufactured on or after January 1, 1995, shall meet the following standard
  levels:
  `(A) The minimum energy efficiency ratio of air-cooled central air
  conditioners and central air conditioning heat pumps at or above 135,000
  Btu per hour (cooling capacity) and less than 240,000 Btu per hour (cooling
  capacity) shall be 8.5 (at a standard rating of 95 degrees F db).
  `(B) The minimum coefficient of performance in the heating mode of air-cooled
  central air conditioning heat pumps at or above 135,000 Btu per hour (cooling
  capacity) and less than 240,000 Btu per hour (cooling capacity) shall be 2.9.
  `(C) The minimum energy efficiency ratio of water- and evaporatively-cooled
  central air conditioners and central air conditioning heat pumps at or
  above 135,000 Btu per hour (cooling capacity) and less than 240,000 Btu
  per hour (cooling capacity) shall be 9.6 (according to ARI Standard 360-86).
  `(3) Each packaged terminal air conditioner and packaged terminal heat
  pump manufactured on or after January 1, 1994, shall meet the following
  standard levels:
  `(A) The minimum energy efficiency ratio (EER) of packaged terminal air
  conditioners and packaged terminal heat pumps in the cooling mode shall
  be 10.0 -- (0.16 x Capacity [in thousands of Btu per hour at a standard
  rating of 95 degrees F db, outdoor temperature]). If a unit has a capacity
  of less than 7,000 Btu per hour, then 7,000 Btu per hour shall be used in
  the calculation. If a unit has a capacity of greater than 15,000 Btu per
  hour, then 15,000 Btu per hour shall be used in the calculation.
  `(B) The minimum coefficient of performance (COP) of packaged terminal heat
  pumps in the heating mode shall be 1.3 + (0.16 x the minimum cooling EER
  as specified in subparagraph (A)) (at a standard rating of 47 degrees F db).
  `(4) Each warm air furnace and packaged boiler manufactured on or after
  January 1, 1994, shall meet the following standard levels:
  `(A) The minimum thermal efficiency at the maximum rated capacity of
  gas-fired warm-air furnaces with capacity of 225,000 Btu per hour or more
  shall be 80 percent.
  `(B) The minimum thermal efficiency at the maximum rated capacity of
  oil-fired warm-air furnaces with capacity of 225,000 Btu per hour or more
  shall be 81 percent.
  `(C) The minimum combustion efficiency at the maximum rated capacity of
  gas-fired packaged boilers with capacity of 300,000 Btu per hour or more
  shall be 80 percent.
  `(D) The minimum combustion efficiency at the maximum rated capacity of
  oil-fired packaged boilers with capacity of 300,000 Btu per hour or more
  shall be 83 percent.
  `(5) Each storage water heater, instantaneous water heater, and unfired
  water storage tank manufactured on or after January 1, 1994, shall meet
  the following standard levels:
  `(A) Except as provided in subparagraph (G), the maximum standby loss,
  in percent per hour, of electric storage water heaters shall be 0.30 +
  (27/Measured Storage Volume [in gallons]).
  `(B) Except as provided in subparagraph (G), the maximum standby loss,
  in percent per hour, of gas- and oil-fired storage water heaters with
  input ratings of 155,000 Btu per hour or less shall be 1.30 + (114/Measured
  Storage Volume [in gallons]). The minimum thermal efficiency of such units
  shall be 78 percent.
  `(C) Except as provided in subparagraph (G), the maximum standby loss, in
  percent per hour, of gas- and oil-fired storage water heaters with input
  ratings of more than 155,000 Btu per hour shall be 1.30 + (95/Measured
  Storage Volume [in gallons]). The minimum thermal efficiency of such units
  shall be 78 percent.
  `(D) The minimum thermal efficiency of instantaneous water heaters with
  a storage volume of less than 10 gallons shall be 80 percent.
  `(E) Except as provided in subparagraph (G), the minimum thermal efficiency
  of instantaneous water heaters with a storage volume of 10 gallons or
  more shall be 77 percent. The maximum standby loss, in percent/hour,
  of such units shall be 2.30 + (67/Measured Storage Volume [in gallons]).
  `(F) Except as provided in subparagraph (G), the maximum heat loss of
  unfired hot water storage tanks shall be 6.5 Btu per hour per square foot
  of tank surface area.
  `(G) Storage water heaters and hot water storage tanks having more than
  140 gallons of storage capacity need not meet the standby loss or heat loss
  requirements specified in subparagraphs (A) through (C) and subparagraphs
  (E) and (F) if the tank surface area is thermally insulated to R-12.5 and
  if a standing pilot light is not used.
  `(6)(A) If ASHRAE/IES Standard 90.1, as in effect on the date of
  enactment of the Energy Policy Act of 1992, is amended with respect to
  any small commercial package air conditioning and heating equipment,
  large commercial package air conditioning and heating equipment, packaged
  terminal air conditioners, packaged terminal heat pumps, warm-air furnaces,
  packaged boilers, storage water heaters, instantaneous water heaters, or
  unfired hot water storage tanks, the Secretary shall establish an amended
  uniform national standard for that product at the minimum level for each
  effective date specified in the amended ASHRAE/IES Standard 90.1, unless
  the Secretary determines, by rule published in the Federal Register and
  supported by clear and convincing evidence, that adoption of a uniform
  national standard more stringent than such amended ASHRAE/IES Standard
  90.1 for such product would result in significant additional conservation
  of energy and is technologically feasible and economically justified.
  `(B)(i) If the Secretary issues a rule containing such a determination,
  the rule shall establish such amended standard. In determining whether a
  standard is economically justified for the purposes of subparagraph (A), the
  Secretary shall, after receiving views and comments furnished with respect
  to the proposed standard, determine whether the benefits of the standard
  exceed its burdens by, to the greatest extent practicable, considering--
  `(I) the economic impact of the standard on the manufacturers and on the
  consumers of the products subject to such standard;
  `(II) the savings in operating costs throughout the estimated average
  life of the product in the type (or class) compared to any increase in
  the price of, or in the initial charges for, or maintenance expenses of,
  the products which are likely to result from the imposition of the standard;
  `(III) the total projected amount of energy savings likely to result
  directly from the imposition of the standard;
  `(IV) any lessening of the utility or the performance of the products
  likely to result from the imposition of the standard;
  `(V) the impact of any lessening of competition, as determined in writing
  by the Attorney General, that is likely to result from the imposition of
  the standard;
  `(VI) the need for national energy conservation; and
  `(VII) other factors the Secretary considers relevant.
  `(ii) The Secretary may not prescribe any amended standard under this
  paragraph which increases the maximum allowable energy use, or decreases the
  minimum required energy efficiency, of a covered product. The Secretary may
  not prescribe an amended standard under this subparagraph if the Secretary
  finds (and publishes such finding) that interested persons have established
  by a preponderance of the evidence that a standard is likely to result
  in the unavailability in the United States in any product type (or class)
  of performance characteristics (including reliability), features, sizes,
  capacities, and volumes that are substantially the same as those generally
  available in the United States at the time of the Secretary's finding. The
  failure of some types (or classes) to meet this criterion shall not affect
  the Secretary's determination of whether to prescribe a standard for other
  types or classes.
  `(C) A standard amended by the Secretary under this paragraph shall become
  effective for products manufactured--
  `(i) with respect to small commercial package air conditioning and heating
  equipment, packaged terminal air conditioners, packaged terminal heat pumps,
  warm-air furnaces, packaged boilers, storage water heaters, instantaneous
  water heaters, and unfired hot water storage tanks, on or after a date
  which is two years after the effective date of the applicable minimum
  energy efficiency requirement in the amended ASHRAE/IES standard referred
  to in subparagraph (A); and
  `(ii) with respect to large commercial package air conditioning and heating
  equipment, on or after a date which is three years after the effective
  date of the applicable minimum energy efficiency requirement in the amended
  ASHRAE/IES standard referred to in subparagraph (A);
except that an energy conservation standard amended by the Secretary
pursuant to a rule under subparagraph (B) shall become effective for products
manufactured on or after a date which is four years after the date such rule
is published in the Federal Register.
  `(b) ELECTRIC MOTORS- (1) Except for definite purpose motors, special
  purpose motors, and those motors exempted by the Secretary under paragraph
  (2), each electric motor manufactured (alone or as a component of another
  piece of equipment) after the 60-month period beginning on the date of
  the enactment of this subsection, or in the case of an electric motor
  which requires listing or certification by a nationally recognized safety
  testing laboratory, after the 84-month period beginning on such date,
  shall have a nominal full load efficiency of not less than the following:
---------------------------------------------------------------------------------
`Number of poles `Nominal Full-Load Efficiency
                 Open Motors                             Closed Motors
                 6                                4    2             6
                 4    2
---------------------------------------------------------------------------------
Motor Horsepower
               1 80.0                          82.5               80.0
               82.5 75.5
             1.5 84.0                          84.0 82.5          85.5
             84.0 82.5
               2 85.5                          84.0 84.0          86.5
               84.0 84.0
               3 86.5                          86.5 84.0          87.5
               87.5 85.5
               5 87.5                          87.5 85.5          87.5
               87.5 87.5
             7.5 88.5                          88.5 87.5          89.5
             89.5 88.5
              10 90.2                          89.5 88.5          89.5
              89.5 89.5
              15 90.2                          91.0 89.5          90.2
              91.0 90.2
              20 91.0                          91.0 90.2          90.2
              91.0 90.2
              25 91.7                          91.7 91.0          91.7
              92.4 91.0
              30 92.4                          92.4 91.0          91.7
              92.4 91.0
              40 93.0                          93.0 91.7          93.0
              93.0 91.7
              50 93.0                          93.0 92.4          93.0
              93.0 92.4
              60 93.6                          93.6 93.0          93.6
              93.6 93.0
              75 93.6                          94.1 93.0          93.6
              94.1 93.0
             100 94.1                          94.1 93.0          94.1
             94.5 93.6
             125 94.1                          94.5 93.6          94.1
             94.5 94.5
             150 94.5                          95.0 93.6          95.0
             95.0 94.5
             200 94.5                          95.0 94.5          95.0
             95.0 95.0
---------------------------------------------------------------------------------
  `(2)(A) The Secretary may, by rule, provide that the standards specified
  in paragraph (1) shall not apply to certain types or classes of electric
  motors if--
  `(i) compliance with such standards would not result in significant
  energy savings because such motors cannot be used in most general purpose
  applications or are very unlikely to be used in most general purpose
  applications; and
  `(ii) standards for such motors would not be technologically feasible or
  economically justified.
  `(B) Not later than one year after the date of the enactment of this
  subsection, a manufacturer seeking an exemption under this paragraph with
  respect to a type or class of electric motor developed on or before the
  date of the enactment of such subsection shall submit a petition to the
  Secretary requesting such exemption. Such petition shall include evidence
  that the type or class of motor meets the criteria for exemption specified
  in subparagraph (A).
  `(C) Not later than two years after the date of the enactment of this
  subsection, the Secretary shall rule on each petition for exemption submitted
  pursuant to subparagraph (B). In making such ruling, the Secretary shall
  afford an opportunity for public comment.
  `(D) Manufacturers of types or classes of motors developed after the date
  of the enactment of this subsection to which standards under paragraph (1)
  would be applicable may petition the Secretary for exemptions from compliance
  with such standards based on the criteria specified in subparagraph (A).
  `(3)(A) The Secretary shall publish a final rule no later than the end
  of the 24-month period beginning on the effective date of the standards
  established under paragraph (1) to determine if such standards should
  be amended. Such rule shall provide that any amendment shall apply to
  electric motors manufactured on or after a date which is five years after
  the effective date of the standards established under paragraph (1).
  `(B) The Secretary shall publish a final rule no later than 24 months after
  the effective date of the previous final rule to determine whether to amend
  the standards in effect for such product. Any such amendment shall apply
  to electric motors manufactured after a date which is five years after--
  `(i) the effective date of the previous amendment; or
  `(ii) if the previous final rule did not amend the standards, the earliest
  date by which a previous amendment could have been effective.'.
  (e) ADMINISTRATION, PENALTIES, ENFORCEMENT, AND PREEMPTION- (1) Section
  345(a) of such Act (42 U.S.C. 6316(a)) is amended--
  (A) in the material preceding paragraph (1)--
  (i) by inserting after `to this part' the following: `(other than the
  equipment specified in subparagraphs (B), (C), (D), (E), and (F) of section
  340(1))'; and
  (ii) by striking out `and sections 328' and inserting in lieu thereof `, the
  provisions of subsections (l) through (s) of section 325, and section 327';
  (B) in paragraph (1)--
  (i) by striking out `and 324' and inserting in lieu thereof `, 324, and
  325'; and
  (ii) by striking out `343 and 344, respectively' and inserting in lieu
  thereof `343, 344, and 342, respectively';
  (C) in paragraph (3), by striking out `and' at the end thereof;
  (D) in paragraph (4), by striking out the period and inserting in lieu
  thereof a semicolon; and
  (E) by adding after paragraph (4) the following new paragraphs:
  `(5) section 327(a) shall be applied, in the case of electric motors, as
  if the National Appliance Energy Conservation Act of 1987 was the Energy
  Policy Act of 1992;
  `(6) section 327(b)(1) shall be applied as if electric motors were
  fluorescent lamp ballasts and as if the National Appliance Energy
  Conservation Amendments of 1988 were the Energy Policy Act of 1992;
  `(7) section 327(b)(4) shall be applied as if electric motors were
  fluorescent lamp ballasts and as if paragraph (5) of section 325(g) were
  section 342; and
  `(8) notwithstanding any other provision of law, a regulation or other
  requirement adopted by a State or subdivision of a State contained in a
  State or local building code for new construction concerning the energy
  efficiency or energy use of an electric motor covered under this part
  is not superseded by the standards for such electric motor established
  or prescribed under section 342(b) if such regulation or requirement is
  identical to the standards established or prescribed under such section.'.
  (2) Section 345 of such Act (42 U.S.C. 6316) is amended by adding at the
  end the following new subsections:
  `(b)(1) The provisions of section 326(a), (b), and (d), section 327(a),
  and sections 328 through 336 shall apply with respect to the equipment
  specified in subparagraphs (B), (C), (D), (E), and (F) of section 340(1) to
  the same extent and in the same manner as they apply in part B. In applying
  such provisions for the purposes of such equipment, paragraphs (1), (2),
  (3), and (4) of subsection (a) shall apply.
  `(2)(A) A standard prescribed or established under section 342(a) shall,
  beginning on the effective date of such standard, supersede any State or
  local regulation concerning the energy efficiency or energy use of a product
  for which a standard is prescribed or established pursuant to such section.
  `(B) Notwithstanding subparagraph (A), a standard prescribed or established
  under section 342(a) shall not supersede a standard for such a product
  contained in a State or local building code for new construction if--
  `(i) the standard in the building code does not require that the energy
  efficiency of such product exceed the applicable minimum energy efficiency
  requirement in amended ASHRAE/IES Standard 90.1; and
  `(ii) the standard in the building code does not take effect prior to the
  effective date of the applicable minimum energy efficiency requirement in
  amended ASHRAE/IES Standard 90.1.
  `(C) Notwithstanding subparagraph (A), a standard prescribed or established
  under section 342(a) shall not supersede the standards established by the
  State of California set forth in Table C-6, California Code of Regulations,
  Title 24, Part 2, Chapter 2-53, for water-source heat pumps below 135,000
  Btu per hour (cooling capacity) that become effective on January 1, 1993.
  `(D) Notwithstanding subparagraph (A), a standard prescribed or established
  under section 342(a) shall not supersede a State regulation which has been
  granted a waiver by the Secretary. The Secretary may grant a waiver pursuant
  to the terms, conditions, criteria, procedures, and other requirements
  specified in section 327(d) of this Act.
  `(c) With respect to any electric motor to which standards are applicable
  under section 342(b), the Secretary shall require manufacturers to certify,
  through an independent testing or certification program nationally recognized
  in the United States, that such motor meets the applicable.'.
  (3) Section 345 of such Act (42 U.S.C. 6316) is amended by striking out the
  section heading and inserting in lieu thereof `ADMINISTRATION, PENALTIES,
  ENFORCEMENT, AND PREEMPTION'.
  (f) TECHNICAL AMENDMENTS- (1) Section 340(3) of such Act is amended
  by striking out `(3) the' and inserting in lieu thereof the following:
  `(3) The'.
  (2) Section 343 of such Act (42 U.S.C. 6314) is amended by redesignating
  the first subsection designated as subsection (d) as subsection (c).
  (3) The table of contents of such Act is amended--
  (A) by striking out the item relating to section 342 and inserting in lieu
  thereof the following new item:
`Sec. 342. Standards.';
  and
  (B) by striking the item for section 345 and inserting in lieu thereof
  the following new item:
`Sec. 345. Administration, penalties, enforcement, and preemption.'.
SEC. 123. ENERGY CONSERVATION REQUIREMENTS FOR CERTAIN LAMPS AND PLUMBING
PRODUCTS.
  (a) STATEMENT OF PURPOSE- Section 2 of the Energy Policy and Conservation
  Act (42 U.S.C. 6201) is amended--
  (1) in paragraph (6), by striking out `and' at the end;
  (2) in paragraph (7), by striking out the period at the end and inserting
  in lieu thereof `; and'; and
  (3) by adding at the end the following new paragraph:
  `(8) to conserve water by improving the water efficiency of certain plumbing
  products and appliances.'.
  (b) DEFINITIONS- Section 321(a) of the Energy Policy and Conservation Act
  (42 U.S.C. 6291(a)) is amended--
  (1) by striking out the subsection designation;
  (2) in paragraph (1)--
  (A) in subparagraph (A), by inserting before the semicolon the following:
  `or, with respect to showerheads, faucets, water closets, and urinals,
  water'; and
  (B) in subparagraph (B), by striking out `ballasts' and inserting in lieu
  thereof the following: `ballasts, general service fluorescent lamps,
  incandescent reflector lamps, showerheads, faucets, water closets,
  and urinals';
  (3) in paragraph (6)--
  (A) in subparagraph (A), by inserting `, or, in the case of showerheads,
  faucets, water closets, and urinals, water use,' after `energy use'; and
  (B) in subparagraph (B)--
  (i) by striking out `and (14)' and inserting in lieu thereof `(15), (16),
  (17), and (19)'; and
  (ii) by striking out `325(o)' and inserting in lieu thereof `325(r)';
  (4) in paragraph (7), by inserting after `to be consumed annually' the
  following: `, and in the case of showerheads, faucets, water closets,
  and urinals, the aggregate retail cost of water and wastewater treatment
  services likely to be incurred annually,'; and
  (5) by adding at the end the following new paragraphs:
  `(30)(A) Except as provided in subparagraph (E), the term `fluorescent
  lamp' means a low pressure mercury electric-discharge source in which a
  fluorescing coating transforms some of the ultraviolet energy generated
  by the mercury discharge into light, including only the following:
  `(i) Any straight-shaped lamp (commonly referred to as 4-foot medium
  bi-pin lamps) with medium bi-pin bases of nominal overall length of 48
  inches and rated wattage of 28 or more.
  `(ii) Any U-shaped lamp (commonly referred to as 2-foot U-shaped lamps)
  with medium bi-pin bases of nominal overall length between 22 and 25 inches
  and rated wattage of 28 or more.
  `(iii) Any rapid start lamp (commonly referred to as 8-foot high output
  lamps) with recessed double contact bases of nominal overall length of
  96 inches and 0.800 nominal amperes, as defined in ANSI C78.1-1978 and
  related supplements.
  `(iv) Any instant start lamp (commonly referred to as 8-foot slimline
  lamps) with single pin bases of nominal overall length of 96 inches and
  rated wattage of 52 or more, as defined in ANSI C78.3-1978 (R1984) and
  related supplement ANSI C78.3a-1985.
  `(B) The term `general service fluorescent lamp' means fluorescent lamps
  which can be used to satisfy the majority of fluorescent applications,
  but does not include any lamp designed and marketed for the following
  nongeneral lighting applications:
  `(i) Fluorescent lamps designed to promote plant growth.
  `(ii) Fluorescent lamps specifically designed for cold temperature
  installations.
  `(iii) Colored fluorescent lamps.
  `(iv) Impact-resistant fluorescent lamps.
  `(v) Reflectorized or aperture lamps.
  `(vi) Fluorescent lamps designed for use in reprographic equipment.
  `(vii) Lamps primarily designed to produce radiation in the ultra-violet
  region of the spectrum.
  `(viii) Lamps with a color rendering index of 82 or greater.
  `(C) Except as provided in subparagraph (E), the term `incandescent lamp'
  means a lamp in which light is produced by a filament heated to incandescence
  by an electric current, including only the following:
  `(i) Any lamp (commonly referred to as lower wattage nonreflector general
  service lamps, including any tungsten-halogen lamp) that has a rated wattage
  between 30 and 199 watts, has an E26 medium screw base, has a rated voltage
  or voltage range that lies at least partially within 115 and 130 volts,
  and is not a reflector lamp.
  `(ii) Any lamp (commonly referred to as a reflector lamp) which is not
  colored or designed for rough or vibration service applications, that
  contains an inner reflective coating on the outer bulb to direct the light,
  an R, PAR, or similar bulb shapes (excluding ER or BR) with E26 medium screw
  bases, a rated voltage or voltage range that lies at least partially within
  115 and 130 volts, a diameter which exceeds 2.75 inches, and is either--
  `(I) a low(er) wattage reflector lamp which has a rated wattage between
  40 and 205 watts; or
  `(II) a high(er) wattage reflector lamp which has a rated wattage above
  205 watts.
  `(iii) Any general service incandescent lamp (commonly referred to as a
  high- or higher-wattage lamp) that has a rated wattage above 199 watts
  (above 205 watts for a high wattage reflector lamp).
  `(D) The term `general service incandescent lamp' means any incandescent lamp
  (other than a miniature or photographic lamp) that has an E26 medium screw
  base, a rated voltage range at least partially within 115 and 130 volts,
  and which can be used to satisfy the majority of lighting applications,
  but does not include any lamps specifically designed for--
  `(i) traffic signal, or street lighting service;
  `(ii) airway, airport, aircraft, or other aviation service;
  `(iii) marine or marine signal service;
  `(iv) photo, projection, sound reproduction, or film viewer service;
  `(v) stage, studio, or television service;
  `(vi) mill, saw mill, or other industrial process service;
  `(vii) mine service;
  `(viii) headlight, locomotive, street railway, or other transportation
  service;
  `(ix) heating service;
  `(x) code beacon, marine signal, lighthouse, reprographic, or other
  communication service;
  `(xi) medical or dental service;
  `(xii) microscope, map, microfilm, or other specialized equipment service;
  `(xiii) swimming pool or other underwater service;
  `(xiv) decorative or showcase service;
  `(xv) producing colored light;
  `(xvi) shatter resistance which has an external protective coating; or
  `(xvii) appliance service.
  `(E) The terms `fluorescent lamp' and `incandescent lamp' do not include any
  lamp excluded by the Secretary, by rule, as a result of a determination
  that standards for such lamp would not result in significant energy
  savings because such lamp is designed for special applications or has
  special characteristics not available in reasonably substitutable lamp types.
  `(F) The term `incandescent reflector lamp' means a lamp described in
  subparagraph (C)(ii).
  `(G) The term `average lamp efficacy' means the lamp efficacy readings
  taken over a statistically significant period of manufacture with the
  readings averaged over that period.
  `(H) The term `base' means the portion of the lamp which connects with
  the socket as described in ANSI C81.61-1990.
  `(I) The term `bulb shape' means the shape of lamp, especially the glass
  bulb with designations for bulb shapes found in ANSI C79.1-1980 (R1984).
  `(J) The term `color rendering index' or `CRI' means the measure of the
  degree of color shift objects undergo when illuminated by a light source
  as compared with the color of those same objects when illuminated by a
  reference source of comparable color temperature.
  `(K) The term `correlated color temperature' means the absolute temperature
  of a blackbody whose chromaticity most nearly resembles that of the
  light source.
  `(L) The term `IES' means the Illuminating Engineering Society of North
  America.
  `(M) The term `lamp efficacy' means the lumen output of a lamp divided by
  its wattage, expressed in lumens per watt (LPW).
  `(N) The term `lamp type' means all lamps designated as having the same
  electrical and lighting characteristics and made by one manufacturer.
  `(O) The term `lamp wattage' means the total electrical power consumed
  by a lamp in watts, after the initial seasoning period referenced in the
  appropriate IES standard test procedure and including, for fluorescent,
  arc watts plus cathode watts.
  `(P) The terms `life' and `lifetime' mean length of operating time of a
  statistically large group of lamps between first use and failure of 50
  percent of the group in accordance with test procedures described in the
  IES Lighting Handbook-Reference Volume.
  `(Q) The term `lumen output' means total luminous flux (power) of a lamp
  in lumens, as measured in accordance with applicable IES standards as
  determined by the Secretary.
  `(R) The term `tungsten-halogen lamp' means a gas-filled tungsten filament
  incandescent lamp containing a certain proportion of halogens in an
  inert gas.
  `(S) The term `medium base compact fluorescent lamp' means an integrally
  ballasted fluorescent lamp with a medium screw base and a rated input
  voltage of 115 to 130 volts and which is designed as a direct replacement
  for a general service incandescent lamp.
  `(31)(A) The term `water use' means the quantity of water flowing through
  a showerhead, faucet, water closet, or urinal at point of use, determined
  in accordance with test procedures under section 323.
  `(B) The term `ASME' means the American Society of Mechanical Engineers.
  `(C) The term `ANSI' means the American National Standards Institute.
  `(D) The term `showerhead' means any showerhead (including a handheld
  showerhead), except a safety shower showerhead.
  `(E) The term `faucet' means a lavatory faucet, kitchen faucet, metering
  faucet, or replacement aerator for a lavatory or kitchen faucet.
  `(F) The term `water closet' has the meaning given such term in ASME
  A112.19.2M-1990, except such term does not include fixtures designed for
  installation in prisons.
  `(G) The term `urinal' has the meaning given such term in ASME
  A112.19.2M-1990, except such term does not include fixtures designed for
  installation in prisons.
  `(H) The terms `blowout', `flushometer tank', `low consumption',
  and `flushometer valve' have the meaning given such terms in ASME
  A112.19.2M-1990.'.
  (c) COVERAGE- Section 322(a) of such Act (42 U.S.C. 6292(a)) is amended--
  (1) by redesignating paragraph (14) as paragraph (19); and
  (2) by inserting after paragraph (13) the following new paragraphs:
  `(14) General service fluorescent lamps and incandescent reflector lamps.
  `(15) Showerheads, except safety shower showerheads.
  `(16) Faucets.
  `(17) Water closets.
  `(18) Urinals.'.
  (d) TEST PROCEDURES- Section 323 of such Act (42 U.S.C. 6293) is amended--
  (1) in subsection (b)--
  (A) in paragraph (3), by inserting after `energy use,' the following `water
  use (in the case of showerheads, faucets, water closets and urinals),';
  (B) in paragraph (4)--
  (i) by inserting `or, in the case of showerheads, faucets, water closets,
  or urinals, water use' after `energy use';
  (ii) by inserting after `such cycle' the following: `, or in the case of
  showerheads, faucets, water closets, or urinals, representative average
  unit costs of water and wastewater treatment service resulting from the
  operation of such products during such cycle'; and
  (iii) by inserting `, water, and wastewater treatment' before the period
  at the end of the second sentence; and
  (C) by adding at the end the following new paragraphs:
  `(6) With respect to fluorescent lamps and incandescent reflector lamps
  to which standards are applicable under subsection (i) of section 325, the
  Secretary shall prescribe test procedures, to be carried out by accredited
  test laboratories, that take into consideration the applicable IES or
  ANSI standard.
  `(7)(A) Test procedures for showerheads and faucets to which standards are
  applicable under subsection (j) of section 325 shall be the test procedures
  specified in ASME A112.18.1M-1989 for such products.
  `(B) If the test procedure requirements of ASME A112.18.1M-1989 are
  revised at any time and approved by ANSI, the Secretary shall amend the
  test procedures established by subparagraph (A) to conform to such revised
  ASME/ANSI requirements unless the Secretary determines, by rule, that to
  do so would not meet the requirements of paragraph (3).
  `(8)(A) Test procedures for water closets and urinals to which standards
  are applicable under subsection (k) of section 325 shall be the test
  procedures specified in ASME A112.19.6-1990 for such products.
  `(B) If the test procedure requirements of ASME A112.19.6-1990 are revised
  at any time and approved by ANSI, the Secretary shall amend the test
  procedures established by subparagraph (A) to conform to such revised
  ASME/ANSI requirements unless the Secretary determines, by rule, that to
  do so would not meet the requirements of paragraph (3).';
  (2) in paragraphs (1) and (2) of subsection (c), by inserting `or, in the
  case of showerheads, faucets, water closets, and urinals, water use' after
  `efficiency' each place it appears;
  (3) in subsection (c)(2), in the material preceding subparagraph (A),
  by inserting `or established' after `prescribed'; and
  (4) in subsection (e)--
  (A) in paragraph (1), by striking out `or measured energy use' and inserting
  in lieu thereof `, measured energy use, or measured water use';
  (B) in paragraph (2), by striking out `energy efficiency or energy use'
  each place it appears and inserting in lieu thereof `energy efficiency,
  energy use, or water use'; and
  (C) in paragraph (3), by striking out `energy efficiency or energy use'
  and inserting in lieu thereof `energy efficiency, energy use, or water use'.
  (e) LABELING- Section 324 of such Act (42 U.S.C. 6294) is amended--
  (1) in subsection (a)(2), by adding at the end the following new
  subparagraphs:
  `(C)(i) Not later than 18 months after the date of the enactment of
  the Energy Policy Act of 1992, the Commission shall prescribe labeling
  rules under this section applicable to general service fluorescent lamps,
  medium base compact fluorescent lamps, and general service incandescent
  lamps. Except as provided in clause (ii), such rules shall provide that
  the labeling of any general service fluorescent lamp, medium base compact
  fluorescent lamp, and general service incandescent lamp manufactured after
  the 12-month period beginning on the date of the publication of such rule
  shall indicate conspicuously on the packaging of the lamp, in a manner
  prescribed by the Commission under subsection (b), such information as the
  Commission deems necessary to enable consumers to select the most energy
  efficient lamps which meet their requirements. Labeling information for
  incandescent lamps shall be based on performance when operated at 120
  volts input, regardless of the rated lamp voltage.
  `(ii) If the Secretary determines that compliance with the standards
  specified in section 325(j) for any lamp will result in the discontinuance
  of the manufacture of such lamp, the Commission may exempt such lamp from
  the labeling rules prescribed under clause (i).
  `(D)(i) Not later than one year after the date of the enactment of the Energy
  Policy Act of 1992, the Commission shall prescribe labeling rules under
  this section for showerheads and faucets to which standards are applicable
  under subsection (j) of section 325. Such rules shall provide that the
  labeling of any showerhead or faucet manufactured after the 12-month period
  beginning on the date of the publication of such rule shall be consistent
  with the marking and labeling requirements of ASME A112.18.1M-1989, except
  that each showerhead and flow restricting or controlling spout-end device
  shall bear a permanent legible marking indicating the flow rate, expressed
  in gallons per minute (gpm) or gallons per cycle (gpc), and the flow rate
  value shall be the actual flow rate or the maximum flow rate specified by
  the standards established in subsection (j) of section 325.
  `(ii) If the marking and labeling requirements of ASME A112.18.1M-1989 are
  revised at any time and approved by ANSI, the Commission shall amend the
  labeling rules established pursuant to clause (i) to be consistent with such
  revised ASME/ANSI requirements unless such requirements are inconsistent
  with the purposes of this Act or the requirement specified in clause (i)
  requiring each showerhead and flow restricting or controlling spout-end
  device to bear a permanent legible marking indicating the flow rate of
  such product.
  `(E)(i) Not later than one year after the date of the enactment of the
  Energy Policy Act of 1992, the Commission shall prescribe labeling rules
  under this section for water closets and urinals to which standards are
  applicable under subsection (k) of section 325. Such rules shall provide
  that the labeling of any water closet or urinal manufactured after the
  12-month period beginning on the date of the publication of such rule
  shall be consistent with the marking and labeling requirements of ASME
  A112.19.2M-1990, except that each fixture (and flushometer valve associated
  with such fixture) shall bear a permanent legible marking indicating the
  water use, expressed in gallons per flush (gpf), and the water use value
  shall be the actual water use or the maximum water use specified by the
  standards established in subsection (k) of section 325.
  `(ii) If the marking and labeling requirements of ASME A112.19.2M-1990 are
  revised at any time and approved by ANSI, the Commission shall amend the
  labeling rules established pursuant to clause (i) to be consistent with such
  revised ASME/ANSI requirements unless such requirements are inconsistent
  with the purposes of this Act or the requirement specified in clause (i)
  requiring each fixture and flushometer valve to bear a permanent legible
  marking indicating the water use of such fixture or flushometer valve.
  `(iii) Any labeling rules prescribed under this subparagraph before January
  1, 1997, shall provide that, with respect to any gravity tank-type white
  2-piece toilet which has a water use greater than 1.6 gallons per flush
  (gpf), any printed matter distributed or displayed in connection with such
  product (including packaging and point of sale material, catalog material,
  and print advertising) shall include, in a conspicuous manner, the words
  `For Commercial Use Only'.';
  (2) in subsection (a)(3), by striking out `(14)' and inserting in lieu
  thereof `(19)';
  (3) in subsection (b)(1)(B), by striking out `(14)' and inserting in lieu
  thereof `(13), and paragraphs (15) through (19)';
  (4) in paragraphs (3) and (5) of subsection (b), by striking out `(14)'
  and inserting in lieu thereof `(19)'; and
  (5) in subsection (c)--
  (A) in paragraph (7), by striking out `paragraph (13) of section 322'
  and inserting in lieu thereof `paragraphs (13), (14), (15), (16), (17),
  and (18) of section 322(a)'; and
  (B) by adding at the end the following:
  `(8) If a manufacturer of a covered product specified in paragraph (15) or
  (17) of section 322(a) elects to provide a label for such covered product
  conveying the estimated annual operating cost of such product or the range
  of estimated annual operating costs for the type or class of such product--
  `(A) such estimated cost or range of costs shall be determined in accordance
  with test procedures prescribed under section 323;
  `(B) the format of such label shall be in accordance with a format prescribed
  by the Commission; and
  `(C) such label shall be displayed in a manner, prescribed by the Commission,
  to be likely to assist consumers in making purchasing decisions and
  appropriate to carry out the purposes of this Act.'.
  (f) STANDARDS- Section 325 of such Act (42 U.S.C. 6295) is amended--
  (1) by redesignating subsections (i) through (q) as subsections (l) through
  (t);
  (2) by inserting after subsection (h) the following:
  `(i) GENERAL SERVICE FLUORESCENT LAMPS AND INCANDESCENT REFLECTOR
  LAMPS- (1)(A) Each of the following general service fluorescent lamps
  and incandescent reflector lamps manufactured after the effective date
  specified in the tables listed in this paragraph shall meet or exceed the
  following lamp efficacy and CRI standards:
`FLUORESCENT LAMPS
------------------------------------------------------------------------------------------------------------------
          `Lamp Type Nominal Lamp Wattage Minimum CRI Minimum Average Lamp
          Efficacy (LPW) Effective Date (Months)
------------------------------------------------------------------------------------------------------------------
4-foot medium bi-pin >35W                 69          75.0
36
                     ¾35W                 45          75.0
                     36
     2-foot U-shaped >35W                 69          68.0
     36
                     ¾35W                 45          64.0
                     36
     8-foot slimline  65W                 69          80.0
     18
                     ¾65W                 45          80.0
                     18
  8-foot high output >100W                69          80.0
  18
                     ¾100W                45          80.0
                     18
------------------------------------------------------------------------------------------------------------------
`INCANDESCENT REFLECTOR LAMPS
----------------------------------------------------------------------------------
`Nominal Lamp Wattage Minimum Average Lamp Efficacy (LPW) Effective Date
(Months)
----------------------------------------------------------------------------------
                40-50 10.5                                36
                51-66 11.0                                36
                67-85 12.5                                36
               86-115 14.0                                36
              116-155 14.5                                36
              156-205 15.0                                36
----------------------------------------------------------------------------------
  `(B) For the purposes of the tables set forth in subparagraph (A), the term
  `effective date' means the last day of the month set forth in the table
  which follows the date of the enactment of the Energy Policy Act of 1992.
  `(2) Notwithstanding section 332(a)(5) and section 332(b), it shall not
  be unlawful for a manufacturer to sell a lamp which is in compliance with
  the law at the time such lamp was manufactured.
  `(3) Not less than 36 months after the date of the enactment of this
  subsection, the Secretary shall initiate a rulemaking procedure and
  shall publish a final rule not later than the end of the 54-month period
  beginning on the date of the enactment of this subsection to determine if
  the standards established under paragraph (1) should be amended. Such rule
  shall contain such amendment, if any, and provide that the amendment shall
  apply to products manufactured on or after the 36-month period beginning
  on the date such final rule is published.
  `(4) Not less than eight years after the date of the enactment of this
  subsection, the Secretary shall initiate a rulemaking procedure and shall
  publish a final rule not later than nine years and six months after the date
  of the enactment of this subsection to determine if the standards in effect
  for fluorescent lamps and incandescent lamps should be amended. Such rule
  shall contain such amendment, if any, and provide that the amendment shall
  apply to products manufactured on or after the 36-month period beginning
  on the date such final rule is published.
  `(5) Not later than the end of the 24-month period beginning on the
  date labeling requirements under section 324(a)(2)(C) become effective,
  the Secretary shall initiate a rulemaking procedure to determine if the
  standards in effect for fluorescent lamps and incandescent lamps should
  be amended so that they would be applicable to additional general service
  fluorescent and general service incandescent lamps and shall publish,
  not later than 18 months after initiating such rulemaking, a final rule
  including such amended standards, if any. Such rule shall provide that
  the amendment shall apply to products manufactured after a date which is
  36 months after the date such rule is published.
  `(6)(A) With respect to any lamp to which standards are applicable under
  this subsection or any lamp specified in section 346, the Secretary shall
  inform any Federal entity proposing actions which would adversely impact
  the energy consumption or energy efficiency of such lamp of the energy
  conservation consequences of such action. It shall be the responsibility
  of such Federal entity to carefully consider the Secretary's comments.
  `(B) Notwithstanding section 325(n)(1), the Secretary shall not be prohibited
  from amending any standard, by rule, to permit increased energy use or
  to decrease the minimum required energy efficiency of any lamp to which
  standards are applicable under this subsection if such action is warranted
  as a result of other Federal action (including restrictions on materials
  or processes) which would have the effect of either increasing the energy
  use or decreasing the energy efficiency of such product.
  `(7) Not later than the date on which standards established pursuant
  to this subsection become effective, or, with respect to high-intensity
  discharge lamps covered under section 346, the effective date of standards
  established pursuant to such section, each manufacturer of a product
  to which such standards are applicable shall file with the Secretary a
  laboratory report certifying compliance with the applicable standard for
  each lamp type. Such report shall include the lumen output and wattage
  consumption for each lamp type as an average of measurements taken over
  the preceding 12-month period. With respect to lamp types which are not
  manufactured during the 12-month period preceding the date such standards
  become effective, such report shall be filed with the Secretary not later
  than the date which is 12 months after the date manufacturing is commenced
  and shall include the lumen output and wattage consumption for each such
  lamp type as an average of measurements taken during such 12-month period.
  `(j) STANDARDS FOR SHOWERHEADS AND FAUCETS- (1) The maximum water use
  allowed for any showerhead manufactured after January 1, 1994, is 2.5
  gallons per minute when measured at a flowing water pressure of 80 pounds
  per square inch. Any such showerhead shall also meet the requirements of
  ASME/ANSI A112.18.1M-1989, 7.4.3(a).
  `(2) The maximum water use allowed for any of the following faucets
  manufactured after January 1, 1994, when measured at a flowing water
  pressure of 80 pounds per square inch, is as follows:
`Lavatory faucets
2.5 gallons per minute
`Lavatory replacement aerators
2.5 gallons per minute
`Kitchen faucets
2.5 gallons per minute
`Kitchen replacement aerators
2.5 gallons per minute
`Metering faucets
0.25 gallons per cycle
  `(3)(A) If the maximum flow rate requirements or the design requirements
  of ASME/ANSI Standard A112.18.1M-1989 are amended to improve the efficiency
  of water use of any type or class of showerhead or faucet and are approved
  by ANSI, the Secretary shall, not later than 12 months after the date
  of such amendment, publish a final rule establishing an amended uniform
  national standard for that product at the level specified in the amended
  ASME/ANSI Standard A112.18.1M and providing that such standard shall
  apply to products manufactured after a date which is 12 months after the
  publication of such rule, unless the Secretary determines, by rule published
  in the Federal Register, that adoption of a uniform national standard at
  the level specified in such amended ASME/ANSI Standard A112.18.1M--
  `(i) is not technologically feasible and economically justified under
  subsection (o);
  `(ii) is not consistent with the maintenance of public health and safety; or
  `(iii) is not consistent with the purposes of this Act.
  `(B)(i) As part of the rulemaking conducted under subparagraph (A), the
  Secretary shall also determine if adoption of a uniform national standard
  for any type or class of showerhead or faucet more stringent than such
  amended ASME/ANSI Standard A112.18.1M--
  `(I) would result in additional conservation of energy or water;
  `(II) would be technologically feasible and economically justified under
  subsection (o); and
  `(III) would be consistent with the maintenance of public health and safety.
  `(ii) If the Secretary makes an affirmative determination under clause (i),
  the final rule published under subparagraph (A) shall waive the provisions
  of section 327(c) with respect to any State regulation concerning the water
  use or water efficiency of such type or class of showerhead or faucet if
  such State regulation--
  `(I) is more stringent than amended ASME/ANSI Standard A112.18.1M for
  such type or class of showerhead or faucet and the standard in effect for
  such product on the day before the date on which a final rule is published
  under subparagraph (A); and
  `(II) is applicable to any sale or installation of all products in such
  type or class of showerhead or faucet.
  `(C) If, after any period of five consecutive years, the maximum flow rate
  requirements of the ASME/ANSI standard for showerheads are not amended
  to improve the efficiency of water use of such products, or after any
  such period such requirements for faucets are not amended to improve the
  efficiency of water use of such products, the Secretary shall, not later
  than six months after the end of such five-year period, publish a final
  rule waiving the provisions of section 327(c) with respect to any State
  regulation concerning the water use or water efficiency of such type or
  class of showerhead or faucet if such State regulation--
  `(i) is more stringent than the standards in effect for such type of class
  of showerhead or faucet; and
  `(ii) is applicable to any sale or installation of all products in such
  type or class of showerhead or faucet.
  `(k) STANDARDS FOR WATER CLOSETS AND URINALS- (1)(A) Except as provided
  in subparagraph (B), the maximum water use allowed in gallons per flush
  for any of the following water closets manufactured after January 1, 1994,
  is the following:
  `Gravity tank-type toilets
--1.6 gpf.
  `Flushometer tank toilets
--1.6 gpf.
  `Electromechanical hydraulic toilets
--1.6 gpf.
  `Blowout toilets
--3.5 gpf.
  `(B) The maximum water use allowed for any gravity tank-type white 2-piece
  toilet which bears an adhesive label conspicuous upon installation consisting
  of the words `Commercial Use Only' manufactured after January 1, 1994,
  and before January 1, 1997, is 3.5 gallons per flush.
  `(C) The maximum water use allowed for flushometer valve toilets, other
  than blowout toilets, manufactured after January 1, 1997, is 1.6 gallons
  per flush.
  `(2) The maximum water use allowed for any urinal manufactured after
  January 1, 1994, is 1.0 gallon per flush.
  `(3)(A) If the maximum flush volume requirements of ASME Standard
  A112.19.6-1990 are amended to improve the efficiency of water use of any
  low consumption water closet or low consumption urinal and are approved by
  ANSI, the Secretary shall, not later than 12 months after the date of such
  amendment, publish a final rule establishing an amended uniform national
  standard for that product at the level specified in amended ASME/ANSI
  Standard A112.19.6 and providing that such standard shall apply to products
  manufactured after a date which is one year after the publication of such
  rule, unless the Secretary determines, by rule published in the Federal
  Register, that adoption of a uniform national standard at the level
  specified in such amended ASME/ANSI Standard A112.19.6--
  `(i) is not technologically feasible and economically justified under
  subsection (o);
  `(ii) is not consistent with the maintenance of public health and safety; or
  `(iii) is not consistent with the purposes of this Act.
  `(B)(i) As part of the rulemaking conducted under subparagraph (A), the
  Secretary shall also determine if adoption of a uniform national standard
  for any type or class of low consumption water closet or low consumption
  urinal more stringent than such amended ASME/ANSI Standard A112.19.6 for
  such product--
  `(I) would result in additional conservation of energy or water;
  `(II) would be technologically feasible and economically justified under
  subsection (o); and
  `(III) would be consistent with the maintenance of public health and safety.
  `(ii) If the Secretary makes an affirmative determination under clause (i),
  the final rule published under subparagraph (A) shall waive the provisions
  of section 327(c) with respect to any State regulation concerning the
  water use or water efficiency of such type or class of low consumption
  water closet or low consumption urinal if such State regulation--
  `(I) is more stringent than amended ASME/ANSI Standard A112.19.6 for such
  type or class of low consumption water closet or low consumption urinal
  and the standard in effect for such product on the day before the date on
  which a final rule is published under subparagraph (A); and
  `(II) is applicable to any sale or installation of all products in such
  type or class of low consumption water closet or low consumption urinal.
  `(C) If, after any period of five consecutive years, the maximum flush volume
  requirements of the ASME/ANSI standard for low consumption water closets
  are not amended to improve the efficiency of water use of such products,
  or after any such period such requirements for low consumption urinals are
  not amended to improve the efficiency of water use of such products, the
  Secretary shall, not later than six months after the end of such five-year
  period, publish a final rule waiving the provisions of section 327(c) with
  respect to any State regulation concerning the water use or water efficiency
  of such type or class of water closet or urinal if such State regulation--
  `(i) is more stringent than the standards in effect for such type or class
  of water closet or urinal; and
  `(ii) is applicable to any sale or installation of all products in such
  type or class of water closet or urinal.';
  (3) in subsection (l) (as redesignated by paragraph (1) of this subsection)--
  (A) in paragraphs (1) and (2), by striking out `(14)' and inserting in
  lieu thereof `(19)'; and
  (B) in paragraphs (1) and (3), by striking out `(l) and (m)' and inserting
  in lieu thereof `(o) and (p)';
  (4) in subsection (m) (as redesignated by paragraph (1) of this subsection),
  by striking out `(h)' and inserting in lieu thereof `(i)';
  (5) in subsection (n) (as redesignated by paragraph (1) of this subsection)--
  (A) in paragraph (1)--
  (i) by striking out `and in paragraph (13)' and inserting in lieu thereof
  `, and in paragraphs (13) and (14)'; and
  (ii) by striking out `(h)' and inserting in lieu thereof `(i)';
  (B) in paragraph (2)(C), by striking out `(l)(2)(B)(i)(II)' and inserting
  in lieu thereof `(o)(2)(B)(i)(II)'; and
  (C) in paragraph (3)(B), by inserting `general service fluorescent lamps,
  incandescent reflector lamps,' after `fluorescent lamp ballasts,';
  (6) in subsection (o) (as redesignated by paragraph (1) of this subsection)--
  (A) in paragraph (1), by inserting `or, in the case of showerheads, faucets,
  water closets, or urinals, water use,' after `energy use,';
  (B) in paragraph (2)(A), by inserting `, or, in the case of showerheads,
  faucets, water closets, or urinals, water efficiency,' after `energy
  efficiency';
  (C) in paragraph (2)(B)(i)(III), by inserting `, or as applicable, water,'
  after `energy';
  (D) in paragraph (2)(B)(i)(VI), by inserting `and water' after `energy';
  (E) in paragraph (2)(B)(iii), by striking out `energy savings' and inserting
  `energy, and as applicable, water savings'; and
  (F) in paragraph (3)(B), by inserting  `, in the case of showerheads,
  faucets, water closets, or urinals, water, or' after `energy or'; and
  (7) in subsection (p)(3)(A) (as redesignated by paragraph (1) of this
  subsection)--
  (A) by striking out `(l)(2)' and inserting in lieu thereof `(o)(2)'; and
  (B) by striking out `(l)(4)' and inserting in lieu thereof `(o)(4)'.
  (g) REQUIREMENTS OF MANUFACTURERS- Section 326 of such Act (42 U.S.C. 6296)
  is amended--
  (1) in subsection (b)(4), by inserting `or water use' after `consumption';
  and
  (2) in subsection (d)(1), by striking out `or energy use' and inserting
  in lieu thereof `, energy use, or, in the case of showerheads, faucets,
  water closets, and urinals, water use'.
  (h) EFFECT ON OTHER LAW- Section 327 of such Act (42 U.S.C. 6297)
  is amended--
  (1) in subsection (a)--
  (A) in paragraph (1), in the material preceding subparagraph (A), by
  inserting `or water use' after `energy consumption';
  (B) in paragraph (1)(A), by inserting `, water use,' after `energy
  consumption';
  (C) in paragraph (1)(B), by striking out `or energy efficiency' and
  inserting in lieu thereof `, energy efficiency, or water use'; and
  (D) by amending paragraph (2) to read as follows:
  `(2) For purposes of this section, the following definitions apply:
  `(A) The term `State regulation' means a law, regulation, or other
  requirement of a State or its political subdivisions. With respect to
  showerheads, faucets, water closets, and urinals, such term shall also
  mean a law, regulation, or other requirement of a river basin commission
  that has jurisdiction within a State.
  `(B) The term `river basin commission' means--
  `(i) a commission established by interstate compact to apportion, store,
  regulate, or otherwise manage or coordinate the management of the waters
  of a river basin; and
  `(ii) a commission established under section 201(a) of the Water Resources
  Planning Act (42 U.S.C. 1962b(a)).';
  (2) in subsection (b)--
  (A) in the material preceding paragraph (1), by striking out `or energy
  use of the covered product' and inserting in lieu thereof `, energy use,
  or water use of the covered product';
  (B) by inserting before the semicolon at the end of paragraph (1)
  the following: `, or in the case of any portion of any regulation which
  establishes requirements for fluorescent or incandescent lamps, flow rate
  requirements for showerheads or faucets, or water use requirements for
  water closets or urinals, was prescribed or enacted before the date of
  the enactment of the Energy Policy Act of 1992';
  (C) in paragraph (4), by inserting before the semicolon at the end the
  following: `, or is a regulation (or portion thereof) regulating fluorescent
  or incandescent lamps other than those to which section 325(i) is applicable,
  or is a regulation (or portion thereof) regulating showerheads or faucets
  other than those to which section 325(j) is applicable or regulating
  lavatory faucets (other than metering faucets) for installation in public
  places, or is a regulation (or portion thereof) regulating water closets
  or urinals other than those to which section 325(k) is applicable';
  (D) in paragraph (5), by striking out `or';
  (E) in paragraph (6), by striking out the period at the end and inserting
  `; or'; and
  (F) by adding at the end the following new paragraph:
  `(7) is a regulation (or portion thereof) concerning the water efficiency
  or water use of low consumption flushometer valve water closets.';
  (3) in subsection (c)--
  (A) in the material preceding paragraph (1)--
  (i) by inserting `, subparagraphs (B) and (C) of section 325(j)(3),
  and subparagraphs (B) and (C) of section 325(k)(3)' after `section
  325(b)(3)(A)(ii)'; and
  (ii) by striking out `or energy use' and inserting  in lieu thereof the
  following: `, energy use, or water use';
  (B) in paragraph (1), by inserting before the semicolon at the end the
  following: `, except that a State regulation (or portion thereof) regulating
  fluorescent or incandescent lamps other than those for which section 325(i)
  is applicable shall be effective only until the effective date of a standard
  that is prescribed by the Secretary and is applicable to such lamps';
  (C) in paragraph (2), by striking out `or';
  (D) in paragraph (3), by striking out the period at the end and inserting
  a semicolon; and
  (E) by adding at the end the following new paragraphs:
  `(4) is a regulation concerning the water use of lavatory faucets adopted
  by the State of New York or the State of Georgia before the date of the
  enactment of the Energy Policy Act of 1992;
  `(5) is a regulation concerning the water use of lavatory or kitchen
  faucets adopted by the State of Rhode Island prior to the date of the
  enactment of the Energy Policy Act of 1992; or
  `(6) is a regulation (or portion thereof) concerning the water efficiency
  or water use of gravity tank-type low consumption water closets for
  installation in public places, except that such a regulation shall be
  effective only until January 1, 1997.';
  (4) in subsection (d)(1)--
  (A) in subparagraph (A)--
  (i) by inserting `or river basin commission' after `Any State'; and
  (ii) by striking out `or energy efficiency' and inserting in lieu thereof
  `, energy efficiency, or water use';
  (B) in subparagraph (B)--
  (i) by striking out `State has' and inserting `State or river basin
  commission has'; and
  (ii) by inserting `or water' after `energy';
  (C) in subparagraph (C)--
  (i) in the material preceding clause (i) and in clause (ii), by inserting
  `or water' after `energy' each place it appears; and
  (ii) by inserting before the period at the end the following: `,
  and, with respect to a State regulation for which a petition has been
  submitted to the Secretary which provides for any energy conservation
  standard or requirement with respect to water use of a covered product,
  within the context of the water supply and groundwater management plan,
  water quality program, and comprehensive plan (if any) of the State or
  river basin commission for improving, developing, or conserving a waterway
  affected by water supply development'; and
  (5) in subsection (d)(5)(B), by striking clause (i) and inserting the
  following:
  `(i) there exists within the State an energy emergency condition or,
  if the State regulation provides for an energy conservation standard or
  other requirement with respect to the water use of a covered product for
  which there is a Federal energy conservation standard under subsection
  (j) or (k) of section 325, a water emergency condition, which--
  `(I) imperils the health, safety, and welfare of its residents because
  of the inability of the State or utilities within the State to provide
  adequate quantities of gas or electric energy or, in the case of a water
  emergency condition, water or wastewater treatment, to its residents at
  less than prohibitive costs; and
  `(II) cannot be substantially alleviated by the importation of energy or,
  in the case of a water emergency condition, by the importation of water,
  or by the use of interconnection agreements; and'.
  (i) INCENTIVE PROGRAMS- Section 337 of such Act (42 U.S.C. 6307) is amended--
  (1) by striking out `337.' and inserting `337. (a) IN GENERAL- '; and
  (2) by adding at the end the following:
  `(b) STATE AND LOCAL INCENTIVE PROGRAMS- (1) The Secretary shall, not later
  than one year after the date of the enactment of this subsection, issue
  recommendations to the States for establishing State and local incentive
  programs designed to encourage the acceleration of voluntary replacement,
  by consumers, of existing showerheads, faucets, water closets, and urinals
  with those products that meet the standards established for such products
  pursuant to subsections (j) and (k) of section 325.
  `(2) In developing such recommendations, the Secretary shall consult with
  the heads of other federal agencies, including the Administrator of the
  Environmental Protection Agency; State officials; manufacturers, suppliers,
  and installers of plumbing products; and other interested parties.'.
SEC. 124. HIGH-INTENSITY DISCHARGE LAMPS, DISTRIBUTION TRANSFORMERS, AND
SMALL ELECTRIC MOTORS.
  (a) STANDARDS- Section 346 of the Energy Policy and Conservation Act
  (42 U.S.C. 6317) is amended to read as follows:
`ENERGY CONSERVATION STANDARDS FOR HIGH-INTENSITY DISCHARGE LAMPS, DISTRIBUTION
TRANSFORMERS, AND SMALL ELECTRIC MOTORS
  `SEC. 346. (a)(1) The Secretary shall, within 30 months after the date of the
  enactment of the Energy Policy Act of 1992, prescribe testing requirements
  for those high-intensity discharge lamps and distribution transformers
  for which the Secretary makes a determination that energy conservation
  standards would be technologically feasible and economically justified,
  and would result in significant energy savings.
  `(2) The Secretary shall, within 18 months after the date on which testing
  requirements are prescribed by the Secretary pursuant to paragraph (1),
  prescribe, by rule, energy conservation standards for those high-intensity
  discharge lamps and distribution transformers for which the Secretary
  prescribed testing requirements under paragraph (1).
  `(3) Any standard prescribed under paragraph (2) with respect to
  high-intensity discharge lamps shall apply to such lamps manufactured 36
  months after the date such rule is published.
  `(b)(1) The Secretary shall, within 30 months after the date of the
  enactment of the Energy Policy Act of 1992, prescribe testing requirements
  for those small electric motors for which the Secretary makes a determination
  that energy conservation standards would be technologically feasible and
  economically justified, and would result in significant energy savings.
  `(2) The Secretary shall, within 18 months after the date on which testing
  requirements are prescribed by the Secretary pursuant to paragraph (1),
  prescribe, by rule, energy conservation standards for those small electric
  motors for which the Secretary prescribed testing requirements under
  paragraph (1).
  `(3) Any standard prescribed under paragraph (2) shall apply to small
  electric motors manufactured 60 months after the date such rule is
  published or, in the case of small electric motors which require listing
  or certification by a nationally recognized testing laboratory, 84 months
  after such date. Such standards shall not apply to any small electric
  motor which is a component of a covered product under section 322(a)
  or a covered equipment under section 340.
  `(c) In establishing any standard under this section, the Secretary shall
  take into consideration the criteria contained in section 325(n).
  `(d) The Secretary shall, within six months after the date on which energy
  conservation standards are prescribed by the Secretary for high-intensity
  discharge lamps and distribution transformers pursuant to subsection (a)(2)
  and small electric motors pursuant to subsection (b)(2), prescribe labeling
  requirements for such lamps, transformers, and small electric motors.
  `(e) Beginning on the date which occurs six months after the date on
  which a labeling rule is prescribed for a product under subsection (d),
  each manufacturer of a product to which such a rule applies shall provide
  a label which meets, and is displayed in accordance with, the requirements
  of such rule.
  `(f)(1) After the date on which a manufacturer must provide a label for
  a product pursuant to subsection (e)--
  `(A) each such product shall be considered, for purposes of paragraphs
  (1) and (2) of section 332(a), a new covered product to which a rule under
  section 324 applies; and
  `(B) it shall be unlawful for any manufacturer or private labeler to
  distribute in commerce any new product for which an energy conservation
  standard is prescribed under subsection (a)(2) or (b)(2) which is not in
  conformity with the applicable energy conservation standard.
  `(2) For purposes of section 333(a), paragraph (1) of this subsection
  shall be considered to be a part of section 332.'.
  (b) TECHNICAL AMENDMENT- The table of contents of such Act is amended by
  striking out the item for section 346 and inserting in lieu thereof the
  following new item:
`Sec. 346. Energy conservation standards for high-intensity discharge lamps,
distribution transformers, and small electric motors.'.
  (c) STUDY OF UTILITY DISTRIBUTION TRANSFORMERS- The Secretary shall evaluate
  the practicability, cost-effectiveness, and potential energy savings of
  replacing, or upgrading components of, existing utility distribution
  transformers during routine maintenance and, not later than 18 months
  after the date of the enactment of this Act, report the findings of such
  evaluation to the Congress with recommendations on how such energy savings,
  if any, could be achieved.
SEC. 125. ENERGY EFFICIENCY INFORMATION FOR COMMERCIAL OFFICE EQUIPMENT.
  (a) IN GENERAL- (1) The Secretary shall, after consulting with the Computer
  and Business Equipment Manufacturers Association and other interested
  organizations, provide financial and technical assistance to support a
  voluntary national testing and information program for those types of
  commercial office equipment that are widely used and for which there is
  a potential for significant energy savings as a result of such program.
  (2) Such program shall--
  (A) consistent with the objectives of paragraph (1), determine the commercial
  office equipment to be covered under such program;
  (B) include specifications for testing procedures that will enable purchasers
  of such commercial office equipment to make more informed decisions about
  the energy efficiency and costs of alternative products; and
  (C) include information, which may be disseminated through catalogs, trade
  publications, labels, or other mechanisms, that will allow consumers to
  assess the energy consumption and potential cost savings of alternative
  products.
  (3) Such program shall be developed by an appropriate organization (composed
  of interested parties) according to commonly accepted procedures for the
  development of national testing procedure and labeling programs.
  (b) MONITORING- The Secretary shall monitor and evaluate the efforts to
  develop the program described in subsection (a) and, not later than three
  years after the date of the enactment of this Act, shall make a determination
  as to whether such program is consistent with the objectives of subsection
  (a).
  (c) ALTERNATIVE SYSTEM- (1) If the Secretary makes a determination under
  subsection (b) that a voluntary national testing and information program for
  commercial office equipment consistent with the objectives of subsection
  (a) has not been developed, the Secretary shall, after consultation with
  the National Institute of Standards and Technology, develop, not later
  than two years after such determination, test procedures under section
  323 of the Energy Policy and Conservation Act (42 U.S.C. 6293) for such
  commercial office equipment.
  (2) Not later than one year after the Secretary develops test procedures
  under paragraph (1), the Federal Trade Commission (hereafter in this section
  referred to as the `Commission') shall prescribe labeling rules under
  section 324 of such Act (42 U.S.C. 6294) for commercial office equipment
  for which the Secretary has prescribed test procedures under paragraph
  (1) except that, with respect to any type of commercial office equipment
  (or class thereof), the Secretary may determine that such labeling is not
  technologically feasible or economically justified or is not likely to
  assist consumers in making purchasing decisions.
  (3) For purposes of sections 323, 324, and 327 of such Act, each product
  for which the Secretary has established test procedures or labeling rules
  pursuant to this subsection shall be considered a new covered product under
  section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry
  out this subsection.
  (4) For purposes of section 327(a) of such Act, the term `this part' includes
  this subsection to the extent necessary to carry out this subsection.
SEC. 126. ENERGY EFFICIENCY INFORMATION FOR LUMINAIRES.
  (a) IN GENERAL- (1) The Secretary shall, after consulting with the National
  Electric Manufacturers Association, the American Lighting Association, and
  other interested organizations, provide financial and technical assistance
  to support a voluntary national testing and information program for those
  types of luminaires that are widely used and for which there is a potential
  for significant energy savings as a result of such program.
  (2) Such program shall--
  (A) consistent with the objectives of paragraph (1), determine the luminaires
  to be covered under such program;
  (B) include specifications for testing procedures that will enable
  purchasers of such luminaires to make more informed decisions about the
  energy efficiency and costs of alternative products; and
  (C) include information, which may be disseminated through catalogs, trade
  publications, labels, or other mechanisms, that will allow consumers to
  assess the energy consumption and potential cost savings of alternative
  products.
  (3) Such program shall be developed by an appropriate organization (composed
  of interested parties) according to commonly accepted procedures for the
  development of national testing procedures and labeling programs.
  (b) MONITORING- The Secretary shall monitor and evaluate the efforts
  to develop the program described in subsection (a) and, not later than
  three years after the date of the enactment of this Act, shall make a
  determination as to whether the program developed is consistent with the
  objectives of subsection (a).
  (c) ALTERNATIVE SYSTEM- (1) If the Secretary makes a determination under
  subsection (b) that a voluntary national testing and information program
  for luminaires consistent with the objectives of subsection (a) has not
  been developed, the Secretary shall, after consultation with the National
  Institute of Standards and Technology, develop, not later than two years
  after such determination, test procedures under section 323 of the Energy
  Policy and Conservation Act (42 U.S.C. 6293) for such luminaires.
  (2) Not later than one year after the Secretary develops test procedures
  under paragraph (1), the Federal Trade Commission (hereafter in this
  section referred to as the `Commission') shall prescribe labeling rules
  under section 324 of such Act (42 U.S.C. 6294) for those luminaires for
  which the Secretary has prescribed test procedures under paragraph (1)
  except that, with respect to any type of luminaire (or class thereof),
  the Secretary may determine that such labeling is not technologically
  feasible or economically justified or is not likely to assist consumers
  in making purchasing decisions.
  (3) For purposes of sections 323, 324, and 327 of such Act, each product
  for which the Secretary has established test procedures or labeling rules
  pursuant to this subsection shall be considered a new covered product under
  section 322 of such Act (42 U.S.C. 6292) to the extent necessary to carry
  out this subsection.
  (4) For purposes of section 327(a) of such Act, the term `this part' includes
  this subsection to the extent necessary to carry out this subsection.
SEC. 127. REPORT ON THE POTENTIAL OF COOPERATIVE ADVANCED APPLIANCE
DEVELOPMENT.
  (a) IN GENERAL- Not later than 18 months after the date of the enactment of
  this Act, the Secretary shall, in consultation with the Administrator of the
  Environmental Protection Agency, utilities, and appliance manufacturers,
  prepare and submit to the Congress, a report on the potential for the
  development and commercialization of appliances which are substantially
  more efficient than required by Federal or State law.
  (b) IDENTIFICATION OF HIGH-EFFICIENCY APPLIANCES- The report submitted
  under subsection (a) shall identify candidate high-efficiency appliances
  which meet the following criteria:
  (1) The potential exists for substantial improvement in the appliance's
  energy efficiency, beyond the minimum established in Federal and State law.
  (2) There is the potential for significant energy savings at the national
  or regional level.
  (3) Such appliances are likely to be cost-effective for consumers.
  (4) Electric, water, or gas utilities are prepared to support and promote
  the commercialization of such appliances.
  (5) Manufacturers are unlikely to undertake development and commercialization
  of such appliances on their own, or development and production would be
  substantially accelerated by support to manufacturers.
  (c) RECOMMENDATIONS AND PROPOSALS- The report submitted under subsection
  (a) shall also--
  (1) describe the general actions the Secretary or the Administrator of
  the Environmental Protection Agency could take to coordinate and assist
  utilities and appliance manufacturers in developing and commercializing
  highly efficient appliances;
  (2) describe specific proposals for Department of Energy or Environmental
  Protection Agency assistance to utilities and appliance manufacturers to
  promote the development and commercialization of highly efficient appliances;
  (3) identify methods by which Federal purchase of highly efficient appliances
  could assist in the development and commercialization of such appliances; and
  (4) identify the funding levels needed to develop and implement a Federal
  program to assist in the development and commercialization of highly
  efficient appliances.
SEC. 128. EVALUATION OF UTILITY EARLY REPLACEMENT PROGRAMS FOR APPLIANCES.
  Within 18 months after the date of the enactment of this Act, the Secretary,
  in consultation with the Administrator of the Environmental Protection
  Agency, utilities, and appliance manufacturers, shall evaluate and
  report to the Congress on the energy savings and environmental benefits
  of programs which are directed to the early replacement of older, less
  efficient appliances presently in use by consumers with existing products
  which are more efficient than required by Federal law. For the purposes of
  this section, the term `appliance' means those consumer products specified
  in section 322(a).
Subtitle D--Industrial
SEC. 131. ENERGY EFFICIENCY IN INDUSTRIAL FACILITIES.
  (a) GRANT PROGRAM-
  (1) IN GENERAL- The Secretary shall make grants to industry associations
  to support programs to improve energy efficiency in industry.  In order
  to be eligible for a grant under this subsection, an industry association
  shall establish a voluntary energy efficiency improvement target program.
  (2) AWARDING OF GRANTS- The Secretary shall request project proposals and
  provide annual grants on a competitive basis. In evaluating grant proposals
  under this subsection, the Secretary shall consider--
  (A) potential energy savings;
  (B) potential environmental benefits;
  (C) the degree of cost sharing;
  (D) the degree to which new and innovative technologies will be encouraged;
  (E) the level of industry involvement;
  (F) estimated project cost-effectiveness; and
  (G) the degree to which progress toward the energy improvement targets
  can be monitored.
  (3) ELIGIBLE PROJECTS- Projects eligible for grants under this subsection
  may include the following:
  (A) Workshops.
  (B) Training seminars.
  (C) Handbooks.
  (D) Newsletters.
  (E) Data bases.
  (F) Other activities approved by the Secretary.
  (4) LIMITATION ON COST SHARING- Grants provided under this subsection
  shall not exceed $250,000 and each grant shall not exceed 75 percent of
  the total cost of the project for which the grant is made.
  (5) AUTHORIZATION- There are authorized to be appropriated such sums as
  are necessary to carry out this subsection.
  (b) AWARD PROGRAM- The Secretary shall establish an annual award program
  to recognize those industry associations or individual industrial companies
  that have significantly improved their energy efficiency.
  (c) REPORT ON INDUSTRIAL REPORTING AND VOLUNTARY TARGETS- Not later than
  one year after the date of the enactment of this Act, the Secretary shall,
  in consultation with affected industries, evaluate and report to the Congress
  regarding the establishment of Federally mandated energy efficiency reporting
  requirements and voluntary energy efficiency improvement targets for energy
  intensive industries. Such report shall include an evaluation of the costs
  and benefits of such reporting requirements and voluntary energy efficiency
  improvement targets, and recommendations regarding the role of such
  activities in improving energy efficiency in energy intensive industries.
SEC. 132. PROCESS-ORIENTED INDUSTRIAL ENERGY EFFICIENCY.
  (a) DEFINITIONS- For the purposes of this section--
  (1) the term `covered industry' means the food and food products industry,
  lumber and wood products industry, petroleum and coal products industry,
  and all other manufacturing industries specified in Standard Industrial
  Classification Codes 20 through 39 (or successor classification codes);
  (2) the term `process-oriented industrial assessment' means--
  (A) the identification of opportunities in the production process (from the
  introduction of materials to final packaging of the product for shipping)
  for--
  (i) improving energy efficiency;
  (ii) reducing environmental impact; and
  (iii) designing technological improvements to increase competitiveness
  and achieve cost-effective product quality enhancement;
  (B) the identification of opportunities for improving the energy efficiency
  of lighting, heating, ventilation, air conditioning, and the associated
  building envelope; and
  (C) the identification of cost-effective opportunities for using renewable
  energy technology in the production process and in the systems described
  in subparagraph (B); and
  (3) the term `utility' means any person, State agency (including any
  municipality), or Federal agency, which sells electric or gas energy to
  retail customers.
  (b) GRANT PROGRAM-
  (1) USE OF FUNDS- The Secretary shall, to the extent funds are made available
  for such purpose, make grants to States which, consistent with State law,
  shall be used for the following purposes:
  (A) To promote, through appropriate institutions such as universities,
  nonprofit organizations, State and local government entities, technical
  centers, utilities, and trade organizations, the use of energy-efficient
  technologies in covered industries.
  (B) To establish programs to train individuals (on an industry-by-industry
  basis) in conducting process-oriented industrial assessments and to
  encourage the use of such trained assessors.
  (C) To assist utilities in developing, testing, and evaluating energy
  efficiency programs and technologies for industrial customers in covered
  industries.
  (2) CONSULTATION- States receiving grants under this subsection shall consult
  with utilities and representatives of affected industries, as appropriate,
  in determining the most effective use of such funds consistent with the
  requirements of paragraph (1).
  (3) ELIGIBILITY CRITERIA- Not later than 1 year after the date of the
  enactment of this Act, the Secretary shall establish eligibility criteria
  for grants made pursuant to this subsection.  Such criteria shall require
  a State applying for a grant to demonstrate that such State--
  (A) pursuant to section 111(a) of the Public Utility and Regulatory Policies
  Act of 1978 (16 U.S.C. 2621(a)), has considered and made a determination
  regarding the implementation of the standards specified in paragraphs (7)
  and (8) of section 111(d) of such Act (with respect to integrated resources
  planning and investments in conservation and demand management); and
  (B) by legislation or regulation--
  (i) allows utilities to recover the costs prudently incurred in providing
  process-oriented industrial assessments; and
  (ii) encourages utilities to provide to covered industries--
  (I) process-oriented industrial assessments; and
  (II) financial incentives for implementing energy efficiency improvements.
  (4) ALLOCATION OF FUNDS- Grants made pursuant to this subsection shall
  be allocated each fiscal year among States meeting the criteria specified
  in paragraph (3) who have submitted applications 60 days before the first
  day of such fiscal year. Such allocation shall be made in accordance with
  a formula to be prescribed by the Secretary based on each State's share
  of value added in industry (as determined by the Census of Manufacturers)
  as a percentage of the value added by all such States.
  (5) RENEWAL OF GRANTS- A grant under this subsection may continue to be
  renewed after 2 consecutive fiscal years during which a State receives a
  grant under this subsection, subject to the availability of funds, if--
  (A) the Secretary determines that the funds made available to the State
  during the previous 2 years were used in a manner required under paragraph
  (1); and
  (B) such State demonstrates, in a manner prescribed by the Secretary,
  utility participation in programs established pursuant to this subsection.
  (6) COORDINATION WITH OTHER FEDERAL PROGRAMS- In carrying out the functions
  described in paragraph (1), States shall, to the extent practicable,
  coordinate such functions with activities and programs conducted by the
  Energy Analysis and Diagnostic Centers of the Department of Energy and the
  Manufacturing Technology Centers of the National Institute of Standards
  and Technology.
  (c) OTHER FEDERAL ASSISTANCE-
  (1) ASSESSMENT CRITERIA- Not later than 2 years after the date of
  the enactment of this Act, the Secretary shall, by contract with
  nonprofit organizations with expertise in process-oriented industrial
  energy efficiency technologies, establish and, as appropriate, update
  criteria for conducting process-oriented industrial assessments on an
  industry-by-industry basis. Such criteria shall be made available to State
  and local government, public utility commissions, utilities, representatives
  of affected process-oriented industries, and other interested parties.
  (2) DIRECTORY- The Secretary shall establish a nationwide directory
  of organizations offering industrial energy efficiency assessments,
  technologies, and services consistent with the purposes of this section.
  Such directory shall be made available to State governments, public utility
  commissions, utilities, industry representatives, and other interested
  parties.
  (3) AWARD PROGRAM- The Secretary shall establish an annual award program to
  recognize utilities operating outstanding or innovative industrial energy
  efficiency technology assistance programs.
  (4) MEETINGS- In order to further the purposes of this section, the Secretary
  shall convene annual meetings of parties interested in process-oriented
  industrial assessments, including representatives of State government, public
  utility commissions, utilities, and affected process-oriented industries.
  (d) REPORT- Not later than 2 years after the date of the enactment of this
  Act, and annually thereafter, the Secretary shall submit to the Congress
  a report which--
  (1) identifies barriers encountered in implementing this section;
  (2) makes recommendations for overcoming such barriers;
  (3) documents the results achieved by the programs established and grants
  awarded pursuant to this section;
  (4) reviews any difficulties encountered by industry in securing and
  implementing energy efficiency technologies recommended in process-oriented
  industrial assessments or otherwise identified as a result of programs
  established pursuant to this section; and
  (5) recommends methods for further promoting the distribution and
  implementation of energy efficiency technologies consistent with the
  purposes of this section.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  such sums as may be necessary to carry out the purposes of this section.
SEC. 133. INDUSTRIAL INSULATION AND AUDIT GUIDELINES.
  (a) VOLUNTARY GUIDELINES FOR ENERGY EFFICIENCY AUDITING AND INSULATING-
  Not later than 18 months after the date of the enactment of this Act,
  the Secretary, after consultation with utilities, major industrial energy
  consumers, and representatives of the insulation industry, shall establish
  voluntary guidelines for--
  (1) the conduct of energy efficiency audits of industrial facilities to
  identify cost-effective opportunities to increase energy efficiency; and
  (2) the installation of insulation to achieve cost-effective increases in
  energy efficiency in industrial facilities.
  (b) EDUCATIONAL AND TECHNICAL ASSISTANCE- The Secretary shall conduct a
  program of educational and technical assistance to promote the use of the
  voluntary guidelines established under subsection (a).
  (c) REPORT- Not later than 2 years after the date of the enactment of this
  Act, and biennially thereafter, the Secretary shall report to the Congress
  on activities conducted pursuant to this section, including--
  (1) a review of the status of industrial energy auditing procedures; and
  (2) an evaluation of the effectiveness of the guidelines established
  under subsection (a) and the responsiveness of the industrial sector to
  such guidelines.
Subtitle E--State and Local Assistance
SEC. 141. AMENDMENTS TO STATE ENERGY CONSERVATION PROGRAM.
  (a) STATE BUILDINGS ENERGY INCENTIVE FUND-
  (1) IN GENERAL- Section 363 of the Energy Policy and Conservation Act (42
  U.S.C. 6323) is amended by adding at the end the following new subsection:
  `(f) If the Secretary determines that a State has demonstrated a commitment
  to improving the energy efficiency of buildings within such State, the
  Secretary may, beginning in fiscal year 1994, provide up to $1,000,000
  to such State for deposit into a revolving fund established by such State
  for the purpose of financing energy efficiency improvements in State and
  local government buildings. In making such determination the Secretary
  shall consider whether--
  `(1) such State, or a majority of the units of local government with
  jurisdiction over building energy codes within such State, has adopted codes
  for energy efficiency in new buildings that are at least as stringent as
  American Society of Heating, Refrigerating, and Air-Conditioning Engineers
  Standard 90.1-1989 (with respect to commercial buildings) and Council
  of American Building Officials Model Energy Code, 1992 (with respect to
  residential buildings);
  `(2) such State has established a program, including a revolving fund,
  to finance energy efficiency improvement projects in State and local
  government facilities and buildings; and
  `(3) such State has obtained funding from non-Federal sources, including
  but not limited to, oil overcharge funds, State or local government
  appropriations, or utility contributions (including rebates) equal to or
  greater than three times the amount provided by the Secretary under this
  subsection for deposit into such revolving fund.'.
  (2) AUTHORIZATION OF APPROPRIATIONS- Section 365(f) of such Act (42
  U.S.C. 6325(f)) is amended--
  (A) by striking `(f) For the purpose' and inserting the following:  `(f)(1)
  Except as provided in paragraph (2), for the purpose'; and
  (B) by inserting at the end the following:
  `(2) For the purposes of carrying out section 363(f), there is authorized
  to be appropriated for fiscal year 1994 and each fiscal year thereafter
  such sums as may be necessary, to remain available until expended.'.
  (b) TRAINING OF BUILDING DESIGNERS AND CONTRACTORS; BUILDING RETROFIT
  STANDARDS; FEASIBILITY; RURAL RENEWABLE ENERGY- Subsection 362(d) of the
  Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is amended--
  (1) in paragraph (12) by striking `and';
  (2) by redesignating paragraph (13) as paragraph (17); and
  (3) by inserting after paragraph (12) the following new paragraphs:
  `(13) programs (enlisting appropriate trade and professional organizations
  in the development and financing of such programs) to provide training and
  education (including, if appropriate, training workshops, practice manuals,
  and testing for each area of energy efficiency technology) to building
  designers and contractors involved in building design and construction or
  in the sale, installation, and maintenance of energy systems and equipment
  to promote building energy efficiency improvements;
  `(14) programs for the development of building retrofit standards and
  regulations, including retrofit ordinances enforced at the time of the
  sale of a building;
  `(15) support for prefeasibility and feasibility studies for projects that
  utilize renewable energy and energy efficiency resource technologies in
  order to facilitate access to capital and credit for such projects;
  `(16) programs to facilitate and encourage the voluntary use of renewable
  energy technologies for eligible participants in Federal agency programs,
  including the Rural Electrification Administration and the Farmers Home
  Administration; and'
  (c) STATE ENERGY CONSERVATION PLAN REQUIREMENT-
  (1) IN GENERAL- Section 362(c)(5) of the Energy Policy and Conservation
  Act (42 U.S.C. 6322(c)(5)) is amended by striking `; and' and by inserting
  the following: `and to turn such vehicle left from a one-way street onto
  a one-way street at a red light after stopping; and'.
  (2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect
  January 1, 1995.
  (d) STUDY REGARDING IMPACT OF PERMITTING RIGHT AND LEFT TURNS ON RED LIGHTS-
  (1) IN GENERAL- The Administrator of the National Highway Traffic Safety
  Administration, in consultation with State agencies with jurisdiction
  over traffic safety issues, shall conduct a study on the safety impact of
  the requirement specified in section 362(c)(5) of the Energy Policy and
  Conservation Act (42 U.S.C. 6322(c)(5)), particularly with respect to the
  impact on pedestrian safety.
  (2) REPORT- The Administrator shall report the findings of the study
  conducted under paragraph (1) to the Congress and the Secretary not later
  than 2 years after the date of the enactment of this Act.
SEC. 142. AMENDMENTS TO LOW-INCOME WEATHERIZATION PROGRAM.
  (a) PRIVATE SECTOR INVESTMENTS IN LOW-INCOME WEATHERIZATION- Part A of
  title IV of the Energy Conservation and Production Act (42 U.S.C. 6861 et
  seq.) is amended by inserting after section 414 the following new sections:
`SEC. 414A. PRIVATE SECTOR INVESTMENTS.
  `(a) IN GENERAL- The Secretary shall, to the extent funds are made
  available for such purpose, provide financial assistance to entities
  receiving funding from the Federal Government or from a State through a
  weatherization assistance program under section 413 or section 414 for
  the development and initial implementation of partnerships, agreements,
  or other arrangements with utilities, private sector interests, or other
  institutions, under which non-Federal financial assistance would be made
  available to support programs which install energy efficiency improvements
  in low-income housing.
  `(b) USE OF FUNDS- Financial assistance provided under this section may
  be used for--
  `(1) the negotiation of such partnerships, agreements and other arrangements;
  `(2) the presentation of arguments before State or local agencies;
  `(3) expert advice on the development of such partnerships, agreements,
  and other arrangements; or
  `(4) other activities reasonably associated with the development and
  initial implementation of such arrangements.
  `(c) CONDITIONS- (1) Financial assistance provided under this section to
  entities other than States shall, to the extent practicable, coincide with
  the timing of financial assistance provided to such entities under section
  413 or section 414.
  `(2) Not less than 80 percent of amounts provided under this section shall
  be provided to entities other than States.
  `(3) A recipient of financial assistance under this section shall have up
  to three years to complete projects undertaken with such assistance.
`SEC. 414B. TECHNICAL TRANSFER GRANTS.
  `(a) IN GENERAL- The Secretary may, to the extent funds are made available,
  provide financial assistance to entities receiving funding from the Federal
  Government or from a State through a weatherization assistance program
  under section 413 or section 414 for--
  `(1) evaluating technical and management measures which increase program
  and/or private entity performance in weatherizing low-income housing;
  `(2) producing technical information for use by persons involved in
  weatherizing low-income housing;
  `(3) exchanging information; and
  `(4) conducting training programs for persons involved in weatherizing
  low-income housing.
  `(b) CONDITIONS- (1) Not less than 50 percent of amounts provided under
  this section shall be awarded to entities other than States.
  `(2) A recipient of financial assistance under this section may contract
  with nonprofit entities to carry out all or part of the activities for
  which such financial assistance is provided.'.
  (b) USE OF SOLAR THERMAL WATER HEATERS AND WOOD-BURNING HEATING APPLIANCES
  FOR LOW-INCOME WEATHERIZATION- Section 412(9) of the Energy Conservation
  and Production Act (42 U.S.C. 6862(9)) is amended--
  (1) by moving subparagraph (G) 2-ems to the right and by striking `and';
  (2) by redesignating subparagraph (H) as subparagraph (J); and
  (3) by inserting after subparagraph (G), the following:
  `(H) solar thermal water heaters;
  `(I) wood-heating appliances; and'.
  (c) CLERICAL AMENDMENT- The table of contents for part A of title IV of
  the Energy Conservation and Production Act is amended by inserting after
  the item related to section 414 the following items:
`Sec. 414A. Private sector investments.
`Sec. 414B. Technical transfer grants.'.
SEC. 143. ENERGY EXTENSION SERVICE PROGRAM.
  (a) REPEAL- The National Energy Extension Service Act, title V of Public
  Law 95-39, is repealed.
  (b) CONFORMING AMENDMENT- Section 103 of the Energy Reorganization Act of
  1974 (42 U.S.C. 5813(7)) is amended--
  (1) by striking paragraph (7); and
  (2) by redesignating paragraphs (8), (9), (10), (11), and (12) as paragraphs
  (7), (8), (9), (10), and (11), respectively.
Subtitle F--Federal Agency Energy Management
SEC. 151. DEFINITIONS.
  For purposes of this subtitle--
  (1) the term `agency' means has the meaning given such term in section
  551(1) of title 5, United States Code, except that such term does not
  include the United States Postal Service;
  (2) the term `facility energy supervisor' means the employee with
  responsibility for the daily operations of a Federal facility, including
  the management, installation, operation, and maintenance of energy systems
  in Federal facilities which may include more than one building;
  (3) the term `trained energy manager' means a person who has demonstrated
  proficiency, or who has completed a course of study in the areas
  of fundamentals of building energy systems, building energy codes
  and applicable professional standards, energy accounting and analysis,
  life-cycle cost methodology, fuel supply and pricing, and instrumentation
  for energy surveys and audits;
  (4) the term `Task Force' means the Interagency Energy Management Task
  Force established under section 547 of the National Energy Conservation
  Policy Act (42 U.S.C. 8257); and
  (5) the term `energy conservation measures' has the meaning given such
  term in section 551(4) of the National Energy Conservation Policy Act.
SEC. 152. FEDERAL ENERGY MANAGEMENT AMENDMENTS.
  (a) PURPOSE- Section 542 of the National Energy Conservation Policy Act (42
  U.S.C. 8252) is amended by inserting after `use of energy' the following:
  `and water, and the use of renewable energy sources,'.
  (b) REQUIREMENTS FOR FEDERAL AGENCIES- Section 543 of such Act (42
  U.S.C. 8253(a)) is amended--
  (1) in the section heading by striking `GOALS' and inserting `REQUIREMENTS';
  (2) in subsection (a) by striking `GOAL' and inserting `REQUIREMENT';
  (3) in subsection (a)(1), by striking the period at the end and inserting
  the following: `and so that the energy consumption per gross square foot
  of its Federal buildings in use during the fiscal year 2000 is at least
  20 percent less than the energy consumption per gross square foot of its
  Federal buildings in use during fiscal year 1985.'; and
  (4) by redesignating subsection (b) as subsection (d) and inserting after
  subsection (a) the following:
  `(b) ENERGY MANAGEMENT REQUIREMENT FOR FEDERAL AGENCIES- (1) Not later than
  January 1, 2005, each agency shall, to the maximum extent practicable,
  install in Federal buildings owned by the United States all energy and
  water conservation measures with payback periods of less than 10 years,
  as determined by using the methods and procedures developed pursuant to
  section 544.
  `(2) The Secretary may waive the requirements of this subsection for any
  agency for such periods as the Secretary may determine if the Secretary finds
  that the agency is taking all practicable steps to meet the requirements
  and that the requirements of this subsection will pose an unacceptable
  burden upon the agency. If the Secretary waives the requirements of this
  subsection, the Secretary shall notify the Congress promptly in writing
  with an explanation and a justification of the reasons for such waiver.
  `(3) This subsection shall not apply to an agency's facilities that generate
  or transmit electric energy or to the uranium enrichment facilities operated
  by the Department of Energy.
  `(4) An agency may participate in the Environmental Protection Agency's
  `Green Lights' program for purposes of receiving technical assistance in
  complying with the requirements of this section.
  `(c) EXCLUSIONS- (1) An agency may exclude, from the energy consumption
  requirements for the year 2000 established under subsection (a) and the
  requirements of subsection (b)(1), any Federal building or collection
  of Federal buildings, and the associated energy consumption and gross
  square footage, if the head of such agency finds that compliance with such
  requirements would be impractical. A finding of impracticability shall be
  based on the energy intensiveness of activities carried out in such Federal
  buildings or collection of Federal buildings, the type and amount of energy
  consumed, the technical feasibility of making the desired changes, and,
  in the cases of the Departments of Defense and Energy, the unique character
  of certain facilities operated by such Departments.
  `(2) Each agency shall identify and list, in each report made
  under section 548(a), the Federal buildings designated by it for such
  exclusion. The Secretary shall review such findings for consistency with the
  impracticability standards set forth in paragraph (1), and may within 90 days
  after receipt of the findings, reverse a finding of impracticability. In
  the case of any such reversal, the agency shall comply with the energy
  consumption requirements for the building concerned.'.
  (c) IMPLEMENTATION- Section 543(d) of such Act (as redesignated by subsection
  (b)(4) of this section) is amended--
  (1) in the material preceding paragraph (1), by striking out `To achieve
  the goal established in subsection (a),' and inserting in lieu thereof the
  following: `The Secretary shall consult with the Secretary of Defense and
  the Administrator of General Services in developing guidelines for the
  implementation of this part. To meet the requirements of this section,';
  (2) by striking out paragraph (1) and inserting in lieu thereof the
  following:
  `(1) prepare and submit to the Secretary, not later than December 31,
  1993, a plan describing how the agency intends to meet such requirements,
  including how it will--
  `(A) designate personnel primarily responsible for achieving such
  requirements;
  `(B) identify high priority projects through calculation of payback periods;
  `(C) take maximum advantage of contracts authorized under title VIII of
  this Act, of financial incentives and other services provided by utilities
  for efficiency investment, and of other forms of financing to reduce the
  direct costs to the Government; and
  `(D) otherwise implement this part;';
  (3) in paragraph (2), by inserting before the semicolon at the end the
  following: `and update such surveys as needed, incorporating any relevant
  information obtained from the survey conducted pursuant to section 550';
  (4) by striking out paragraph (3) and inserting in lieu thereof the
  following:
  `(3) using such surveys, determine the cost and payback period of energy
  and water conservation measures likely to achieve the requirements of
  this section;
  `(4) install energy and water conservation measures that will achieve the
  requirements of this section through the methods and procedures established
  pursuant to section 544; and'; and
  (5) by redesignating paragraph (4) as paragraph (5).
  (d) LIFE CYCLE COST METHODS AND PROCEDURES- Section 544 of such Act (42
  U.S.C. 8254) is amended--
  (1) in subsection (a), in the material preceding paragraph (1), by striking
  out `National Bureau of Standards,' and inserting in lieu thereof `National
  Institute of Standards and Technology,'; and
  (2) in subsection (b)(2), by striking `agency shall' and all that follows
  through the period at the end and inserting the following: `agency shall,
  after January 1, 1994, fully consider the efficiency of all potential
  building space at the time of renewing or entering into a new lease.'.
  (e) IDENTIFICATION OF FUNDS- Section 545 of such Act (42 U.S.C. 8255)
  is amended to read as follows:
`SEC. 545. BUDGET TREATMENT FOR ENERGY CONSERVATION MEASURES.
  `The President shall transmit to the Congress, along with each budget that
  is submitted to the Congress under section 1105 of title 31, United States
  Code, a statement of the amount of appropriations requested in such budget,
  if any, on an individual agency basis, for--
  `(1) electric and other energy costs to be incurred in operating and
  maintaining agency facilities; and
  `(2) compliance with the provisions of this part, the Energy Policy and
  Conservation Act (42 U.S.C. 6201 et seq.), and all applicable Executive
  orders, including Executive Order 12003 (42 U.S.C. 6201 note) and Executive
  Order 12759 (56 Fed. Reg. 16257).'.
  (f) INCENTIVE PROGRAM- Section 546 of such Act (42 U.S.C. 8256) is amended--
  (1) by striking `(a) IN GENERAL- ' and inserting in lieu thereof `(a)
  CONTRACTS- (1)';
  (2) by redesignating subsection (b) as paragraph (2) and amending it to
  read as follows:
  `(2) The Secretary shall, not later than 18 months after the date of the
  enactment of the Energy Policy Act of 1992 and after consultation with the
  Director of the Office of Management and Budget, the Secretary of Defense,
  and the Administrator of General Services, develop appropriate procedures
  and methods for use by agencies to implement the incentives referred to
  in paragraph (1).';
  (3) by striking out subsection (c); and
  (4) by adding at the end the following new subsections:
  `(b) FEDERAL ENERGY EFFICIENCY FUND- (1) The Secretary shall establish
  a Federal Energy Efficiency Fund to provide grants to agencies to assist
  them in meeting the requirements of section 543.
  `(2) Not later than June 30, 1993, the Secretary shall issue guidelines to
  be followed by agencies submitting proposals for such grants. All agencies
  shall be eligible to submit proposals for grants under the Fund.
  `(3) The Secretary shall award grants from the Fund after a competitive
  assessment of the technical and economic effectiveness of each agency
  proposal. The Secretary shall consider the following factors in determining
  whether to provide funding under this subsection:
  `(A) The cost-effectiveness of the project.
  `(B) The amount of energy and cost savings anticipated to the Federal
  Government.
  `(C) The amount of funding committed to the project by the agency requesting
  financial assistance.
  `(D) The extent that a proposal leverages financing from other non-Federal
  sources.
  `(E) Any other factor which the Secretary determines will result in the
  greatest amount of energy and cost savings to the Federal Government.
  `(4) There are authorized to be appropriated, to remain available to
  be expended, to carry out this subsection not more than $10,000,000 for
  fiscal year 1994, $50,000,000 for fiscal year 1995, and such sums as may
  be necessary for fiscal years thereafter.
  `(c) UTILITY INCENTIVE PROGRAMS- (1) Agencies are authorized and encouraged
  to participate in programs to increase energy efficiency and for water
  conservation or the management of electricity demand conducted by gas, water,
  or electric utilities and generally available to customers of such utilities.
  `(2) Each agency may accept any financial incentive, goods, or services
  generally available from any such utility, to increase energy efficiency
  or to conserve water or manage electricity demand.
  `(3) Each agency is encouraged to enter into negotiations with electric,
  water, and gas utilities to design cost-effective demand management and
  conservation incentive programs to address the unique needs of facilities
  utilized by such agency.
  `(4) If an agency satisfies the criteria which generally apply to other
  customers of a utility incentive program, such agency may not be denied
  collection of rebates or other incentives.
  `(5)(A) An amount equal to fifty percent of the energy and water cost savings
  realized by an agency (other than the Department of Defense) with respect
  to funds appropriated for any fiscal year beginning after fiscal year 1992
  (including financial benefits resulting from energy savings performance
  contracts under title VIII and utility energy efficiency rebates) shall,
  subject to appropriation, remain available for expenditure by such agency
  for additional energy efficiency measures which may include related
  employee incentive programs, particularly at those facilities at which
  energy savings were achieved.
  (B) Agencies shall establish a fund and maintain strict financial
  accounting and controls for savings realized and expenditures made under
  this subsection. Records maintained pursuant to this subparagraph shall
  be made available for public inspection upon request.
  `(d) FINANCIAL INCENTIVE PROGRAM FOR FACILITY ENERGY MANAGERS- (1)
  The Secretary shall, in consultation with the Task Force established
  pursuant to section 547, establish a financial bonus program to reward,
  with funds made available for such purpose, outstanding Federal facility
  energy managers in agencies and the United States Postal Service.
  `(2) Not later than June 1, 1993, the Secretary shall issue procedures for
  implementing and conducting the award program, including the criteria to
  be used in selecting outstanding energy managers and contributors who have--
  `(A) improved energy performance through increased energy efficiency;
  `(B) implemented proven energy efficiency and energy conservation techniques,
  devices, equipment, or procedures;
  `(C) developed and implemented training programs for facility energy
  managers, operators, and maintenance personnel;
  `(D) developed and implemented employee awareness programs;
  `(E) succeeded in generating utility incentives, shared energy savings
  contracts, and other federally approved performance based energy savings
  contracts;
  `(F) made successful efforts to fulfill compliance with energy reduction
  mandates, including the provisions of section 543; and
  `(G) succeeded in the implementation of the guidelines established under
  section 159.
  `(3) There is authorized to be appropriated to carry out this subsection
  not more than $250,000 for each of the fiscal years 1993, 1994, and 1995.
  (g) REPORTS- Section 548 of such Act (42 U.S.C. 8258) is amended--
  (1) in subsection (b)(1), by striking `including' and all that follows
  through the semicolon and inserting the following: `including--
  `(A) a copy of the list of the exclusions made under sections 543(a)(2)
  and  543(c)(3); and
  `(B) a statement detailing the amount of funds awarded to each agency under
  section 546(b), the energy and water conservation measures installed with
  such funds, the projected energy and water savings to be realized from
  installed measures, and, for each installed measure for which the projected
  energy and water savings reported in the previous year were not realized,
  the percentage of such projected savings that was not realized, the reasons
  such savings were not realized, and proposals for, and projected costs of,
  achieving such projected savings in the future;'; and
  (2) by adding at the end the following new subsection:
  `(c) OTHER REPORT- The Secretary, in consultation with the Administrator
  of General Services, shall--
  `(1) conduct a study and evaluate legal, institutional, and other constraints
  to connecting buildings owned or leased by the Federal Government to
  district heating and district cooling systems; and
  `(2) not later than 18 months after the date of the enactment of this
  subsection, transmit to the Congress a report containing the findings and
  conclusions of such study, including recommendations for the development of
  streamlined processes for the consideration of connecting buildings owned or
  leased by the Federal Government to district heating and cooling systems.'.
  (h) DEMONSTRATION OF NEW TECHNOLOGY; SURVEY OF ENERGY SAVING POTENTIAL-
  Such Act is amended--
  (1) by redesignating section 549 as section 551; and
  (2) by inserting the following new sections after section 548:
`SEC. 549. DEMONSTRATION OF NEW TECHNOLOGY.
  `(a) DEMONSTRATION PROGRAM- Not later than January 1, 1994, the Secretary,
  in cooperation with the Administrator of General Services, shall establish a
  demonstration program to install, in federally owned facilities or federally
  assisted housing, energy conservation measures for which the Secretary has
  determined that such installation would accelerate commercial viability. In
  those cases where technologies are determined to be equivalent, priority
  shall be given to those technologies that have received or are receiving
  Federal financial assistance.
  `(b) SELECTION CRITERIA- In addition to the determination under subsection
  (a), the Secretary shall select, in cooperation with the Administrator of
  General Services, proposals to be funded under this section on the basis of--
  `(1) cost-effectiveness;
  `(2) technical feasibility and system reliability in a working environment;
  `(3) lack of market penetration in the Federal sector;
  `(4) the potential needs of the proposing Federal agency for the technology,
  projected over 5 to 10 years;
  `(5) the potential Federal sector market, projected over 5 to 10 years;
  `(6) energy efficiency; and
  `(7) other environmental benefits, including the projected reduction of
  greenhouse gas emissions and indoor air pollution.
  `(c) PROPOSALS- Federal agencies may submit to the Secretary, for each
  fiscal year, proposals for projects to be funded by the Secretary under
  this section. Each such proposal shall include--
  `(1) a description of the proposed project emphasizing the innovative use
  of technology in the Federal sector;
  `(2) a description of the technical reliability and cost-effectiveness
  data expected to be acquired;
  `(3) an identification of the potential needs of the Federal agency for
  the technology;
  `(4) a commitment to adopt the technology, if the project establishes
  its technical reliability and life cycle cost-effectiveness, to supply at
  least 10 percent of the Federal agency's potential needs identified under
  paragraph (3);
  `(5) schedules and milestones for installing additional units; and
  `(6) a technology transfer plan to publicize the results of the project.
  `(d) PARTICIPATION BY GSA- The Secretary may only select a project for
  funding under this section which is proposed to be carried out in a building
  under the jurisdiction of the General Services Administration if the
  project will be carried out by the Administrator of General Services. If
  such project involves a total expenditure in excess of $1,600,000, no
  appropriation shall be made for such project unless such project has
  been approved by a resolution adopted by the Committee on Public Works
  and Transportation of the House of Representatives and the Committee on
  Environment and Public Works of the Senate.
  `(e) STUDY- The Secretary shall conduct a study to evaluate the potential
  use of the purchasing power of the Federal Government to promote the
  development and commercialization of energy efficient products. The
  study shall identify products for which there is a high potential for
  Federal purchasing power to substantially promote their development and
  commercialization, and shall include a plan to develop such potential. The
  study shall be conducted in consultation with utilities, manufacturers, and
  appropriate nonprofit organizations concerned with energy efficiency. The
  Secretary shall report to the Congress on the results of the study not
  later than two years after the date of the enactment of this Act.
  `(f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section $5,000,000 for each of the
  fiscal years 1993, 1994, and 1995.
`SEC. 550. SURVEY OF ENERGY SAVING POTENTIAL.
  `(a) IN GENERAL- The Secretary shall, in consultation with the Interagency
  Energy Management Task Force established under section 547, carry out an
  energy survey for the purposes of--
  `(1) determining the maximum potential cost effective energy savings that
  may be achieved in a representative sample of buildings owned or leased
  by the Federal Government in different areas of the country;
  `(2) making recommendations for cost effective energy efficiency and
  renewable energy improvements in those buildings and in other similar
  Federal buildings; and
  `(3) identifying barriers which may prevent an agency's ability to comply
  with section 543 and other energy management goals.
  `(b) IMPLEMENTATION- (1) The Secretary shall transmit to the Committee on
  Energy and Natural Resources and the Committee on Governmental Affairs of the
  Senate and the Committee on Energy and Commerce, the Committee on Government
  Operations, and the Committee on Public Works and Transportation of the
  House of Representatives, within 180 days after the date of the enactment
  of the Energy Policy Act of 1992, a plan for implementing this section.
  `(2) The Secretary shall designate buildings to be surveyed in the project
  so as to obtain a sample of the buildings of the types and in the climates
  that is representative of buildings owned or leased by Federal agencies in
  the United States that consume the major portion of the energy consumed
  in Federal buildings. Such sample shall include, where appropriate, the
  following types of Federal facility space:
  `(A) Housing.
  `(B) Storage.
  `(C) Office.
  `(D) Services.
  `(E) Schools.
  `(F) Research and Development.
  `(G) Industrial.
  `(H) Prisons.
  `(I) Hospitals.
  `(3) For purposes of this section, an improvement shall be considered cost
  effective if the cost of the energy saved or displaced by the improvement
  exceeds the cost of the improvement over the remaining life of a Federal
  building or the remaining term of a lease of a building leased by the
  Federal Government as determined by the life cycle costing methodology
  developed under section 544.
  `(c) PERSONNEL- (1) In carrying out this section, the Secretary shall
  utilize personnel who are--
  `(A) employees of the Department of Energy; or
  `(B) selected by the agencies utilizing the buildings which are being
  surveyed under this section.
  `(2) Such personnel shall be detailed for the purpose of carrying out this
  section without any reduction of salary or benefits.
  `(d) REPORT- As soon as practicable after the completion of the project
  carried out under this section, the Secretary shall transmit a report of
  the findings and conclusions of the project to the Committee on Energy
  and Natural Resources and the Committee on Governmental Affairs of the
  Senate, the Committee on Energy and Commerce, the Committee on Government
  Operations, and the Committee on Public Works and Transportation of the House
  of Representatives, and the agencies who own the buildings involved in such
  project. Such report shall include an analysis of the probability of each
  agency achieving the 20 percent reduction goal established under section
  543(a) of the National Energy Conservation Policy Act (42 U.S.C. 8253(a)).'.
  (i) TECHNICAL AMENDMENTS- (1) Section 548 of such Act (42 U.S.C. 8258)
  is amended--
  (A) in subsection (a)(2), by striking `546(b)' and inserting in lieu thereof
  `546(a)(2)'; and
  (B) in subsection (b), in the material preceding paragraph (1), by striking
  `annually,' and insert the following: `, not later than April 2 of each
  year,'.
  (2) The table of contents of such Act is amended by striking the item for
  section 549 and inserting in lieu thereof the following new items:
`Sec. 549. Demonstration of new technology.
`Sec. 550. Survey of energy saving potential.
`Sec. 551. Definitions.'.
  (3) Section 3 of the Federal Energy Management Improvement Act of 1988
  (42 U.S.C. 8253 note) is hereby repealed.
SEC. 153. GENERAL SERVICES ADMINISTRATION FEDERAL BUILDINGS FUND.
  Section 210(f) of the Federal Property and Administrative Services Act of
  1949 (40 U.S.C. 490(f)), is amended--
  (1) in paragraph (1), by inserting `(to be known as the Federal Buildings
  Fund)' after `a fund'; and
  (2) by adding at the end the following new paragraphs:
  `(7)(A) The Administrator is authorized to receive amounts from rebates
  or other cash incentives related to energy savings and shall deposit such
  amounts in the Federal Buildings Fund for use as provided in subparagraph
  (D).
  `(B) The Administrator may accept, from a utility, goods or services which
  enhance the energy efficiency of Federal facilities.
  `(C) In the administration of any real property for which the Administrator
  leases and pays utility costs, the Administrator may assign all or a
  portion of energy rebates to the lessor to underwrite the costs incurred
  in undertaking energy efficiency improvements in such real property if
  the payback period for such improvement is at least 2 years less than the
  remainder of the term of the lease.
  `(D) The Administrator may, in addition to amounts appropriated for such
  purposes and without regard to paragraph (2), obligate for energy management
  improvement programs--
  `(i) amounts received and deposited in the Federal Buildings Fund under
  subparagraph (A);
  `(ii) goods and services received under subparagraph (B); and
  `(iii) amounts the Administrator determines are not needed for other
  authorized projects and are otherwise available to implement energy
  efficiency programs.
  `(8)(A) The Administrator is authorized to receive amounts from the sale of
  recycled materials and shall deposit such amounts in the Federal Buildings
  Fund for use as provided in subparagraph (B).
  `(B) The Administrator may, in addition to amounts appropriated for such
  purposes and without regard to paragraph (2), obligate amounts received
  and deposited in the Federal Buildings Fund under subparagraph (A) for
  programs which--
  `(i) promote further source reduction and recycling programs; and
  `(ii) encourage employees to participate in recycling programs by providing
  funding for child care.'.
SEC. 154. REPORT BY GENERAL SERVICES ADMINISTRATION.
  Not later than one year after the date of the enactment of this Act, and
  annually thereafter, the Administrator of General Services shall report
  to the Committee on Governmental Affairs and the Committee on Energy and
  Natural Resources of the Senate and the Committee on Energy and Commerce,
  the Committee on Government Operations, and the Committee on Public Works
  and Transportation of the House of Representatives on the activities of
  the General Services Administration conducted pursuant to this subtitle.
SEC. 155. ENERGY SAVINGS PERFORMANCE CONTRACTS.
  (a) IN GENERAL- Section 801 of the National Energy Conservation Policy Act
  (42 U.S.C. 8287) is amended--
  (1) by striking `The head' and inserting the following:
  `(a) IN GENERAL- (1) The head'; and
  (2) by inserting at the end the following:
  `(2)(A) Contracts under this title shall be energy savings performance
  contracts and shall require an annual energy audit and specify the terms
  and conditions of any Government payments and performance guarantees. Any
  such performance guarantee shall provide that the contractor is responsible
  for maintenance and repair services for any energy related equipment,
  including computer software systems.
  `(B) Aggregate annual payments by an agency to both utilities and energy
  savings performance contractors, under an energy savings performance
  contract, may not exceed the amount that the agency would have paid for
  utilities without an energy savings performance contract (as estimated
  through the procedures developed pursuant to this section) during contract
  years. The contract shall provide for a guarantee of savings to the agency,
  and shall establish payment schedules reflecting such guarantee, taking
  into account any capital costs under the contract.
  `(C) Federal agencies may incur obligations pursuant to such contracts to
  finance energy conservation measures provided guaranteed savings exceed
  the debt service requirements.
  `(D) A Federal agency may enter into a multiyear contract under this
  title for a period not to exceed 25 years, without funding of cancellation
  charges before cancellation, if--
  `(i) such contract was awarded in a competitive manner pursuant to subsection
  (b)(2), using procedures and methods established under this title;
  `(ii) funds are available and adequate for payment of the costs of such
  contract for the first fiscal year;
  `(iii) 30 days before the award of any such contract that contains a clause
  setting forth a cancellation ceiling in excess of $750,000, the head of
  such agency gives written notification of such proposed contract and of
  the proposed cancellation ceiling for such contract to the appropriate
  authorizing and appropriating committees of the Congress; and
  `(iv) such contract is governed by part 17.1 of the Federal Acquisition
  Regulation promulgated under section 25 of the Office of Federal Procurement
  Policy Act (41 U.S.C. 421) or the applicable rules promulgated under
  this title.
  `(b) IMPLEMENTATION- (1)(A) The Secretary, with the concurrence of the
  Federal Acquisition Regulatory Council established under section 25(a) of
  the Office of Federal Procurement Policy Act, not later than 180 days after
  the date of the enactment of the Energy Policy Act of 1992, shall, by rule,
  establish appropriate procedures and methods for use by Federal agencies to
  select, monitor, and terminate contracts with energy service contractors
  in accordance with laws governing Federal procurement that will achieve
  the intent of this section in a cost-effective manner. In developing such
  procedures and methods, the Secretary, with the concurrence of the Federal
  Acquisition Regulatory Council, shall determine which existing regulations
  are inconsistent with the intent of this section and shall formulate
  substitute regulations consistent with laws governing Federal procurement.
  `(B) The procedures and methods established pursuant to subparagraph
  (A) shall be the procedures and contracting methods for selection, by an
  agency, of a contractor to provide energy savings performance services. Such
  procedures and methods shall provide for the calculation of energy savings
  based on sound engineering and financial practices.
  `(2) The procedures and methods established pursuant to paragraph (1)(A)
  shall--
  `(A) allow the Secretary to--
  `(i) request statements of qualifications, which shall, at a minimum,
  include prior experience and capabilities of contractors to perform the
  proposed types of energy savings services and financial and performance
  information, from firms engaged in providing energy savings services; and
  `(ii) from the statements received, designate and prepare a list, with
  an update at least annually, of those firms that are qualified to provide
  energy savings services;
  `(B) require each agency to use the list prepared by the Secretary pursuant
  to subparagraph (A)(ii) unless the agency elects to develop an agency
  list of firms qualified to provide energy savings performance services
  using the same selection procedures and methods as are required of the
  Secretary in preparing such lists; and
  `(C) allow the head of each agency to--
  `(i) select firms from the list prepared pursuant to subparagraph (A)(ii)
  or the list prepared by the agency pursuant to subparagraph (B) to conduct
  discussions concerning a particular proposed energy savings project,
  including requesting a technical and price proposal from such selected
  firms for such project;
  `(ii) select from such firms the most qualified firm to provide energy
  savings services based on technical and price proposals and any other
  relevant information;
  `(iii) permit receipt of unsolicited proposals for energy savings performance
  contracting services from a firm that such agency has determined is qualified
  to provide such services under the procedures established pursuant to
  paragraph (1)(A), and require agency facility managers to place a notice in
  the Commerce Business Daily announcing they have received such a proposal
  and invite other similarly qualified firms to submit competing proposals; and
  `(iv) enter into an energy savings performance contract with a firm qualified
  under clause (iii), consistent with the procedures and methods established
  pursuant to paragraph (1)(A).
  `(3) A firm not designated as qualified to provide energy savings services
  under paragraph (2)(A)(i) or paragraph (2)(B) may request a review of such
  decision to be conducted in accordance with procedures to be developed by the
  board of contract appeals of the General Services Administration. Procedures
  developed by the board of contract appeals under this paragraph shall be
  substantially equivalent to procedures established under section 111(f)
  of the Federal Property and Administrative Services Act of 1949 (40
  U.S.C. 759(f)).
  `(c) SUNSET AND REPORTING REQUIREMENTS- (1) The authority to enter into
  new contracts under this section shall cease to be effective five years
  after the date procedures and methods are established under subsection (b).
  `(2) Beginning one year after the date procedures and methods are established
  under subsection (b), and annually thereafter, for a period of five years
  after such date, the Comptroller General of the United States shall report
  on the implementation of this section. Such reports shall include, but
  not be limited to, an assessment of the following issues:
  `(A) The quality of the energy audits conducted for the agencies.
  `(B) The Government's ability to maximize energy savings.
  `(C) The total energy cost savings accrued by the agencies that have
  entered into such contracts.
  `(D) The total costs associated with entering into and performing such
  contracts.
  `(E) A comparison of the total costs incurred by agencies under such
  contracts and the total costs incurred under similar contracts performed
  in the private sector.
  `(F) The number of firms selected as qualified firms under this section
  and their respective shares of awarded contracts.
  `(G) The number of firms engaged in similar activity in the private sector
  and their respective market shares.
  `(H) The number of applicant firms not selected as qualified firms under
  this section and the reason for their nonselection.
  `(I) The frequency with which agencies have utilized the services of
  Government labs to perform any of the functions specified in this section.
  `(J) With the respect to the final report submitted pursuant to this
  paragraph, an assessment of whether the contracting procedures developed
  pursuant to this section and utilized by agencies have been effective and
  whether continued use of such procedures, as opposed to the procedures
  provided by existing public contract law, is necessary for implementation
  of successful energy savings performance contracts.'.
  (b) DEFINITION- Section 804 of such Act (42 U.S.C. 8287c) is amended--
  (1) in the material preceding paragraph (1), by striking `title--' and
  inserting `title, the following definitions apply:';
  (2) in paragraph (1), by striking `the' and inserting `The' and by striking
  `, and' and inserting a period;
  (3) in paragraph (2), by striking `the term' and inserting `The term'; and
  (4) by adding at the end the following:
  `(3) The terms `energy savings contract' and `energy savings performance
  contract' mean a contract which provides for the performance of services
  for the design, acquisition, installation, testing, operation, and, where
  appropriate, maintenance and repair, of an identified energy conservation
  measure or series of measures at one or more locations. Such contracts--
  `(A) may provide for appropriate software licensing agreements; and
  `(B) shall, with respect to an agency facility that is a public building as
  such term is defined in section 13(1) of the Public Buildings Act of 1959
  (40 U.S.C. 612(1)), be in compliance with the prospectus requirements and
  procedures of section 7 of the Public Buildings Act of 1959 (40 U.S.C. 606).
  `(4) The term `energy conservation measures' has the meaning given such
  term in section 551(4).'.
  (c) TECHNICAL AND CONFORMING AMENDMENTS- (1) The title heading for title
  VIII of such Act is amended to read as follows:
`TITLE VIII--ENERGY SAVINGS PERFORMANCE CONTRACTS'.
  (2) The table of contents of such Act is amended by striking the item
  relating to title VIII and inserting the following: `ENERGY SAVINGS
  PERFORMANCE CONTRACTS'.
SEC. 156. INTERGOVERNMENTAL ENERGY MANAGEMENT PLANNING AND COORDINATION.
  (a) CONFERENCE WORKSHOPS- The Administrator of General Services, in
  consultation with the Secretary and the Task Force, shall hold regular,
  biennial conference workshops in each of the 10 standard Federal regions
  on energy management, conservation, efficiency, and planning strategy. The
  Administrator shall work and consult with the Department of Energy and
  other Federal agencies to plan for particular regional conferences. The
  Administrator shall invite Department of Energy, State, local, tribal, and
  county public officials who have responsibilities for energy management
  or may have an interest in such conferences and shall seek the input of,
  and be responsive to, the views of such officials in the planning and
  organization of such workshops.
  (b) FOCUS OF WORKSHOPS- Such workshops and conferences shall focus on the
  following (but may include other topics):
  (1) Developing strategies among Federal, State, tribal, and local
  governments to coordinate energy management policies and to maximize
  available intergovernmental energy management resources within the region
  regarding the use of governmental facilities and buildings.
  (2) The design, construction, maintenance, and retrofitting of governmental
  facilities to incorporate energy efficient techniques.
  (3) Procurement and use of energy efficient products.
  (4) Dissemination of energy information on innovative programs, technologies,
  and methods which have proven successful in government.
  (5) Technical assistance to design and incorporate effective energy
  management strategies.
  (c) ESTABLISHMENT OF WORKSHOP TIMETABLE- As a part of the first report to
  be submitted pursuant to section 154, the Administrator shall set forth
  the schedule for the regional energy management workshops to be conducted
  under this section. Not less than five such workshops shall be held by
  September 30, 1993, and at least one such workshop shall be held in each
  of the 10 Federal regions every two years beginning on September 30, 1993.
SEC. 157. FEDERAL AGENCY ENERGY MANAGEMENT TRAINING.
  (a) ENERGY MANAGEMENT TRAINING- (1) Each executive department described
  under section 101 of title 5, United States Code, the Environmental
  Protection Agency, the National Aeronautics and Space Administration, the
  General Services Administration, and the United States Postal Service shall
  establish and maintain a program to ensure that facility energy managers
  are trained energy managers. Such programs shall be managed--
  (A) by the department or agency representative on the Task Force; or
  (B) if a department or agency is not represented on the Task Force, by
  the designee of the head of such department or agency.
  (2) Departments and agencies described in paragraph (1) shall encourage
  appropriate employees to participate in energy manager training
  courses. Employees may enroll in courses of study in the areas described
  in section 151(3) including, but not limited to, courses offered by--
  (A) private or public educational institutions;
  (B) Federal agencies; or
  (C) professional associations.
  (b) REPORT TO TASK FORCE- (1) Each department and agency described in
  subsection (a)(1) shall, not later than 60 days following the date of the
  enactment of this Act, report to the Task Force the following information:
  (A) Those individuals employed by such department or agency on the date
  of the enactment of this Act who qualify as trained energy managers.
  (B) The General Schedule (GS) or grade level at which each of the individuals
  described in subparagraph (A) is employed.
  (C) The facility or facilities for which such individuals are responsible
  or otherwise stationed.
  (2) The Secretary shall provide a summary of the reports described in
  paragraph (1) to the Congress as part of the first report submitted under
  section 548 of the National Energy Conservation Policy Act (42 U.S.C. 8258)
  after the date of the enactment of this Act.
  (c) REQUIREMENTS AT FEDERAL FACILITIES- (1) Not later than one year
  after the date of the enactment of this Act, the departments and agencies
  described under subsection (a)(1) shall upgrade their energy management
  capabilities by--
  (A) designating facility energy supervisors;
  (B) encouraging facility energy supervisors to become trained energy
  managers; and
  (C) increasing the overall number of trained energy managers within such
  department or agency to a sufficient level to ensure effective implementation
  of this Act.
  (2) Departments and agencies described in subsection (a)(1) may hire trained
  energy managers to be facility energy supervisors. Trained energy managers,
  including those who are facility supervisors as well as other trained
  personnel, shall focus their efforts on improving energy efficiency in
  the following facilities--
  (A) department or agency facilities identified as most costly to operate
  or most energy inefficient; or
  (B) other facilities identified by the department or agency head as having
  significant energy savings potential.
  (d) ANNUAL REPORT TO SECRETARY AND CONGRESS- Each department and agency
  listed in subsection (a)(1) shall report to the Secretary on the status
  and implementation of the requirements of this section. The Secretary shall
  include a summary of each such report in the annual report to Congress as
  required under section 548(b) of the National Energy Conservation Policy
  Act (42 U.S.C. 8258).
SEC. 158. ENERGY AUDIT TEAMS.
  (a) ESTABLISHMENT- The Secretary shall assemble from existing personnel
  with appropriate expertise, and with particular utilization of the national
  laboratories, and make available to all Federal agencies, one or more
  energy audit teams which shall be equipped with instruments and other
  advanced equipment needed to perform energy audits of Federal facilities.
  (b) MONITORING PROGRAMS- The Secretary shall also assist in establishing, at
  each site that has utilized an energy audit team, a program for monitoring
  the implementation of energy efficiency improvements based upon energy
  audit team recommendations, and for recording the operating history of
  such improvements.
SEC. 159. FEDERAL ENERGY COST ACCOUNTING AND MANAGEMENT.
  (a) GUIDELINES- Not later than 120 days after the date of the enactment
  of this Act, the Director of the Office of Management and Budget, in
  cooperation with the Secretary, the Administrator of General Services,
  and the Secretary of Defense, shall establish guidelines to be employed by
  each Federal agency to assess accurate energy consumption for all buildings
  or facilities which the agency owns, operates, manages or leases, where
  the Government pays utilities separate from the lease and the Government
  operates the leased space. Such guidelines are to be used in reports
  required under section 548 of the National Energy Conservation Policy Act
  (42 U.S.C. 8258). Each agency shall implement such guidelines no later
  than 120 days after their establishment. Each facility energy manager
  shall maintain energy consumption and energy cost records for review by
  the Inspector General, the Congress, and the general public.
  (b) CONTENTS OF GUIDELINES- Such guidelines shall include the establishment
  of a monitoring system to determine--
  (1) which facilities are the most costly to operate when measured on an
  energy consumption per square foot basis or other relevant analytical basis;
  (2) unusual or abnormal changes in energy consumption; and
  (3) the accuracy of utility charges for electric and gas consumption.
  (c) FEDERALLY LEASED SPACE ENERGY REPORTING REQUIREMENT- The Administrator
  of General Services shall include, in each report submitted under section
  154, the estimated energy cost of leased buildings or space in which the
  Federal Government does not directly pay the utility bills.
SEC. 160. INSPECTOR GENERAL REVIEW AND AGENCY ACCOUNTABILITY.
  (a) AUDIT SURVEY- Not later than 120 days after the date of the enactment of
  this Act, each Inspector General created to conduct and supervise audits and
  investigations relating to the programs and operations of the establishments
  listed in section 11(2) of the Inspector General Act of 1978 (5 U.S.C. App.),
  and the Chief Postal Inspector of the United States Postal Service,
  in accordance with section 8E(f)(1) as established by section 8E(a)(2)
  of the Inspector General Act Amendments of 1988 (Public Law 100-504) shall--
  (1) identify agency compliance activities to meet the requirements of
  section 543 of the National Energy Conservation Policy Act (42 U.S.C. 8253)
  and any other matters relevant to implementing the goals of such Act; and
  (2) determine if the agency has the internal accounting mechanisms necessary
  to assess the accuracy and reliability of energy consumption and energy
  cost figures required under such section.
  (b) PRESIDENTS COUNCIL ON INTEGRITY AND EFFICIENCY REPORT TO CONGRESS-
  Not later than 150 days after the date of the enactment of this Act, the
  President's Council on Integrity and Efficiency shall submit a report
  to the Committee on Energy and Natural Resources and the Committee on
  Governmental Affairs of the Senate, the Committee on Energy and Commerce,
  the Committee on Government Operations, and the Committee on Public Works
  and Transportation of the House of Representatives, on the review conducted
  by the Inspector General of each agency under this section.
  (c) INSPECTOR GENERAL REVIEW- Each Inspector General established under
  section 2 of the Inspector General Act of 1978 (5 U.S.C. App.) is encouraged
  to conduct periodic reviews of agency compliance with part 3 of title V
  of the National Energy Conservation Policy Act, the provisions of this
  subtitle, and other laws relating to energy consumption. Such reviews
  shall not be inconsistent with the performance of the required duties of
  the Inspector General's office.
SEC. 161. PROCUREMENT AND IDENTIFICATION OF ENERGY EFFICIENT PRODUCTS.
  (a) PROCUREMENT- The Administrator of General Services, the Secretary
  of Defense, and the Director of the Defense Logistics Agency, each shall
  undertake a program to include energy efficient products in carrying out
  their procurement and supply functions.
  (b) IDENTIFICATION PROGRAM- The Administrator of General Services, the
  Secretary of Defense, and the Director of the Defense Logistics Agency,
  in consultation with the Secretary of Energy, each shall implement, in
  conjunction with carrying out their procurement and supply functions,
  a program to identify and designate those energy efficient products that
  offer significant potential savings, using, to the extent practicable, the
  life cycle cost methods and procedures developed under section 544 of the
  National Energy Conservation Policy Act (42 U.S.C. 8254). The Secretary of
  Energy shall, to the extent necessary to carry out this section and after
  consultation with the aforementioned agency heads, provide estimates of
  the degree of relative energy efficiency of products.
  (c) GUIDELINES- The Administrator for Federal Procurement Policy, in
  consultation with the Administrator of General Services, the Secretary of
  Energy, the Secretary of Defense, and the Director of the Defense Logistics
  Agency, shall issue guidelines to encourage the acquisition and use by
  all Federal agencies of products identified pursuant to this section. The
  Secretary of Defense and the Director of the Defense Logistics Agency
  shall consider, and place emphasis on, the acquisition of such products
  as part of the Agency's ongoing review of military specifications.
  (d) REPORT TO CONGRESS- Not later than December 31 of 1993 and of each year
  thereafter, the Secretary of Energy, in consultation with the Administrator
  for Federal Procurement Policy, the Administrator of General Services, the
  Secretary of Defense, and the Director of the Defense Logistics Agency,
  shall report on the progress, status, activities, and results of the
  programs under subsections (a), (b), and (c). The report shall include--
  (1) the types and functions of each product identified under subsection
  (b), and efforts undertaken by the Administrator of General Services, the
  Secretary of Defense, and the Director of the Defense Logistics Agency to
  encourage the acquisition and use of such products;
  (2) the actions taken by the Administrator of General Services, the Secretary
  of Defense, and the Director of the Defense Logistics Agency to identify
  products under subsection (b), the barriers which inhibit implementation
  of identification of such products, and recommendations for legislative
  action, if necessary;
  (3) progress on the development and issuance of guidelines under subsection
  (c);
  (4) an indication of whether energy cost savings technologies identified
  by the Advanced Building Technology Council, under section 809(h) of
  the National Housing Act (12 U.S.C. 1701j-2), have been used in the
  identification of products under subsection (b);
  (5) an estimate of the potential cost savings to the Federal Government from
  acquiring products identified under subsection (b) with respect to which
  energy is a significant component of life cycle cost, based on the quantities
  of such products that could be utilized throughout the Government; and
  (6) the actual quantities acquired of products described in paragraph (5).
SEC. 162. FEDERAL ENERGY EFFICIENCY FUNDING STUDY.
  (a) STUDY- The Secretary shall, in consultation with the Secretary
  of the Treasury, the Director of the Office of Management and Budget,
  the Administrator of General Services, and such other individuals and
  organizations as the Secretary deems appropriate, conduct a detailed study of
  options for the financing of energy and water conservation measures required
  under part 3 of title V of the National Energy Conservation Policy Act
  (42 U.S.C. 8251 et seq.) and all applicable Executive orders. Such study
  shall, taking into account the unique characteristics of Federal agencies,
  consider and analyze--
  (1) the Federal financial investment necessary to comply with such
  requirements;
  (2) the use of revolving funds and other funding mechanisms which offer
  stable, long-term financing of energy and water conservation measures; and
  (3) the means for capitalizing such funds.
  (b) REPORT TO CONGRESS- Not later than 180 days after the date of the
  enactment of this Act, the Secretary shall submit to the Congress a report
  containing the results of the study required under subsection (a).
SEC. 163. UNITED STATES POSTAL SERVICE ENERGY REGULATIONS.
  (a)  IN GENERAL- The Postmaster General shall issue regulations to ensure
  the reliable and accurate accounting of energy consumption costs for all
  buildings or facilities which it owns, leases, operates, or manages. Such
  regulations shall--
  (1) establish a monitoring system to determine which facilities are the
  most costly to operate on an energy consumption per square foot basis or
  other relevant analytical basis;
  (2) identify unusual or abnormal changes in energy consumption; and
  (3) check the accuracy of utility charges for electricity and gas
  consumption.
  (b) IDENTIFICATION OF ENERGY EFFICIENCY PRODUCTS- The Postmaster General
  shall actively undertake a program to identify and procure energy efficiency
  products for use in its facilities. In carrying out this subsection, the
  Postmaster General shall, to the maximum extent practicable, incorporate
  energy efficient information available on Federal Supply Schedules maintained
  by the General Services Administration and the Defense Logistics Agency.
SEC. 164. UNITED STATES POSTAL SERVICE BUILDING ENERGY SURVEY AND REPORT.
  (a) IN GENERAL- The Postmaster General shall conduct an energy survey, as
  defined in section 551(5) of the National Energy Conservation Policy Act,
  for the purposes of--
  (1) determining the maximum potential cost effective energy savings that
  may be achieved in a representative sample of buildings owned or leased
  by the United States Postal Service in different areas of the country;
  (2) making recommendations for cost effective energy efficiency and renewable
  energy improvements in those buildings and in other similar United States
  Postal Service buildings; and
  (3) identifying barriers which may prevent the United States Postal Service
  from complying with energy management goals, including Executive Orders
  No. 12003 and 12579.
  (b) IMPLEMENTATION- (1) The Postmaster General shall transmit to the
  Committee on Governmental Affairs and the Committee on Energy and Natural
  Resources of the Senate, and the Committee on Energy and Commerce and the
  Committee on Post Office and Civil Service of the House of Representatives,
  within 180 days after the date of the enactment of this Act, a plan for
  implementing this section.
  (2) The Postmaster General shall designate buildings to be surveyed in the
  project so as to obtain a sample of United States Postal Service facilities
  of the types and in the climates that consume the major portion of the
  energy consumed by the United States Postal Service.
  (3) For the purposes of this section, an improvement shall be considered cost
  effective if the cost of the energy saved or displaced by the improvement
  exceeds the cost of the improvement over the remaining life of the facility
  or the remaining term of a lease of a building leased by the United States
  Postal Service.
  (c) REPORT- As soon as practicable after the completion of the project
  carried out under this section, the Postmaster General shall transmit a
  report of the findings and conclusions of the survey to the Committee on
  Governmental Affairs and the Committee on Energy and Natural Resources of
  the Senate, and the Committee on Energy and Commerce and the Committee on
  Post Office and Civil Service of the House of Representatives.
SEC. 165. UNITED STATES POSTAL SERVICE ENERGY MANAGEMENT REPORT.
  Not later than one year after the date of the enactment of this Act, and not
  later than January 1 of each year thereafter, the Postmaster General shall
  submit a report to the Committee on Governmental Affairs and the Committee
  on Energy and Natural Resources of the Senate and the Committee on Energy
  and Commerce and the Committee on Post Office and Civil Service of the
  House of Representatives on the United States Postal Service's building
  management program as it relates to energy efficiency. The report shall
  include, but not be limited to--
  (1) a description of actions taken to reduce energy consumption;
  (2) future plans to reduce energy consumption;
  (3) an assessment of the success of the energy conservation program;
  (4) a statement of energy costs incurred in operating and maintaining all
  United States Postal Service facilities; and
  (5) the status of the energy efficient procurement program established
  under section 163.
SEC. 166. ENERGY MANAGEMENT REQUIREMENTS FOR THE UNITED STATES POSTAL SERVICE.
  (a) ENERGY MANAGEMENT REQUIREMENTS FOR POSTAL FACILITIES- (1) The Postmaster
  General shall, to the maximum extent practicable, ensure that each United
  States Postal Service facility meets the energy management requirements
  for Federal buildings and agencies specified in section 543 of the National
  Energy Conservation Policy Act (42 U.S.C. 8253).
  (2) The Postmaster General may exclude from the requirements of such
  section any facility or collection of facilities, and the associated energy
  consumption and gross square footage if the Postmaster General finds that
  compliance with the requirements of such section would be impracticable. A
  finding of impracticability shall be based on the energy intensiveness
  of activities carried out in such facility or collection of facilities,
  the type and amount of energy consumed, or the technical feasibility of
  making the desired changes. The Postmaster General shall identify and list
  in the report required under section 165 the facilities designated by it
  for such exclusion.
  (b) IMPLEMENTATION STEPS- In carrying subsection (a), the Postmaster
  General shall--
  (1) not later than 1 year after the date of the enactment of this Act,
  prepare or update, as appropriate, a plan (which may be submitted as part
  of the first report submitted under section 165)--
  (A) describing how this section will be implemented;
  (B) designating personnel primarily responsible for achieving the
  requirements of this section; and
  (C) identifying high priority projects;
  (2) perform energy surveys of United States Postal Service facilities as
  necessary to achieve the requirements of this section;
  (3) install those energy conservation measures that will attain the
  requirements of this section in a cost-effective manner as defined in section
  544 of the National Energy Conservation Policy Act (42 U.S.C. 8254); and
  (4) ensure that the operation and maintenance procedures applied under
  this section are continued.
SEC. 167. GOVERNMENT CONTRACT INCENTIVES.
  (a) ESTABLISHMENT OF CRITERIA- Each agency, in consultation with the
  Federal Acquisition Regulatory Council, shall establish criteria for the
  improvement of energy efficiency in Federal facilities operated by Federal
  Government contractors or subcontractors.
  (b) PURPOSE OF CRITERIA- The criteria established under subsection (a) shall
  be used to encourage Federal contractors, and their subcontractors, which
  manage and operate federally-owned facilities, to adopt and utilize energy
  conservation measures designed to reduce energy costs in Government-owned
  and contractor-operated facilities and which are ultimately borne by the
  Federal Government.
SEC. 168. ENERGY MANAGEMENT REQUIREMENTS FOR CONGRESSIONAL BUILDINGS.
  (a) IN GENERAL- The Architect of the Capitol (hereafter in this section
  referred to as the `Architect') shall undertake a program of analysis and,
  as necessary, retrofit of the Capitol Building, the Senate Office Buildings,
  the House Office Buildings, and the Capitol Grounds, in accordance with
  subsection (b).
  (b) PROGRAM-
  (1) LIGHTING-
  (A) IMPLEMENTATION-
  (i) IN GENERAL- Not later than 18 months after the date of the enactment
  of this Act and subject to the availability of funds to carry out this
  section, the Architect shall begin implementing a program to replace in each
  building described in subsection (a) all inefficient office and general
  use area fluorescent lighting systems with systems that incorporate the
  best available design and technology and that have payback periods of 10
  years or less, as determined by using methods and procedures established
  under section 544(a) of the National Energy and Conservation Policy Act
  (42 U.S.C. 8254(a)).
  (ii) REPLACEMENT OF INCANDESCENT LIGHTING- Whenever practicable in office
  and general use areas, the Architect shall replace incandescent lighting
  with efficient fluorescent lighting.
  (B) COMPLETION- Subject to the availability of funds to carry out this
  section, the program described in subparagraph (A) shall be completed not
  later than 5 years after the date of the enactment of this Act.
  (2) EVALUATION AND REPORT-
  (A) IN GENERAL- Not later than 6 months after the date of the enactment
  of this Act, the Architect shall submit to the Speaker of the House
  of Representatives and the President pro tempore of the Senate a report
  evaluating potential energy conservation measures for each building described
  in subsection (a) in the areas of heating, ventilation, air conditioning
  equipment, insulation, windows, domestic hot water, food service equipment,
  and automatic control equipment.
  (B) COSTS- The report submitted under subparagraph (A) shall detail the
  projected installation cost, energy and cost savings, and payback period
  of each energy conservation measure, as determined by using methods
  and procedures established under section 544(a) of the National Energy
  Conservation Policy Act (42 U.S.C. 8254(a)).
  (3) REVIEW AND APPROVAL OF ENERGY CONSERVATION MEASURES- The Committee
  on Public Works and Transportation of the House of Representatives and
  the Committee on Rules and Administration of the Senate shall review the
  energy conservation measures identified in accordance with paragraph (2)
  and shall approve any such measure before it may be implemented.
  (4) UTILITY INCENTIVE PROGRAMS- In carrying out this section, the Architect
  is authorized and encouraged to--
  (A) accept any rebate or other financial incentive offered through
  a program for energy conservation or demand management of electricity,
  water, or gas that--
  (i) is conducted by an electric, natural gas, or water utility;
  (ii) is generally available to customers of the utility; and
  (iii) provides for the adoption of energy efficiency technologies or
  practices that the Architect determines are cost-effective for the buildings
  described in subsection (a); and
  (B) enter into negotiations with electric and natural gas utilities to
  design a special demand management and conservation incentive program to
  address the unique needs of the buildings described in subsection (a).
  (5) USE OF SAVINGS- The Architect shall use an amount equal to the rebate or
  other savings from the financial incentive programs under paragraph (4)(A),
  without additional authorization or appropriation, for the implementation
  of additional energy and water conservation measures in the buildings
  under the jurisdiction of the Architect.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  such sums as are necessary to carry out this section.
Subtitle G--Miscellaneous
SEC. 171. ENERGY INFORMATION.
  (a) ENERGY INFORMATION ADMINISTRATION- Section 205(i)(1) of the Department
  of Energy Organization Act (42 U.S.C. 7135(i)(1)) is amended--
  (1) in the matter preceding subparagraph (A), by striking `on at least a
  triennial basis' and inserting in lieu thereof the following: `at least
  once every two years'; and
  (2) by amending subparagraph (D) to read as follows:
  `(D) use of nonpurchased sources of energy, such as solar, wind, biomass,
  geothermal, waste by-products, and cogeneration.'.
  (b) RENEWABLE ENERGY INFORMATION- Section 205 of the Department of Energy
  Organization Act (42 U.S.C. 7135) is amended by adding at the end the
  following new subsections:
  `(j)(1) The Administrator shall annually collect and publish the results of
  a survey of electricity production from domestic renewable energy resources,
  including production in kilowatt hours, total installed capacity, capacity
  factor, and any other measure of production efficiency.  Such results
  shall distinguish between various renewable energy resources.
  `(2) In carrying out this subsection, the Administrator shall--
  `(A) utilize, to the maximum extent practicable and consistent with
  the faithful execution of his responsibilities under this Act, reliable
  statistical sampling techniques; and
  `(B) otherwise take into account the reporting burdens of energy information
  by small businesses.
  `(3) As used in this subsection, the term `renewable energy resources'
  includes energy derived from solar thermal, geothermal, biomass, wind,
  and photovoltaic resources.
  `(k) Pursuant to section 52(a) of the Federal Energy Administration Act
  of 1974 (15 U.S.C. 790a(a)), the Administrator shall--
  `(1) conduct surveys of residential and commercial energy use at least
  once every 3 years, and make such information available to the public;
  `(2) when surveying electric utilities, collect information on demand-side
  management programs conducted by such utilities, including information
  regarding the types of demand-side management programs being operated,
  the quantity of measures installed, expenditures on demand-side management
  programs, estimates of energy savings resulting from such programs, and
  whether the savings estimates were verified; and
  `(3) in carrying out this subsection, take into account reporting burdens
  and the protection of proprietary information as required by law.
  `(l) In order to improve the ability to evaluate the effectiveness of the
  Nation's energy efficiency policies and programs, the Administrator shall,
  in carrying out the data  collection provisions of subsections (i) and
  (k), consider--
  `(1) expanding the survey instruments to include questions regarding
  participation in Government and utility conservation programs;
  `(2) expanding fuel-use surveys in order to provide greater detail on
  energy use by user subgroups; and
  `(3) expanding the scope of data collection on energy efficiency and
  load-management programs, including the effects of building construction
  practices such as those designed to obtain peak load shifting.'.
SEC. 172. DISTRICT HEATING AND COOLING PROGRAMS.
  (a) IN GENERAL- The Secretary, in consultation with appropriate industry
  organizations, shall conduct a study to--
  (1) assess existing district heating and cooling technologies to
  determine cost-effectiveness, technical performance, energy efficiency,
  and environmental impacts as compared to alternative methods for heating
  and cooling buildings;
  (2) estimate the economic value of benefits that may result from
  implementation of district heating and cooling systems but that are not
  currently recognized, such as reduced emissions of air pollutants, local
  economic development, and energy security;
  (3) evaluate the cost-effectiveness, including the economic  value referred
  to in paragraph (2), of cogenerated district heating and cooling technologies
  compared to other alternatives for generating or conserving electricity; and
  (4) assess and make recommendations for reducing institutional and other
  constraints on the implementation of district heating and cooling systems.
  (b) REPORT- Not later than 2 years after the date of the enactment of this
  Act, the Secretary shall transmit to the Congress a report containing the
  findings, conclusions and recommendations, if any, of the Secretary for
  carrying out Federal, State, and local programs as a result of the study
  conducted under subsection (a).
SEC. 173. STUDY AND REPORT ON VIBRATION REDUCTION TECHNOLOGIES.
  (a) IN GENERAL- The Secretary shall, in consultation with the appropriate
  industry representatives, conduct a study to assess the cost-effectiveness,
  technical performance, energy efficiency, and environmental impacts
  of active noise and vibration cancellation technologies that use fast
  adapting algorithms.
  (b) PROCEDURE- In carrying out such study, the Secretary shall--
  (1) estimate the potential for conserving energy and the economic and
  environmental benefits that may result from implementing active noise and
  vibration abatement technologies in demand side management; and
  (2) evaluate the cost-effectiveness of active noise and vibration
  cancellation technologies as compared to other alternatives for reducing
  noise and vibration.
  (c) REPORT- The Secretary shall transmit to the Congress, not later than
  12 months after the date of the enactment of this Act, a report  containing
  the findings and conclusions of the study carried out under this section.
  (d) DEMONSTRATION- The Secretary may, based on the findings and conclusions
  of the study carried out under this section,  conduct at least one project
  designed to demonstrate the commercial application of active noise and
  vibration cancellation technologies using fast adapting algorithms in
  products or equipment with a significant potential for increased energy
  efficiency.
TITLE II--NATURAL GAS
SEC. 201. FEWER RESTRICTIONS ON CERTAIN NATURAL GAS IMPORTS AND EXPORTS.
  Section 3 of the Natural Gas Act (15 U.S.C. 717b) is amended by inserting
  `(a)' before `After six months'; and by adding at the end the following
  new subsections:
  `(b) With respect to natural gas which is imported into the United States
  from a nation with which there is in effect a free trade agreement requiring
  national treatment for trade in natural gas, and with respect to liquefied
  natural gas--
  `(1) the importation of such natural gas shall be treated as a `first
  sale' within the meaning of section 2(21) of the Natural Gas Policy Act
  of 1978; and
  `(2) the Commission shall not, on the basis of national origin, treat any
  such imported natural gas on an unjust, unreasonable, unduly discriminatory,
  or preferential basis.
  `(c) For purposes of subsection (a), the importation of the natural gas
  referred to in subsection (b), or the exportation of natural gas to a nation
  with which there is in effect a free trade agreement requiring national
  treatment for trade in natural gas, shall be deemed to be consistent with
  the public interest, and applications for such importation or exportation
  shall be granted without modification or delay.'.
SEC. 202. SENSE OF CONGRESS.
  It is the sense of the Congress that natural gas consumers and producers,
  and the national economy, are best served by a competitive natural gas
  wellhead market.
TITLE III--ALTERNATIVE FUELS--GENERAL
SEC. 301. DEFINITIONS.
  For purposes of this title, title IV, and title V (unless otherwise
  specified)--
  (1) the term `Administrator' means the Administrator of the Environmental
  Protection Agency;
  (2) the term `alternative fuel' means methanol, denatured ethanol, and
  other alcohols; mixtures containing 85 percent or more (or such other
  percentage, but not less than 70 percent, as determined by the Secretary,
  by rule, to provide for requirements relating to cold start, safety, or
  vehicle functions) by volume of methanol, denatured ethanol, and other
  alcohols with gasoline or other fuels; natural gas; liquefied petroleum
  gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol)
  derived from biological materials; electricity (including electricity
  from solar energy); and any other fuel the Secretary determines, by rule,
  is substantially not petroleum and would yield substantial energy security
  benefits and substantial environmental benefits;
  (3) the term `alternative fueled vehicle' means a dedicated vehicle or a
  dual fueled vehicle;
  (4) the term `comparable conventionally fueled motor vehicle' means a
  motor vehicle which is, as determined by the Secretary--
  (A) commercially available at the time the comparability of the vehicle
  is being assessed;
  (B) powered by an internal combustion engine that utilizes gasoline or
  diesel fuel as its fuel source; and
  (C) provides passenger capacity or payload capacity the same or similar
  to the alternative fueled vehicle to which it is being compared;
  (5) `covered person' means a person that owns, operates, leases, or
  otherwise controls--
  (A) a fleet that contains at least 20 motor vehicles that are centrally
  fueled or capable of being centrally fueled, and are used primarily within
  a metropolitan statistical area or a consolidated metropolitan statistical
  area, as established by the Bureau of the Census, with a 1980 population
  of 250,000 or more; and
  (B) at least 50 motor vehicles within the United States;
  (6) the term `dedicated vehicle' means--
  (A) a dedicated automobile, as such term is defined in section 513(h)(1)(C)
  of the Motor Vehicle Information and Cost Savings Act; or
  (B) a motor vehicle, other than an automobile, that operates solely on
  alternative fuel;
  (7) the term `domestic' means derived from resources within the several
  States, the District of Columbia, the Commonwealth of Puerto Rico, the
  United States Virgin Islands, Guam, American Samoa, the Commonwealth of
  the Northern Mariana Islands, or any other Commonwealth, territory, or
  possession of the United States, including the outer Continental Shelf,
  as such term is defined in the Outer Continental Shelf Lands Act, or
  from resources within a Nation with which there is in effect a free trade
  agreement requiring national treatment for trade;
  (8) the term `dual fueled vehicle' means--
  (A) dual fueled automobile, as such term is defined in section 513(h)(1)(D)
  of the Motor Vehicle Information and Cost Savings Act; or
  (B) a motor vehicle, other than an automobile, that is capable of operating
  on alternative fuel and is capable of operating on gasoline or diesel fuel;
  (9) the term `fleet' means a group of 20 or more light duty motor
  vehicles, used primarily in a metropolitan statistical area or consolidated
  metropolitan statistical area, as established by the Bureau of the Census,
  with a 1980 population of more than 250,000, that are centrally fueled
  or capable of being centrally fueled and are owned, operated, leased, or
  otherwise controlled by a governmental entity or other person who owns,
  operates, leases, or otherwise controls 50 or more such vehicles, by any
  person who controls such person, by any person controlled by such person,
  and by any person under common control with such person, except that such
  term does not include--
  (A) motor vehicles held for lease or rental to the general public;
  (B) motor vehicles held for sale by motor vehicle dealers, including
  demonstration motor vehicles;
  (C) motor vehicles used for motor vehicle manufacturer product evaluations
  or tests;
  (D) law enforcement motor vehicles;
  (E) emergency motor vehicles;
  (F) motor vehicles acquired and used for military purposes that the
  Secretary of Defense has certified to the Secretary must be exempt for
  national security reasons;
  (G) nonroad vehicles, including farm and construction motor vehicles; or
  (H) motor vehicles which under normal operations are garaged at personal
  residences at night;
  (10) the term `fuel supplier' means--
  (A) any person engaged in the importing, refining, or processing of crude
  oil to produce motor fuel;
  (B) any person engaged in the importation, production, storage,
  transportation, distribution, or sale of motor fuel; and
  (C) any person engaged in generating, transmitting, importing, or selling
  at wholesale or retail electricity;
  (11) the term `light duty motor vehicle' means a light duty truck or light
  duty vehicle, as such terms are defined under section 216(7) of the Clean
  Air Act (42 U.S.C. 7550(7)), of less than or equal to 8,500 pounds gross
  vehicle weight rating;
  (12) the term `motor fuel' means any substance suitable as a fuel for a
  motor vehicle;
  (13) the term `motor vehicle' has the meaning given such term under section
  216(2) of the Clean Air Act (42 U.S.C. 7550(2)); and
  (14) the term `replacement fuel' means the portion of any motor fuel that is
  methanol, ethanol, or other alcohols, natural gas, liquefied petroleum gas,
  hydrogen, coal derived liquid fuels, fuels (other than alcohol) derived
  from biological materials, electricity (including electricity from solar
  energy), ethers, or any other fuel the Secretary determines, by rule, is
  substantially not petroleum and would yield substantial energy security
  benefits and substantial environmental benefits.
SEC. 302. AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT.
  (a) AMENDMENTS- Section 400AA of the Energy Policy and Conservation Act
  (42 U.S.C. 6374) is amended--
  (1) in subsection (a)(1)--
  (A) by striking `passenger automobiles and light duty trucks' and inserting
  in lieu thereof `vehicles'; and
  (B) by striking `alcohol powered vehicles, dual energy vehicles, natural
  gas powered vehicles, or natural gas dual energy vehicles.' and inserting
  in lieu thereof `alternative fueled vehicles. In no event shall the number
  of such vehicles acquired be less than the number required under section
  303 of the Energy Policy Act of 1992.';
  (2) by amending subsection (a)(3) to read as follows:
  `(3)(A) To the extent practicable, the Secretary shall acquire both
  dedicated and dual fueled vehicles, and shall ensure that each type of
  alternative fueled vehicle is used by the Federal Government.
  `(B) Vehicles acquired under this section shall be acquired from original
  equipment manufacturers. If such vehicles are not available from original
  equipment manufacturers, vehicles converted to use alternative fuels may
  be acquired if, after conversion, the original equipment manufacturer's
  warranty continues to apply to such vehicles, pursuant to an agreement
  between the original equipment manufacturer and the person performing
  the conversion. This subparagraph shall not apply to vehicles acquired
  by the United States Postal Service pursuant to a contract entered into
  by the United States Postal Service before the date of enactment of this
  subparagraph and which terminates on or before December 31, 1997.
  `(C) Alternative fueled vehicles, other than those described in subparagraph
  (B), may be acquired solely for the purposes of studies under subsection
  (b), whether or not original equipment manufacturer warranties still apply.
  `(D) In deciding which types of alternative fueled vehicles to acquire in
  implementing this part, the Secretary shall consider as a factor--
  `(i) which types of vehicles yield the greatest reduction in pollutants
  emitted per dollar spent; and
  `(ii) the source of the fuel to supply the vehicles, giving preference to
  vehicles that operate on alternative fuels derived from domestic sources.
  `(E) Dual fueled vehicles acquired pursuant to this section shall be operated
  on alternative fuels unless the Secretary determines that operation on
  such alternative fuels is not feasible.
  `(F) At least 50 percent of the alternative fuels used in vehicles acquired
  pursuant to this section shall be derived from domestic feedstocks, except to
  the extent inconsistent with the General Agreement on Tariffs and Trade. The
  Secretary shall issue regulations to implement this requirement. For
  purposes of this subparagraph, the term `domestic' has the meaning given
  such term in section 301(7) of the Energy Policy Act of 1992.
  `(G) Except to the extent inconsistent with the General Agreement on
  Tariffs and Trade, vehicles acquired under this section shall be motor
  vehicles manufactured in the United States or Canada.';
  (3) by adding at the end of subsection (a) the following new paragraph:
  `(4) Acquisitions of vehicles under this section shall, to the extent
  practicable, be coordinated with acquisitions of alternative fueled vehicles
  by State and local governments.';
  (4) in subsection (b), by inserting after paragraph (2) the following
  new paragraphs:
  `(3)(A) The Secretary, in cooperation with the Environmental Protection
  Agency and the Department of Transportation, shall collect data and conduct
  a study of heavy duty vehicles acquired under subsection (a), which shall
  at a minimum address--
  `(i) the performance of such vehicles, including reliability, durability,
  and performance in cold weather and at high altitude;
  `(ii) the fuel economy, safety, and emissions of such vehicles; and
  `(iii) a comparison of the operation and maintenance costs of such vehicles
  to the operation and maintenance costs of conventionally fueled heavy
  duty vehicles.
  `(B) The Secretary shall provide a report on the results of the study
  conducted under subparagraph (A) to the Committees on Commerce, Science,
  and Transportation, Governmental Affairs, and Energy and Natural Resources
  of the Senate, and the Committees on Energy and Commerce and Government
  Operations of the House of Representatives, within one year after the
  first such vehicles are acquired, and annually thereafter.
  `(4)(A) The Secretary and the Administrator of the General Services
  Administration shall conduct a study of the advisability, feasibility, and
  timing of the disposal of heavy duty vehicles acquired under subsection
  (a) and any problems with such disposal. Such study shall take into
  account existing laws governing the sale of Government vehicles and shall
  specifically focus on when to sell such vehicles and what price to charge.
  `(B) The Secretary and the Administrator of the General Services
  Administration shall report the results of the study conducted under
  subparagraph (A) to the Committees on Commerce, Science, and Transportation,
  Governmental Affairs, and Energy and Natural Resources of the Senate,
  and the Committee on Energy and Commerce and the Committee on Government
  Operations of the House of Representatives, within one year after funds
  are appropriated for carrying out this paragraph.
  `(5) Studies undertaken under this subsection shall be coordinated with
  relevant testing activities of the Environmental Protection Agency and
  the Department of Transportation.';
  (5) in subsection (c)--
  (A) by striking `alcohol or natural gas, alcohol or natural gas' and
  inserting in lieu thereof `alternative fuels, such fuels'; and
  (B) by striking `alcohol or natural gas' and inserting in lieu thereof
  `alternative fuel' in paragraph (1);
  (6) in subsection (d)(2)(B), by striking `The Secretary' and inserting
  in lieu thereof `To the extent that appropriations are available for such
  purposes, the Secretary';
  (7) in subsection (g), by striking paragraphs (2) through (6) and inserting
  in lieu thereof the following:
  `(2) the term `alternative fuel' means methanol, denatured ethanol, and
  other alcohols; mixtures containing 85 percent or more (or such other
  percentage, but not less than 70 percent, as determined by the Secretary,
  by rule, to provide for requirements relating to cold start, safety, or
  vehicle functions) by volume of methanol, denatured ethanol, and other
  alcohols with gasoline or other fuels; natural gas; liquefied petroleum
  gas; hydrogen; coal-derived liquid fuels; fuels (other than alcohol)
  derived from biological materials; electricity (including electricity
  from solar energy); and any other fuel the Secretary determines, by rule,
  is substantially not petroleum and would yield substantial energy security
  benefits and substantial environmental benefits;
  `(3) the term `alternative fueled vehicle' means a dedicated vehicle or
  a dual fueled vehicle;
  `(4) the term `dedicated vehicle' means--
  `(A) a dedicated automobile, as such term is defined in section 513(h)(1)(C)
  of the Motor Vehicle Information and Cost Savings Act; or
  `(B) a motor vehicle, other than an automobile, that operates solely on
  alternative fuel;
  `(5) the term `dual fueled vehicle' means--
  `(A) dual fueled automobile, as such term is defined in section 513(h)(1)(D)
  of the Motor Vehicle Information and Cost Savings Act; or
  `(B) a motor vehicle, other than an automobile, that is capable of operating
  on alternative fuel and is capable of operating on gasoline or diesel
  fuel; and
  `(6) the term `heavy duty vehicle' means a vehicle of greater than 8,500
  pounds gross vehicle weight rating.'; and
  (8) by amending subsection (i)(1) to read as follows: `(1) For the purposes
  of this section, there are authorized to be appropriated such sums as
  may be necessary for fiscal years 1993 through 1998, to remain available
  until expended.'.
  (b) REPEAL OF TERMINATION DATE- Section 4(b) of the Alternative Motor
  Fuels Act of 1988 is repealed.
SEC. 303. MINIMUM FEDERAL FLEET REQUIREMENT.
  (a) GENERAL REQUIREMENTS- (1) The Federal Government shall acquire at least--
  (A) 5,000 light duty alternative fueled vehicles in fiscal year 1993;
  (B) 7,500 light duty alternative fueled vehicles in fiscal year 1994; and
  (C) 10,000 light duty alternative fueled vehicles in fiscal year 1995.
  (2) The Secretary shall allocate the acquisitions necessary to meet the
  requirements under paragraph (1).
  (b) PERCENTAGE REQUIREMENTS- (1) Of the total number of vehicles acquired
  by a Federal fleet, at least--
  (A) 25 percent in fiscal year 1996;
  (B) 33 percent in fiscal year 1997;
  (C) 50 percent in fiscal year 1998; and
  (D) 75 percent in fiscal year 1999 and thereafter,
shall be alternative fueled vehicles.
  (2) The Secretary, in consultation with the Administrator of General Services
  where appropriate, may permit a Federal fleet to acquire a smaller percentage
  than is required in paragraph (1), so long as the aggregate percentage
  acquired by all Federal fleets is at least equal to the required percentage.
  (3) For purposes of this subsection, the term `Federal fleet' means 20
  or more light duty motor vehicles, located in a metropolitan statistical
  area or consolidated metropolitan statistical area, as established by
  the Bureau of the Census, with a 1980 population of more than 250,000,
  that are centrally fueled or capable of being centrally fueled and are
  owned, operated, leased, or otherwise controlled by or assigned to any
  Federal executive department, military department, Government corporation,
  independent establishment, or executive agency, the United States Postal
  Service, the Congress, the courts of the United States, or the Executive
  Office of the President. Such term does not include--
  (A) motor vehicles held for lease or rental to the general public;
  (B) motor vehicles used for motor vehicle manufacturer product evaluations
  or tests;
  (C) law enforcement vehicles;
  (D) emergency vehicles;
  (E) motor vehicles acquired and used for military purposes that the
  Secretary of Defense has certified to the Secretary must be exempt for
  national security reasons; or
  (F) nonroad vehicles, including farm and construction vehicles.
  (c) ALLOCATION OF INCREMENTAL COSTS- The General Services Administration
  and any other Federal agency that procures motor vehicles for distribution
  to other Federal agencies may allocate the incremental cost of alternative
  fueled vehicles over the cost of comparable gasoline vehicles across the
  entire fleet of motor vehicles distributed by such agency.
  (d) APPLICATION OF REQUIREMENTS- The provisions of section 400AA of the
  Energy Policy and Conservation Act relating to the Federal acquisition
  of alternative fueled vehicles shall apply to the acquisition of vehicles
  pursuant to this section.
  (e) RESALE- The Administrator of General Services shall take all feasible
  steps to ensure that all alternative fueled vehicles sold by the Federal
  Government shall remain alternative fueled vehicles at time of sale.
  (f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for carrying out this section, such sums as may be necessary for fiscal
  years 1993 through 1998, to remain available until expended.
SEC. 304. REFUELING.
  (a) IN GENERAL- Federal agencies shall, to the maximum extent practicable,
  arrange for the fueling of alternative fueled vehicles acquired under
  section 303 at commercial fueling facilities that offer alternative fuels
  for sale to the public. If publicly available fueling facilities are not
  convenient or accessible to the location of Federal alternative fueled
  vehicles purchased under section 303, Federal agencies are authorized to
  enter into commercial arrangements for the purposes of fueling Federal
  alternative fueled vehicles, including, as appropriate, purchase, lease,
  contract, construction, or other arrangements in which the Federal Government
  is a participant.
  (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section such sums as may be necessary
  for fiscal years 1993 through 1998, to remain available until expended.
SEC. 305. FEDERAL AGENCY PROMOTION, EDUCATION, AND COORDINATION.
  (a) PROMOTION AND EDUCATION- The Secretary, in cooperation with the
  Administrator of General Services, shall promote programs and educate
  officials and employees of Federal agencies on the merits of alternative
  fueled vehicles. The Secretary, in cooperation with the Administrator of
  General Services, shall provide and disseminate information to Federal
  agencies on--
  (1) the location of refueling and maintenance facilities available to
  alternative fueled vehicles in the Federal fleet;
  (2) the range and performance capabilities of alternative fueled vehicles;
  (3) State and local government and commercial alternative fueled vehicle
  programs;
  (4) Federal alternative fueled vehicle purchases and placements;
  (5) the operation and maintenance of alternative fueled vehicles in
  accordance with the manufacturer's standards and recommendations; and
  (6) incentive programs established pursuant to sections 306 and 307 of
  this Act.
  (b) ASSISTANCE IN PROCUREMENT AND PLACEMENT- The Secretary, in cooperation
  with the Administrator of General Services, shall provide guidance,
  coordination and technical assistance to Federal agencies in the procurement
  and geographic location of alternative fueled vehicles purchased through
  the Administrator of General Services. The procurement and geographic
  location of such vehicles shall comply with the purchase requirements
  under section 303 of this Act.
SEC. 306. AGENCY INCENTIVES PROGRAM.
  (a) REDUCTION IN RATES- To encourage and promote use of alternative fueled
  vehicles in Federal agencies, the Administrator of General Services may
  offer a reduction in fees charged to agencies for the lease of alternative
  fueled vehicles below those fees charged for the lease of comparable
  conventionally fueled motor vehicles.
  (b) SUNSET PROVISION- This section shall cease to be effective 3 years
  after the date of the enactment of this Act.
SEC. 307. RECOGNITION AND INCENTIVE AWARDS PROGRAM.
  (a) AWARDS PROGRAM- The Administrator of General Services shall establish
  annual awards program to recognize those Federal employees who demonstrate
  the strongest commitment to the use of alternative fuels and fuel
  conservation in Federal motor vehicles.
  (b) CRITERIA- The Administrator of General Services shall provide annual
  awards to Federal employees who best demonstrate a commitment--
  (1) to the success of the Federal alternative fueled vehicle program
  through--
  (A) exemplary promotion of alternative fueled vehicle use within Federal
  agencies;
  (B) proper alternative fueled vehicle care and maintenance;
  (C) coordination with Federal, State, and local efforts;
  (D) innovative alternative fueled vehicle procurement, refueling, and
  maintenance arrangements with commercial entities;
  (E) making regular requests for alternative fueled vehicles for agency
  use; and
  (F) maintaining a high number of alternative fueled vehicles used relative
  to comparable conventionally fueled motor vehicles used; and
  (2) to fuel efficiency in Federal motor vehicle use through the promotion
  of such measures as increased use of fuel-efficient vehicles, carpooling,
  ride-sharing, regular maintenance, and other conservation and awareness
  measures.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for the purpose of carrying out this section not more than $35,000 for
  fiscal year 1994 and such sums as may be necessary for each of the fiscal
  years 1995 and 1996.
SEC. 308. MEASUREMENT OF ALTERNATIVE FUEL USE.
  The Administrator of General Services shall use such means as may be
  necessary to measure the percentage of alternative fuel use in dual-fueled
  vehicles procured by the Administrator of General Services. Not later
  than one year after the date of the enactment of this Act, the Secretary,
  in consultation with the Administrator of General Services, shall issue
  guidelines to Federal agencies for use in measuring the aggregate percentage
  of alternative fuel use in dual-fueled vehicles in their fleets.
SEC. 309. INFORMATION COLLECTION.
  Section 400AA(b)(1)(A) of the Energy Policy and Conservation Act is amended
  by striking `the vehicles acquired under subsection (a)' and inserting in
  lieu thereof `a representative sample of alternative fueled vehicles in
  Federal fleets'.
SEC. 310. GENERAL SERVICES ADMINISTRATION REPORT.
  Not later than one year after the date of the enactment of this Act, and
  biennially thereafter, the Administrator of General Services shall report
  to the Congress on the General Services Administration's alternative fueled
  vehicle program under this Act. The report shall contain information on--
  (1) the number and type of alternative fueled vehicles procured;
  (2) the location of alternative fueled vehicles by standard Federal region;
  (3) the total number of alternative fueled vehicles used by each Federal
  agency;
  (4) arrangements with commercial entities for refueling and maintenance
  of alternative fueled vehicles;
  (5) future alternative fueled vehicle procurement and placement strategy;
  (6) the difference in cost between the purchase, maintenance, and operation
  of alternative fueled vehicles and the purchase, maintenance, and operation
  of comparable conventionally fueled motor vehicles;
  (7) coordination among Federal, State, and local governments for alternative
  fueled vehicle procurement and placement;
  (8) the percentage of alternative fuel use in dual-fueled vehicles procured
  by the Administrator of General Services as measured under section 308;
  (9) a description of the representative sample of alternative fueled
  vehicles as determined under section 400AA(b)(1)(A) of the Energy Policy
  and Conservation Act; and
  (10) award recipients under this title.
SEC. 311. UNITED STATES POSTAL SERVICE.
  (a) REPORT- Not later than one year after the date of the enactment of
  this Act, and biennially thereafter, the Postmaster General shall submit a
  report to the Congress on the Postal Service's alternative fueled vehicle
  program. The report shall contain information on--
  (1) the total number and type of alternative fueled vehicles procured
  prior to the date of the enactment of this Act (first report only);
  (2) the number and type of alternative fueled vehicles procured in the
  preceding year;
  (3) the location of alternative fueled vehicles by region;
  (4) arrangements with commercial entities for purposes of refueling and
  maintenance;
  (5) future alternative fuel procurement and placement strategy;
  (6) the difference in cost between the purchase, maintenance, and operation
  of alternative fueled vehicles and the purchase, maintenance, and operation
  of comparable conventionally fueled motor vehicles;
  (7) the percentage of alternative fuel use in dual-fueled vehicles procured
  by the Postmaster General;
  (8) promotions and incentives to encourage the use of alternative fuels
  in dual-fueled vehicles; and
  (9) an assessment of the program's relative success and policy
  recommendations for strengthening the program.
  (b) COORDINATION- To the maximum extent practicable, the Postmaster General
  shall coordinate the Postal Service's alternative fueled vehicle procurement,
  placement, refueling, and maintenance programs with those at the Federal,
  State, and local level. The Postmaster General shall communicate, share,
  and disseminate, on a regular basis, information on such programs with the
  Secretary, the Administrator of General Services, and heads of appropriate
  Federal agencies.
  (c) PROGRAM CRITERIA- The Postmaster General shall consider the following
  criteria in the procurement and placement of alternative fueled vehicles:
  (1) The procurement plans of State and local governments and other public
  and private institutions.
  (2) The current and future availability of refueling and repair facilities.
  (3) The reduction in emissions of the Postal fleet.
  (4) Whether the vehicle is to be used in a nonattainment area as specified
  in the Clean Air Act Amendments of 1990.
  (5) The operational requirements of the Postal fleet.
  (6) The contribution to the reduction in the consumption of oil in the
  transportation sector.
TITLE IV--ALTERNATIVE FUELS--NON-FEDERAL PROGRAMS
SEC. 401. TRUCK COMMERCIAL APPLICATION PROGRAM.
  (a) ALTERNATIVE FUELED TRUCKS- Section 400BB(a) of the Energy Policy and
  Conservation Act (42 U.S.C. 6374a(a)) is amended by striking `alcohol and
  natural gas' and inserting in lieu thereof `alternative fuels'.
  (b) FUNDING- Section 400BB(b)(1) of such Act (42 U.S.C. 6374a(b)(1)) is
  amended to read as follows: `(1) There are authorized to be appropriated to
  the Secretary for carrying out this section such sums as may be necessary
  for fiscal years 1993 through 1995, to remain available until expended.'.
SEC. 402. CONFORMING AMENDMENTS.
  Part J of title III of the Energy Policy and Conservation Act is amended--
  (1) in section 400CC(a)--
  (A) by striking `alcohol and buses capable of operating on natural gas'
  and inserting in lieu thereof `alternative fuels'; and
  (B) by striking `both buses capable of operating on alcohol and buses
  capable of operating on natural gas' and inserting in lieu thereof `each
  of the various types of alternative fuel buses';
  (2) in section 400DD(d), by striking `alcohols, natural gas, and other
  potential alternative motor' and inserting in lieu thereof `alternative'; and
  (3) in section 400DD (d) and (e), by striking `motor' each place it appears.
SEC. 403. ALTERNATIVE MOTOR FUELS AMENDMENTS.
  Title V of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2001
  et seq.) is amended--
  (1) in section 501(1), by striking `alcohol or natural gas' and inserting
  in lieu thereof `alternative fuel';
  (2) in section 502(e)--
  (A) by striking `alcohol powered automobiles or natural gas powered'
  and inserting in lieu thereof `dedicated'; and
  (B) by striking `energy automobiles and natural gas dual energy' and
  inserting in lieu thereof `fueled';
  (3) in section 506(a)(4)--
  (A) in subparagraph (A)--
  (i) by striking `alcohol powered automobiles or natural gas powered'
  and inserting in lieu thereof `dedicated'; and
  (ii) by striking `alcohol or natural gas, as the case may be' and inserting
  in lieu thereof `alternative fuels'; and
  (B) in subparagraph (B)--
  (i) by striking `energy automobiles or natural gas dual energy' and
  inserting in lieu thereof `fueled'; and
  (ii) by striking `energy automobile or natural gas dual energy automobile,
  as the case may be' and inserting in lieu thereof `fueled automobile'; and
  (4) in section 506(b)(3)--
  (A) in subparagraph (A)--
  (i) by striking `energy automobiles and natural gas dual energy' and
  inserting in lieu thereof `fueled';
  (ii) by striking `alcohol or natural gas, as the case may be' and inserting
  in lieu thereof `alternative fuels' in clause (i); and
  (iii) by striking `alcohol or natural gas, as the case may be' and inserting
  in lieu thereof `alternative fuels' in clause (ii); and
  (B) in subparagraph (B)--
  (i) by striking `dual energy' and inserting in lieu thereof `dual fueled';
  and
  (ii) by striking `alcohol' and inserting in lieu thereof `alternative fuels'
  in clauses (i) and (ii); and
  (5) in section 513--
  (A) in subsection (a)--
  (i) by striking `ALCOHOL POWERED' and inserting in lieu thereof `DEDICATED';
  (ii) by striking `If' and inserting in lieu thereof `Except as provided
  in subsection (c) or in section 503(a)(3), if';
  (iii) by striking `alcohol powered' and inserting in lieu thereof
  `dedicated';
  (iv) by striking `content of the alcohol' and inserting in lieu thereof
  `content of the alternative fuel'; and
  (v) by striking `gallon of alcohol' and inserting in lieu thereof `gallon
  of a liquid alternative fuel';
  (B) in subsection (b)--
  (i) by striking `ENERGY' and inserting in lieu thereof `FUELED';
  (ii) by striking `If' and inserting in lieu thereof `Except as provided
  in subsection (d) or in section 503(a)(3), if';
  (iii) by striking `energy' and inserting in lieu thereof `fueled'; and
  (iv) by striking `alcohol' and inserting in lieu thereof `alternative fuel'
  in paragraph (2);
  (C) in subsection (c)--
  (i) by striking `NATURAL GAS POWERED' and inserting in lieu thereof
  `GASEOUS FUEL DEDICATED';
  (ii) by striking `powered' and inserting in lieu thereof `dedicated';
  (iii) by striking `natural gas' each place it appears in the first sentence
  and inserting in lieu thereof `gaseous fuel'; and
  (iv) by adding at the end the following new sentence: `For purposes
  of this section, the Secretary shall determine the appropriate gallons
  equivalent measurement for gaseous fuels other than natural gas, and a
  gallon equivalent of such gaseous fuel shall be considered to have a fuel
  content of 15 one-hundredths of a gallon of fuel.';
  (D) in subsection (d)--
  (i) by striking `NATURAL GAS DUAL ENERGY' and inserting in lieu thereof
  `GASEOUS FUEL DUAL FUELED';
  (ii) by striking `dual energy' and inserting in lieu thereof `dual
  fueled'; and
  (iii) by striking `natural gas' each place it appears and inserting in
  lieu thereof `gaseous fuel';
  (E) in subsection (e), by striking `alcohol powered automobile, dual energy
  automobile, natural gas powered automobile, or natural gas dual energy'
  and inserting in lieu thereof `dedicated automobile or dual fueled';
  (F) in subsection (f)(2)(A)(i), by striking `alcohol powered automobiles,
  natural gas powered automobiles,' and inserting in lieu thereof `alternative
  fueled automobiles';
  (G) in subsection (g)--
  (i) in paragraph (1)--
  (I) by inserting `, other than electric automobiles,' after `each category
  of automobiles' in subparagraph (A);
  (II) by striking `energy automobiles and natural gas dual energy' and
  inserting in lieu thereof `fueled' in subparagraph (A);
  (III) by inserting `, other than electric automobiles,' after `each category
  of automobiles' in subparagraph (B);
  (IV) by striking `energy automobiles and natural gas dual energy' and
  inserting in lieu thereof `fueled' in subparagraph (B);
  (V) by striking `energy automobiles and natural gas dual energy' and
  inserting in lieu thereof `fueled' both places it appears in subparagraph
  (C); and
  (VI) by striking `energy automobile or natural gas dual energy' and
  inserting in lieu thereof `fueled' in subparagraph (C); and
  (ii) in paragraph (2)--
  (I) by striking `energy passenger automobiles or natural gas dual energy'
  and inserting in lieu thereof `fueled' in subparagraph (A);
  (II) by striking `alcohol powered automobiles or natural gas powered'
  and inserting in lieu thereof `dedicated' in subparagraph (B); and
  (III) by striking `energy automobiles and natural gas dual energy' and
  inserting in lieu thereof `fueled' in subparagraph (B);
  (H) in subsection (h)(1)--
  (i) by striking subparagraphs (D) and (E) and redesignating subparagraph
  (C) as subparagraph (D);
  (ii) by striking subparagraphs (A) and (B) and inserting in lieu thereof
  the following new subparagraphs:
  `(A) the term `alternative fuel' means methanol, denatured ethanol, and
  other alcohols; mixtures containing 85 percent or more (or such other
  percentage, but not less than 70 percent, as determined by the Secretary,
  by rule, to provide for requirements relating to cold start, safety, or
  vehicle functions) by volume of methanol, denatured ethanol, and other
  alcohols with gasoline or other fuels; natural gas; liquefied petroleum
  gas; hydrogen; coal derived liquid fuels; fuels (other than alcohol)
  derived from biological materials; electricity (including electricity
  from solar energy); and any other fuel the Secretary determines, by rule,
  is substantially not petroleum and would yield substantial energy security
  benefits and substantial environmental benefits;
  `(B) the term `alternative fueled automobile' means an automobile that--
  `(i) is a dedicated automobile; or
  `(ii) is a dual fueled automobile;
  `(C) the term `dedicated automobile' means an automobile that operates
  solely on alternative fuels; and'; and
  (iii) in subparagraph (D), as so redesignated by clause (i) of this
  subparagraph--
  (I) by striking `dual energy' and inserting in lieu thereof `dual fueled';
  (II) by striking `alcohol' and inserting in lieu thereof `alternative fuel'
  in clauses (i), (ii), and (iii);
  (III) by inserting `in the case of an automobile capable of operating
  on a mixture of an alternative fuel and gasoline or diesel fuel,' before
  `which, for model years' in clause (iii); and
  (IV) by striking the semicolon at the end of clause (iv) and inserting in
  lieu thereof a period; and
  (I) in subsection (h)(2)--
  (i) by striking `paragraphs (1)(C) and (D)' and inserting in lieu thereof
  `paragraph (1)(D)' in subparagraph (A);
  (ii) by striking `energy automobiles when operating on alcohol, and by
  natural gas dual energy automobiles when operating on natural gas' and
  inserting in lieu thereof `fueled automobiles when operating on alternative
  fuels' in subparagraph (A);
  (iii) by striking `energy automobiles or natural gas dual energy' and
  inserting in lieu thereof `fueled' both places it appears in subparagraph
  (A);
  (iv) by striking `energy automobiles and natural gas dual energy' and
  inserting in lieu thereof `fueled' in subparagraph (A);
  (v) by striking `energy' and inserting in lieu thereof `fueled' each place
  it appears in subparagraphs (B) and (C); and
  (vi) by inserting `other than electric automobiles' after `automobiles'
  each place it appears in subparagraphs (B) and (C).
SEC. 404. VEHICULAR NATURAL GAS JURISDICTION.
  (a) NATURAL GAS ACT AMENDMENTS- (1) Section 1 of the Natural Gas Act (15
  U.S.C. 717) is amended by inserting after subsection (c) the following
  new subsection:
  `(d) The provisions of this Act shall not apply to any person solely by
  reason of, or with respect to, any sale or transportation of vehicular
  natural gas if such person is--
  `(1) not otherwise a natural-gas company; or
  `(2) subject primarily to regulation by a State commission, whether or not
  such State commission has, or is exercising, jurisdiction over the sale,
  sale for resale, or transportation of vehicular natural gas.'.
  (2) Section 2 of the Natural Gas Act (15 U.S.C. 717a) is amended by
  inserting after paragraph (9) the following new paragraph:
  `(10) `Vehicular natural gas' means natural gas that is ultimately used
  as a fuel in a self-propelled vehicle.'.
  (b) STATE LAWS AND REGULATIONS- The transportation or sale of natural gas
  by any person who is not otherwise a public utility, within the meaning
  of State law--
  (1) in closed containers; or
  (2) otherwise to any person for use by such person as a fuel in a
  self-propelled vehicle,
shall not be considered to be a transportation or sale of natural gas within
the meaning of any State law, regulation, or order in effect before January
1, 1989. This subsection shall not apply to any provision of any State law,
regulation, or order to the extent that such provision has as its primary
purpose the protection of public safety.
  (c) NONAPPLICABILITY OF THE PUBLIC UTILITY HOLDING COMPANY ACT OF 1935-
  (1) A company shall not be considered to be a gas utility company under
  section 2(a)(4) of the Public Utility Holding Company Act of 1935 (15
  U.S.C. 79b(a)(4)) solely because it owns or operates facilities used for
  the distribution at retail of vehicular natural gas.
  (2) Notwithstanding section 11(b)(1) of the Public Utility Holding Company
  Act of 1935 (15 U.S.C. 79k(b)(1)), a holding company registered under such
  Act solely by reason of the application of section 2(a)(7) (A) or (B) of such
  Act with respect to control of a gas utility company or subsidiary thereof,
  may acquire or retain, in any geographic area, any interest in a company
  that is not a public utility company and which, as a primary business,
  is involved in the sale of vehicular natural gas or the manufacture, sale,
  transport, installation, servicing, or financing of equipment related to
  the sale for consumption of vehicular natural gas.
  (3) The sale or transportation of vehicular natural gas by a company, or
  any subsidiary of such company, shall not be taken into consideration in
  determining whether under section 3 of the Public Utility Holding Company
  Act of 1935 (15 U.S.C. 79c) such company is exempt from registration.
  (4) For purposes of this subsection, terms that are defined under the
  Public Utility Holding Company Act of 1935 shall have the meaning given
  such terms in such Act.
  (5) For purposes of this subsection, the term `vehicular natural gas'
  means natural or manufactured gas that is ultimately used as a fuel in a
  self-propelled vehicle.
SEC. 405. PUBLIC INFORMATION PROGRAM.
  The Secretary, in consultation with appropriate Federal agencies and
  individuals and organizations with practical experience in the production
  and use of alternative fuels and alternative fueled vehicles, shall, for
  the purposes of promoting the use of alternative fuels and alternative
  fueled vehicles, establish a public information program on the benefits and
  costs of the use of alternative fuels in motor vehicles. Within 18 months
  after the date of enactment of this Act, the Secretary shall produce and
  make available an information package for consumers to assist them in
  choosing among alternative fuels and alternative fueled vehicles. Such
  information package shall provide relevant and objective information
  on motor vehicle characteristics and fuel characteristics as compared to
  gasoline, on a life cycle basis, including environmental performance, energy
  efficiency, domestic content, cost, maintenance requirements, reliability,
  and safety. Such information package shall also include information with
  respect to the conversion of conventional motor vehicles to alternative
  fueled vehicles. The Secretary shall include such other information as the
  Secretary determines is reasonable and necessary to help promote the use
  of alternative fuels in motor vehicles. Such information package shall be
  updated annually to reflect the most recent available information.
SEC. 406. LABELING REQUIREMENTS.
  (a) ESTABLISHMENT OF REQUIREMENTS- The Federal Trade Commission, in
  consultation with the Secretary, the Administrator of the Environmental
  Protection Agency, and the Secretary of Transportation, shall, within 18
  months after the date of enactment of this Act, issue a notice of proposed
  rulemaking for a rule to establish uniform labeling requirements, to the
  greatest extent practicable, for alternative fuels and alternative fueled
  vehicles, including requirements for appropriate information with respect to
  costs and benefits, so as to reasonably enable the consumer to make choices
  and comparisons. Required labeling under the rule shall be simple and,
  where appropriate, consolidated with other labels providing information to
  the consumer. In formulating the rule, the Federal Trade Commission shall
  give consideration to the problems associated with developing and publishing
  useful and timely cost and benefit information, taking into account lead
  time, costs, the frequency of changes in costs and benefits that may occur,
  and other relevant factors. The Commission shall obtain the views of
  affected industries, consumer organizations, Federal and State agencies,
  and others in formulating the rule. A final rule shall be issued within
  1 year after the notice of proposed rulemaking is issued. Such rule shall
  be updated periodically to reflect the most recent available information.
  (b) TECHNICAL ASSISTANCE AND COORDINATION- The Secretary shall provide
  technical assistance to the Federal Trade Commission in developing labeling
  requirements under subsection (a). The Secretary shall coordinate activities
  under this section with activities under section 405.
SEC. 407. DATA ACQUISITION PROGRAM.
  (a) Not later than one year after the date of enactment of this Act, the
  Secretary, through the Energy Information Administration, and in cooperation
  with appropriate State, regional, and local authorities, shall establish
  a data collection program to be conducted in at least 5 geographically
  and climatically diverse regions of the United States for the purpose of
  collecting data which would be useful to persons seeking to manufacture,
  convert, sell, own, or operate alternative fueled vehicles or alternative
  fueling facilities. Such data shall include--
  (1) identification of the number and types of motor vehicle trips made
  daily and miles driven per trip, including commuting, business, and
  recreational trips;
  (2) the projections of the Secretary as to the most likely combination of
  alternative fueled vehicle use and other forms of transit, including rail
  and other forms of mass transit;
  (3) cost, performance, environmental, energy, and safety data on alternative
  fuels and alternative fueled vehicles; and
  (4) other appropriate demographic information and consumer preferences.
  (b) The Secretary shall consult with interested parties, including other
  appropriate Federal agencies, manufacturers, public utilities, owners
  and operators of fleets of light duty motor vehicles, and State or local
  governmental entities, to determine the types of data to be collected and
  analyzed under subsection (a).
SEC. 408. FEDERAL ENERGY REGULATORY COMMISSION AUTHORITY TO APPROVE RECOVERY
OF CERTAIN EXPENSES IN ADVANCE.
  (a) NATURAL GAS MOTOR VEHICLES- The Federal Energy Regulatory Commission
  may, under section 4 of the Natural Gas Act, allow recovery of expenses in
  advance by natural-gas companies for research, development, and demonstration
  activities by the Gas Research Institute for projects on the use of natural
  gas, including fuels derived from natural gas, for transportation, and
  projects on the use of natural gas to control pollutants and to control
  emissions from the combustion of other fuels, if the Commission finds that
  the benefits, including environmental benefits, to existing and future
  ratepayers resulting from such activities exceed all direct costs to
  existing and future ratepayers. To the maximum extent practicable, through
  the establishment of cofunding requirements applicable to such projects,
  the Commission shall ensure that the costs of such activities shall be
  provided in part, through contributions of cash, personnel, services,
  equipment, and other resources, by sources other than the recovery of
  expenses pursuant to this section.
  (b) ELECTRIC MOTOR VEHICLES- The Federal Energy Regulatory Commission
  may, under section 205 of the Federal Power Act, allow recovery of
  expenses in advance by electric utilities for research, development,
  and demonstration activities by the Electric Power Research Institute
  for projects on electric motor vehicles, if the Commission finds that
  the benefits, including environmental benefits, to existing and future
  ratepayers resulting from such activities exceed all direct costs to
  existing and future ratepayers. To the maximum extent practicable, through
  the establishment of cofunding requirements applicable to each project, the
  costs of such activities shall be provided, in part, through contributions
  of cash, personnel, services, equipment, and other resources, by sources
  other than the recovery of expenses pursuant to this section.
  (c) REPEAL- The second paragraph of the matter under the heading `FEDERAL
  ENERGY REGULATORY COMMISSION, SALARIES AND EXPENSES' in title III of the
  Energy and Water Development Appropriations Act, 1992, is repealed.
SEC. 409. STATE AND LOCAL INCENTIVES PROGRAMS.
  (a) ESTABLISHMENT OF PROGRAM- (1) The Secretary shall, within one year
  after the date of enactment of this Act, issue regulations establishing
  guidelines for comprehensive State alternative fuels and alternative
  fueled vehicle incentives and program plans designed to accelerate the
  introduction and use of such fuels and vehicles. Such guideline shall
  address the development, modification, and implementation of such State
  plans and shall describe those program elements, as described in paragraph
  (3), to be addressed in such plans.
  (2) The Secretary, after consultation with the Secretary of Transportation
  and the Administrator of the Environmental Protection Agency, shall invite
  the Governor of each State to submit to the Secretary a State plan within
  one year after the effective date of the regulations issued under paragraph
  (1). Such plan shall include--
  (A) provisions designed to result in scheduled progress toward, and
  achievement of, the goal of introducing substantial numbers of alternative
  fueled vehicles in such State by the year 2000; and
  (B) a detailed description of the requirements, including the estimated
  cost of implementation, of such plan.
  (3) Each proposed State plan, in order to be eligible for Federal assistance
  under this section, shall describe the manner in which coordination shall
  be achieved with Federal and local governmental entities in implementing
  such plan, and shall include an examination of--
  (A) exemption from State sales tax or other State or local taxes or
  surcharges (other than such taxes or surcharges which are dedicated for
  transportation purposes) with respect to alternative fueled vehicles,
  alternative fuels, or alternative fueling facilities;
  (B) the introduction of alternative fueled vehicles into State-owned or
  operated motor vehicle fleets;
  (C) special parking at public buildings and airport and transportation
  facilities;
  (D) programs of public education to promote the use of alternative fueled
  vehicles;
  (E) the treatment of sales of alternative fuels for use in alternative
  fueled vehicles;
  (F) methods by which State and local governments might facilitate--
  (i) the availability of alternative fuels; and
  (ii) the ability to recharge electric motor vehicles at public locations;
  (G) allowing public utilities to include in rates the incremental cost of--
  (i) new alternative fueled vehicles;
  (ii) converting conventional vehicles to operate on alternative fuels; and
  (iii) installing alternative fuel fueling facilities,
but only to the extent that the inclusion of such costs in rates would not
create competitive disadvantages for other market participants, and taking
into consideration the effect inclusion of such costs would have on rates,
service, and reliability to other utility customers;
  (H) such other programs and incentives as the State may describe;
  (I) whether accomplishing any of the goals in this subsection would require
  amendment to State law or regulation, including traffic safety prohibitions;
  (J) services provided by municipal, county, and regional transit authorities;
  and
  (K) effects of such plan on programs authorized by the Intermodal Surface
  Transportation Efficiency Act of 1991 and amendments made by that Act.
  (b) FEDERAL ASSISTANCE TO STATES- (1) Upon request of the Governor of any
  State with a plan approved under this section, the Secretary may provide
  to such State--
  (A) information and technical assistance, including model State laws and
  proposed regulations relating to alternative fueled vehicles;
  (B) grants of Federal financial assistance for the purpose of assisting
  such State in the implementation of such plan or any part thereof; and
  (C) grants of Federal financial assistance for the acquisition of alternative
  fueled vehicles.
  (2) In determining whether to approve a State plan submitted under subsection
  (a), and in determining the amount of Federal financial assistance, if any,
  to be provided to any State under this subsection, the Secretary shall
  take into account--
  (A) the energy-related and environmental-related impacts, on a life cycle
  basis, of the introduction and use of alternative fueled vehicles included
  in the plan compared to conventional motor vehicles;
  (B) the number of alternative fueled vehicles likely to be introduced by
  the year 2000, as a result of successful implementation of the plan; and
  (C) such other factors as the Secretary considers appropriate.
  (3) The Secretary, in consultation with the Administrator of General
  Services, shall provide assistance to States in procuring alternative fueled
  vehicles, including coordination with Federal procurements of such vehicles.
  (4) The Secretary may not approve a State plan submitted under subsection
  (a) unless the State agrees to provide at least 20 percent of the cost of
  activities for which assistance is provided under paragraph (1).
  (c) GENERAL PROVISIONS- (1) In carrying out this section, the Secretary
  shall consult with the Secretary of Transportation on matters relating to
  transportation and with other appropriate Federal and State departments
  and agencies.
  (2) The Secretary shall report annually to the President and the Congress,
  and shall furnish copies of such report to the Governor of each State
  participating in the program, on the operation of the program under this
  section. Such report shall include--
  (A) an estimate of the number of alternative fueled vehicles in use in
  each State;
  (B) the degree of each State's participation in the program;
  (C) a description of Federal, State, and local programs undertaken in the
  various States, whether pursuant to a State plan under this section or not,
  to provide incentives for introduction of alternative fueled vehicles;
  (D) an estimate of the energy and environmental benefits of the program; and
  (E) the recommendations of the Secretary, if any, for additional action
  by the Federal Government.
  (d) DEFINITIONS- For the purposes of this section, the following definitions
  apply:
  (1) GOVERNOR- The term `Governor' means the chief executive of a State.
  (2) STATE- The term `State' means each of the several States, the District of
  Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands,
  Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
  and any other Commonwealth, territory, or possession of the United States.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for carrying out this section, $10,000,000 for each of the 5 fiscal years
  beginning after the date of enactment of this Act.
SEC. 410. ALTERNATIVE FUEL BUS PROGRAM.
  (a) COOPERATIVE AGREEMENTS AND JOINT VENTURES- (1) The Secretary
  of Transportation, in consultation with the Secretary, may enter into
  cooperative agreements and joint ventures proposed by any municipal, county,
  or regional transit authority in an urban area with a population over
  100,000 (according to latest available census information) to demonstrate
  the feasibility of commercial application, including safety of specific
  vehicle design, of using alternative fuels for urban buses and other motor
  vehicles used for mass transit.
  (2) The cooperative agreements and joint ventures under paragraph (1) may
  include interested or affected private firms willing to provide assistance
  in cash, or in kind, for any such demonstration.
  (3) Federal assistance provided under cooperative agreements and joint
  ventures entered into under paragraph (1) to demonstrate the feasibility of
  commercial application of using alternative fuels for urban buses shall be in
  addition to Federal assistance provided under any other law for such purpose.
  (b) LIMITATIONS- (1) The Secretary of Transportation may not enter into
  cooperative agreement or joint venture under subsection (a) with any
  municipal, county, or regional transit authority, unless such government
  body agrees to provide 20 percent of the costs of such demonstration.
  (2) The Secretary of Transportation may grant such priority under this
  section to any entity that demonstrates that the use of alternative fuels for
  transportation would have a significant beneficial effect on the environment.
  (c) SCHOOL BUSES- The Secretary of Transportation may also provide,
  in accordance with such rules as he may prescribe, financial assistance
  to any agency, municipality, or political subdivision in an urban area
  referred to in subsection (a), of any State or the District of Columbia
  for the purpose of meeting the incremental costs of school buses that
  are dedicated vehicles and used regularly for such transportation during
  the school term. Such costs may include the purchase and installation of
  alternative fuel refueling facilities to be used for school bus refueling,
  and the conversion of school buses to dedicated vehicles. The Secretary
  of Transportation may provide such assistance directly to a person who is
  a contractor of such agency, municipality, or political subdivision, upon
  the request of the agency, municipality, or political subdivision, and who,
  under such contract, provides for such transportation. Any conversion under
  this subsection shall comply with the warranty and safety requirements
  for alternative fuel conversions contained in section 247 of the Clean
  Air Act Amendments of 1990.
  (d) FUNDING AUTHORIZATION- There are authorized to be appropriated not
  more than $30,000,000 for each of the fiscal years 1993, 1994, and 1995
  for purposes of this section.
SEC. 411. CERTIFICATION OF TRAINING PROGRAMS.
  The Secretary shall ensure that the Federal Government establishes
  and carries out a program for the certification of training programs
  for technicians who are responsible for motor vehicle installation of
  equipment that converts gasoline or diesel-fueled motor vehicles into
  dedicated vehicles or dual fueled vehicles, and for the maintenance of such
  converted motor vehicles. A training program shall not be certified under the
  program established under this section unless it provides technicians with
  instruction on the proper and safe installation procedures and techniques,
  adherence to specifications (including original equipment manufacturer
  specifications), motor vehicle operating procedures, emissions testing,
  and other appropriate mechanical concerns applicable to these motor vehicle
  conversions. The Secretary shall ensure that, in the development of the
  program required under this section, original equipment manufacturers, fuel
  suppliers, companies that convert conventional vehicles to use alternative
  fuels, and other affected persons are consulted.
SEC. 412. ALTERNATIVE FUEL USE IN NONROAD VEHICLES AND ENGINES.
  (a) NONROAD VEHICLES AND ENGINES- (1) The Secretary shall conduct a study
  to determine whether the use of alternative fuels in nonroad vehicles and
  engines would contribute substantially to reduced reliance on imported
  energy sources. Such study shall be completed, and the results thereof
  reported to Congress, within 2 years after the date of enactment of this Act.
  (2) The study shall assess the potential of nonroad vehicles and engines
  to run on alternative fuels. Taking into account the nonroad vehicles and
  engines for which running on alternative fuels is feasible, the study shall
  assess the potential reduction in reliance on foreign energy sources that
  could be achieved if such vehicles were to run on alternative fuels.
  (3) The report required under paragraph (1) may include the Secretary's
  recommendations for encouraging or requiring nonroad vehicles and engines
  which can feasibly be run on alternative fuels, to utilize such alternative
  fuels.
  (b) DEFINITION OF NONROAD VEHICLES AND ENGINES- Nonroad vehicles and engines,
  for purposes of this section, shall include nonroad vehicles and engines
  used for surface transportation or principally for industrial or commercial
  purposes, vehicles used for rail transportation, vehicles used at airports,
  vehicles or engines used for marine purposes, and other vehicles or engines
  at the discretion of the Secretary.
  (c) DESIGNATION- Upon completion of the study required pursuant to subsection
  (a) of this section, the Secretary may designate such vehicles and engines
  as qualifying for loans pursuant to section 414 of this title.
SEC. 413. REPORTS TO CONGRESS.
  Within 6 months after the date of enactment of this Act, the Secretary
  shall--
  (1) identify and report to Congress on purchasing policies of the Federal
  Government which inhibit or prevent the purchase by the Federal Government
  of alternative fueled vehicles; and
  (2) report to Congress on Federal, State, and local traffic control
  measures and policies and how the use of alternative fueled vehicles could
  be promoted by granting such vehicles exemptions or preferential treatment
  under such measures.
SEC. 414. LOW INTEREST LOAN PROGRAM.
  (a) ESTABLISHMENT- Within 1 year after the date of enactment of this Act,
  the Secretary shall establish a program for making low interest loans,
  giving preference to small businesses that own or operate fleets, for--
  (1) the conversion of motor vehicles to operation on alternative fuels;
  (2) covering the incremental costs of the purchase of motor vehicles
  which operate on alternative fuels, when compared with purchase costs of
  comparable conventionally fueled motor vehicles; or
  (3) covering the incremental costs of purchase of non-road vehicles and
  engines designated by the Secretary pursuant to section 412(c) of this title.
  (b) LOAN TERMS- The Secretary, to the extent practicable, shall establish
  reasonable terms for loans made under this subsection, with preference
  given to repayment schedules that enable such loans to be repaid by the
  borrower from the cost differential between gasoline and the alternative
  fuel on which the motor vehicle operates.
  (c) CRITERIA- In deciding to whom loans shall be made under this subsection,
  the Secretary shall consider--
  (1) the financial need of the applicant;
  (2) the goal of assisting the greatest number of applicants; and
  (3) the ability of an applicant to repay the loan, taking into account
  the fuel cost savings likely to accrue to the applicant.
  (d) PRIORITIES- Priority shall be given under this section to fleets where
  the use of alternative fuels would have a significant beneficial effect
  on energy security and the environment.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section, $25,000,000 for each of
  the fiscal years 1993, 1994, and 1995.
TITLE V--AVAILABILITY AND USE OF REPLACEMENT FUELS, ALTERNATIVE FUELS,
AND ALTERNATIVE FUELED PRIVATE VEHICLES
SEC. 501. MANDATE FOR ALTERNATIVE FUEL PROVIDERS.
  (a) IN GENERAL- (1) The Secretary shall, before January 1, 1994, issue
  regulations requiring that of the new light duty motor vehicles acquired
  by a covered person described in paragraph (2), the following percentages
  shall be alternative fueled vehicles for the following model years:
  (A) 30 percent for model year 1996.
  (B) 50 percent for model year 1997.
  (C) 70 percent for model year 1998.
  (D) 90 percent for model year 1999 and thereafter.
  (2) For purposes of this section, a person referred to in paragraph (1) is--
  (A) a covered person whose principal business is producing, storing,
  refining, processing, transporting, distributing, importing, or selling
  at wholesale or retail any alternative fuel other than electricity;
  (B) a non-Federal covered person whose principal business is generating,
  transmitting, importing, or selling at wholesale or retail electricity; or
  (C) a covered person--
  (i) who produces, imports, or produces and imports in combination, an
  average of 50,000 barrels per day or more of petroleum; and
  (ii) a substantial portion of whose business is producing alternative fuels.
  (3)(A) In the case of a covered person described in paragraph (2) with more
  than one affiliate, division, or other business unit, only an affiliate,
  division, or business unit which is substantially engaged in the alternative
  fuels business (as determined by the Secretary by rule) shall be subject
  to this subsection.
  (B) No covered person or affiliate, division, or other business unit of
  such person whose principal business is--
  (i) transforming alternative fuels into a product that is not an alternative
  fuel; or
  (ii) consuming alternative fuels as a feedstock or fuel in the manufacture
  of a product that is not an alternative fuel,
shall be subject to this subsection.
  (4) The vehicles purchased pursuant to this section shall be operated
  solely on alternative fuels except when operating in an area where the
  appropriate alternative fuel is unavailable.
  (5) Regulations issued under paragraph (1) shall provide for the prompt
  exemption by the Secretary, through a simple and reasonable process, from
  the requirements of paragraph (1) of any covered person, in whole or in
  part, if such person demonstrates to the satisfaction of the Secretary that--
  (A) alternative fueled vehicles that meet the normal requirements and
  practices of the principal business of that person are not reasonably
  available for acquisition; or
  (B) alternative fuels that meet the normal requirements and practices of
  the principal business of that person are not available in the area in
  which the vehicles are to be operated.
  (b) REVISIONS AND EXTENSIONS- With respect to model years 1997 and
  thereafter, the Secretary may--
  (1) revise the percentage requirements under subsection (a)(1) downward,
  except that under no circumstances shall the percentage requirement for
  a model year be less than 20 percent; and
  (2) extend the time under subsection (a)(1) for up to 2 model years.
  (c) OPTION FOR ELECTRIC UTILITIES- The Secretary shall, within 1 year
  after the date of enactment of this Act, issue regulations requiring that,
  in the case of a covered person whose principal business is generating,
  transmitting, importing, or selling at wholesale or retail electricity, the
  requirements of subsection (a)(1) shall not apply until after December 31,
  1997, with respect to electric motor vehicles. Any covered person described
  in this subsection which plans to acquire electric motor vehicles to comply
  with the requirements of this section shall so notify the Secretary before
  January 1, 1996.
  (d) REPORT TO CONGRESS- The Secretary shall, before January 1, 1998, submit
  a report to the Congress providing detailed information on actions taken
  to carry out this section, and the progress made and problems encountered
  thereunder.
SEC. 502. REPLACEMENT FUEL SUPPLY AND DEMAND PROGRAM.
  (a) ESTABLISHMENT OF PROGRAM- The Secretary shall establish a program to
  promote the development and use in light duty motor vehicles of domestic
  replacement fuels. Such program shall promote the replacement of petroleum
  motor fuels with replacement fuels to the maximum extent practicable. Such
  program shall, to the extent practicable, ensure the availability of
  those replacement fuels that will have the greatest impact in reducing
  oil imports, improving the health of our Nation's economy and reducing
  greenhouse gas emissions.
  (b) DEVELOPMENT PLAN AND PRODUCTION GOALS- Under the program established
  under subsection (a), the Secretary, before October 1, 1993, in consultation
  with the Administrator, the Secretary of Transportation, the Secretary of
  Agriculture, the Secretary of Commerce, and the heads of other appropriate
  agencies, shall review appropriate information and--
  (1) estimate the domestic and nondomestic production capacity for replacement
  fuels and alternative fueled vehicles needed to implement this section;
  (2) determine the technical and economic feasibility of achieving the
  goals of producing sufficient replacement fuels to replace, on an energy
  equivalent basis--
  (A) at least 10 percent by the year 2000; and
  (B) at least 30 percent by the year 2010,
of the projected consumption of motor fuel in the United States for each such
year, with at least one half of such replacement fuels being domestic fuels;
  (3) determine the most suitable means and methods of developing and
  encouraging the production, distribution, and use of replacement fuels
  and alternative fueled vehicles in a manner that would meet the program
  goals described in subsection (a);
  (4) identify ways to encourage the development of reliable replacement
  fuels and alternative fueled vehicle industries in the United States, and
  the technical, economic, and institutional barriers to such development; and
  (5) determine the greenhouse gas emission implications of increasing the
  use of replacement fuels, including an estimate of the maximum feasible
  reduction in such emissions from the use of replacement fuels.
The Secretary shall publish in the Federal Register the results of actions
taken under this subsection, and provide for an opportunity for public comment.
SEC. 503. REPLACEMENT FUEL DEMAND ESTIMATES AND SUPPLY INFORMATION.
  (a) ESTIMATES- Not later than October 1, 1993, and annually thereafter,
  the Secretary, in consultation with the Administrator, the Secretary of
  Transportation, and other appropriate State and Federal officials, shall
  estimate for the following calendar year--
  (1) the number of each type of alternative fueled vehicle likely to be in
  use in the United States;
  (2) the probable geographic distribution of such vehicles;
  (3) the amount and distribution of each type of replacement fuel; and
  (4) the greenhouse gas emissions likely to result from replacement fuel use.
  (b) INFORMATION- Beginning on October 1, 1994, the Secretary shall annually
  require--
  (1) fuel suppliers to report to the Secretary on the amount of each type
  of replacement fuel that such supplier--
  (A) has supplied in the previous calendar year; and
  (B) plans to supply for the following calendar year;
  (2) suppliers of alternative fueled vehicles to report to the Secretary
  on the number of each type of alternative fueled vehicle that such supplier--
  (A) has made available in the previous calendar year; and
  (B) plans to make available for the following calendar year; and
  (3) such fuel suppliers to provide the Secretary information necessary to
  determine the greenhouse gas emissions from the replacement fuels used,
  taking into account the entire fuel cycle.
  (c) PROTECTION OF INFORMATION- Information provided to the Secretary under
  subsection (b) shall be subject to applicable provisions of law protecting
  the confidentiality of trade secrets and business and financial information,
  including section 1905 of title 18, United States Code.
SEC. 504. MODIFICATION OF GOALS; ADDITIONAL RULEMAKING AUTHORITY.
  (a) EXAMINATION OF GOALS- Within 3 years after the date of enactment of
  this Act, and periodically thereafter, the Secretary shall examine the
  goals established under section 502(b)(2), in the context of the program
  goals stated under section 502(a), to determine if the goals under section
  502(b)(2), including the applicable percentage requirements and dates,
  should be modified under this section. The Secretary shall publish in the
  Federal Register the results of each examination under this subsection
  and provide an opportunity for public comment.
  (b) MODIFICATION OF GOALS- If, after analysis of information obtained
  in connection with carrying out subsection (a) or section 502, or other
  information, and taking into account the determination of technical and
  economic feasibility made under section 502(b)(2), the Secretary determines
  that goals described in section 502(b)(2), including the percentage
  requirements or dates, are not achievable, the Secretary, in consultation
  with appropriate Federal agencies, shall, by rule, establish goals that are
  achievable, for purposes of this title. The modification of goals under this
  section may include changing the target dates specified in section 502(b)(2).
  (c) ADDITIONAL RULEMAKING AUTHORITY- If the Secretary determines that
  the achievement of goals described in section 502(b)(2) would result in a
  significant and correctable failure to meet the program goals described in
  section 502(a), the Secretary shall issue such additional regulations as
  are necessary to remedy such failure. The Secretary shall have no authority
  under this Act to mandate the production of alternative fueled vehicles or
  to specify, as applicable, the models, lines, or types of, or marketing or
  pricing practices, policies, or strategies for, vehicles subject to this
  Act. Nothing in this Act shall be construed to give the Secretary authority
  to mandate marketing or pricing practices, policies, or strategies for
  alternative fuels or to mandate the production or delivery of such fuels.
SEC. 505. VOLUNTARY SUPPLY COMMITMENTS.
  The Secretary shall, by January 1, 1994, and thereafter, undertake to
  obtain voluntary commitments in geographically diverse regions of the
  United States--
  (1) from fuel suppliers to make available to the public replacement fuels,
  including providing for the construction or availability of related fuel
  delivery systems;
  (2) from owners of 10 or more motor vehicles to acquire and use alternative
  fueled vehicles and alternative fuels; and
  (3) from suppliers of alternative fueled vehicles to make available to
  the public alternative fueled vehicles and to ensure the availability of
  necessary related services,
in sufficient volume to achieve the goals described in section 502(b)(2)
or as modified under section 504, and in order to meet any fleet requirement
program established by rule under this title. The Secretary shall periodically
report to the Congress on the results of efforts under this section. All
voluntary commitments obtained pursuant to this section shall be available
to the public, except to the extent provided in applicable provisions of law
protecting the confidentiality of trade secrets and business and financial
information, including section 1905 of title 18, United States Code.
SEC. 506. TECHNICAL AND POLICY ANALYSIS.
  (a) REQUIREMENT- Not later than March 1, 1995, and March 1, 1997, the
  Secretary shall prepare and transmit to the President and the Congress
  a technical and policy analysis under this section. The Secretary shall
  utilize the analytical capability and authorities of the Energy Information
  Administration and such other offices of the Department of Energy as the
  Secretary considers appropriate.
  (b) PURPOSES- The technical and policy analysis prepared under this section
  shall be based on the best available data and information obtainable by
  the Secretary under section 503, or otherwise, and on experience under this
  title and other provisions of law in the development and use of replacement
  fuels and alternative fueled vehicles, and shall evaluate--
  (1) progress made in achieving the goals described in section 502(b)(2),
  as modified under section 504;
  (2) the actual and potential role of replacement fuels and alternative fueled
  vehicles in significantly reducing United States reliance on imported oil
  to the extent of the goals referred to in paragraph (1); and
  (3) the actual and potential availability of various domestic replacement
  fuels and dedicated vehicles and dual fueled vehicles.
  (c) PUBLICATION- The Secretary shall publish a proposed version of each
  analysis under this section in the Federal Register for public comment
  before transmittal to the President and the Congress. Public comment
  received in response to such publication shall be preserved for use in
  rulemaking proceedings under section 507.
SEC. 507. FLEET REQUIREMENT PROGRAM.
  (a) FLEET PROGRAM PURCHASE GOALS- (1) Except as provided in paragraph
  (2), the following percentages of new light duty motor vehicles acquired
  in each model year for a fleet, other than a Federal fleet, State fleet,
  or fleet owned, operated, leased, or otherwise controlled by a covered
  person subject to section 501, shall be alternative fueled vehicles:
  (A) 20 percent of the motor vehicles acquired in model years 1999, 2000,
  and 2001;
  (B) 30 percent of the motor vehicles acquired in model year 2002;
  (C) 40 percent of the motor vehicles acquired in model year 2003;
  (D) 50 percent of the motor vehicles acquired in model year 2004;
  (E) 60 percent of the motor vehicles acquired in model year 2005; and
  (F) 70 percent of the motor vehicles acquired in model year 2006 and
  thereafter.
  (2) The Secretary may not establish percentage requirements higher than
  those described in paragraph (1). The Secretary may, if appropriate,
  and pursuant to a rule under subsection (b), establish a lesser percentage
  requirement for any model year. The Secretary may, by rule, establish a date
  later than 1998 (or model year 1999) for initiating the fleet requirements
  under paragraph (1).
  (3) The Secretary shall publish an advance notice of proposed rulemaking
  for the purpose of--
  (A) evaluating the progress toward achieving the goals of replacement fuel
  use described in section 502(b)(2), as modified under section 504;
  (B) identifying the problems associated with achieving those goals;
  (C) assessing the adequacy and practicability of those goals; and
  (D) considering all actions needed to achieve those goals.
The Secretary shall provide for at least 3 regional hearings on the advance
notice of proposed rulemaking, with respect to which official transcripts
shall be maintained. The comment period in connection with such advance notice
of proposed rulemaking shall be completed within 7 months after publication
of the advance notice.
  (4) After the completion of such advance notice of proposed rulemaking,
  the Secretary shall publish in the Federal Register a proposed rule for
  the rule required under subsection (b), and shall provide for a public
  comment period, with hearings, of not less than 90 days.
  (b) EARLY RULEMAKING- (1) Not earlier than 1 year after the date of the
  enactment of this Act, and after carrying out the requirements of subsection
  (a), the Secretary shall initiate a rulemaking to determine whether a fleet
  requirement program to begin in calendar year 1998 (when model year 1999
  begins), or such other later date as he may select pursuant to subsection
  (a), is necessary under this section. Such rule, consistent with subsection
  (a)(1), shall establish the annual applicable model year percentage. No
  rule under this subsection may be promulgated after December 15, 1996, and
  be enforceable. A fleet requirement program shall be considered necessary
  and a rule therefor shall be promulgated if the Secretary finds that--
  (A) the goal of replacement fuel use described in section 502(b)(2)(B),
  as modified under section 504, is not expected to be actually achieved
  by 2010, or such other date as is established under section 504, by
  voluntary means or pursuant to this title or any other law without such
  a fleet requirement program, taking into consideration the status of
  the achievement of the interim goal described in section 502(b)(2)(A),
  as modified under section 504;
  (B) such goal is practicable and actually achievable within periods specified
  in section 502(b)(2), as modified under section 504, through implementation
  of such a fleet requirement program in combination with voluntary means
  and the application of other programs relevant to achieving such goals; and
  (C) by 1998 (when model year 1999 begins) or the date specified by the
  Secretary in such rule for initiating a fleet requirement program--
  (i) there exists sufficient evidence to ensure that the fuel and the needed
  infrastructure, including the supply and deliverability systems, will be
  installed and located at convenient places in the fleet areas subject to
  the rule and will be fully operational when the rule is effective to offer a
  reliable and timely supply of the applicable alternative fuel at reasonable
  costs (as compared to conventional fuels) to meet the fleet requirement
  program, as demonstrated through use of the provisions of section 505(1)
  of this title regarding voluntary commitments or other adequate, reliable,
  and convincing forms of agreements, arrangements, or representations that
  such fuels and infrastructure are in existence or will exist when the rule
  is effective and will be expanded as the percentages increase annually;
  (ii) there will be a sufficient number of new alternative fueled vehicles
  from original equipment manufacturers that comply with all applicable
  requirements of the Clean Air Act and the National Traffic and Motor
  Vehicle Safety Act of 1966;
  (iii) such new vehicles will meet the applicable non-Federal and non-State
  fleet performance requirements of such fleets (including range, passenger
  or cargo-carrying capacity, reliability, refueling capability, vehicle mix,
  and economical operation and maintenance); and
  (iv) establishment of a fleet requirement program by rule under this
  subsection will not result in unfair competitive advantages or disadvantages,
  or result in undue economic hardship, to the affected fleets.
  (2) The Secretary shall not promulgate a rule under this subsection if he is
  unable to make affirmative findings in the case of each of the subparagraphs
  under paragraph (1), and each of the clauses under subparagraph (C) of
  paragraph (1).
  (3) If the Secretary does not determine that such program is necessary
  under this subsection, the provisions of subsection (e) shall apply to the
  consideration in the future of any fleet requirement program. The record of
  this rulemaking, including the Secretary's findings, shall be incorporated
  into a rulemaking under that subsection. If the Secretary determines under
  this subsection that such program is necessary, the Secretary shall not
  initiate the later rulemaking under subsection (e).
  (c) ADVANCE NOTICE OF PROPOSED RULEMAKING- Not later than April 1, 1998,
  the Secretary shall publish an advance notice of proposed rulemaking for
  the purpose of--
  (1) evaluating the progress toward achieving the goals of replacement fuel
  use described in section 502(b)(2), as modified under section 504;
  (2) identifying the problems associated with achieving those goals;
  (3) assessing the adequacy and practicability of those goals; and
  (4) considering all actions needed to achieve those goals.
The Secretary shall provide for at least 3 regional hearings on the advance
notice of proposed rulemaking, with respect to which official transcripts
shall be maintained. The comment period in connection with such advance notice
of proposed rulemaking shall be completed within 7 months after publication
of the advance notice.
  (d) PROPOSED RULE- Before May 1, 1999, the Secretary shall publish in the
  Federal Register a proposed rule for the rule required under subsection
  (g), and shall provide for a public comment period, with hearings, of not
  less than 90 days.
  (e) DETERMINATION- (1) Not later than January 1, 2000, the Secretary shall,
  through the rule required under subsection (g), determine whether a fleet
  requirement program is necessary under this section. Such a program shall
  be considered necessary and a rule therefor shall be promulgated if the
  Secretary finds that--
  (A) the goal of replacement fuel use described in section 502(b)(2)(B), as
  modified under section 504, is not expected to be actually achieved by 2010,
  or such other date as is established under section 504, by voluntary means
  or pursuant to this title or any other law without such a fleet requirement
  program, taking into consideration the status of the achievement of the
  interim goal described in section 502(b)(2)(A), as modified under section
  504; and
  (B) such goal is practicable and actually achievable within periods specified
  in section 502(b)(2), as modified under section 504, through implementation
  of such a fleet requirement program in combination with voluntary means
  and the application of other programs relevant to achieving such goals.
  (2) The rule under subsection (b) or (g) shall also modify the goal
  described in section 502(b)(2)(B) and establish a revised goal pursuant
  to section 504 if the Secretary determines, based on the proceeding
  required under subsection (a) or (c), that the goal in effect at the time
  of that proceeding is inadequate or impracticable, and not expected to be
  achievable. Such goal as modified and established shall be applicable in
  making the findings described in paragraph (1). If the Secretary modifies
  the goal under this paragraph, he may also modify the percentages stated in
  subsection (a)(1) or (g)(1) and the minimum percentage stated in subsection
  (a)(2) or (g)(2) shall be not less than 10 percent.
  (f) EXPLANATION OF DETERMINATION THAT FLEET REQUIREMENT PROGRAM IS NOT
  NECESSARY- If the Secretary determines, based on findings under subsection
  (b) or (e), that a fleet requirement program under this section is not
  necessary, the Secretary shall--
  (1) by December 15, 1996, with respect to a rulemaking under subsection
  (b); and
  (2) by January 1, 2000, with respect to a rulemaking under subsection (e),
publish such determination in the Federal Register as a final agency action,
including an explanation of the findings on which such determination is made
and the basis for the determination.
  (g) FLEET REQUIREMENT PROGRAM- (1) If the Secretary determines under
  subsection (e) that a fleet requirement program is necessary, the
  Secretary shall, by January 1, 2000, by rule require that, except as
  provided in paragraph (2), of the total number of new light duty motor
  vehicles acquired for a fleet, other than a Federal fleet, State fleet,
  or fleet owned, operated, leased, or otherwise controlled by a covered
  person under section 501--
  (A) 20 percent of the motor vehicles acquired in model year 2002;
  (B) 40 percent of the motor vehicles acquired in model year 2003;
  (C) 60 percent of the motor vehicles acquired in model year 2004; and
  (D) 70 percent of the motor vehicles acquired in model year 2005 and
  thereafter,
shall be alternative fueled vehicles.
  (2) The Secretary may not establish percentage requirements higher than
  those described in paragraph (1). The Secretary may, if appropriate, and
  pursuant to a rule under subsection (g), establish a lesser percentage
  requirement for any model year. The Secretary may, by rule, establish
  a date later than 2002 (when model year 2003 begins) for initiating the
  fleet requirements under paragraph (1).
  (3) Nothing in this title shall be construed as requiring any fleet to
  acquire alternative fueled vehicles or alternative fuels that do not meet
  the normal business requirements and practices and needs of that fleet.
  (4) A vehicle operating only on gasoline that complies with applicable
  requirements of the Clean Air Act shall not be considered an alternative
  fueled vehicle under subsection (b) or this subsection, except that the
  Secretary, as part of the rule under subsection (b) or this subsection,
  may determine that such vehicle should be treated as an alternative fueled
  vehicle for purposes of this section, for fleets subject to part C of
  title II of the Clean Air Act, taking into consideration the impact on
  energy security and the goals stated in section 502(a).
  (h) EXTENSION OF DEADLINES- The Secretary may, by notice published in the
  Federal Register, extend the deadlines established under subsections (e),
  (f)(2), and (g) for an additional 90 days if the Secretary is unable to
  meet such deadlines. Such extension shall not be reviewable.
  (i) EXEMPTIONS- (1) A rule issued under subsection (b), (g), or (o) shall
  provide for the prompt exemption by the Secretary, through a simple and
  reasonable process, of any fleet from the requirements of subsection (b),
  (g), or (o), in whole or in part, if it is demonstrated to the satisfaction
  of the Secretary that--
  (A) alternative fueled vehicles that meet the normal requirements and
  practices of the principal business of the fleet owner are not reasonably
  available for acquisition;
  (B) alternative fuels that meet the normal requirements and practices of
  the principal business of the fleet owner are not available in the area
  in which the vehicles are to be operated; or
  (C) in the case of State and local government entities, the application
  of such requirements would pose an unreasonable financial hardship.
  (2) In the case of private fleets, if the motor vehicles, when under normal
  operations, are garaged at personal residences at night, such motor vehicles
  shall be exempt from the requirements of subsections (b) and (g).
  (j) CONVERSIONS- Nothing in this title or the amendments made by this
  title shall require a fleet owner to acquire conversion vehicles.
  (k) INCLUSION OF LAW ENFORCEMENT VEHICLES AND URBAN BUSES- (1) If the
  Secretary determines, by rule, that the inclusion of fleets of law
  enforcement motor vehicles in the fleet requirement program established
  under subsection (g) would contribute to achieving the goal described in
  section 502(b)(2)(B), as modified under section 504, and the Secretary
  finds that such inclusion would not hinder the use of the motor vehicles
  for law enforcement purposes, the Secretary may include such fleets in such
  program. The Secretary may only initiate one rulemaking under this paragraph.
  (2) If the Secretary determines, by rule, that the inclusion of new
  urban buses, as defined by the Administrator under title II of the Clean
  Air Act, in a fleet requirement program established under subsection (g)
  would contribute to achieving the goal described in section 502(b)(2)(B),
  as modified under section 504, the Secretary may include such urban buses in
  such program, if the Secretary finds that such application will be consistent
  with energy security goals and the needs and objectives of encouraging and
  facilitating the greater use of such urban buses by the public, taking into
  consideration the impact of such application on public transit entities. The
  Secretary may only initiate one rulemaking under this paragraph.
  (3) Rulemakings under paragraph (1) or (2) shall be separate from a
  rulemaking under subsection (g), but may not occur unless a rulemaking is
  carried out under subsection (g).
  (l) CONSIDERATION OF FACTORS- In carrying out this section, the Secretary
  shall take into consideration energy security, costs, safety, lead time
  requirements, vehicle miles traveled annually, effect on greenhouse gases,
  technological feasibility, energy requirements, economic impacts, including
  impacts on workers and the impact on consumers (including users of the
  alternative fuel for purposes such as for residences, agriculture, process
  use, and non-fuel purposes) and fleets, the availability of alternative
  fuels and alternative fueled vehicles, and other relevant factors.
  (m) CONSULTATION AND PARTICIPATION OF OTHER FEDERAL AGENCIES- In carrying
  out this section and section 506, the Secretary shall consult with the
  Secretary of Transportation, the Administrator, and other appropriate
  Federal agencies. The Secretary shall provide for the participation of
  the Secretary of Transportation and the Administrator in the development
  and issuance of the rule under this section, including the public process
  concerning such rule.
  (n) PETITIONS- As part of the rule promulgated either pursuant to subsection
  (b) or (g) of this section, the Secretary shall establish procedures for any
  fleet owner or operator or motor vehicle manufacturer to request that the
  Secretary modify or suspend a fleet requirement program established under
  either subsection nationally, by region, or in an applicable fleet area
  because, as demonstrated by the petitioner, the infrastructure or fuel supply
  or distribution system for an applicable alternative fuel is inadequate to
  meet the needs of a fleet. In the event that the Secretary determines that
  a modification or suspension of the fleet requirement program on a regional
  basis would detract from the nationwide character of any fleet requirement
  program established by rule or would sufficiently diminish the economies
  of scale for the production of alternative fueled vehicles or alternative
  fuels and thereafter the practicability and effectiveness of such program,
  the Secretary may only modify or suspend the program nationally. The
  procedures shall include provisions for notice and public hearings. The
  Secretary shall deny or grant the petition within 180 days after filing.
  (o) MANDATORY STATE FLEET PROGRAMS- (1) Pursuant to a rule promulgated
  by the Secretary, beginning in calendar year 1995 (when model year 1996
  begins), the following percentages of new light duty motor vehicles acquired
  annually for State government fleets, including agencies thereof, but not
  municipal fleets, shall be alternative fueled vehicles:
  (A) 10 percent of the motor vehicles acquired in model year 1996;
  (B) 15 percent of the motor vehicles acquired in model year 1997;
  (C) 25 percent of the motor vehicles acquired in model year 1998;
  (D) 50 percent of the motor vehicles acquired in model year 1999;
  (E) 75 percent of the motor vehicles acquired in model year 2000 and
  thereafter.
  (2)(A) The Secretary shall within 18 months after the date of the
  enactment of this Act promulgate a rule providing that a State may submit
  a plan within 12 months after such promulgation containing a light duty
  alternative fueled vehicle plan for State fleets to meet the annual
  percentages established under paragraph (1) for the acquisition of light
  duty motor vehicles. The plan shall provide for the voluntary conversion
  or acquisition or combination thereof, beyond any acquisition required
  by this title, of such motor vehicles by State, local, or private fleets,
  in numbers greater than or equal to the number of State alternative fueled
  vehicles required pursuant to paragraph (1).
  (B) The plan, if approved by the Secretary, would be in lieu of the State
  meeting such annual percentages solely through purchases of new State-owned
  vehicles. All conversions or acquisitions or combinations thereof of any
  alternative fueled vehicles under the plan must be voluntary and must
  conform with the requirements of section 247 of the Clean Air Act and must
  comply with applicable safety requirements. The Secretary of Transportation
  shall within 3 years after enactment promulgate rules setting forth safety
  standards in accordance with the National Traffic and Motor Vehicle Safety
  Act of 1966 applicable to all conversions.
SEC. 508. CREDITS.
  (a) IN GENERAL- The Secretary shall allocate a credit to a fleet or covered
  person that is required to acquire an alternative fueled vehicle under this
  title, if that fleet or person acquires an alternative fueled vehicle in
  excess of the number that fleet or person is required to acquire under this
  title or acquires an alternative fueled vehicle before the date that fleet or
  person is required to acquire an alternative fueled vehicle under such title.
  (b) ALLOCATION- In allocating credits under subsection (a), the Secretary
  shall allocate one credit for each alternative fueled vehicle the fleet
  or covered person acquires that exceeds the number of alternative fueled
  vehicles that fleet or person is required to acquire under this title
  or that is acquired before the date that fleet or person is required to
  acquire an alternative fueled vehicle under such title. In the event that
  a vehicle is acquired before the date otherwise required, the Secretary
  shall allocate one credit per vehicle for each year the vehicle is acquired
  before the required date. The credit shall be allocated for the same type
  vehicle as the excess vehicle or earlier acquired vehicle.
  (c) USE OF CREDITS- At the request of a fleet or covered person allocated
  a credit under this section, the Secretary shall treat the credit as the
  acquisition of one alternative fueled vehicle of the type for which the
  credit is allocated in the year designated by that fleet or person when
  determining whether that fleet or person has complied with this title in the
  year designated. A credit may be counted toward compliance for only one year.
  (d) TRANSFERABILITY- A fleet or covered person allocated a credit under
  this section or to whom a credit is transferred under this section, may
  transfer freely the credit to another fleet or person who is required to
  comply with this title. At the request of the fleet or person to whom a
  credit is transferred, the Secretary shall treat the transferred credit as
  the acquisition of one alternative fueled vehicle of the type for which the
  credit is allocated in the year designated by the fleet or person to whom
  the credit is transferred when determining whether that fleet or person has
  complied with this title in the year designated. A transferred credit may be
  counted toward compliance for only one year. In the case of the alternative
  fuel provider program under section 501, a transferred credit may be counted
  toward compliance only if the requirement of section 501(a)(4) is met.
SEC. 509. SECRETARY'S RECOMMENDATIONS TO CONGRESS.
  (a) RECOMMENDATIONS TO REQUIRE AVAILABILITY OR ACQUISITION- If the Secretary
  determines, under section 507(f), that a fleet requirement program under
  section 507 is not necessary, the Secretary shall so notify the Congress. If
  the Secretary so notifies the Congress, the Secretary shall, within 2 years
  after such notification and by rule, prepare and submit to the Congress
  recommendations for requirements or incentives for--
  (1) fuel suppliers to make available to the public replacement fuels,
  including providing for the construction or availability of related fuel
  delivery systems;
  (2) suppliers of alternative fueled vehicles to make available to the
  public alternative fueled vehicles and to ensure the availability of
  necessary related services; and
  (3) motor vehicle drivers to use replacement fuels,
to the extent necessary to achieve such goals of replacement fuel use and to
ensure that the availability of alternative fuels and of alternative fueled
vehicles are consistent with each other.
  (b) FAIR AND EQUITABLE APPLICATION- In carrying out this section, the
  Secretary shall recommend the imposition of requirements proportionately on
  all appropriate fuel suppliers and purchasers of motor fuels and suppliers
  and purchasers of motor vehicles in a fair and equitable manner.
SEC. 510. EFFECT ON OTHER LAWS.
  (a) IN GENERAL- Nothing in this Act or the amendments made by this Act
  shall be construed to alter, affect, or modify the provisions of the Clean
  Air Act, or regulations issued thereunder.
  (b) COMPLIANCE BY ALTERNATIVE FUELED VEHICLES- Alternative fueled vehicles,
  whether dedicated vehicles or dual fueled vehicles, and the alternative
  fuels for operating such vehicles, shall comply with requirements of the
  Clean Air Act applicable to such vehicles and fuels.
SEC. 511. PROHIBITED ACTS.
  It shall be unlawful for any person to violate any provision of section 501,
  503(b), or 507, or any regulation issued under such sections.
SEC. 512. ENFORCEMENT.
  (a) Whoever violates section 511 shall be subject to a civil penalty of
  not more than $5,000 for each violation.
  (b) Whoever willfully violates section 511 shall be fined not more than
  $10,000 for each violation.
  (c) Any person who knowingly and willfully violates section 511 after
  having been subjected to a civil penalty for a prior violation of section
  511 shall be fined not more than $50,000.
SEC. 513. POWERS OF THE SECRETARY.
  For the purpose of carrying out title III, title IV, this title, and
  title VI, the Secretary, or the duly designated agent of the Secretary,
  may hold such hearings, take such testimony, sit and act at such times
  and places, administer such oaths, and require, by subpena, the attendance
  and testimony of such witnesses and the production of such books, papers,
  correspondence, memorandums, contracts, agreements, or other records as
  the Secretary of Transportation is authorized to do under section 505(b)(1)
  of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2005(b)(1)).
SEC. 514. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the Secretary for carrying out
  this title $10,000,000 for each of the fiscal years 1993 through 1997,
  and such sums as may be necessary for fiscal years 1998 through 2000.
TITLE VI--ELECTRIC MOTOR VEHICLES
SEC. 601. DEFINITIONS.
  For the purposes of this title--
  (1) the term `antitrust laws' means the Acts set forth in section 1 of
  the Clayton Act (15 U.S.C. 12);
  (2) the term `associated equipment' means equipment necessary for the
  regeneration, refueling, or recharging of batteries or other forms of
  electric energy used to power an electric motor vehicle and, in the case of
  electric-hybrid vehicles, such term includes nonpetroleum-related equipment
  necessary for, and solely related to, the demonstration of such vehicles;
  (3) the term `discount payment' means the amount determined pursuant to
  section 613 of this title;
  (4) the term `electric motor vehicle' means a motor vehicle primarily
  powered by an electric motor that draws current from rechargeable storage
  batteries, fuel cells, photovoltaic arrays, or other sources of electric
  current and may include an electric-hybrid vehicle;
  (5) the term `electric-hybrid vehicle' means a vehicle primarily powered by
  an electric motor that draws current from rechargeable storage batteries,
  fuel cells, or other source of electric current and also relies on a
  non-electric source of power;
  (6) the term `eligible metropolitan area' means any Metropolitan Area
  (as such term is defined by the Office of Management and Budget pursuant
  to section 3504 of title 44, United States Code) with a 1980 population of
  250,000 or more that has been designated by a proposer and the Secretary
  for a demonstration project under this title, except that the Secretary may
  designate an area with a 1990 population of 50,000 or more as an eligible
  metropolitan area;
  (7) the term `infrastructure and support systems' includes support and
  maintenance services and facilities, electricity delivery mechanisms and
  methods, regulatory treatment of investment in electric motor vehicles
  and associated equipment, consumer education programs, safety and health
  procedures, and battery availability, replacement, recycling, and disposal,
  that may be required to enable electric utilities, manufacturers, and
  others to support the operation and maintenance of electric motor vehicles
  and associated equipment;
  (8) the term `motor vehicle' has the meaning given such term under section
  216(2) of the Clean Air Act (42 U.S.C. 7550(2));
  (9) the term `non-Federal person' means an entity not part of the Federal
  Government that is either--
  (A) organized under the laws of the United States or the laws of a State
  of the United States; or
  (B) a unit of State or local government;
  (10) the term `proposer' means a non-Federal person that submits a proposal
  to conduct a demonstration project under this title;
  (11) the term `price differential' means--
  (A) in the case of a purchased electric motor vehicle, the difference
  between the manufacturer's suggested retail price of such electric motor
  vehicle and the manufacturer's suggested retail price of a comparable
  conventionally fueled motor vehicle; and
  (B) in the case of a leased electric motor vehicle, the difference between
  the monthly lease payment of such electric motor vehicle over the life
  of the lease and the monthly lease payment of a comparable conventionally
  fueled motor vehicle over the life of the lease; and
  (12) the term `user' means a person or entity that purchases or leases an
  electric motor vehicle.
Subtitle A--Electric Motor Vehicle Commercial Demonstration Program
SEC. 611. PROGRAM AND SOLICITATION.
  (a) PROGRAM- The Secretary shall conduct a program to demonstrate electric
  motor vehicles and the associated equipment of such vehicles, in consultation
  with the Electric and Hybrid Vehicle Program Site Operators, manufacturers,
  the electric utility industry, and such other persons as the Secretary
  considers appropriate. Such program shall be--
  (1) designed to accelerate the development and use of electric motor
  vehicles; and
  (2) structured to evaluate the performance of such electric motor vehicles
  in field operation, including fleet operation, and evaluate the necessary
  supporting infrastructure.
  (b) SOLICITATION- (1) Not later than 18 months after the date of enactment
  of this Act, the Secretary shall solicit proposals to demonstrate electric
  motor vehicles and associated equipment in one or more eligible metropolitan
  areas. The Secretary may make additional solicitations for proposals if
  the Secretary determines that such solicitations are necessary to carry
  out this subtitle.
  (2)(A) Solicitations for proposals under this subsection shall require
  the proposer to include a description, including the manufacturer or
  manufacturers of the electric motor vehicles; the proposed users of the
  electric motor vehicles; the eligible metropolitan area or areas involved;
  the number of electric motor vehicles to be demonstrated and their type,
  characteristics, and life-cycle costs; the price differential; the proposed
  discount payment; the contributions of State or local governments and other
  persons to the demonstration project; the type of associated equipment to
  be demonstrated; the domestic content of the electric motor vehicles and
  associated equipment; and any other information the Secretary considers
  appropriate.
  (B) If the proposal includes a lease arrangement, the proposal shall indicate
  the terms of such lease arrangement for the electric motor vehicles or
  associated equipment.
  (3) The solicitation for proposals under this subsection shall establish
  a closing date for receipt of proposals. The Secretary may, if necessary,
  extend the closing date for receipt of proposals for a period not to exceed
  90 days.
SEC. 612. SELECTION OF PROPOSALS.
  (a) SELECTION- (1) The Secretary, in consultation with the Secretary of
  Transportation, the Secretary of Commerce, and the Administrator of the
  Environmental Protection Agency, shall, not later than 120 days after the
  closing date, as established by the Secretary, for receipt of proposals
  under section 611, select at least one, but not more than 10, proposals
  to receive financial assistance under section 613.
  (2) The Secretary may select more than 10 proposals under this section,
  if the Secretary determines that the total amount of available funds is
  not likely to be otherwise utilized.
  (3) Any proposal selected under paragraph (1) must satisfy the limitations
  set forth in section 613(c).
  (4) No one project selected under this section shall receive more than 25
  percent of the funds authorized under section 616.
  (5) A demonstration project may not include electric motor vehicles in more
  than one eligible metropolitan area, unless the total number of electric
  motor vehicles in that project is equal to, or greater than, 100.
  (b) CRITERIA- In selecting a proposal and in negotiating financial assistance
  under this section, the Secretary shall consider--
  (1) the ability of the manufacturer, directly, indirectly, or in combination
  with the proposer, to develop, assist in the demonstration of, manufacture,
  distribute, sell, provide warranties for, service, and ensure the continued
  availability of parts for, electric motor vehicles in the demonstration
  project;
  (2) the geographic and climatic diversity of the eligible metropolitan
  area or areas in which the demonstration project is to be undertaken,
  when considered in combination with other proposals and other selected
  demonstration projects;
  (3) the long-term technical and competitive viability of the electric
  motor vehicles;
  (4) the suitability of the electric motor vehicles for their intended uses;
  (5) the environmental effects of the use of the proposed electric motor
  vehicles;
  (6) the price differential and the proposed discount payment;
  (7) the extent of involvement of State or local government and other
  persons in the demonstration project, and whether such involvement will--
  (A) permit a reduction of the Federal cost share per vehicle; or
  (B) otherwise be used to allow the Federal contribution to be provided
  for a greater number of electric motor vehicles;
  (8) the proportion of domestic content of the electric motor vehicles and
  associated equipment;
  (9) the safety of the electric motor vehicles; and
  (10) such other criteria as the Secretary considers appropriate.
  (c) CONDITIONS- The Secretary shall require that--
  (1) as a part of a demonstration project, the user or users of the electric
  motor vehicles will provide to the proposer and the manufacturer information
  regarding the operation, maintenance, performance, and use of the electric
  motor vehicles for 5 years after the beginning of the demonstration project;
  (2) the proposer shall provide to the Secretary such information regarding
  the operation, maintenance, performance, and use of the electric motor
  vehicles as the Secretary may request during the period of the demonstration
  project;
  (3) in the case of a demonstration project including automobiles or light
  duty trucks, the number of electric motor vehicles to be included in the
  demonstration project shall be no less than 50, except that the Secretary may
  select a demonstration project with fewer than 50 electric motor vehicles
  if the Secretary determines that selection of such a proposal will ensure
  that there is geographic or climatic diversity among the proposals selected
  and that an adequate demonstration to accelerate the development and use
  of electric motor vehicles can be undertaken with fewer than 50 electric
  motor vehicles; and
  (4) the procurement practices of the manufacturer do not discriminate
  against United States producers of vehicle parts.
SEC. 613. DISCOUNT PAYMENTS.
  (a) CERTIFICATION- The Secretary shall provide a discount payment to
  a proposer of a proposal selected under this subtitle for purposes of
  reimbursing the proposer for a discount provided to the users if the
  proposer certifies to the Secretary that--
  (1) the electric motor vehicles have been purchased or leased by a user
  or users in accordance with the requirements of this subtitle; and
  (2) the proposer has provided to the user or users a discount payment in
  accordance with the requirements of this subtitle.
  (b) PAYMENT- Not later than 30 days after receipt from the proposer of
  certification that the Secretary determines satisfies the requirements of
  subsection (a), the Secretary shall pay to the proposer the full amount of
  the discount payment, to the extent provided in advance in appropriations
  Acts.
  (c) CALCULATIONS OF DISCOUNT PAYMENTS- (1) The discount payment shall be
  no greater than--
  (A) the price differential; or
  (B) the price of the comparable conventionally fueled motor vehicle.
  (2) The purchase price of the electric motor vehicle, less the discount
  payment and less any additional reduction in the purchase price of the
  electric motor vehicle that may result from contributions provided by
  other parties, may not be less than the manufacturer's suggested retail
  price of a comparable conventionally fueled motor vehicle.
  (3) The maximum discount payment shall be no greater than $10,000 per
  electric motor vehicle.
SEC. 614. COST-SHARING.
  (a) REQUIREMENT- The Secretary shall require at least 50 percent of the
  costs directly and specifically related to any project under this subtitle
  to be from non-Federal sources. Such share may be in the form of cash,
  personnel, services, equipment, and other resources.
  (b) REDUCTION- The Secretary may reduce the amount of costs required to
  be provided by non-Federal sources under subsection (a) if the Secretary
  determines that the reduction is necessary and appropriate--
  (1) considering the technological risks involved in the project; and
  (2) in order to meet the objectives of this subtitle.
SEC. 615. REPORTS TO CONGRESS.
  (a) PROGRESS REPORTS- The Secretary shall report annually to Congress on
  the progress being made, through demonstration projects supported under this
  subtitle, to accelerate the development and use of electric motor vehicles.
  (b) REPORT ON ENCOURAGING THE PURCHASE AND USE OF ELECTRIC MOTOR VEHICLES-
  Within 18 months after the date of enactment of this Act, the Secretary
  shall submit to the Congress a report on methods for encouraging the
  purchase and use of electric motor vehicles. Such report shall--
  (1) address the potential cost of purchasing and maintaining electric
  motor vehicles, including the initial cost of the batteries and the cost
  of replacement batteries;
  (2) identify methods for reducing, subsidizing, or sharing such costs; and
  (3) include recommendations for legislative and administrative measures
  to encourage the purchase and use of electric motor vehicles.
SEC. 616. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the Secretary for purposes
  of this subtitle $50,000,000 for the 10-year period beginning with the
  first full fiscal year after the date of enactment of this Act, to remain
  available until expended.
Subtitle B--Electric Motor Vehicle Infrastructure and Support Systems
Development Program
SEC. 621. GENERAL AUTHORITY.
  (a) PROGRAM- The Secretary shall undertake a program with one or more
  non-Federal persons, including fleet operators, for cost-shared research,
  development, demonstration, or commercial application of an infrastructure
  and support systems program.
  (b) ELIGIBILITY- A non-Federal person shall be eligible to receive financial
  assistance under this subtitle only if such person demonstrates, to the
  satisfaction of the Secretary, that the person will conduct a substantial
  portion of activities under the project in the United States using domestic
  labor and materials.
  (c) COORDINATION- Activities under this subtitle shall be coordinated with
  activities under subtitle A.
SEC. 622. PROPOSALS.
  (a) SOLICITATION- Not later than one year after the date of enactment of
  this Act, the Secretary shall solicit proposals from non-Federal persons,
  including fleet operators, for projects under this subtitle. Within 240 days
  after proposals have been solicited, the Secretary shall select proposals.
  (b) CRITERIA- (1) The Secretary shall provide financial assistance to no
  more than 10 projects under this subtitle, unless the Secretary determines
  that the total amount of available funds is not likely to be otherwise used.
  (2) The proposals selected by the Secretary shall, to the extent practicable,
  represent geographically and climatically diverse regions of the United
  States.
  (3) The aggregate Federal financial assistance for each project under this
  subtitle may not exceed $4,000,000.
  (c) PROJECTS- The infrastructure and support systems programs for which
  projects are selected under this subtitle may address--
  (1) the ability to service electric motor vehicles and to provide or
  service associated equipment;
  (2) the installation of charging facilities;
  (3) rates and cost recovery for electric utilities who invest in
  infrastructure capital-related expenditures;
  (4) the development of safety and health procedures and guidelines related
  to battery charging, watering, and emissions;
  (5) the conduct of information dissemination programs; and
  (6) such other subjects as the Secretary considers necessary in order
  to address the infrastructure and support systems needed to support the
  development and use of energy storage technologies, including advanced
  batteries, and the demonstration of electric motor vehicles.
SEC. 623. PROTECTION OF PROPRIETARY INFORMATION.
  (a) IN GENERAL- In the case of activities, including joint venture
  activities, under this title, and in the case of any existing or future
  activities, including joint venture activities, related primarily to battery
  technology for electric motor vehicles under other provisions of law, where
  the knowledge resulting from research and development activities conducted
  pursuant to such activities, including joint venture activities, is for
  the benefit of the participants (particularly domestic companies) that
  provide financial resources to a project under this title, the Secretary,
  for a period of up to 5 years after the development of information that--
  (1) results from research and development activities conducted under this
  title; and
  (2) would be a trade secret or commercial or financial information that
  is privileged or confidential if the information had been obtained from
  a participant,
shall, notwithstanding any other provision of law, provide appropriate
protections against the dissemination of such information to the public,
and the provisions of section 1905 of title 18, United States Code, shall
apply to such information. Nothing in this subsection provides protections
against the dissemination of such information to Congress.
  (b) DEFINITION- For purposes of subsection (a), the term `domestic companies'
  means entities which are substantially involved in the United States in the
  domestic production of motor vehicles for sale in the United States and have
  a substantial percentage of their production facilities in the United States.
SEC. 624. COMPLIANCE WITH EXISTING LAW.
  Nothing in this title shall be deemed to convey to any person, partnership,
  corporation, or other entity, immunity from civil or criminal liability under
  any antitrust law or to create defenses to actions under any antitrust law.
SEC. 625. ELECTRIC UTILITY PARTICIPATION STUDY.
  The Secretary, in consultation with appropriate Federal agencies,
  representatives of State regulatory commissions and electric utilities,
  and such other persons as the Secretary considers appropriate, shall
  undertake or cause to have undertaken a study to determine the means
  by which electric utilities may invest in, own, sell, lease, service,
  or recharge batteries used to power electric motor vehicles.
SEC. 626. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the Secretary for purposes
  of this subtitle $40,000,000 for the 5-year period beginning with the
  first full fiscal year after the date of enactment of this Act, to remain
  available until expended.
TITLE VII--ELECTRICITY
Subtitle A--Exempt Wholesale Generators
SEC. 711. PUBLIC UTILITY HOLDING COMPANY ACT REFORM.
  The Public Utility Holding Company Act of 1935 (15 U.S.C. 79 and following)
  is amended by redesignating sections 32 and 33 as sections 34 and 35
  respectively and by adding the following new section after section 31:
`SEC. 32. EXEMPT WHOLESALE GENERATORS.
  `(a) DEFINITIONS- For purposes of this section--
  `(1) EXEMPT WHOLESALE GENERATOR- The term `exempt wholesale generator'
  means any person determined by the Federal Energy Regulatory Commission
  to be engaged directly, or indirectly through one or more affiliates as
  defined in section 2(a)(11)(B), and exclusively in the business of owning
  or operating, or both owning and operating, all or part of one or more
  eligible facilities and selling electric energy at wholesale. No person
  shall be deemed to be an exempt wholesale generator under this section
  unless such person has applied to the Federal Energy Regulatory Commission
  for a determination under this paragraph. A person applying in good faith
  for such a determination shall be deemed an exempt wholesale generator
  under this section, with all of the exemptions provided by this section,
  until the Federal Energy Regulatory Commission makes such determination. The
  Federal Energy Regulatory Commission shall make such determination within
  60 days of its receipt of such application and shall notify the Commission
  whenever a determination is made under this paragraph that any person is
  an exempt wholesale generator. Not later than 12 months after the date of
  enactment of this section, the Federal Energy Regulatory Commission shall
  promulgate rules implementing the provisions of this paragraph. Applications
  for determination filed after the effective date of such rules shall be
  subject thereto.
  `(2) ELIGIBLE FACILITY- The term `eligible facility' means a facility,
  wherever located, which is either--
  `(A) used for the generation of electric energy exclusively for sale at
  wholesale, or
  `(B) used for the generation of electric energy and leased to one or more
  public utility companies; Provided, That any such lease shall be treated
  as a sale of electric energy at wholesale for purposes of sections 205
  and 206 of the Federal Power Act.
Such term shall not include any facility for which consent is required
under subsection (c) if such consent has not been obtained. Such term
includes interconnecting transmission facilities necessary to effect a sale
of electric energy at wholesale. For purposes of this paragraph, the term
`facility' may include a portion of a facility subject to the limitations
of subsection (d) and shall include a facility the construction of which
has not been commenced or completed.
  `(3) SALE OF ELECTRIC ENERGY AT WHOLESALE- The term `sale of electric
  energy at wholesale' shall have the same meaning as provided in section
  201(d) of the Federal Power Act (16 U.S.C. 824(d)).
  `(4) RETAIL RATES AND CHARGES- The term `retail rates and charges' means
  rates and charges for the sale of electric energy directly to consumers.
  `(b) FOREIGN RETAIL SALES- Notwithstanding paragraphs (1) and (2) of
  subsection (a), retail sales of electric energy produced by a facility
  located in a foreign country shall not prevent such facility from being an
  eligible facility, or prevent a person owning or operating, or both owning
  and operating, such facility from being an exempt wholesale generator if
  none of the electric energy generated by such facility is sold to consumers
  in the United States.
  `(c) STATE CONSENT FOR EXISTING RATE-BASED FACILITIES- If a rate or charge
  for, or in connection with, the construction of a facility, or for electric
  energy produced by a facility (other than any portion of a rate or charge
  which represents recovery of the cost of a wholesale rate or charge) was
  in effect under the laws of any State as of the date of enactment of this
  section, in order for the facility to be considered an eligible facility,
  every State commission having jurisdiction over any such rate or charge
  must make a specific determination that allowing such facility to be an
  eligible facility (1) will benefit consumers, (2) is in the public interest,
  and (3) does not violate State law; Provided, That in the case of such a
  rate or charge which is a rate or charge of an affiliate of a registered
  holding company:
  `(A) such determination with respect to the facility in question shall be
  required from every State commission having jurisdiction over the retail
  rates and charges of the affiliates of such registered holding company; and
  `(B) the approval of the Commission under this Act shall not be required
  for the transfer of the facility to an exempt wholesale generator.
  `(d) HYBRIDS- (1) No exempt wholesale generator may own or operate a portion
  of any facility if any other portion of the facility is owned or operated
  by an electric utility company that is an affiliate or associate company
  of such exempt wholesale generator.
  `(2) ELIGIBLE FACILITY- Notwithstanding paragraph (1), an exempt wholesale
  generator may own or operate a portion of a facility identified in paragraph
  (1) if such portion has become an eligible facility as a result of the
  operation of subsection (c).
  `(e) EXEMPTION OF EWGS- An exempt wholesale generator shall not be considered
  an electric utility company under section 2(a)(3) of this Act and, whether
  or not a subsidiary company, an affiliate, or an associate company of a
  holding company, an exempt wholesale generator shall be exempt from all
  provisions of this Act.
  `(f) OWNERSHIP OF EWGS BY EXEMPT HOLDING COMPANIES- Notwithstanding any
  provision of this Act, a holding company that is exempt under section 3 of
  this Act shall be permitted, without condition or limitation under this
  Act, to acquire and maintain an interest in the business of one or more
  exempt wholesale generators.
  `(g) OWNERSHIP OF EWGS BY REGISTERED HOLDING COMPANIES- Notwithstanding
  any provision of this Act and the Commission's jurisdiction as provided
  under subsection (h) of this section, a registered holding company shall
  be permitted (without the need to apply for, or receive, approval from the
  Commission, and otherwise without condition under this Act) to acquire
  and hold the securities, or an interest in the business, of one or more
  exempt wholesale generators.
  `(h) FINANCING AND OTHER RELATIONSHIPS BETWEEN EWGS AND REGISTERED HOLDING
  COMPANIES- The issuance of securities by a registered holding company for
  purposes of financing the acquisition of an exempt wholesale generator,
  the guarantee of securities of an exempt wholesale generator by a registered
  holding company, the entering into service, sales or construction contracts,
  and the creation or maintenance of any other relationship in addition to
  that described in subsection (g) between an exempt wholesale generator
  and a registered holding company, its affiliates and associate companies,
  shall remain subject to the jurisdiction of the Commission under this Act:
  Provided, That--
  `(1) section 11 of this Act shall not prohibit the ownership of an interest
  in the business of one or more exempt wholesale generators by a registered
  holding company (regardless of where facilities owned or operated by
  such exempt wholesale generators are located), and such ownership by a
  registered holding company shall be deemed consistent with the operation
  of an integrated public utility system;
  `(2) the ownership of an interest in the business of one or more exempt
  wholesale generators by a registered holding company (regardless of where
  facilities owned or operated by such exempt wholesale generators are located)
  shall be considered as reasonably incidental, or economically necessary
  or appropriate, to the operations of an integrated public utility system;
  `(3) in determining whether to approve (A) the issue or sale of a security
  by a registered holding company for purposes of financing the acquisition
  of an exempt wholesale generator, or (B) the guarantee of a security of an
  exempt wholesale generator by a registered holding company, the Commission
  shall not make a finding that such security is not reasonably adapted to
  the earning power of such company or to the security structure of such
  company and other companies in the same holding company system, or that
  the circumstances are such as to constitute the making of such guarantee
  an improper risk for such company, unless the Commission first finds
  that the issue or sale of such security, or the making of the guarantee,
  would have a substantial adverse impact on the financial integrity of the
  registered holding company system;
  `(4) in determining whether to approve (A) the issue or sale of a security
  by a registered holding company for purposes other than the acquisition of
  an exempt wholesale generator, or (B) other transactions by such registered
  holding company or by its subsidiaries other than with respect to exempt
  wholesale generators, the Commission shall not consider the effect of the
  capitalization or earnings of any subsidiary which is an exempt wholesale
  generator upon the registered holding company system, unless the approval
  of the issue or sale or other transaction, together with the effect of
  such capitalization and earnings, would have a substantial adverse impact
  on the financial integrity of the registered holding company system;
  `(5) the Commission shall make its decision under paragraph (3) to approve or
  disapprove the issue or sale of a security or the guarantee of a security
  within 120 days of the filing of a declaration concerning such issue,
  sale or guarantee; and
  `(6) the Commission shall promulgate regulations with respect to the
  actions which would be considered, for purposes of this subsection, to have
  a substantial adverse impact on the financial integrity of the registered
  holding company system; such regulations shall ensure that the action has
  no adverse impact on any utility subsidiary or its customers, or on the
  ability of State commissions to protect such subsidiary or customers,
  and shall take into account the amount and type of capital invested in
  exempt wholesale generators, the ratio of such capital to the total capital
  invested in utility operations, the availability of books and records, and
  the financial and operating experience of the registered holding company
  and the exempt wholesale generator; the Commission shall promulgate such
  regulations within 6 months after the enactment of this section; after such
  6-month period the Commission shall not approve any actions under paragraph
  (3), (4) or (5) except in accordance with such issued regulations.
  `(i) APPLICATION OF ACT TO OTHER ELIGIBLE FACILITIES- In the case of
  any person engaged directly and exclusively in the business of owning
  or operating (or both owning and operating) all or part of one or more
  eligible facilities, an advisory letter issued by the Commission staff
  under this Act after the date of enactment of this section, or an order
  issued by the Commission under this Act after the date of enactment of
  this section, shall not be required for the purpose, or have the effect,
  of exempting such person from treatment as an electric utility company under
  section 2(a)(3) or exempting such person from any provision of this Act.
  `(j) OWNERSHIP OF EXEMPT WHOLESALE GENERATORS AND QUALIFYING FACILITIES-
  The ownership by a person of one or more exempt wholesale generators
  shall not result in such person being considered as being primarily
  engaged in the generation or sale of electric power within the meaning
  of sections 3(17)(C)(ii) and 3(18)(B)(ii) of the Federal Power Act (16
  U.S.C. 796(17)(C)(ii) and 796(18)(B)(ii)).
  `(k) PROTECTION AGAINST ABUSIVE AFFILIATE TRANSACTIONS-
  `(1) PROHIBITION- After the date of enactment of this section, an electric
  utility company may not enter into a contract to purchase electric energy
  at wholesale from an exempt wholesale generator if the exempt wholesale
  generator is an affiliate or associate company of the electric utility
  company.
  `(2) STATE AUTHORITY TO EXEMPT FROM PROHIBITION- Notwithstanding paragraph
  (1), an electric utility company may enter into a contract to purchase
  electric energy at wholesale from an exempt wholesale generator that is
  an affiliate or associate company of the electric utility company--
  `(A) if every State commission having jurisdiction over the retail rates
  of such electric utility company makes each of the following specific
  determinations in advance of the electric utility company entering into
  such contract:
  `(i) A determination that such commission has sufficient regulatory
  authority, resources and access to books and records of the electric utility
  company and any relevant associate, affiliate or subsidiary company to
  exercise its duties under this subparagraph.
  `(ii) A determination that the transaction--
  `(I) will benefit consumers,
  `(II) does not violate any State law (including where applicable, least
  cost planning),
  `(III) would not provide the exempt wholesale generator any unfair
  competitive advantage by virtue of its affiliation or association with
  the electric utility company, and
  `(IV) is in the public interest; or
  `(B) if such electric utility company is not subject to State commission
  retail rate regulation and the purchased electric energy:
  `(i) would not be resold to any affiliate or associate company, or
  `(ii) the purchased electric energy would be resold to an affiliate or
  associate company and every State commission having jurisdiction over
  the retail rates of such affiliate or associate company makes each of the
  determinations provided under subparagraph (A), including the determination
  concerning a State commission's duties.
  `(l) RECIPROCAL ARRANGEMENTS PROHIBITED- Reciprocal arrangements among
  companies that are not affiliates or associate companies of each other
  that are entered into in order to avoid the provisions of this section
  are prohibited.'.
SEC. 712. STATE CONSIDERATION OF THE EFFECTS OF POWER PURCHASES ON UTILITY
COST OF CAPITAL; CONSIDERATION OF THE EFFECTS OF LEVERAGED CAPITAL STRUCTURES
ON THE RELIABILITY OF WHOLESALE POWER SELLERS; AND CONSIDERATION OF ADEQUATE
FUEL SUPPLIES.
  Section 111 of the Public Utility Regulatory Policies Act of 1978 (16
  U.S.C. 2601 and following) is amended by inserting the following new
  paragraph after paragraph (9):
  `(10) CONSIDERATION OF THE EFFECTS OF WHOLESALE POWER PURCHASES ON UTILITY
  COST OF CAPITAL; EFFECTS OF LEVERAGED CAPITAL STRUCTURES ON THE RELIABILITY
  OF WHOLESALE POWER SELLERS; AND ASSURANCE OF ADEQUATE FUEL SUPPLIES- (A)
  To the extent that a State regulatory authority requires or allows electric
  utilities for which it has ratemaking authority to consider the purchase of
  long-term wholesale power supplies as a means of meeting electric demand,
  such authority shall perform a general evaluation of:
  `(i) the potential for increases or decreases in the costs of capital
  for  such utilities, and any resulting increases or  decreases in the
  retail rates paid by electric consumers, that may result from purchases
  of long-term  wholesale power supplies in lieu of the construction of  new
  generation facilities by such utilities;
  `(ii) whether the use by exempt wholesale generators (as defined in
  section 32 of the Public Utility Holding Company Act of 1935) of capital
  structures which employ proportionally greater amounts of debt than the
  capital  structures of such utilities threatens reliability or provides
  an unfair advantage for exempt wholesale generators over such utilities;
  `(iii) whether to implement procedures for the advance  approval or
  disapproval of the purchase of a particular  long-term wholesale power
  supply; and
  `(iv) whether to require as a condition for the approval of the purchase
  of power that there be reasonable assurances of fuel supply adequacy.
  `(B) For purposes of implementing the provisions of 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 any other provision of Federal law, nothing in this
  paragraph shall prevent a State regulatory authority from taking such action,
  including action with respect to the allowable capital structure of exempt
  wholesale generators, as such State regulatory authority may determine to
  be in the public interest as a result of performing evaluations under the
  standards of subparagraph (A).
  `(D) Notwithstanding section 124 and paragraphs (1) and (2) of section
  112(a), each State regulatory authority shall consider and make a
  determination concerning the standards of subparagraph (A) in accordance
  with the requirements of subsections (a) and (b) of this section, without
  regard to any proceedings commenced prior to the enactment of this paragraph.
  `(E) 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 standards set out in subparagraph
  (A) not later than one year after the date of enactment of this paragraph.'.
SEC. 713. PUBLIC UTILITY HOLDING COMPANIES TO OWN INTERESTS IN COGENERATION
FACILITIES.
  Public Law 99-186 (99 Stat. 1180, as amended by Public Law 99-553, 100
  Stat. 3087), is amended to read as follows:
  `SECTION 1. Notwithstanding section 11(b)(1) of the Public Utility Holding
  Company Act of 1935, a company registered under said Act, or a subsidiary
  company of such registered company, may acquire or retain, in any geographic
  area, an interest in any qualifying cogeneration facilities and qualifying
  small power production facilities as defined pursuant to the Public Utility
  Regulatory Policies Act of 1978, and shall qualify for any exemption relating
  to the Public Utility Holding Company Act of 1935 prescribed pursuant to
  section 210 of the Public Utility Regulatory Policies Act of 1978.
  `SEC. 2. Nothing herein shall be construed to affect the applicability
  of section 3(17)(C) or section 3(18)(B) of the Federal Power Act or any
  provision of the Public Utility Holding Company Act of 1935, other than
  section 11(b)(1), to the acquisition or retention of any such interest by
  any such company.'.
SEC. 714. BOOKS AND RECORDS.
  Section 201 of the Federal Power Act is amended by adding the following
  new subsection at the end thereof:
  `(g) BOOKS AND RECORDS- (1) Upon written order of a State commission,
  a State commission may examine the books, accounts, memoranda, contracts,
  and records of--
  `(A) an electric utility company subject to its regulatory authority under
  State law,
  `(B) any exempt wholesale generator selling energy at wholesale to such
  electric utility, and
  `(C) any electric utility company, or holding company thereof, which is an
  associate company or affiliate of an exempt wholesale generator which sells
  electric energy to an electric utility company referred to in subparagraph
  (A),
wherever located, if such examination is required for the effective discharge
of the State commission's regulatory responsibilities affecting the provision
of electric service.
  `(2) Where a State commission issues an order pursuant to paragraph (1),
  the State commission shall not publicly disclose trade secrets or sensitive
  commercial information.
  `(3) Any United States district court located in the State in which the State
  commission referred to in paragraph (1) is located shall have jurisdiction
  to enforce compliance with this subsection.
  `(4) Nothing in this section shall--
  `(A) preempt applicable State law concerning the provision of records and
  other information; or
  `(B) in any way limit rights to obtain records and other information under
  Federal law, contracts, or otherwise.
  `(5) As used in this subsection the terms `affiliate', `associate company',
  `electric utility company', `holding company', `subsidiary company', and
  `exempt wholesale generator' shall have the same meaning as when used in
  the Public Utility Holding Company Act of 1935.'.
SEC. 715. INVESTMENT IN FOREIGN UTILITIES.
  The Public Utility Holding Company Act of 1935 (15 U.S.C. 79 et seq.) is
  amended by inserting after section 32 the following new section:
`SEC. 33. TREATMENT OF FOREIGN UTILITIES.
  `(a) EXEMPTIONS FOR FOREIGN UTILITY COMPANIES-
  `(1) IN GENERAL- A foreign utility company shall be exempt from all of the
  provisions of this Act, except as otherwise provided under this section,
  and shall not, for any purpose under this Act, be deemed to be a public
  utility company under section 2(a)(5), notwithstanding that the foreign
  utility company may be a subsidiary company, an affiliate, or an associate
  company of a holding company or of a public utility company.
  `(2) STATE COMMISSION CERTIFICATION- Section (a)(1) shall not apply or be
  effective unless every State commission having jurisdiction over the retail
  electric or gas rates of a public utility company that is an associate
  company or an affiliate of a company otherwise exempted under section
  (a)(1) (other than a public utility company that is an associate company
  or an affiliate of a registered holding company) has certified to the
  Commission that it has the authority and resources to protect ratepayers
  subject to its jurisdiction and that it intends to exercise its authority.
  Such certification, upon the filing of a notice by such State commission,
  may be revised or withdrawn by the State commission prospectively as to
  any future acquisition.  The requirement of State certification shall
  be deemed satisfied if the relevant State commission had, prior to the
  date of enactment of this section, on the basis of prescribed conditions
  of general applicability, determined that ratepayers of a public utility
  company are adequately insulated from the effects of diversification and
  the diversification would not impair the ability of the State commission
  to regulate effectively the operations of such company.
  `(3) DEFINITION- For purposes of this section, the term `foreign utility
  company' means any company that--
  `(A) owns or operates facilities that are not located in any State and that
  are used for the generation, transmission, or distribution of electric
  energy for sale or the distribution at retail of natural or manufactured
  gas for heat, light, or power, if such company--
  `(i) derives no part of its income, directly or indirectly, from the
  generation, transmission, or distribution of electric energy for sale or
  the distribution at retail of natural or manufactured gas for heat, light,
  or power, within the United States; and
  `(ii) neither the company nor any of its subsidiary companies is a public
  utility company operating in the United States; and
  `(B) provides notice to the Commission, in such form as the Commission
  may prescribe, that such company is a foreign utility company.
  `(b) OWNERSHIP OF FOREIGN UTILITY COMPANIES BY EXEMPT HOLDING COMPANIES-
  Notwithstanding any provision of this Act except as provided under this
  section, a holding company that is exempt under section 3 of the Act shall
  be permitted without condition or limitation under the Act to acquire
  and maintain an interest in the business of one or more foreign utility
  companies.
  `(c) REGISTERED HOLDING COMPANIES-
  `(1) OWNERSHIP OF FOREIGN UTILITY COMPANIES BY REGISTERED HOLDING COMPANIES-
  Notwithstanding any provision of this Act except as otherwise provided
  under this section, a registered holding company shall be permitted as of
  the date of enactment of this section (without the need to apply for, or
  receive approval from the Commission) to acquire and hold the securities
  or an interest in the business, of one or more foreign utility companies.
  The Commission shall promulgate rules or regulations regarding registered
  holding companies' acquisition of interests in foreign utility companies
  which shall provide for the protection of the customers of a public utility
  company which is an associate company of a foreign utility company and
  the maintenance of the financial integrity of the registered holding
  company system.
  `(2) ISSUANCE OF SECURITIES- The issuance of securities by a registered
  holding company for purposes of financing the acquisition of a foreign
  utility company, the guarantee of securities of a foreign utility company
  by a registered holding company, the entering into service, sales, or
  construction contracts, and the creation or maintenance of any other
  relationship between a foreign utility company and a registered holding
  company, its affiliates and associate companies, shall remain subject
  to the jurisdiction of the Commission under this Act (unless otherwise
  exempted under this Act, in the case of a transaction with an affiliate
  or associate company located outside of the United States).  Any State
  commission with jurisdiction over the retail rates of a public utility
  company which is part of a registered holding company system may make
  such recommendations to the Commission regarding the registered holding
  company's relationship to a foreign utility company, and the Commission
  shall reasonably and fully consider such State recommendation.
  `(3) CONSTRUCTION- Any interest in the business of 1 or more foreign utility
  companies, or 1 or more companies organized exclusively to own, directly or
  indirectly, the securities or other interest in a foreign utility company,
  shall for all purposes of this Act, be considered to be--
  `(A) consistent with the operation of a single integrated public utility
  system, within the meaning of section 11; and
  `(B) reasonably incidental, or economically necessary or appropriate, to
  the operations of an integrated public utility system, within the meaning
  of section 11.
  `(d) EFFECT ON EXISTING LAW; NO STATE PREEMPTION- Nothing in this section
  shall--
  `(1) preclude any person from qualifying for or maintaining any exemption
  otherwise provided for under this Act or the rules, regulations, or orders
  promulgated or issued under this Act; or
  `(2) be deemed or construed to limit the authority of any State (including
  any State regulatory authority) with respect to--
  `(A) any public utility company or holding company subject to such State's
  jurisdiction; or
  `(B) any transaction between any foreign utility company (or any affiliate
  or associate company thereof) and any public utility company or holding
  company subject to such State's jurisdiction.
  `(e) REPORTING REQUIREMENTS-
  `(1) FILING OF REPORTS- A public utility company that is an associate
  company of a foreign utility company shall file with the Commission such
  reports (with respect to such foreign utility company) as the Commission
  may by rules, regulations, or order prescribe as necessary or appropriate
  in the public interest or for the protection of investors or consumers.
  `(2) NOTICE OF ACQUISITIONS- Not later than 30 days after the consummation of
  the acquisition of an interest in a foreign utility company by an associate
  company of a public utility company that is subject to the jurisdiction of
  a State commission with respect to its retail electric or gas rates or by
  such public utility company, such associate company or such public utility
  company, shall provide notice of such acquisition to every State commission
  having jurisdiction over the retail electric or gas rates of such public
  utility company, in such form as may be prescribed by the State commission.
  `(f) PROHIBITION ON ASSUMPTION OF LIABILITIES-
  `(1) IN GENERAL- No public utility company that is subject to the
  jurisdiction of a State commission with respect to its retail electric
  or gas rates shall issue any security for the purpose of financing the
  acquisition, or for the purposes of financing the ownership or operation,
  of a foreign utility company, nor shall any such public utility company
  assume any obligation or liability as guarantor, endorser, surety, or
  otherwise in respect of any security of a foreign utility company.
  `(2) EXCEPTION FOR HOLDING COMPANIES WHICH ARE PREDOMINANTLY PUBLIC UTILITY
  COMPANIES- Subsection (f)(1) shall not apply if:
  `(A) the public utility company that is subject to the jurisdiction
  of a State commission with respect to its retail electric or gas rates
  is a holding company and is not an affiliate under section 2(a)(11)(B)
  of another holding company or is not subject to regulation as a holding
  company and has no affiliate as defined in section 2(a)(11)(A) that is a
  public utility company subject to the jurisdiction of a State commission
  with respect to its retail electric or gas rates; and
  `(B)  each State commission having jurisdiction with respect to the retail
  electric and gas rates of such public utility company expressly permits
  such public utility to engage in a transaction otherwise prohibited under
  section (f)(1); and
  `(C)  the transaction (aggregated with all other then-outstanding
  transactions exempted under this subsection) does not exceed 5 per centum
  of the then-outstanding total capitalization of the public utility.
  `(g) PROHIBITION ON PLEDGING OR ENCUMBERING UTILITY ASSETS- No public
  utility company that is subject to the jurisdiction of a State commission
  with respect to its retail electric or gas rates shall pledge or encumber
  any utility assets or utility assets of any subsidiary thereof for the
  benefit of an associate foreign utility company.'.
Subtitle B--Federal Power Act; Interstate Commerce in Electricity
SEC. 721. AMENDMENTS TO SECTION 211 OF FEDERAL POWER ACT.
  Section 211 of the Federal Power Act (16 U.S.C. 824j) is amended as follows:
  (1) The first sentence of subsection (a) is amended to read as follows:
  `Any electric utility, Federal power marketing agency, or any other person
  generating electric energy for sale for resale, may apply to the Commission
  for an order under this subsection requiring a transmitting utility to
  provide transmission services (including any enlargement of transmission
  capacity necessary to provide such services) to the applicant.'.
  (2) In the second sentence of subsection (a), strike `the Commission may'
  and all that follows and insert `the Commission may issue such order
  if it finds that such order meets the requirements of section 212, and
  would otherwise be in the public interest. No order may be issued under
  this subsection unless the applicant has made a request for transmission
  services to the transmitting utility that would be the subject of such order
  at least 60 days prior to its filing of an application for such order.'.
  (3) Amend subsection (b) to read as follows:
  `(b) RELIABILITY OF ELECTRIC SERVICE- No order may be issued under this
  section or section 210 if, after giving consideration to consistently applied
  regional or national reliability standards, guidelines, or criteria, the
  Commission finds that such order would unreasonably impair the continued
  reliability of electric systems affected by the order.'.
  (4) In subsection (c)--
  (A) Strike out paragraph (1).
  (B) In paragraph (2) strike `which requires the electric' and insert
  `which requires the transmitting'.
  (C) Strike out paragraphs (3) and (4).
  (5) In subsection (d)--
  (A) In the first sentence of paragraph (1), strike `electric' and insert
  `transmitting' in each place it appears.
  (B) In the second sentence of paragraph (1) before `and each affected
  electric utility,' insert `each affected transmitting utility,'.
  (C) In paragraph (3), strike `electric' and insert `transmitting'.
  (D) Strike the period in subparagraph (B) of paragraph (1) and insert `,
  or' and after subparagraph (B) insert the following new subparagraph:
  `(C) the ordered transmission services require enlargement of transmission
  capacity and the transmitting utility subject to the order has failed,
  after making a good faith effort, to obtain the necessary approvals or
  property rights under applicable Federal, State, and local laws.'.
SEC. 722. TRANSMISSION SERVICES.
  Section 212 of the Federal Power Act is amended as follows:
  (1) Strike subsections (a) and (b) and insert the following:
  `(a) RATES, CHARGES, TERMS, AND CONDITIONS FOR WHOLESALE TRANSMISSION
  SERVICES- An order under section 211 shall require the transmitting utility
  subject to the order to provide wholesale transmission services at rates,
  charges, terms, and conditions which permit the recovery by such utility
  of all the costs incurred in connection with the transmission services and
  necessary associated services, including, but not limited to, an appropriate
  share, if any, of legitimate, verifiable and economic costs, including
  taking into account any benefits to the transmission system of providing
  the transmission service, and the costs of any enlargement of transmission
  facilities. Such rates, charges, terms, and conditions shall promote the
  economically efficient transmission and generation of electricity and shall
  be just and reasonable, and not unduly discriminatory or preferential. Rates,
  charges, terms, and conditions for transmission services provided pursuant
  to an order under section 211 shall ensure that, to the extent practicable,
  costs incurred in providing the wholesale transmission services, and
  properly allocable to the provision of such services, are recovered from
  the applicant for such order and not from a transmitting utility's existing
  wholesale, retail, and transmission customers.'.
  (2) Subsection (e) is amended to read as follows:
  `(e) SAVINGS PROVISIONS- (1) No provision of section 210, 211, 214,
  or this section shall be treated as requiring any person to utilize the
  authority of any such section in lieu of any other authority of law. Except
  as provided in section 210, 211, 214, or this section, such sections shall
  not be construed as limiting or impairing any authority of the Commission
  under any other provision of law.
  `(2) Sections 210, 211, 213, 214, and this section, shall not be construed
  to modify, impair, or supersede the antitrust laws. For purposes of this
  section, the term `antitrust laws' has the meaning given in subsection (a)
  of the first sentence of the Clayton Act, except that such term includes
  section 5 of the Federal Trade Commission Act to the extent that such
  section relates to unfair methods of competition.'.
  (3) Add the following new subsections at the end thereof:
  `(g) PROHIBITION ON ORDERS INCONSISTENT WITH RETAIL MARKETING AREAS- No
  order may be issued under this Act which is inconsistent with any State
  law which governs the retail marketing areas of electric utilities.
  `(h) PROHIBITION ON MANDATORY RETAIL WHEELING AND SHAM WHOLESALE
  TRANSACTIONS- No order issued under this Act shall be conditioned upon or
  require the transmission of electric energy:
  `(1) directly to an ultimate consumer, or
  `(2) to, or for the benefit of, an entity if such electric energy would
  be sold by such entity directly to an ultimate consumer, unless:
  `(A) such entity is a Federal power marketing agency; the Tennessee Valley
  Authority; a State or any political subdivision of a State (or an agency,
  authority, or instrumentality of a State or a political subdivision);
  a corporation or association that has ever received a loan for the
  purposes of providing electric service from the Administrator of the
  Rural Electrification Administration under the Rural Electrification Act
  of 1936; a person having an obligation arising under State or local law
  (exclusive of an obligation arising solely from a contract entered into by
  such person) to provide electric service to the public; or any corporation
  or association which is wholly owned, directly or indirectly, by any one
  or more of the foregoing; and
  `(B) such entity was providing electric service to such ultimate consumer
  on the date of enactment of this subsection or would utilize transmission
  or distribution facilities that it owns or controls to deliver all such
  electric energy to such electric consumer.
Nothing in this subsection shall affect any authority of any State or local
government under State law concerning the transmission of electric energy
directly to an ultimate consumer.'.
  `(i) LAWS APPLICABLE TO FEDERAL COLUMBIA RIVER TRANSMISSION SYSTEM- (1)
  The Commission shall have authority pursuant to section 210, section
  211, this section, and section 213 to (A) order the Administrator of
  the Bonneville Power Administration to provide transmission service and
  (B) establish the terms and conditions of such service. In applying such
  sections to the Federal Columbia River Transmission System, the Commission
  shall assure that--
  `(i) the provisions of otherwise applicable Federal laws shall continue in
  full force and effect and shall continue to be applicable to the system; and
  `(ii) the rates for the transmission of electric power on the system shall
  be governed only by such otherwise applicable provisions of law and not by
  any provision of section 210, section 211, this section, or section 213,
  except that no rate for the transmission of power on the system shall
  be unjust, unreasonable, or unduly discriminatory or preferential, as
  determined by the Commission.
  `(2) Notwithstanding any other provision of this Act with respect to the
  procedures for the determination of terms and conditions for transmission
  service--
  `(A) when the Administrator of the Bonneville Power Administration either
  (i) in response to a written request for specific transmission service terms
  and conditions does not offer the requested terms and conditions, or (ii)
  proposes to establish terms and conditions of general applicability for
  transmission service on the Federal Columbia River Transmission System,
  then the Administrator may provide opportunity for a hearing and, in so
  doing, shall--
  `(I) give notice in the Federal Register and state in such notice the
  written explanation of the reasons why the specific terms and conditions
  for transmission services are not being offered or are being proposed;
  `(II) adhere to the procedural requirements of paragraphs (1) through
  (3) of section 7(i) of the Pacific Northwest Electric Power Planning and
  Conservation Act (16 U.S.C. 839(i) (1) through (3)), except that the hearing
  officer shall, unless the hearing officer becomes unavailable to the agency,
  make a recommended decision to the Administrator that states the hearing
  officer's findings and conclusions, and the reasons or basis thereof, on
  all material issues of fact, law, or discretion presented on the record; and
  `(III) make a determination, setting forth the reasons for reaching any
  findings and conclusions which may differ from those of the hearing
  officer, based on the hearing record, consideration of the hearing
  officer's recommended decision, section 211 and this section, as amended
  by the Energy Policy Act of 1992, and the provisions of law as preserved
  in this section; and
  `(B) if application is made to the Commission under section 211 for
  transmission service under terms and conditions different than those
  offered by the Administrator, or following the denial of a request for
  transmission service by the Administrator, and such application is filed
  within 60 days of the Administrator's final determination and in accordance
  with Commission procedures, the Commission shall--
  `(i) in the event the Administrator has conducted a hearing as herein
  provided for (I) accord parties to the Administrator's hearing the
  opportunity to offer for the Commission record materials excluded by
  the Administrator from the hearing record, (II) accord such parties the
  opportunity to submit for the Commission record comments on appropriate
  terms and conditions, (III) afford those parties the opportunity for a
  hearing if and to the extent that the Commission finds the Administrator's
  hearing record to be inadequate to support a decision by the Commission, and
  (IV) establish terms and conditions for or deny transmission service based
  on the Administrator's hearing record, the Commission record, section 211
  and this section, as amended by the Energy Policy Act of 1992, and the
  provisions of law as preserved in this section, or
  `(ii) in the event the Administrator has not conducted a hearing as herein
  provided for, determine whether to issue an order for transmission service
  in accordance with section 211 and this section, including providing the
  opportunity for a hearing.
  `(3) Notwithstanding those provisions of section 313(b) of this Act (16
  U.S.C. 825l) which designate the court in which review may be obtained,
  any party to a proceeding concerning transmission service sought to be
  furnished by the Administrator of the Bonneville Power Administration
  seeking review of an order issued by the Commission in such proceeding shall
  obtain a review of such order in the United States Court of Appeals for the
  Pacific Northwest, as that region is defined by section 3(14) of the Pacific
  Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839a(14)).
  `(4) To the extent the Administrator of the Bonneville Power Administration
  cannot be required under section 211, as a result of the Administrator's
  other statutory mandates, either to (A) provide transmission service to
  an applicant which the Commission would otherwise order, or (B) provide
  such service under rates, terms, and conditions which the Commission would
  otherwise require, the applicant shall not be required to provide similar
  transmission services to the Administrator or to provide such services
  under similar rates, terms, and conditions.
  `(5) The Commission shall not issue any order under section 210, section 211,
  this section, or section 213 requiring the Administrator of the Bonneville
  Power Administration to provide transmission service if such an order
  would impair the Administrator's ability to provide such transmission
  service to the Administrator's power and transmission customers in the
  Pacific Northwest, as that region is defined in section 3(14) of the Pacific
  Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839a(14)),
  as is needed to assure adequate and reliable service to loads in that region.
  `(j) EQUITABILITY WITHIN TERRITORY RESTRICTED ELECTRIC SYSTEMS- With respect
  to an electric utility which is prohibited by Federal law from being a
  source of power supply, either directly or through a distributor of its
  electric energy, outside an area set forth in such law, no order issued
  under section 211 may require such electric utility (or a distributor
  of such electric utility) to provide transmission services to another
  entity if the electric energy to be transmitted will be consumed within
  the area set forth in such Federal law, unless the order is in furtherance
  of a sale of electric energy to that electric utility: Provided, however,
  That the foregoing provision shall not apply to any area served at retail
  by an electric transmission system which was such a distributor on the
  date of enactment of this subsection and which before October 1, 1991,
  gave its notice of termination under its power supply contract with such
  electric utility.
  `(k) ERCOT UTILITIES-
  `(1) RATES- Any order under section 211 requiring provision of transmission
  services in whole or in part within ERCOT shall provide that any ERCOT
  utility which is not a public utility and the transmission facilities of
  which are actually used for such transmission service is entitled to receive
  compensation based, insofar as practicable and consistent with subsection
  (a), on the transmission ratemaking methodology used by the Public Utility
  Commission of Texas.
  `(2) DEFINITIONS- For purposes of this subsection--
  `(A) the term `ERCOT' means the Electric Reliability Council of Texas; and
  `(B) the term `ERCOT utility' means a transmitting utility which is a
  member of ERCOT.'.
SEC. 723. INFORMATION REQUIREMENTS.
  Part II of the Federal Power Act is amended by adding the following new
  section after section 212:
`SEC. 213. INFORMATION REQUIREMENTS.
  `(a) REQUESTS FOR WHOLESALE TRANSMISSION SERVICES- Whenever any electric
  utility, Federal power marketing agency, or any other person generating
  electric energy for sale for resale makes a good faith request to a
  transmitting utility to provide wholesale transmission services and
  requests specific rates and charges, and other terms and conditions,
  unless the transmitting utility agrees to provide such services at rates,
  charges, terms and conditions acceptable to such person, the transmitting
  utility shall, within 60 days of its receipt of the request, or other
  mutually agreed upon period, provide such person with a detailed written
  explanation, with specific reference to the facts and circumstances of the
  request, stating (1) the transmitting utility's basis for the proposed rates,
  charges, terms, and conditions for such services, and (2) its analysis of
  any physical or other constraints affecting the provision of such services.
  `(b) TRANSMISSION CAPACITY AND CONSTRAINTS- Not later than 1 year after the
  enactment of this section, the Commission shall promulgate a rule requiring
  that information be submitted annually to the Commission by transmitting
  utilities which is adequate to inform potential transmission customers,
  State regulatory authorities, and the public of potentially available
  transmission capacity and known constraints.'.
SEC. 724. SALES BY EXEMPT WHOLESALE GENERATORS.
  Part II of the Federal Power Act is amended by adding the following new
  section after section 213:
`SEC. 214. SALES BY EXEMPT WHOLESALE GENERATORS.
  `No rate or charge received by an exempt wholesale generator for the
  sale of electric energy shall be lawful under section 205 if, after
  notice and opportunity for hearing, the Commission finds that such rate
  or charge results from the receipt of any undue preference or advantage
  from an electric utility which is an associate company or an affiliate of
  the exempt wholesale generator. For purposes of this section, the terms
  `associate company' and `affiliate' shall have the same meaning as provided
  in section 2(a) of the Public Utility Holding Company Act of 1935.'.
SEC. 725. PENALTIES.
  (a) EXISTING PENALTIES NOT APPLICABLE TO TRANSMISSION PROVISIONS- Sections
  315 and 316 of the Federal Power Act are each amended by adding the
  following at the end thereof:
  `(c) This subsection shall not apply in the case of any provision of section
  211, 212, 213, or 214 or any rule or order issued under any such provision.'.
  (b) PENALTIES APPLICABLE TO TRANSMISSION PROVISIONS- Title III of the
  Federal Power Act is amended by inserting the following new section after
  section 316:
`SEC. 316A. ENFORCEMENT OF CERTAIN PROVISIONS.
  `(a) VIOLATIONS- It shall be unlawful for any person to violate any
  provision of section 211, 212, 213, or 214 or any rule or order issued
  under any such provision.
  `(b) CIVIL PENALTIES- Any person who violates any provision of section 211,
  212, 213, or 214 or any provision of any rule or order thereunder shall be
  subject to a civil penalty of not more than $10,000 for each day that such
  violation continues. Such penalty shall be assessed by the Commission,
  after notice and opportunity for public hearing, in accordance with the
  same provisions as are applicable under section 31(d) in the case of civil
  penalties assessed under section 31. In determining the amount of a proposed
  penalty, the Commission shall take into consideration the seriousness of
  the violation and the efforts of such person to remedy the violation in
  a timely manner.'.
SEC. 726. DEFINITIONS.
  (a) ADDITIONAL DEFINITIONS- Section 3 of the Federal Power Act is amended
  by adding the following at the end thereof:
  `(23) TRANSMITTING UTILITY- The term `transmitting utility' means any
  electric utility, qualifying cogeneration facility, qualifying small
  power production facility, or Federal power marketing agency which owns
  or operates electric power transmission facilities which are used for the
  sale of electric energy at wholesale.
  `(24) WHOLESALE TRANSMISSION SERVICES- The term `wholesale transmission
  services' means the transmission of electric energy sold, or to be sold,
  at wholesale in interstate commerce.
  `(25) EXEMPT WHOLESALE GENERATOR- The term `exempt wholesale generator'
  shall have the meaning provided by section 32 of the Public Utility Holding
  Company Act of 1935.'.
  (b) CLARIFICATION OF TERMS- Section 3(22) of the Federal Power Act is
  amended by inserting `(including any municipality)' after `State agency'.
Subtitle C--State and Local Authorities
SEC. 731. STATE AUTHORITIES.
  Nothing in this title or in any amendment made by this title shall
  be construed as affecting or intending to affect, or in any way to
  interfere with, the authority of any State or local government relating
  to environmental protection or the siting of facilities.
TITLE VIII--HIGH-LEVEL RADIOACTIVE WASTE
SEC. 801. NUCLEAR WASTE DISPOSAL.
  (a) ENVIRONMENTAL PROTECTION AGENCY STANDARDS-
  (1) PROMULGATION- Notwithstanding the provisions of section 121(a) of
  the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(a)), section 161
  b. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(b)), and any other
  authority of the Administrator of the Environmental Protection Agency
  to set generally applicable standards for the Yucca Mountain site, the
  Administrator shall, based upon and consistent with the findings and
  recommendations of the National Academy of Sciences, promulgate, by rule,
  public health and safety standards for protection of the public from releases
  from radioactive materials stored or disposed of in the repository at the
  Yucca Mountain site. Such standards shall prescribe the maximum annual
  effective dose equivalent to individual members of the public from releases
  to the accessible environment from radioactive materials stored or disposed
  of in the repository. The standards shall be promulgated not later than
  1 year after the Administrator receives the findings and recommendations
  of the National Academy of Sciences under paragraph (2) and shall be the
  only such standards applicable to the Yucca Mountain site.
  (2) STUDY BY NATIONAL ACADEMY OF SCIENCES- Within 90 days after the date
  of the enactment of this Act, the Administrator shall contract with the
  National Academy of Sciences to conduct a study to provide, by not later
  than December 31, 1993, findings and recommendations on reasonable standards
  for protection of the public health and safety, including--
  (A) whether a health-based standard based upon doses to individual members
  of the public from releases to the accessible environment (as that term
  is defined in the regulations contained in subpart B of part 191 of title
  40, Code of Federal Regulations, as in effect on November 18, 1985) will
  provide a reasonable standard for protection of the health and safety of
  the general public;
  (B) whether it is reasonable to assume that a system for post-closure
  oversight of the repository can be developed, based upon active institutional
  controls, that will prevent an unreasonable risk of breaching the
  repository's engineered or geologic barriers or increasing the exposure
  of individual members of the public to radiation beyond allowable limits; and
  (C) whether it is possible to make scientifically supportable predictions of
  the probability that the repository's engineered or geologic barriers will
  be breached as a result of human intrusion over a period of 10,000 years.
  (3) APPLICABILITY- The provisions of this section shall apply to the Yucca
  Mountain site, rather than any other authority of the Administrator to
  set generally applicable standards for radiation protection.
  (b) NUCLEAR REGULATORY COMMISSION REQUIREMENTS AND CRITERIA-
  (1) MODIFICATIONS- Not later than 1 year after the Administrator promulgates
  standards under subsection (a), the Nuclear Regulatory Commission shall,
  by rule, modify its technical requirements and criteria under section
  121(b) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10141(b)), as
  necessary, to be consistent with the Administrator's standards promulgated
  under subsection (a).
  (2) REQUIRED ASSUMPTIONS- The Commission's requirements and criteria shall
  assume, to the extent consistent with the findings and recommendations
  of the National Academy of Sciences, that, following repository closure,
  the inclusion of engineered barriers and the Secretary's post-closure
  oversight of the Yucca Mountain site, in accordance with subsection (c),
  shall be sufficient to--
  (A) prevent any activity at the site that poses an unreasonable risk of
  breaching the repository's engineered or geologic barriers; and
  (B) prevent any increase in the exposure of individual members of the
  public to radiation beyond allowable limits.
  (c) POST-CLOSURE OVERSIGHT- Following repository closure, the Secretary
  of Energy shall continue to oversee the Yucca Mountain site to prevent
  any activity at the site that poses an unreasonable risk of--
  (1) breaching the repository's engineered or geologic barriers; or
  (2) increasing the exposure of individual members of the public to radiation
  beyond allowable limits.
SEC. 802. OFFICE OF THE NUCLEAR WASTE NEGOTIATOR.
  (a) EXTENSION- Section 410 of the Nuclear Waste Policy Act of 1982 (42
  U.S.C. 10250) is amended by striking `5 years' and inserting `7 years'.
  (b) DEFINITION OF STATE- Section 401 of the Nuclear Waste Policy Act of 1982
  (42 U.S.C. 10241) is amended--
  (1) by striking `States,' the first place it appears and inserting `States
  and'; and
  (2) by inserting a period after `District of Columbia' and striking the
  remainder of the sentence.
SEC. 803. NUCLEAR WASTE MANAGEMENT PLAN.
  (a) PREPARATION AND SUBMISSION OF REPORT- The Secretary of Energy, in
  consultation with the Nuclear Regulatory Commission and the Environmental
  Protection Agency, shall prepare and submit to the Congress a report
  on whether current programs and plans for management of nuclear waste
  as mandated by the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et
  seq.) are adequate for management of any additional volumes or categories
  of nuclear waste that might be generated by any new nuclear power plants
  that might be constructed and licensed after the date of the enactment
  of this Act. The Secretary shall prepare the report for submission to the
  President and the Congress within 1 year after the date of the enactment
  of this Act. The report shall examine any new relevant issues related to
  management of spent nuclear fuel and high-level radioactive waste that
  might be raised by the addition of new nuclear-generated electric capacity,
  including anticipated increased volumes of spent nuclear fuel or high-level
  radioactive waste, any need for additional interim storage capacity prior
  to final disposal, transportation of additional volumes of waste, and any
  need for additional repositories for deep geologic disposal.
  (b) OPPORTUNITY FOR PUBLIC COMMENT- In preparation of the report required
  under subsection (a), the Secretary of Energy shall offer members of the
  public an opportunity to provide information and comment and shall solicit
  the views of the Nuclear Regulatory Commission, the Environmental Protection
  Agency, and other interested parties.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  such sums as may be necessary to carry out this section.
TITLE IX--UNITED STATES ENRICHMENT CORPORATION
SEC. 901. ESTABLISHMENT OF THE UNITED STATES ENRICHMENT CORPORATION.
  The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by adding
  at the end the following new title:
`TITLE II--UNITED STATES ENRICHMENT CORPORATION
`CHAPTER 22--GENERAL PROVISIONS
`SEC. 1201. DEFINITIONS.
  `For purposes of this title:
  `(1) The term `alternative technologies for uranium enrichment' means
  technologies to enrich uranium by methods other than the gaseous diffusion
  process.
  `(2) The term `AVLIS' means atomic vapor laser isotope separation technology.
  `(3) The term `Board' means the Board of Directors of the Corporation
  established under section 1304.
  `(4) The term `Corporation' means the United States Enrichment Corporation.
  `(5) The term `corrective actions' has the meaning given such term by the
  Administrator of the Environmental Protection Agency under section 3004(u)
  of the Solid Waste Disposal Act (42 U.S.C. 6924(u)).
  `(6) The term `decontamination and decommissioning' means those
  activities, other than response actions or corrective actions, undertaken
  to decontaminate and decommission inactive uranium enrichment facilities
  that have residual radioactive or mixed radioactive and hazardous chemical
  contamination, including depleted tailings.
  `(7) The term `Department' means the Department of Energy.
  `(8) The term `highly enriched uranium' means uranium enriched to 20
  percent or more of the uranium-235 isotope.
  `(9) The term `low-enriched uranium' means uranium enriched to less than
  20 percent of the uranium-235 isotope.
  `(10) The term `releases' has the meaning given the term `release' in
  section 101(22) of the Comprehensive Environmental Response, Compensation,
  and Liability Act of 1980 (42 U.S.C. 9601(22)).
  `(11) The term `remedial action' has the meaning given such term in section
  101(24) of the Comprehensive Environmental Response, Compensation, and
  Liability Act of 1980 (42 U.S.C. 9601(24)).
  `(12) The term `response actions' has the meaning given the term `response'
  in section 101(25) of the Comprehensive Environmental Response, Compensation,
  and Liability Act of 1980 (42 U.S.C. 9601(25)).
  `(13) The term `Secretary' means the Secretary of Energy.
  `(14) The term `uranium enrichment' means the separation of uranium of a
  given isotopic content into 2 components, 1 having a higher percentage of
  a fissile isotope and 1 having a lower percentage.
`SEC. 1202. PURPOSES.
  `The Corporation is created for the following purposes:
  `(1) To operate as a business enterprise on a profitable and efficient basis.
  `(2) To maximize the long-term value of the Corporation to the Treasury
  of the United States.
  `(3) To lease Department uranium enrichment facilities, as needed.
  `(4) To acquire uranium for uranium enrichment, low-enriched uranium for
  resale, and highly enriched uranium for conversion into low-enriched uranium,
  as needed.
  `(5) To market and sell its enriched uranium and uranium enrichment and
  related services to--
  `(A) the Department for governmental purposes; and
  `(B) domestic and foreign persons, as provided in section 1303(6).
  `(6) To conduct research and development as required to meet business
  objectives for the purposes of identifying, evaluating, improving, and
  testing alternative technologies for uranium enrichment.
  `(7) To conduct the business as a self-financing corporation and eliminate
  the need for Federal Government appropriations or sources of Federal
  financing other than those provided in this title.
  `(8) To help maintain a reliable and economical domestic source of uranium
  enrichment services.
  `(9) To comply with laws, and regulations promulgated thereunder, to
  protect the public health, safety, and the environment.
  `(10) To continue at all times to meet the objectives of ensuring the
  Nation's common defense and security, including abiding by United States
  laws and policies concerning special nuclear materials and nonproliferation
  of atomic weapons and other nonpeaceful uses of atomic energy.
  `(11) To take all other lawful actions in furtherance of these purposes.
`CHAPTER 23--ESTABLISHMENT, POWERS, AND ORGANIZATION OF CORPORATION
`SEC. 1301. ESTABLISHMENT OF THE CORPORATION.
  `(a) IN GENERAL- There is established a body corporate to be known as the
  United States Enrichment Corporation.
  `(b) GOVERNMENT CORPORATION- The Corporation shall be established as a
  wholly owned Government corporation subject to chapter 91 of title 31,
  United States Code (commonly referred to as the Government Corporation
  Control Act), except as otherwise provided in this title.
  `(c) FEDERAL AGENCY- The Corporation shall be an agency and instrumentality
  of the United States.
`SEC. 1302. CORPORATE OFFICES.
  `The Corporation shall maintain an office for the service of process and
  papers in the District of Columbia, and shall be deemed, for purposes
  of venue in civil actions, to be a resident thereof. The Corporation may
  establish offices in such other place or places as it may deem necessary
  or appropriate in the conduct of its business.
`SEC. 1303. POWERS OF THE CORPORATION.
  `In order to accomplish its purposes, the Corporation--
  `(1) shall, except as provided in this title or applicable Federal law,
  have all the powers of a private corporation incorporated under the District
  of Columbia Business Corporation Act;
  `(2) shall have the priority of the United States with respect to the
  payment of debts out of bankrupt, insolvent, and decedents' estates;
  `(3) may obtain from the Administrator of General Services the services
  the Administrator is authorized to provide agencies of the United States,
  on the same basis as those services are provided to other agencies of the
  United States;
  `(4) shall enrich uranium, provide for uranium to be enriched by others,
  or acquire enriched uranium (including low-enriched uranium derived from
  highly enriched uranium provided under section 1408);
  `(5) may conduct, or provide for conducting, those research and development
  activities related to uranium enrichment and related processes and activities
  the Corporation considers necessary or advisable to maintain the Corporation
  as a commercial enterprise operating on a profitable and efficient basis;
  `(6) may enter into transactions regarding uranium, enriched uranium,
  or depleted uranium with--
  `(A) persons licensed under section 53, 63, 103, or 104 in accordance with
  the licenses held by those persons;
  `(B) persons in accordance with, and within the period of, an agreement
  for cooperation arranged under section 123; or
  `(C) persons otherwise authorized by law to enter into such transactions;
  `(7) may enter into contracts with persons licensed under section 53,
  63, 103, or 104, for as long as the Corporation considers necessary or
  desirable, to provide uranium or uranium enrichment and related services;
  `(8) may enter into contracts to provide uranium or uranium enrichment and
  related services in accordance with, and within the period of, an agreement
  for cooperation arranged under section 123 or as otherwise authorized by
  law; and
  `(9) shall sell to the Department as provided in this title, without regard
  to section 57 e., the amounts of uranium enrichment and related services
  that the Department determines from time to time are required for it to--
  `(A) carry out Presidential directions and authorizations under section
  91; and
  `(B) conduct other Department programs.
`SEC. 1304. BOARD OF DIRECTORS.
  `(a) IN GENERAL- The powers of the Corporation are vested in the Board
  of Directors.
  `(b) APPOINTMENT- The Board of Directors shall consist of 5 individuals,
  to be appointed by the President by and with the advice and consent of the
  Senate. The President shall designate a Chairman of the Board from among
  members of the Board.
  `(c) QUALIFICATIONS- Members of the Board shall be citizens of the United
  States. No member of the Board shall be an employee of the Corporation
  or have any direct financial relationship with the Corporation other than
  that of being a member of the Board.
  `(d) TERMS-
  `(1) IN GENERAL- Except as provided in paragraph (2), members of the Board
  shall serve 5-year terms or until the election of a new Board of Directors
  under section 1704, whichever comes first.
  `(2) INITIAL MEMBERS- Of the members first appointed to the Board--
  `(A) 1 shall be appointed for a 1-year term;
  `(B) 1 shall be appointed for a 2-year term;
  `(C) 1 shall be appointed for a 3-year term; and
  `(D) 1 shall be appointed for a 4-year term.
  `(3) REAPPOINTMENT- Members of the Board may be reappointed by the President,
  by and with the advice and consent of the Senate.
  `(e) VACANCIES- Upon the occurrence of a vacancy on the Board, the President
  by and with the advice and consent of the Senate shall appoint an individual
  to fill such vacancy for the remainder of the applicable term.
  `(f) MEETINGS AND QUORUM- The Board shall meet at any time pursuant to the
  call of the Chairman and as provided by the bylaws of the Corporation,
  but not less than quarterly. Three voting members of the Board shall
  constitute a quorum. A majority of the Board shall adopt and from time to
  time may amend bylaws for the operation of the Board.
  `(g) POWERS- The Board shall be responsible for general management of
  the Corporation and shall have the same authority, privileges, and
  responsibilities as the board of directors of a private corporation
  incorporated under the District of Columbia Business Corporation Act.
  `(h) COMPENSATION- Members of the Board shall serve on a part-time basis
  and shall receive per diem, when engaged in the actual performance of
  Corporation duties, plus reimbursement for travel, subsistence, and other
  necessary expenses incurred in the performance of their duties.
  `(i) MEMBERSHIP OF SECRETARY OF TREASURY- The President may appoint the
  Secretary of the Treasury or his designee to serve as a member of the
  Board or as a nonvoting, ex officio member of the Board.
  `(j) CONFLICT OF INTEREST REQUIREMENTS- No director, officer, or other
  management level employee of the Corporation may have a financial interest
  in any customer, contractor, or competitor of the Corporation or in any
  business that may be adversely affected by the success of the Corporation.
`SEC. 1305. EMPLOYEES OF THE CORPORATION.
  `(a) APPOINTMENT- The Board shall appoint such officers and employees as
  are necessary for the transaction of its business.
  `(b) COMPENSATION, DUTIES, AND REMOVAL- The Board shall, without regard
  to section 5301 of title 5, United States Code, fix the compensation
  of all officers and employees of the Corporation, define their duties,
  and provide a system of organization to fix responsibility and promote
  efficiency. Any officer or employee of the Corporation may be removed in
  the discretion of the Board.
  `(c) APPLICABLE CRITERIA- The Board shall ensure that the personnel function
  and organization is consistent with the principles of section 2301(b) of
  title 5, United States Code, relating to merit system principles. Officers
  and employees shall be appointed, promoted, and assigned on the basis of
  merit and fitness, and other personnel actions shall be consistent with
  the principles of fairness and due process but without regard to those
  provisions of title 5 of the United States Code governing appointments
  and other personnel actions in the competitive service.
  `(d) TREATMENT OF PERSONS EMPLOYED PRIOR TO TRANSITION DATE- Compensation,
  benefits, and other terms and conditions of employment in effect immediately
  prior to the transition date, whether provided by statute or by rules of
  the Department or the executive branch, shall continue to apply to officers
  and employees who transfer to the Corporation from other Federal employment
  until changed by the Board.
  `(e) PROTECTION OF EXISTING EMPLOYEES-
  `(1) IN GENERAL- It is the purpose of this subsection to ensure that the
  establishment of the Corporation pursuant to this chapter shall not result
  in any adverse effects on the employment rights, wages, or benefits of
  employees at facilities that are operated, directly or under contract,
  in the performance of the functions vested in the Corporation.
  `(2) APPLICABILITY OF EXISTING COLLECTIVE BARGAINING AGREEMENT- Any employer
  (including the Corporation) at a facility described in paragraph (1)
  shall abide by the terms of a collective bargaining agreement in effect
  on April 30, 1991, at each individual facility until--
  `(A) the earlier of the date on which a new bargaining agreement is
  signed; or
  `(B) the end of the 2-year period beginning on the date of the enactment
  of this title.
  `(3) APPLICABILITY OF NLRA- Except as specifically provided in this
  subsection, the Corporation is subject to the provisions of the National
  Labor Relations Act (29 U.S.C. 151 et seq.).
  `(4) BENEFITS OF TRANSFEREES AND DETAILEES- At the request of the Board and
  subject to the approval of the Secretary, an employee of the Department
  may be transferred or detailed as provided for in section 1315, to the
  Corporation without any loss in accrued benefits or standing within the
  Civil Service System. For those employees who accept transfer to the
  Corporation, it shall be their option as to whether to have any accrued
  retirement benefits transferred to a retirement system established
  by the Corporation or to retain their coverage under either the Civil
  Service Retirement System or the Federal Employees' Retirement System, as
  applicable, in lieu of coverage by the Corporation's retirement system. For
  those employees electing to remain with one of the Federal retirement
  systems, the Corporation shall withhold pay and make such payments as
  are required under the Federal retirement system. For those Department
  employees detailed, the Department shall offer those employees a position
  of like grade, compensation, and proximity to their official duty station
  after their services are no longer required by the Corporation.
`SEC. 1306. AUDITS.
  `(a) INDEPENDENT AUDITS-
  `(1) IN GENERAL- The financial statements of the Corporation shall be
  prepared in accordance with generally accepted accounting principles and
  shall be audited annually by an independent certified public accountant in
  accordance with auditing standards issued by the Comptroller General. Such
  auditing standards shall be consistent with the private sector's generally
  accepted auditing standards.
  `(2) REVIEW BY GAO- The Comptroller General may review any audit of the
  Corporation's financial statements conducted under paragraph (1). The
  Comptroller General shall report to the Congress and the Corporation the
  results of any such review and shall include in such report appropriate
  recommendations.
  `(b) GAO AUDITS-
  `(1) IN GENERAL- The Comptroller General may audit the financial statements
  of the Corporation for any year in the manner provided in subsection (a)(1).
  `(2) REIMBURSEMENT BY CORPORATION- The Corporation shall reimburse the
  Comptroller General for the full cost of any audit conducted under this
  subsection, as determined by the Comptroller General.
  `(c) AVAILABILITY OF BOOKS AND RECORDS- All books, accounts, financial
  records, reports, files, papers, and other property belonging to or in use
  by the Corporation and its auditor that the Comptroller General considers
  necessary to the performance of any audit or review under this section
  shall be made available to the Comptroller General, subject to section 1314.
  `(d) TREATMENT OF GAO AUDITS- Activities the Comptroller General conducts
  under this section shall be in lieu of any other audit of the financial
  transactions of the Corporation the Comptroller General is required to
  make under chapter 91 of title 31, United States Code, or other law.
`SEC. 1307. ANNUAL REPORTS.
  `(a) IN GENERAL- The Corporation shall prepare and submit an annual report of
  its activities to the President and the Congress. This report shall contain--
  `(1) a general description of the Corporation's operations;
  `(2) a summary of the Corporation's operating and financial performance,
  including an explanation of the decision to pay or not pay dividends;
  `(3) copies of audit reports prepared under section 1305;
  `(4) the information required under regulations issued under section 13
  of the Securities Exchange Act of 1934 (15 U.S.C. 78m); and
  `(5) an identification and assessment of any impairment of capital or
  ability of the Corporation to comply with this title.
  `(b) DEADLINE- The report shall be completed not later than 150 days
  following the close of each of the Corporation's fiscal years and shall
  accurately reflect the financial position of the Corporation at fiscal
  year end.
`SEC. 1308. ACCOUNTS.
  `(a) ESTABLISHMENT OF UNITED STATES ENRICHMENT CORPORATION FUND- There is
  established in the Treasury of the United States a revolving fund, to be
  known as the `United States Enrichment Corporation Fund', which shall be
  available to the Corporation, without need for further appropriation and
  without fiscal year limitation, for carrying out its purposes, functions,
  and powers, and which shall not be subject to apportionment under subchapter
  II of chapter 15 of title 31, United States Code.
  `(b) TRANSFER OF UNEXPENDED BALANCES- On the transfer date, the Secretary
  shall, without need of further appropriation, transfer to the Corporation
  the unexpended balance of appropriations and other monies available
  to the Department (inclusive of funds set aside for accounts payable),
  and accounts receivable which are related to functions and activities
  acquired by the Corporation from the Department pursuant to this title,
  including all advance payments.
`SEC. 1309. OBLIGATIONS.
  `(a) ISSUANCE-
  `(1) IN GENERAL- The Corporation may issue and sell bonds, notes, and
  other evidences of indebtedness (collectively referred to in this title as
  `bonds'), except that the Corporation may not issue or sell bonds for the
  purpose of constructing new uranium enrichment facilities or conducting
  directly related preconstruction activities. Borrowing under this paragraph
  during any fiscal year ending before October 1, 1996, shall be subject to
  approval in appropriation Acts.
  `(2) USE OF REVENUES- The Corporation may pledge and use its revenues for
  payment of the principal of and interest on its bonds, for their purchase
  or redemption, and for other purposes incidental to these functions,
  including creation of reserve funds and other funds that may be similarly
  pledged and used.
  `(3) AGREEMENTS WITH HOLDERS AND TRUSTEES- The Corporation may enter
  into binding covenants with the holders and trustees of its bonds with
  respect to--
  `(A) the establishment of reserve and other funds;
  `(B) stipulations concerning the subsequent issuance of bonds; and
  `(C) other matters not inconsistent with this title;
that the Corporation determines necessary or desirable to enhance the
marketability of the bonds.
  `(b) NOT OBLIGATIONS OF UNITED STATES- Bonds issued by the Corporation under
  this section shall not be obligations of, or guaranteed as to principal
  or interest by, the United States, and the bonds shall so plainly state.
  `(c) TERMS AND CONDITIONS-
  `(1) NEGOTIABLE; MATURITY- Bonds issued by the Corporation under this
  section shall be negotiable instruments unless otherwise specified in the
  bond and shall mature not more than 50 years after their date of issuance.
  `(2) ROLE OF SECRETARY OF THE TREASURY-
  `(A) RIGHT OF DISAPPROVAL- The Corporation may set the terms and conditions
  of bonds issued under this section, subject to disapproval of such terms
  and conditions by the Secretary of the Treasury within 5 days after the
  Secretary of the Treasury is notified of the following terms and conditions
  of the bonds:
  `(i) Their forms and denominations.
  `(ii) The times, amounts, and prices at which they are sold.
  `(iii) Their rates of interest.
  `(iv) The terms at which they may be redeemed by the Corporation before
  maturity.
  `(v) The priority of their claims on the Corporation's net revenues with
  respect to principal and interest payments.
  `(vi) Any other terms and conditions.
  `(B) INAPPLICABILITY OF RIGHT TO PRESCRIBE TERMS- Section 9108(a) of title
  31, United States Code, shall not apply to the Corporation.
  `(d) INAPPLICABILITY OF SECURITIES REQUIREMENTS- The Corporation shall be
  considered an executive department of the United States for purposes of
  section 3(c) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(c)).
  `(e) INAPPLICABILITY OF FFB- The Corporation shall not issue or sell any
  bonds to the Federal Financing Bank.
`SEC. 1310. EXEMPTION FROM TAXATION AND PAYMENTS IN LIEU OF TAXES.
  `(a) EXEMPTION FROM TAXATION- In order to render financial assistance to
  those States and localities in which the facilities of the Corporation
  are located, the Corporation shall, beginning in fiscal year 1998, make
  payments to State and local governments as provided in this section. These
  payments shall be in lieu of any and all State and local taxes on the real
  and personal property of the Corporation. All property of the Corporation
  is expressly exempted from taxation in any manner or form by any State,
  county, or other local government entity including State, county, or other
  local government sales tax.
  `(b) PAYMENTS IN LIEU OF TAXES- Beginning in fiscal year 1998, the
  Corporation shall make annual payments, in amounts determined by the
  Corporation to be fair and reasonable, to the State and local governmental
  agencies having tax jurisdiction in any area where facilities of the
  Corporation are located. In making these determinations, the Corporation
  shall be guided by the following criteria:
  `(1) The Corporation shall take into account the customs and practices
  prevailing in the area with respect to appraisal, assessment, and
  classification of industrial property and any special considerations
  extended to large-scale industrial operations.
  `(2) The payment made to any taxing authority for any period shall not be
  less than the payments that would have been made to the taxing authority for
  the same period by the Department and its cost-type contractors on behalf
  of the Department with respect to property that has been transferred to
  the Corporation under section 1404 and that would have been attributable to
  the ownership, management, operation, and maintenance of the Department's
  uranium enrichment facilities, applying the laws and policies prevailing
  immediately prior to the transition date.
  `(c) TIME OF PAYMENTS- Payments shall be made by the Corporation at the
  time when payments of taxes by taxpayers to each taxing authority are due
  and payable.
  `(d) DETERMINATION OF AMOUNT DUE- The determination by the Corporation of
  the amounts due under this section shall be final and conclusive.
`SEC. 1311. COOPERATION WITH OTHER AGENCIES.
  `The Corporation may request to use on a reimbursable basis the available
  services, equipment, personnel, and facilities of agencies of the United
  States, and on a similar basis may cooperate with such agencies in
  the establishment and use of services, equipment, and facilities of the
  Corporation. Further, the Corporation may confer with and avail itself of
  the cooperation, services, records, and facilities of State, territorial,
  municipal, or other local agencies.
`SEC. 1312. APPLICABILITY OF CERTAIN FEDERAL LAWS.
  `(a) ANTITRUST LAWS- The Corporation shall conduct its activities in a manner
  consistent with the policies expressed in the following antitrust laws:
  `(1) The Sherman Act (15 U.S.C. 1-7).
  `(2) The Clayton Act (15 U.S.C. 12-27).
  `(3) Sections 73 and 74 of the Wilson Tariff Act (15 U.S.C. 8 and 9).
  `(b) ENVIRONMENTAL LAWS- The Corporation shall be subject to, and comply
  with, all Federal and State, interstate, and local environmental laws
  and requirements, both substantive and procedural, in the same manner,
  and to the same extent, as any person who is subject to such laws and
  requirements. For purposes of enforcing any such law or substantive or
  procedural requirements (including any injunctive relief, administrative
  order, or civil or administrative penalty or fine) against the Corporation,
  the United States expressly waives any immunity otherwise applicable to the
  Corporation. For the purposes of this subsection, the term `person' means
  an individual, trust, firm, joint stock company, corporation, partnership,
  association, State, municipality, or political subdivision of a State.
  `(c) OSHA REQUIREMENTS- Notwithstanding sections 3(5), 4(b)(1), and 19
  of the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(5),
  653(b)(1), and 668)), the Corporation shall be subject to, and comply
  with, such Act and all regulations and standards promulgated thereunder
  in the same manner, and to the same extent, as an employer is subject to
  such Act. For the purposes of enforcing such Act (including any injunctive
  relief, administrative order, or civil, administrative, or criminal penalty
  or fine) against the Corporation, the United States expressly waives any
  immunity otherwise applicable to the Corporation.
  `(d) LABOR STANDARDS- The Act of March 3, 1931 (known as the Davis-Bacon
  Act) (40 U.S.C. 276a et seq.) and the Service Contract Act of 1965 (41
  U.S.C. 351 et seq.) shall apply to the Corporation. All laborers and
  mechanics employed on the construction, alteration, or repair of projects
  funded, in whole or in part, by the Corporation shall be paid wages at
  rates not less than those prevailing on projects of a similar character
  in the locality as determined by the Secretary of Labor in accordance
  with such Act of March 3, 1931. The Secretary of Labor shall have, with
  respect to the labor standards specified in this subsection, the authority
  and functions set forth in Reorganization Plan Numbered 14 of 1950 (15
  F.R. 3176, 64 Stat. 1267) and the Act of June 13, 1934 (40 U.S.C. 276c).
  `(e) ENERGY REORGANIZATION ACT REQUIREMENTS- The Corporation is subject to
  the provisions of section 210 of the Energy Reorganization Act of 1974 (42
  U.S.C. 5850) to the same extent as an employer subject to such section, and,
  with respect to the operation of the facilities leased by the Corporation,
  section 206 of the Energy Reorganization Act of 1974 (42 U.S.C. 5846)
  shall apply to the directors and officers of the Corporation.
  `(f) EXEMPTION FROM FEDERAL PROPERTY REQUIREMENTS- The Corporation shall
  not be subject to the Federal Property and Administrative Services Act of
  1949 (41 U.S.C. 471 et seq.).
`SEC. 1313. SECURITY.
  `Any references to the term `Commission' or to the Department in sections
  161k., 221a., and 230 shall be considered to include the Corporation.
`SEC. 1314. CONTROL OF INFORMATION.
  `(a) IN GENERAL- Except as provided in subsection (b), the Corporation may
  protect trade secrets and commercial or financial information to the same
  extent as a privately owned corporation.
  `(b) OTHER APPLICABLE LAWS- Section 552(d) of title 5, United States Code,
  shall apply to the Corporation, and such information shall be subject to
  the applicable provisions of law protecting the confidentiality of trade
  secrets and business and financial information, including section 1905 of
  title 18, United States Code.
`SEC. 1315. TRANSITION.
  `(a) TRANSITION MANAGER- Within 30 days after the date of the enactment of
  this title, the President shall appoint a Transition Manager, who shall
  serve at the pleasure of the President until a quorum of the Board has
  been appointed and confirmed in accordance with section 1304.
  `(b) POWERS-
  `(1) IN GENERAL- Until a quorum of the Board has qualified, the Transition
  Manager shall exercise the powers and duties of the Board and shall be
  responsible for taking all actions needed to effect the transfer of the
  uranium enrichment enterprise from the Secretary to the Corporation on
  the transition date.
  `(2) CONTINUATION UNTIL BOARD HAS QUORUM- In the event that a quorum of
  the Board has not qualified by the transition date, the Transition Manager
  shall continue to exercise the powers and duties of the Board until a
  quorum has qualified.
  `(c) RATIFICATION OF TRANSITION MANAGER'S ACTIONS- All actions taken by
  the Transition Manager before the qualification of a quorum of the Board
  shall be subject to ratification by the Board.
  `(d) RESPONSIBILITIES OF SECRETARY- Before the transition date, the
  Secretary shall--
  `(1) continue to be responsible for the management and operation of the
  uranium enrichment plants;
  `(2) provide funds, to the extent provided in appropriations Acts, to the
  Transition Manager to pay salaries and expenses;
  `(3) delegate Department employees to assist the Transition Manager in
  meeting his responsibilities under this section; and
  `(4) assist and cooperate with the Transition Manager in preparing for
  the transfer of the uranium enrichment enterprise to the Corporation on
  the transition date.
  `(e) TRANSITION DATE- The transition date shall be July 1, 1993.
  `(f) DETAIL OF PERSONNEL- For the purpose of continuity of operations,
  maintenance, and authority, the Department shall detail, for up to 18 months
  after the date of the enactment of this title, appropriate Department
  personnel as may be required in an acting capacity, until such time as
  a Board is confirmed and top officers of the Corporation are hired. The
  Corporation shall reimburse the Department and its contractors for the
  detail of such personnel.
`SEC. 1316. WORKING CAPITAL ACCOUNT.
  `There shall be established within the Corporation a Working Capital Account
  in which the Corporation may retain all revenue necessary for legitimate
  business expenses, or investments, related to carrying out its purposes.
`CHAPTER 24--RIGHTS, PRIVILEGES, AND ASSETS OF THE CORPORATION
`SEC. 1401. MARKETING AND CONTRACTING AUTHORITY.
  `(a) EXCLUSIVE MARKETING AGENT- The Corporation shall act as the exclusive
  marketing agent on behalf of the United States Government for entering
  into contracts for providing enriched uranium (including low-enriched
  uranium derived from highly enriched uranium) and uranium enrichment
  and related services. The Department may not market enriched uranium
  (including low-enriched uranium derived from highly enriched uranium),
  or uranium enrichment and related services, after the transition date.
  `(b) TRANSFER OF CONTRACTS-
  `(1) IN GENERAL- Except as provided in paragraph (2), all contracts,
  agreements, and leases with the Department, including all uranium enrichment
  contracts and power purchase contracts, that have been executed by the
  Department before the transition date and that relate to uranium enrichment
  and related services shall transfer to the Corporation.
  `(2) EXCEPTIONS-
  `(A) TVA SETTLEMENT- The rights and responsibilities of the Department
  under the settlement agreement with the Tennessee Valley Authority,
  filed on December 18, 1987, with the United States Claims Court, shall
  not transfer to the Corporation.
  `(B) NONTRANSFERABLE POWER CONTRACTS- If the Secretary determines that a
  power purchase contract executed by the Department prior to the transition
  date cannot be transferred under its terms, the Secretary may continue to
  receive power under the contract and resell such power to the Corporation
  at cost.
  `(C) NONPOWER APPLICATIONS- Contracts for enriched uranium and uranium
  services in existence as of the date of the enactment of this title for
  research and development or other nonpower applications shall remain
  with the Department. At the request of the Department, the Corporation,
  in consultation with the Department, may enter into such contracts it
  determines to be appropriate.
`SEC. 1402. PRICING.
  `(a) SERVICES PROVIDED TO COMMERCIAL CUSTOMERS- The Corporation shall
  establish prices for its products, materials, and services provided to
  customers other than the Department on a basis that will allow it to attain
  the normal business objectives of a profitmaking corporation.
  `(b) SERVICES PROVIDED TO DOE- The Corporation shall charge prices to the
  Department for uranium enrichment services provided under section 1303(9)
  on a basis that will allow it to recover its costs, on a yearly basis, for
  providing products, materials, and services, and provide for a reasonable
  profit.
`SEC. 1403. LEASING OF GASEOUS DIFFUSION FACILITIES OF DEPARTMENT.
  `(a) IN GENERAL- The Corporation shall lease the Paducah Gaseous Diffusion
  Plant in Paducah, Kentucky, the Portsmouth Gaseous Diffusion Plant in
  Piketon, Ohio, and related property of the Department, for a period of 6
  years from the transition date. Thereafter, the Corporation shall have
  the exclusive option to lease such facilities and related property for
  additional periods.
  `(b) TERMS OF LEASE- The Corporation and the Department shall set mutually
  agreeable terms for a lease under subsection (a), including specifying
  annual payments to the Department by the Corporation to be made. The amount
  of annual payments shall be equal to the cost incurred by the Department
  in administering the lease and providing services related to the lease to
  the Corporation (excluding depreciation and imputed interest on original
  plant investments in the Department's gaseous diffusion plants and costs
  under subsection (d)).
  `(c) EXCLUSION OF FACILITIES FOR PRODUCTION OF HIGHLY ENRICHED URANIUM-
  Subsection (a) shall not apply to Department facilities necessary for
  the production of highly enriched uranium. The Secretary may grant to
  the Corporation access to such facilities for purposes other than the
  production of highly enriched uranium.
  `(d) DOE RESPONSIBILITY FOR PREEXISTING CONDITIONS- The payment of any costs
  of decontamination and decommissioning, response actions, or corrective
  actions with respect to conditions existing before the transition date,
  in connection with property of the Department leased under subsection (a),
  shall remain the sole responsibility of the Department.
  `(e) ENVIRONMENTAL AUDIT- The Secretary, in consultation with the
  Administrator of the Environmental Protection Agency, shall conduct a
  comprehensive environmental audit identifying environmental conditions that
  will remain the responsibility of the Department pursuant to subsection
  (d) after the transition date. Such audit shall be completed no later than
  the transition date.
  `(f) TREATMENT UNDER PRICE-ANDERSON PROVISIONS- Any lease executed between
  the Secretary and the Corporation under this section shall be deemed to
  be a contract for purposes of section 170 d.
  `(g) WAIVER OF EIS REQUIREMENT- The execution of the lease by the
  Corporation and the Department shall not be considered a major Federal
  action significantly affecting the quality of the human environment for
  purposes of section 102 of the National Environmental Policy Act of 1969
  (42 U.S.C. 4332).
`SEC. 1404. CAPITAL STRUCTURE OF CORPORATION.
  `(a) CAPITAL STOCK-
  `(1) ISSUANCE TO SECRETARY OF THE TREASURY- The Corporation shall issue
  capital stock representing an equity investment equal to the greater of--
  `(A) $3,000,000,000; or
  `(B) the book value of assets transferred to the Corporation, as reported
  in the Uranium Enrichment Annual Report for fiscal year 1991, modified to
  reflect continued depreciation and other usual changes that occur up to
  the transfer date.
The Secretary of the Treasury shall hold such stock for the United States,
except that all rights and duties pertaining to management of the Corporation
shall remain vested in the Board.
  `(2) RESTRICTION ON TRANSFERS OF STOCK BY UNITED STATES- The capital stock
  of the Corporation shall not be sold, transferred, or conveyed by the
  United States, except to carry out the privatization of the Corporation
  under section 1502.
  `(3) ANNUAL ASSESSMENT- The Secretary of the Treasury shall annually assess
  the value of the stock held by the Secretary under paragraph (1) and submit
  to the Congress a report setting forth such value. The annual assessment
  of the Secretary shall be subject to review by an independent auditor.
  `(b) PAYMENT OF DIVIDENDS- The Corporation shall pay into miscellaneous
  receipts of the Treasury of the United States or such other fund as is
  provided by law, dividends on the capital stock, out of earnings of the
  Corporation, as a return on the investment represented by such stock. Until
  privatization occurs under section 1502, the Corporation shall pay as
  dividends to the Treasury of the United States all net revenues remaining
  at the end of each fiscal year not required for operating expenses or for
  deposit into the Working Capital Account established in section 1316.
  `(c) PROHIBITION ON ADDITIONAL FEDERAL ASSISTANCE- Except as otherwise
  specifically provided in this title, the Corporation shall receive no
  appropriations, loans, or other financial assistance from the Federal
  Government.
  `(d) SOLE RECOVERY OF UNRECOVERED COSTS- Receipt by the United States of the
  proceeds from the sale of stock issued by the Corporation under subsection
  (a)(1), and the dividends paid under subsection (b), shall constitute
  the sole recovery by the United States of previously unrecovered costs
  (including depreciation and imputed interest on original plant investments
  in the Department's gaseous diffusion plants) that have been incurred by the
  United States for uranium enrichment activities prior to the transition date.
`SEC. 1405. PATENTS AND INVENTIONS.
  `The Corporation may at any time apply to the Department for a patent
  license for the use of an invention or discovery useful in the production
  or utilization of special nuclear material or atomic energy covered by
  a patent when the patent has not been declared to be affected with the
  public interest under section 153 a. and when use of the patent is within
  the Corporation's authority. An application shall constitute an application
  under section 153 c. subject to section 153 c., d., e., f., g., and h.
`SEC. 1406. LIABILITIES.
  `(a) LIABILITIES BASED ON OPERATIONS BEFORE TRANSITION- Except as otherwise
  provided in this title, all liabilities attributable to operation of the
  uranium enrichment enterprise before the transition date shall remain
  direct liabilities of the Department.
  `(b) JUDGMENTS BASED ON OPERATIONS BEFORE TRANSITION- Any judgment entered
  against the Corporation imposing liability arising out of the operation
  of the uranium enrichment enterprise before the transition date shall be
  considered a judgment against and shall be payable solely by the Department.
  `(c) REPRESENTATION- With regard to any claim seeking to impose liability
  under subsection (a) or (b), the United States shall be represented by
  the Department of Justice.
  `(d) JUDGMENTS BASED ON OPERATIONS AFTER TRANSITION- Any judgment entered
  against the Corporation arising from operations of the Corporation on or
  after the transition date shall be payable solely by the Corporation from
  its own funds. The Corporation shall not be considered a Federal agency
  for purposes of chapter 171 of title 28, United States Code.
`SEC. 1407. TRANSFER OF URANIUM INVENTORIES.
  `The Secretary shall transfer to the Corporation without charge all raw
  and low-enriched uranium inventories of the Department necessary for the
  fulfillment of contracts transferred under section 1401(b).
`SEC. 1408. PURCHASE OF HIGHLY ENRICHED URANIUM FROM FORMER SOVIET UNION.
  `(a) IN GENERAL- The Corporation is authorized to negotiate the purchase
  of all highly enriched uranium made available by any State of the former
  Soviet Union under a government-to-government agreement or shall assume the
  obligations of the Department under any contractual agreement that has been
  reached with any such State or any private entity before the transition
  date. The Corporation may only purchase this material so long as the
  quality of the material can be made suitable for use in commercial reactors.
  `(b) ASSESSMENT OF POTENTIAL USE- The Corporation shall prepare an assessment
  of the potential use of highly enriched uranium in the business operations
  of the Corporation.
  `(c) PLAN FOR BLENDING AND CONVERSION- In the event that the agreement under
  subsection (a) provides for the Corporation to provide for the blending
  and conversion the assessment shall include a plan for such blending and
  conversion. The plan shall determine the least-cost approach to providing
  blending and conversion services, compatible with environmental, safety,
  security, and nonproliferation requirements. The plan shall include a
  competitive process that the Corporation shall use for selecting a provider
  of such services, including the public solicitation of proposals from the
  private sector to allow a determination of the least-cost approach.
  `(d) MINIMIZATION OF IMPACT ON DOMESTIC INDUSTRIES- The Corporation shall
  seek to minimize the impact on domestic industries (including uranium mining)
  of the sale of low-enriched uranium derived from highly enriched uranium.
`CHAPTER 25--PRIVATIZATION OF THE CORPORATION
`SEC. 1501. STRATEGIC PLAN FOR PRIVATIZATION.
  `(a) IN GENERAL- Within 2 years after the transition date, the Corporation
  shall prepare a strategic plan for transferring ownership of the Corporation
  to private investors. The Corporation shall revise the plan as needed.
  `(b) CONSIDERATION OF ALTERNATIVE MEANS OF TRANSFERRING OWNERSHIP- The plan
  shall include consideration of alternative means for transferring ownership
  of the Corporation to private investors, including public stock offering,
  private placement, or merger or acquisition. The plan may call for the
  phased transfer of ownership or for complete transfer at a single point
  of time. If the plan calls for phased transfer of ownership, then--
  `(1) privatization shall be deemed to occur when 100 percent of ownership
  has been transferred to private investors;
  `(2) prior to privatization, such stock shall be nonvoting stock; and
  `(3) at the time of privatization, such stock shall convert to voting stock.
  `(c) EVALUATION AND RECOMMENDATION- The plan shall evaluate the relative
  merits of the alternatives considered and the estimated return on the
  Government's investment in the Corporation achievable through each
  alternative. The plan shall include the Corporation's recommendation on
  its preferred means of privatization.
  `(d) TRANSMITTAL- The Corporation shall transmit copies of the strategic
  plan for privatization to the President and Congress upon completion.
`SEC. 1502. PRIVATIZATION.
  `(a) IMPLEMENTATION- Subsequent to transmitting a plan for privatization
  pursuant to section 1501, and subject to subsections (b) and (c),
  the Corporation may implement the privatization plan if the Corporation
  determines, in consultation with appropriate agencies of the United States,
  that privatization will--
  `(1) result in a return to the United States at least equal to the net
  present value of the Corporation;
  `(2) not result in the Corporation being owned, controlled, or dominated
  by an alien, a foreign corporation, or a foreign government;
  `(3) not be inimical to the health and safety of the public or the common
  defense and security; and
  `(4) provide reasonable assurance that adequate enrichment capacity will
  remain available to meet the domestic electric utility industry.
  `(b) REQUIREMENT OF PRESIDENTIAL APPROVAL- The Corporation may not implement
  the privatization plan without the approval of the President.
  `(c) NOTIFICATION OF CONGRESS AND GAO EVALUATION- The Corporation shall
  notify the Congress of its intent to implement the privatization plan. Within
  30 days of notification, the Comptroller General shall submit a report to
  Congress evaluating the extent to which--
  `(1) the privatization plan would result in any ongoing obligation or
  undue cost to the Federal Government; and
  `(2) the revenues gained by the Federal Government under the privatization
  plan would represent at least the net present value of the Corporation.
  `(d) PERIOD FOR CONGRESSIONAL REVIEW- The Corporation may not implement
  the privatization plan less than 60 days after notification of the Congress.
  `(e) DEPOSIT OF PROCEEDS- Proceeds from the sale of capital stock of the
  Corporation under this section shall be deposited in the general fund of
  the Treasury.
`CHAPTER 26--AVLIS AND ALTERNATIVE TECHNOLOGIES FOR URANIUM ENRICHMENT
`SEC. 1601. ASSESSMENT BY UNITED STATES ENRICHMENT CORPORATION.
  `(a) IN GENERAL- The Corporation shall prepare an assessment of the economic
  viability of proceeding with the commercialization of AVLIS and alternative
  technologies for uranium enrichment in accordance with this chapter. The
  assessment shall include--
  `(1) an evaluation of market conditions together with a marketing strategy;
  `(2) an analysis of the economic viability of competing enrichment
  technologies;
  `(3) an identification of predeployment and capital requirements for
  the commercialization of AVLIS and alternative technologies for uranium
  enrichment;
  `(4) an estimate of potential earnings from the licensing of AVLIS and
  alternative technologies for uranium enrichment to a private government
  sponsored corporation;
  `(5) an analysis of outstanding and potential patent and related claims
  with respect to AVLIS and alternative technologies for uranium enrichment,
  and a plan for resolving such claims; and
  `(6) a contingency plan for providing enriched uranium and related services
  in the event that deployment of AVLIS and alternative technologies for
  uranium enrichment is determined not to be economically viable.
  `(b) DETERMINATION BY CORPORATION TO PROCEED WITH COMMERCIALIZATION OF
  AVLIS OR ALTERNATIVE TECHNOLOGIES FOR URANIUM ENRICHMENT- The succeeding
  sections of this chapter shall apply only to the extent the Corporation
  determines in its business judgment, on the basis of the assessment prepared
  under subsection (a), to proceed with the commercialization of AVLIS or
  alternative technologies for uranium enrichment.
`SEC. 1602. TRANSFER OF RIGHTS AND PROPERTY TO UNITED STATES ENRICHMENT
CORPORATION.
  `(a) EXCLUSIVE RIGHT TO COMMERCIALIZE- The Corporation shall have the
  exclusive commercial right to deploy and use any AVLIS patents, processes,
  and technical information owned or controlled by the Government, upon
  completion of a royalty agreement with the Department.
  `(b) TRANSFER OF RELATED PROPERTY TO CORPORATION-
  `(1) IN GENERAL- To the extent requested by the Corporation, the President
  shall transfer without charge to the Corporation all of the Department's
  right, title, or interest in and to property owned by the Department,
  or by the United States but under control or custody of the Department,
  that is directly related to and materially useful in the performance of
  the Corporation's purposes regarding AVLIS and alternative technologies
  for uranium enrichment, including--
  `(A) facilities, equipment, and materials for research, development,
  and demonstration activities; and
  `(B) all other facilities, equipment, materials, processes, patents,
  technical information of any kind, contracts, agreements, and leases.
  `(2) EXCEPTION- Facilities, real estate, improvements, and equipment related
  to the gaseous diffusion, and gas centrifuge, uranium enrichment programs
  of the Department shall not transfer under paragraph (1)(B).
  `(3) EXPIRATION OF TRANSFER AUTHORITY- The President's authority to
  transfer property under this subsection shall expire upon privatization
  under section 1502.
  `(c) LIABILITY FOR PATENT AND RELATED CLAIMS- With respect to any right,
  title, or interest provided to the Corporation under subsection (a) or (b),
  the Corporation shall have sole liability for any payments made or awards
  under section 157 b. (3), or any settlements or judgments involving claims
  for alleged patent infringement. Any royalty agreement under subsection
  (a) shall provide for a reduction of royalty payments to the Department to
  offset any payments, awards, settlements, or judgments under this subsection.
`SEC. 1603. PREDEPLOYMENT ACTIVITIES BY UNITED STATES ENRICHMENT CORPORATION.
  `The Corporation may begin activities necessary to prepare AVLIS or
  alternative technologies for uranium enrichment for commercialization
  including--
  `(1) completion of preapplication activities with the Nuclear Regulatory
  Commission;
  `(2) preparation of a transition plan to move AVLIS or alternative
  technologies for uranium enrichment from the laboratory to the marketplace;
  `(3) confirmation of technical performance;
  `(4) validation of economic projections;
  `(5) completion of feasibility and risk studies;
  `(6) initiation of preliminary plant design and engineering; and
  `(7) site selection, site characterization, and environmental documentation
  activities on the basis of site evaluations and recommendations prepared
  for the Department by the Argonne National Laboratory.
`SEC. 1604. UNITED STATES ENRICHMENT CORPORATION SPONSORSHIP OF PRIVATE
FOR-PROFIT CORPORATION TO CONSTRUCT AVLIS AND ALTERNATIVE TECHNOLOGIES FOR
URANIUM ENRICHMENT.
  `(a) ESTABLISHMENT-
  `(1) IN GENERAL- If the Corporation determines to proceed with the
  commercialization of AVLIS or alternative technologies for uranium enrichment
  under this chapter, the Corporation may provide for the establishment of
  a private for-profit corporation, which shall have as its initial purpose
  the construction of a uranium enrichment facility using AVLIS technology
  or alternative technologies for uranium enrichment.
  `(2) PROCESS OF ORGANIZATION- For purposes of the establishment of the
  private corporation under paragraph (1), the Corporation shall appoint not
  less than 3 persons to be incorporators. The incorporators so appointed
  shall each sign the articles of incorporation and shall serve as the
  initial board of directors until the members of the 1st regular board
  of directors shall have been appointed and elected. Such incorporators
  shall take whatever actions are necessary or appropriate to establish the
  private corporation, including the filing of articles of incorporation in
  such jurisdiction as the incorporators determine to be appropriate. The
  incorporators shall also develop a plan for the issuance by the private
  corporation of voting common stock to the public, which plan shall be
  subject to the approval of the Secretary of the Treasury.
  `(b) LEGAL STATUS OF PRIVATE CORPORATION-
  `(1) NOT FEDERAL AGENCY- The private corporation established under subsection
  (a) shall not be an agency, instrumentality, or establishment of the United
  States Government and shall not be a Government corporation or Government
  controlled corporation.
  `(2) NO RECOURSE AGAINST UNITED STATES- Obligations of the private
  corporation established under subsection (a) shall not be obligations of,
  or guaranteed as to principal or interest by, the Corporation or the United
  States, and the obligations shall so plainly state.
  `(3) NO CLAIMS COURT JURISDICTION- No action under section 1491 of title 28,
  United States Code, shall be allowable against the United States based on
  the actions of the private corporation established under subsection (a).
  `(c) TRANSACTIONS BETWEEN UNITED STATES ENRICHMENT CORPORATION AND PRIVATE
  CORPORATION-
  `(1) GRANTS FROM USEC- The Corporation may make grants to the private
  corporation established under subsection (a) from amounts available
  in the AVLIS Commercialization Fund. Such grants shall be used by the
  private corporation to carry out any remaining predeployment activity
  assigned to the private corporation by the Corporation. Such grants
  may not be used for the costs of constructing an AVLIS, or alternative
  technologies for uranium enrichment, production facility or engaging in
  directly related preconstruction activities (other than such assigned
  predeployment activities). The aggregate amount of such grants shall not
  exceed $364,000,000.
  `(2) LICENSING AGREEMENT- The Corporation shall license to the private
  corporation established under subsection (a) the rights, titles, and
  interests provided to the Corporation under section 1602. The licensing
  agreement shall require the private corporation to make periodic payments
  to the Corporation in an amount that is not less than the aggregate amounts
  paid by the Corporation during the period involved under subsections (a)
  and (c) of section 1602.
  `(3) PURCHASE AGREEMENT- The Corporation may enter into a commitment
  to purchase all enriched uranium produced at an AVLIS, or alternative
  technologies for uranium enrichment, facility of the private corporation
  established under subsection (a) at a price negotiated by the 2 corporations
  that--
  `(A) provides the private corporation with a reasonable return on its
  investment; and
  `(B) is less costly than enriched uranium available from other sources.
  `(4) ADDITIONAL ASSISTANCE- The Corporation may provide to the private
  corporation established under subsection (a), on a reimbursable basis,
  such additional personnel, services, and equipment as the 2 corporations
  may determine to be appropriate.
`SEC. 1605. AVLIS COMMERCIALIZATION FUND WITHIN UNITED STATES ENRICHMENT
CORPORATION.
  `(a) ESTABLISHMENT- The Corporation may establish within the Corporation
  an AVLIS Commercialization Fund, which shall consist of not more than
  $364,000,000 paid into the Fund by the Corporation from amounts provided
  in appropriation Acts for such purposes and from the retained earnings of
  the Corporation.
  `(b) EXPENDITURES FROM FUND- Amounts in the AVLIS Commercialization Fund
  shall be available for--
  `(1) expenses of the Corporation in preparing the assessment under
  section 1601;
  `(2) expenses of predeployment activities under section 1603; and
  `(3) grants to the private corporation under section 1604.
  `(c) LIMITATIONS-
  `(1) EXCLUSIVE SOURCE OF FUNDS- The Corporation may not incur any
  obligation, or expend any amount, with respect to AVLIS or alternative
  technologies for uranium enrichment, except from amounts available in the
  AVLIS Commercialization Fund.
  `(2) UNAVAILABLE FOR CONSTRUCTION COSTS- No amount may be used from the
  AVLIS Commercialization Fund for the costs of constructing an AVLIS,
  or alternative technologies for uranium enrichment, production facility
  or engaging in directly related preconstruction activities (other than
  activities specified in subsection (b)).
  `(d) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
  $364,000,000 from the Uranium Enrichment Special Fund for purposes of
  this section.
  `(e) COST REPORT- On the basis of the assessment under section 1601(a)(3),
  the Corporation shall submit to the Congress a report on the capital
  requirements for commercialization of AVLIS.
`SEC. 1606. DEPARTMENT RESEARCH AND DEVELOPMENT ASSISTANCE.
  `If requested by the Corporation, the Secretary shall provide, on a
  reimbursable basis, research and development of AVLIS and alternative
  technologies for uranium enrichment.
`SEC. 1607. SITE SELECTION.
  `This chapter shall not prejudice consideration of the site of an existing
  uranium enrichment facility as a candidate site for future expansion or
  replacement of uranium enrichment capacity through AVLIS or alternative
  technologies for uranium enrichment. Selection of a site for the AVLIS,
  or alternative technologies for uranium enrichment, facility shall be made
  on a competitive basis, taking into consideration economic performance,
  environmental compatibility, and use of any existing uranium enrichment
  facilities.
`SEC. 1608. EXCLUSION FROM PRICE-ANDERSON COVERAGE.
  `Section 170 shall not apply to any license under section 53, 63, or
  103 for a uranium enrichment facility constructed after the date of the
  enactment of this title.'.
SEC. 902. CONFORMING AMENDMENTS AND REPEALERS.
  (a) ATOMIC ENERGY ACT OF 1954-
  (1) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended--
  (A) by inserting after `ATOMIC ENERGY ACT OF 1954' the 1st place it appears
  the following:
`TABLE OF CONTENTS
`TITLE I--ATOMIC ENERGY';
and
  (B) by adding at the end of the table of contents the following:
`TITLE II--UNITED STATES ENRICHMENT CORPORATION
`Chapter 22--General Provisions
`Sec. 1201. Definitions.
`Sec. 1202. Purposes.
`Chapter 23--Establishment, Powers, and Organization of Corporation
`Sec. 1301. Establishment of the Corporation.
`Sec. 1302. Corporate offices.
`Sec. 1303. Powers of the Corporation.
`Sec. 1304. Board of Directors.
`Sec. 1305. Employees of the Corporation.
`Sec. 1306. Audits.
`Sec. 1307. Annual reports.
`Sec. 1308. Accounts.
`Sec. 1309. Obligations.
`Sec. 1310. Exemption from taxation and payments in lieu of taxes.
`Sec. 1311. Cooperation with other agencies.
`Sec. 1312. Applicability of certain Federal laws.
`Sec. 1313. Security.
`Sec. 1314. Control of information.
`Sec. 1315. Transition.
`Sec. 1316. Working Capital Account.
`Chapter 24--Rights, Privileges, and Assets of the Corporation
`Sec. 1401. Marketing and contracting authority.
`Sec. 1402. Pricing.
`Sec. 1403. Leasing of gaseous diffusion facilities of department.
`Sec. 1404. Capital structure of Corporation.
`Sec. 1405. Patents and inventions.
`Sec. 1406. Liabilities.
`Sec. 1407. Transfer of uranium inventories.
`Sec. 1408. Purchase of highly enriched uranium from former Soviet Union.
`Chapter 25--Privatization of the Corporation
`Sec. 1501. Strategic plan for privatization.
`Sec. 1502. Privatization.
`Chapter 26--AVLIS and Alternative Technologies for Uranium Enrichment
`Sec. 1601. Assessment by United States Enrichment Corporation.
`Sec. 1602. Transfer of rights and property to United States Enrichment
Corporation.
`Sec. 1603. Predeployment activities by United States Enrichment Corporation.
`Sec. 1604. United States Enrichment Corporation sponsorship of private
for-profit corporation to construct AVLIS and alternative technologies for
uranium enrichment.
`Sec. 1605. AVLIS Commercialization Fund within United States Enrichment
Corporation.
`Sec. 1606. Department research and development assistance.
`Sec. 1607. Site selection.
`Sec. 1608. Exclusion from Price-Anderson coverage.'.
  (2) Section 41 a. of the Atomic Energy Act of 1954 (42 U.S.C. 2061(a))
  is amended--
  (A) by striking `or';
  (B) by striking `pursuant to under this Act' and inserting `under this
  title'; and
  (C) by striking the period at the end and inserting `; or (3) are owned
  by the United States Enrichment Corporation.'.
  (3) Section 53 c. (1) of the Atomic Energy Act of 1954 (42 U.S.C. 2073(c)(1))
  is amended--
  (A) by striking `grant,' and inserting `or grant'; and
  (B) by striking `or through the provision of production or enrichment
  services' both places it appears.
  (4) Section 161 v. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(v))
  is amended to read as follows:
  `v. provide services in support of the United States Enrichment Corporation,
  except that the Secretary of Energy shall annually collect payments and
  other charges from the Corporation sufficient to ensure recovery of the
  costs (excluding depreciation and imputed interest on original plant
  investments in the Department's gaseous diffusion plants and costs under
  section 1403(d)) incurred by the Department of Energy after the date of
  the enactment of the Energy Policy Act of 1992 in performing such services;'.
  (5) Section 161 w. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(w))
  is amended--
  (A) by striking the comma after `104 b.' and inserting the following:
  `, or which operates any facility regulated or certified under section
  1701 or 1702,'; and
  (B) by inserting `or certificates' after `holders of, such licenses'.
  (6) Section 274 c. (1) of the Atomic Energy Act of 1954 (42
  U.S.C. 2021(c)(1)) is amended by inserting `or any uranium enrichment
  facility' before the semicolon at the end.
  (7) Section 318(1) of the Atomic Energy Act of 1954 (42 U.S.C. 2286g(1))
  is amended by striking `or' at the end of subparagraph (B), by striking
  the period at the end of subparagraph (C) and inserting `; or', and by
  adding at the end the following new subparagraph:
  `(D) any facility owned by the United States Enrichment Corporation.'.
  (8) The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.) is amended by
  inserting before the chapter heading for chapter 1 the following new heading:
`TITLE I--ATOMIC ENERGY'.
  (b) GOVERNMENT CORPORATION CONTROL PROVISIONS- Section 9101(3) of title 31,
  United States Code is amended by adding at the end the following:
  `(N) the Uranium Enrichment Corporation.'.
  (c) ENERGY AND WATER DEVELOPMENT APPROPRIATION ACT, 1988- Section 306 of
  the Energy and Water Development Appropriation Act, 1988 (Pub. L. 100-202;
  101 Stat. 1329-126) is repealed.
  (d) EXEMPTION FROM DEFICIT CONTROL ACT- Section 255(g)(1)(A) of the Balanced
  Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(g)(1)(A))
  is amended by inserting after the item relating to the Tennessee Valley
  Authority fund the following new item:
  `United States Enrichment Corporation;'.
SEC. 903. RESTRICTIONS ON NUCLEAR EXPORTS.
  (a) FURTHER RESTRICTIONS-
  (1) IN GENERAL- Chapter 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2151
  et seq.) is amended by adding at the end the following new section:
  `SEC. 134. FURTHER RESTRICTIONS ON EXPORTS-
  `a. The Commission may issue a license for the export of highly enriched
  uranium to be used as a fuel or target in a nuclear research or test reactor
  only if, in addition to any other requirement of this Act, the Commission
  determines that--
  `(1) there is no alternative nuclear reactor fuel or target enriched in
  the isotope 235 to a lesser percent than the proposed export, that can be
  used in that reactor;
  `(2) the proposed recipient of that uranium has provided assurances that,
  whenever an alternative nuclear reactor fuel or target can be used in that
  reactor, it will use that alternative in lieu of highly enriched uranium; and
  `(3) the United States Government is actively developing an alternative
  nuclear reactor fuel or target that can be used in that reactor.
  `b. As used in this section--
  `(1) the term `alternative nuclear reactor fuel or target' means a nuclear
  reactor fuel or target which is enriched to less than 20 percent in the
  isotope U-235;
  `(2) the term `highly enriched uranium' means uranium enriched to 20
  percent or more in the isotope U-235; and
  `(3) a fuel or target `can be used' in a nuclear research or test reactor
  if--
  `(A) the fuel or target has been qualified by the Reduced Enrichment
  Research and Test Reactor Program of the Department of Energy, and
  `(B) use of the fuel or target will permit the large majority of ongoing
  and planned experiments and isotope production to be conducted in the
  reactor without a large percentage increase in the total cost of operating
  the reactor.'.
  (2) CLERICAL AMENDMENT- The table of contents of the Atomic Energy Act of
  1954 is amended by adding at the end of the items relating to chapter 11
  the following new item:
`Sec. 134. Further restrictions on exports.'.
  (b) REPORT TO CONGRESS-
  (1) IN GENERAL- Not later than 90 days after the date of the enactment
  of this Act, the Chairman of the Nuclear Regulatory Commission, after
  consulting with other relevant agencies, shall submit to the Congress a
  report detailing the current disposition of previous United States exports
  of highly enriched uranium, including--
  (A) their location;
  (B) whether they are irradiated;
  (C) whether they have been used for the purpose stated in their export
  license; and
  (D) whether they have been used for an alternative purpose and, if so,
  whether such alternative purpose has been explicitly approved by the
  Commission.
  (2) EXPORTS TO EURATOM- To the maximum extent possible, the report required
  by paragraph (1) shall include--
  (A) exports of highly enriched uranium to EURATOM; and
  (B) subsequent retransfers of such material within EURATOM, without regard
  to the extent of United States control over such retransfers.
SEC. 904. SEVERABILITY.
  If any provision of this title, or the amendments made by this title, or
  the application of any provision to any entity, person, or circumstance, is
  for any reason adjudged by a court of competent jurisdiction to be invalid,
  the remainder of this title, and the amendments made by this title, or
  its application shall not be affected.
TITLE X--REMEDIAL ACTION AND URANIUM REVITALIZATION
Subtitle A--Remedial Action at Active Processing Sites
SEC. 1001. REMEDIAL ACTION PROGRAM.
  (a) IN GENERAL- Except as provided in subsection (b), the costs of
  decontamination, decommissioning, reclamation, and other remedial action
  at an active uranium or thorium processing site shall be borne by persons
  licensed under section 62 or 81 of the Atomic Energy Act of 1954 (42
  U.S.C. 2091, 2111) for any activity at such site which results or has
  resulted in the production of byproduct material.
  (b) REIMBURSEMENT-
  (1) IN GENERAL- The Secretary of Energy shall, subject to paragraph (2),
  reimburse at least annually a licensee described in subsection (a) for
  such portion of the costs described in such subsection as are--
  (A) determined by the Secretary to be attributable to byproduct material
  generated as an incident of sales to the United States; and
  (B) either--
  (i) incurred by such licensee not later than December 31, 2002; or
  (ii) placed in escrow not later than December 31, 2002, in accordance
  with a plan for subsequent decontamination, decommissioning, reclamation,
  and other remedial action approved by the Secretary.
  (2) AMOUNT-
  (A) TO INDIVIDUAL ACTIVE SITE URANIUM LICENSEES- The amount of reimbursement
  paid to any licensee under paragraph (1) shall be determined by the
  Secretary in accordance with regulations issued pursuant to section 1002
  and, for uranium mill tailings only, shall not exceed an amount equal to
  $5.50 multiplied by the dry short tons of byproduct material located on
  the date of the enactment of this Act at the site of the activities of
  such licensee described in subsection (a), and generated as an incident
  of sales to the United States.
  (B) TO ALL ACTIVE SITE URANIUM LICENSEES- Payments made under paragraph
  (1) to active site uranium licensees shall not in the aggregate exceed
  $270,000,000.
  (C) TO THORIUM LICENSEES- Payments made under paragraph (1) to the licensee
  of the active thorium site shall not exceed $40,000,000, and may only be
  made for off-site disposal.
  (D) INFLATION ESCALATION INDEX- The amounts in subparagraphs (A), (B), and
  (C) of this paragraph shall be increased annually based upon an inflation
  index. The Secretary shall determine the appropriate index to apply.
  (E) ADDITIONAL REIMBURSEMENT-
  (i) DETERMINATION OF EXCESS- The Secretary shall determine as of July
  31, 2005, whether the amount authorized to be appropriated pursuant to
  section 1003, when considered with the $5.50 per dry short ton limit on
  reimbursement, exceeds the amount reimbursable to the licensees under
  subsection (b)(2).
  (ii) IN THE EVENT OF EXCESS- If the Secretary determines under clause (i)
  that there is an excess, the Secretary may allow reimbursement in excess
  of $5.50 per dry short ton on a prorated basis at such sites where the
  costs reimbursable under subsection (b)(1) exceed the $5.50 per dry short
  ton limitation described in paragraph (2) of such subsection.
  (3) BYPRODUCT LOCATION- Notwithstanding the requirement of paragraph (2)(A)
  that byproduct material be located at the site on the date of the enactment
  of this Act, byproduct material moved from the site of the Edgemont Mill
  to a disposal site as the result of the decontamination, decommissioning,
  reclamation, and other remedial action of such mill shall be eligible for
  reimbursement to the extent eligible under paragraph (1).
SEC. 1002. REGULATIONS.
  Within 180 days of the date of the enactment of this Act, the Secretary
  shall issue regulations governing reimbursement under section 1001. An
  active uranium or thorium processing site owner shall apply for reimbursement
  hereunder by submitting a request for the amount of reimbursement, together
  with reasonable documentation in support thereof, to the Secretary. Any
  such request for reimbursement, supported by reasonable documentation,
  shall be approved by the Secretary and reimbursement therefor shall be
  made in a timely manner subject only to the limitations of section 1001.
SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.
  (a) IN GENERAL- There is authorized to be appropriated $310,000,000 to
  carry out this subtitle. The aggregate amount authorized in the preceding
  sentence shall be increased annually as provided in section 1001, based
  upon an inflation index to be determined by the Secretary.
  (b) SOURCE- Funds described in subsection (a) shall be provided from the
  Fund established under section 1801 of the Atomic Energy Act of 1954.
SEC. 1004. DEFINITIONS.
  For purposes of this subtitle:
  (1) The term `active uranium or thorium processing site' means--
  (A) any uranium or thorium processing site, including the mill, containing
  byproduct material for which a license (issued by the Nuclear Regulatory
  Commission or its predecessor agency under the Atomic Energy Act of 1954,
  or by a State as permitted under section 274 of such Act (42 U.S.C. 2021))
  for the production at such site of any uranium or thorium derived from ore--
  (i) was in effect on January 1, 1978;
  (ii) was issued or renewed after January 1, 1978; or
  (iii) for which an application for renewal or issuance was pending on,
  or after January 1, 1978; and
  (B) any other real property or improvement on such real property that is
  determined by the Secretary or by a State as permitted under section 274
  of the Atomic Energy Act of 1954 (42 U.S.C. 2021) to be--
  (i) in the vicinity of such site; and
  (ii) contaminated with residual byproduct material;
  (2) The term `byproduct material' has the meaning given such term in section
  11 e. (2) of the Atomic Energy Act of 1954, (42 U.S.C. 2014(e)(2)); and
  (3) The term `decontamination, decommissioning, reclamation, and other
  remedial action' means work performed prior to or subsequent to the date of
  the enactment of this Act which is necessary to comply with all applicable
  requirements of the Uranium Mill Tailings Radiation Control Act of 1978 (42
  U.S.C. 7901 et seq.), or where appropriate, with requirements established
  by a State that is a party to a discontinuance agreement under section
  274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021).
Subtitle B--Uranium Revitalization
SEC. 1011. OVERFEED PROGRAM.
  (a) URANIUM PURCHASES- To the maximum extent permitted by sound business
  practice, the Corporation shall purchase uranium in accordance with
  subsection (b) and overfeed it into the enrichment process to reduce
  the amount of power required to produce the enriched uranium ordered by
  enrichment services customers, taking into account costs associated with
  depleted tailings.
  (b) USE OF DOMESTIC URANIUM- Uranium purchased by the Corporation for
  purposes of this section shall be of domestic origin and purchased from
  domestic uranium producers to the extent permitted under the General
  Agreement on Tariffs and Trade and the United States-Canada Free Trade
  Agreement.
SEC. 1012. NATIONAL STRATEGIC URANIUM RESERVE.
  There is hereby established the National Strategic Uranium Reserve under the
  direction and control of the Secretary. The Reserve shall consist of natural
  uranium and uranium equivalents contained in stockpiles or inventories
  currently held by the United States for defense purposes. Effective on
  the date of the enactment of this Act and for 6 years thereafter, use
  of the Reserve shall be restricted to military purposes and government
  research. Use of the Department of Energy's stockpile of enrichment tails
  existing on the date of the enactment of this Act shall be restricted to
  military purposes for 6 years thereafter.
SEC. 1013. SALE OF REMAINING DOE INVENTORIES.
  The Secretary, after making the transfer required under section 1407 of
  the Atomic Energy Act of 1954, may sell, from time to time, portions of
  the remaining inventories of raw or low-enriched uranium of the Department
  that are not necessary to national security needs, to the Corporation,
  at a fair market price. Sales under this section may be made only if
  such sales will not have a substantial adverse impact on the domestic
  uranium mining industry. Proceeds from sales under this subsection shall
  be deposited into the general fund of the United States Treasury.
SEC. 1014. RESPONSIBILITY FOR THE INDUSTRY.
  (a) CONTINUING SECRETARIAL RESPONSIBILITY- The Secretary shall have a
  continuing responsibility for the domestic uranium industry to encourage the
  use of domestic uranium. The Secretary, in fulfilling this responsibility,
  shall not use any supervisory authority over the Corporation. The Secretary
  shall report annually to the appropriate committees of Congress on action
  taken with respect to the domestic uranium industry, including action to
  promote the export of domestic uranium pursuant to subsection (b).
  (b) ENCOURAGE EXPORT- The Department, with the cooperation of the Department
  of Commerce, the United States Trade Representative and other governmental
  organizations, shall encourage the export of domestic uranium. Within
  180 days after the date of the enactment of this Act, the Secretary shall
  develop recommendations and implement government programs to promote the
  export of domestic uranium.
SEC. 1015. ANNUAL URANIUM PURCHASE REPORTS.
  (a) IN GENERAL- By January 1 of each year, the owner or operator of any
  civilian nuclear power reactor shall report to the Secretary, acting
  through the Administrator of the Energy Information Administration, for
  activities of the previous fiscal year--
  (1) the country of origin and the seller of any uranium or enriched uranium
  purchased or imported into the United States either directly or indirectly
  by such owner or operator; and
  (2) the country of origin and the seller of any enrichment services
  purchased by such owner or operator.
  (b) CONGRESSIONAL ACCESS- The information provided to the Secretary
  pursuant to this section shall be made available to the Congress by March
  1 of each year.
SEC. 1016. URANIUM INVENTORY STUDY.
  Within 1 year after the date of the enactment of this Act, the Secretary
  shall submit to the Congress a study and report that includes--
  (1) a comprehensive inventory of all Government owned uranium or uranium
  equivalents, including natural uranium, depleted tailings, low-enriched
  uranium, and highly enriched uranium available for conversion to commercial
  use;
  (2) a plan for the conversion of inventories of foreign and domestic highly
  enriched uranium to low-enriched uranium for commercial use;
  (3) an estimation of the potential need of the United States for inventories
  of highly enriched uranium;
  (4) an analysis and summary of technological requirements and costs
  associated with converting highly enriched uranium to low-enriched uranium,
  including the construction of facilities if necessary;
  (5) an estimation of potential net proceeds from the conversion and sale
  of highly enriched uranium;
  (6) recommendations for implementing a plan to convert highly enriched
  uranium to low-enriched uranium; and
  (7) recommendations for the future use and disposition of such inventories.
SEC. 1017. REGULATORY TREATMENT OF URANIUM PURCHASES.
  (a) ENCOURAGEMENT- The Secretary shall encourage States and utility
  regulatory authorities to take into consideration the achievement of the
  objectives and purposes of this subtitle, including the national need to
  avoid dependence on imports, when considering whether to allow the owner or
  operator of any electric power plant to recover in its rates and charges
  to customers any cost of purchase of domestic uranium, enriched uranium,
  or enrichment services from a non-affiliated seller greater than the cost
  of non-domestic uranium, enriched uranium or enrichment services.
  (b) REPORT- Within 1 year after the date of the enactment of this Act,
  and annually thereafter, the Secretary shall report to the Congress on
  the progress of the Secretary in encouraging actions by State regulatory
  authorities pursuant to subsection (a). Such report shall include detailed
  information on programs initiated by the Secretary to encourage appropriate
  State regulatory action and recommendations, if any, on further action that
  could be taken by the Secretary, other Federal agencies, or the Congress
  in order to further the purposes of this subtitle.
  (c) SAVINGS PROVISION- This section may not be construed to authorize
  the Secretary to take any action in violation of the General Agreement on
  Tariffs and Trade or the United States-Canada Free Trade Agreement.
SEC. 1018. DEFINITIONS.
  For purposes of this subtitle:
  (1) The term `Corporation' means the United States  Enrichment Corporation
  established under section 1301 of the Atomic Energy Act of 1954, as added
  by this Act.
  (2) The term `country of origin' means--
  (A) with respect to uranium, that country where the uranium was mined;
  (B) with respect to enriched uranium, that country where the uranium was
  mined and enriched; or
  (C) with respect to enrichment services, that country where the enrichment
  services were performed.
  (3) The term `domestic origin' refers to any uranium that has been mined
  in the United States including uranium  recovered from uranium deposits in
  the United States by  underground mining, open-pit mining, strip mining,
  in situ  recovery, leaching, and ion recovery, or recovered from  phosphoric
  acid manufactured in the United States.
  (4) The term `domestic uranium producer' means a person  or entity who
  produces domestic uranium and who has, to the  extent required by State
  and Federal agencies having  jurisdiction, licenses and permits for the
  operation,  decontamination, decommissioning, and reclamation of sites,
  structures and equipment.
  (5) The term `non-affiliated' refers to a seller who does not control,
  and is not controlled by or under common control with, the buyer.
  (6) The term `overfeed' means to use uranium in the enrichment process in
  excess of the amount required at the transactional tails assay.
  (7) The term `utility regulatory authority' means any State agency or
  Federal agency that has ratemaking authority with  respect to the sale of
  electric energy by any electric utility or independent power producer. For
  purposes of this paragraph, the terms `electric utility',  `State agency',
  `Federal agency', and `ratemaking authority'  have the respective meanings
  given such terms in section 3 of the Public Utility Regulatory Policies
  Act of 1978.
Subtitle C--Remedial Action at Inactive Processing Sites
SEC. 1031. URANIUM MILL TAILINGS RADIATION CONTROL ACT EXTENSION.
  Section 112(a) of the Uranium Mill Tailings Radiation Control Act of 1978
  (42 U.S.C. 7922(a)) is amended by striking `1994' and inserting `1996'.
TITLE XI--URANIUM ENRICHMENT HEALTH, SAFETY, AND ENVIRONMENT ISSUES
SEC. 1101. URANIUM ENRICHMENT HEALTH, SAFETY, AND ENVIRONMENT ISSUES.
  The Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as amended by
  title IX of this Act, is further amended by adding at the end of title II
  the following:
`CHAPTER 27--LICENSING AND REGULATION OF URANIUM ENRICHMENT FACILITIES
`SEC. 1701. GASEOUS DIFFUSION FACILITIES.
  `(a) ISSUANCE OF STANDARDS- Within 2 years after the date of the enactment of
  this title, the Nuclear Regulatory Commission shall establish by regulation
  such standards as are necessary to govern the gaseous diffusion uranium
  enrichment facilities of the Department in order to protect the public
  health and safety from radiological hazard and provide for the common
  defense and security. Regulations promulgated pursuant to this subsection
  shall, among other things, require that adequate safeguards (within the
  meaning of section 147) are in place.
  `(b) ANNUAL REPORT-
  `(1) IN GENERAL- The Nuclear Regulatory Commission, in consultation with
  the Department and the Environmental Protection Agency, shall report
  at least annually to the Congress on the status of health, safety, and
  environmental conditions at the gaseous diffusion uranium enrichment
  facilities of the Department.
  `(2) REQUIRED DETERMINATION- Such report shall include a determination
  regarding whether the gaseous diffusion uranium enrichment facilities
  of the Department are in compliance with the standards established under
  subsection (a) and all applicable laws.
  `(c) CERTIFICATION PROCESS-
  `(1) ESTABLISHMENT- The Nuclear Regulatory Commission shall establish
  a certification process to ensure that the Corporation complies with
  standards established under subsection (a).
  `(2) ANNUAL APPLICATION FOR CERTIFICATE OF COMPLIANCE- The Corporation
  shall apply at least annually to the Nuclear Regulatory Commission for
  a certificate of compliance under paragraph (1). The Nuclear Regulatory
  Commission, in consultation with the Environmental Protection Agency, shall
  review any such application and any determination made under subsection
  (b)(2) shall be based on the results of any such review.
  `(3) TREATMENT OF CERTIFICATE OF COMPLIANCE- The requirement for a
  certificate of compliance under paragraph (1) shall be in lieu of any
  requirement for a license for any gaseous diffusion facility of the
  Department leased by the Corporation.
  `(4) NRC REVIEW-
  `(A) IN GENERAL- The Nuclear Regulatory Commission, in consultation with
  the Environmental Protection Agency, shall review the operations of the
  Corporation with respect to any gaseous diffusion uranium enrichment
  facilities of the Department leased by the Corporation to ensure that
  public health and safety are adequately protected.
  `(B) ACCESS TO FACILITIES AND INFORMATION- The Corporation and the
  Department shall cooperate fully with the Nuclear Regulatory Commission
  and the Environmental Protection Agency and shall provide the Nuclear
  Regulatory Commission and the Environmental Protection Agency with the
  ready access to the facilities, personnel, and information the Nuclear
  Regulatory Commission and the Environmental Protection Agency consider
  necessary to carry out their responsibilities under this subsection. A
  contractor operating a Corporation facility for the Corporation shall
  provide the Nuclear Regulatory Commission and the Environmental Protection
  Agency with ready access to the facilities, personnel, and information of
  the contractor as the Nuclear Regulatory Commission and the Environmental
  Protection Agency consider necessary to carry out their responsibilities
  under this subsection.
  `(C) LIMITATION- The Nuclear Regulatory Commission shall limit its finding
  under subsection (b)(2) to a determination of whether the facilities are
  in compliance with the standards established under subsection (a).
  `(d) REQUIREMENT FOR OPERATION- The gaseous diffusion uranium enrichment
  facilities of the Department may not be operated by the Corporation unless
  the Nuclear Regulatory Commission, in consultation with the Environmental
  Protection Agency, makes a determination of compliance under subsection
  (b) or approves a plan prepared by the Department for achieving compliance
  required under subsection (b).
`SEC. 1702. LICENSING OF OTHER TECHNOLOGIES.
  `(a) IN GENERAL- Corporation facilities using alternative technologies for
  uranium enrichment, other than AVLIS, shall be licensed under sections 53
  and 63.
  `(b) COSTS FOR DECONTAMINATION AND DECOMMISSIONING- The Corporation
  shall provide for the costs of decontamination and decommissioning of any
  Corporation facilities described in subsection (a) in accordance with the
  requirements of the amendments made by section 5 of the Solar, Wind, Waste,
  and Geothermal Power Production Act of 1990.
`SEC. 1703. REGULATION OF RESTRICTED DATA.
  `The Corporation shall be subject to this Act with respect to the use of,
  or access to, Restricted Data to the same extent as any private corporation.
`CHAPTER 28--DECONTAMINATION AND DECOMMISSIONING
`SEC. 1801. URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING FUND.
  `(a) ESTABLISHMENT- There is established in the Treasury of the United
  States an account to be known as the Uranium Enrichment Decontamination and
  Decommissioning Fund (referred to in this chapter as the `Fund'). The Fund,
  and any amounts deposited in it, including any interest earned thereon,
  shall be available to the Secretary subject to appropriations for the
  exclusive purpose of carrying out this chapter.
  `(b) ADMINISTRATION-
  `(1) IN GENERAL- The Secretary of the Treasury shall hold the Fund and,
  after consultation with the Secretary, annually report to the Congress on
  the financial condition and operations of the Fund during the preceding
  fiscal year.
  `(2) INVESTMENTS- The Secretary of the Treasury shall invest amounts
  contained within the Fund in obligations of the United States--
  `(A) having maturities determined by the Secretary of the Treasury to
  be appropriate for what the Department determines to be the needs of the
  Fund; and
  `(B) bearing interest at rates determined to be appropriate by the Secretary
  of the Treasury, taking into consideration the current average market yield
  on outstanding marketable obligations of the United States with remaining
  periods to maturity comparable to these obligations.
`SEC. 1802. DEPOSITS.
  `(a) AMOUNT- The Fund shall consist of deposits in the amount of $480,000,000
  per fiscal year (to be annually adjusted for inflation using the Consumer
  Price Index for all-urban consumers published by the Department of Labor)
  as provided in this section.
  `(b) SOURCE- Deposits described in subsection (a) shall be from the
  following sources:
  `(1) Sums collected pursuant to subsection (c).
  `(2) Appropriations made pursuant to subsection (d).
  `(c) SPECIAL ASSESSMENT- The Secretary shall collect a special assessment
  from domestic utilities. The total amount collected for a fiscal year
  shall not exceed $150,000,000 (to be annually adjusted for inflation
  using the Consumer Price Index for all-urban consumers published by the
  Department of Labor). The amount collected from each utility pursuant to
  this subsection for a fiscal year shall be in the same ratio to the amount
  required under subsection (a) to be deposited for such fiscal year as the
  total amount of separative work units such utility has purchased from the
  Department of Energy for the purpose of commercial electricity generation,
  before the date of the enactment of this title, bears to the total amount
  of separative work units purchased from the Department of Energy for all
  purposes (including units purchased or produced for defense purposes) before
  the date of the enactment of this title. For purposes of this subsection--
  `(1) a utility shall be considered to have purchased a separative work
  unit from the Department if such separative work unit was produced by the
  Department, but purchased by the utility from another source; and
  `(2) a utility shall not be considered to have purchased a separative
  work unit from the Department if such separative work unit was purchased
  by the utility, but sold to another source.
  `(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Fund, for the period encompassing 15 years after the date of the
  enactment of this title, such sums as are necessary to ensure that the
  amount required under subsection (a) is deposited for each fiscal year.
  `(e) TERMINATION OF ASSESSMENTS- The collection of amounts under subsection
  (c) shall cease after the earlier of--
  `(1) 15 years after the date of the enactment of this title; or
  `(2) the collection of $2,250,000,000 (to be annually adjusted for inflation
  using the Consumer Price Index for all-urban consumers published by the
  Department of Labor) under such subsection.
  `(f) CONTINUATION OF DEPOSITS- Except as provided in subsection (e),
  deposits shall continue to be made into the Fund under subsection (d)
  for the period specified in such subsection.
  `(g) TREATMENT OF ASSESSMENT- Any special assessment levied under this
  section on domestic utilities for the decontamination and decommissioning of
  the Department's gaseous diffusion enrichment facilities shall be deemed a
  necessary and reasonable current cost of fuel and shall be fully recoverable
  in rates in all jurisdictions in the same manner as the utility's other
  fuel cost.
`SEC. 1803. DEPARTMENT FACILITIES.
  `(a) STUDY BY NATIONAL ACADEMY OF SCIENCES- The National Academy of
  Sciences shall conduct a study and provide recommendations for reducing
  costs associated with decontamination and decommissioning, and shall
  report its findings to the Congress within 3 years after the date of
  the enactment of this title. Such report shall include a determination
  of the decontamination and decommissioning required for each facility,
  shall identify alternative methods, using different technologies, shall
  include site-specific surveys of the actual contamination, and shall
  provide estimated costs of those activities.
  `(b) PAYMENT OF DECONTAMINATION AND DECOMMISSIONING COSTS- The costs of
  all decontamination and decommissioning activities of the Department shall
  be paid from the Fund until such time as the Secretary certifies and the
  Congress concurs, by law, that such activities are complete.
  `(c) PAYMENT OF REMEDIAL ACTION COSTS- The annual cost of remedial action at
  the Department's gaseous diffusion facilities shall be paid from the Fund to
  the extent the amount available in the Fund is sufficient. To the extent the
  amount in the Fund is insufficient, the Department shall be responsible for
  the cost of remedial action. No provision of this title may be construed
  to relieve in any way the responsibility or liability of the Department
  for remedial action under applicable Federal and State laws and regulations.
`SEC. 1804. EMPLOYEE PROVISIONS.
  `All laborers and mechanics employed by contractors or subcontractors
  in the performance of decontamination or decommissioning of uranium
  enrichment facilities of the Department shall be paid wages at rates
  not less than those prevailing on projects of a similar character in
  the locality as determined by the Secretary of Labor in accordance with
  the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a
  et seq.). The Secretary of Labor shall have, with respect to the labor
  standards specified in this section, the authority and functions set forth
  in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176, 64 Stat. 1267)
  and the Act of June 13, 1934 (40 U.S.C. 276c). This section may not be
  construed to require the contracting out of activities associated with
  the decontamination or decommissioning of uranium enrichment facilities.
`SEC. 1805. REPORTS TO CONGRESS.
  `Within 3 years after the date of the enactment of this title, and at least
  once every 3 years thereafter, the Secretary shall report to the Congress
  on progress under this chapter. The 5th report submitted under this section
  shall contain recommendations of the Secretary for the reauthorization of
  the program and Fund under this title.'.
SEC. 1102. LICENSING OF AVLIS.
  The last sentence of section 11 v. of the Atomic Energy Act of 1954 (42
  U.S.C. 2014(v)) is amended to read as follows: `Except with respect to the
  export of a uranium enrichment production facility or the construction and
  operation of a uranium enrichment production facility using Atomic Vapor
  Laser Isotope Separation technology, such term as used in chapters 10 and
  16 shall not include any equipment or device (or important component part
  especially designed for such equipment or device) capable of separating
  the isotopes of uranium or enriching uranium in the isotope 235.'.
SEC. 1103. TABLE OF CONTENTS.
  The table of contents for title II of the Atomic Energy Act of 1954, as
  added by title IX of this Act, is amended by adding at the end the following:
`Chapter 27--Licensing and Regulation of Uranium Enrichment Facilities
`Sec. 1701. Gaseous diffusion facilities.
`Sec. 1702. Licensing of other technologies.
`Sec. 1703. Regulation of restricted data.
`Chapter 28--Decontamination and Decommissioning
`Sec. 1801. Uranium Enrichment Decontamination and Decommissioning Fund.
`Sec. 1802. Deposits.
`Sec. 1803. Department facilities.
`Sec. 1804. Employee provisions.
`Sec. 1805. Reports to Congress.'.
TITLE XII--RENEWABLE ENERGY
SEC. 1201. PURPOSES.
  The purposes of this title are to promote--
  (1) increases in the production and utilization of energy from renewable
  energy resources;
  (2) further advances of renewable energy technologies; and
  (3) exports of United States renewable energy technologies and services.
SEC. 1202. DEMONSTRATION AND COMMERCIAL APPLICATION PROJECTS FOR RENEWABLE
ENERGY AND ENERGY EFFICIENCY TECHNOLOGIES.
  (a) DEMONSTRATION AND COMMERCIAL APPLICATION PROJECTS- Section 6 of the
  Renewable Energy and Energy Efficiency Technology Competitiveness Act of
  1989 (42 U.S.C. 12005) is amended to read as follows:
`SEC. 6. DEMONSTRATION AND COMMERCIAL APPLICATION PROJECTS.
  `(a) PURPOSE- The purpose of this section is to direct the Secretary to
  further the commercialization of renewable energy and energy efficiency
  technologies through a five-year program.
  `(b) DEMONSTRATION AND COMMERCIAL APPLICATION PROJECTS-
  `(1) ESTABLISHMENT- (A) The Secretary shall solicit proposals for
  demonstration and commercial application projects for renewable energy and
  energy efficiency technologies pursuant to subsection (c). Such projects
  may include projects for--
  `(i) the production and sale of electricity, thermal energy, or other
  forms of energy using a renewable energy technology;
  `(ii) increasing the efficiency of energy use; and
  `(iii) improvements in, or expansion of, facilities for the manufacture
  of renewable energy or energy efficiency technologies.
  `(B) REQUIREMENTS- Each project selected under this section shall include
  at least one for-profit business. Activities supported under this section
  shall be performed in the United States. Each project under this section
  shall require the manufacture and reproduction substantially within the
  United States for commercial sale of any invention or product that may
  result from the project.
  `(2) FORMS OF FINANCIAL ASSISTANCE- (A) In supporting projects selected
  under subsection (c), the Secretary may choose from among the forms of
  agreements described in section 3001 of the Energy Policy Act of 1992.
  `(B) In supporting projects selected under subsection (c), the Secretary
  may also enter into agreements with private lenders to pay a portion of
  the interest on loans made for such projects.
  `(3) COST SHARING- Cost sharing for projects under this section shall be
  conducted according to the procedures described in section 3002 (b) and
  (c) of the Energy Policy Act of 1992.
  `(4) ADVISORY COMMITTEE- (A) The Secretary shall establish an Advisory
  Committee on Demonstration and Commercial Application of Renewable Energy
  and Energy Efficiency Technologies (in this Act referred to as the `Advisory
  Committee') to advise the Secretary on the development of the solicitation
  and evaluation criteria for projects under this section, and on otherwise
  carrying out his responsibilities under this section. The Secretary shall
  appoint members to the Advisory Committee, including at least one member
  representing--
  `(i) the Secretary of Commerce;
  `(ii) the National Laboratories of the Department of Energy;
  `(iii) the Solar Energy Research Institute;
  `(iv) the Electric Power Research Institute;
  `(v) the Gas Research Institute;
  `(vi) the National Institute of Building Sciences;
  `(vii) the National Institute of Standards and Technology;
  `(viii) associations of firms in the major renewable energy manufacturing
  industries; and
  `(ix) associations of firms in the major energy efficiency manufacturing
  industries.
Nothing in this subparagraph shall be construed to require the Secretary to
reestablish the Advisory Committee in place under this subsection as of the
date of enactment of the Energy Policy Act of 1992, or to perform again any
duties performed by such advisory committee before such date of enactment.
  `(B) Not later than 18 months after the date of the enactment of the Energy
  Policy Act of 1992, the Advisory Committee shall provide the Secretary with
  a report assessing the implementation of the program under this section,
  including specific recommendations for improvements or changes to the
  program and solicitation process. The Secretary shall transmit such report
  and, if any, the Secretary's recommendations to the Congress.
  `(c) SELECTION OF PROJECTS-
  `(1) SOLICITATION- (A) Not later than 9 months after the date of the
  enactment of the Energy Policy Act of 1992, the Secretary shall solicit
  proposals for projects under this section. The Secretary may make
  additional solicitations for proposals if the Secretary determines that
  such solicitations are necessary to carry out this section.
  `(B) A solicitation for proposals under this paragraph shall establish a
  closing date for receipt of proposals. The Secretary may, if necessary,
  extend the closing date for receipt of proposals for a period not to exceed
  90 days.
  `(C) Each solicitation under this paragraph shall include a description of
  the criteria, developed by the Secretary, according to which proposals will
  be evaluated. In developing such criteria, the Secretary shall consider--
  `(i) the need for Federal involvement to commercialize the technology or
  speed commercialization of the technology;
  `(ii) the potential for the technology to have significant market
  penetration;
  `(iii) the potential energy efficiency gains or energy supply contributions
  of the technology;
  `(iv) potential environmental improvements associated with the technology;
  `(v) the export potential of the technology;
  `(vi) the likelihood that the proposal is technically sufficient to achieve
  the objective of the solicitation;
  `(vii) the degree to which non-Federal financial participation is involved
  in the proposal;
  `(viii) the business and financial history of the proposer or proposers; and
  `(ix) any other factor the Secretary considers appropriate.
  `(2) PROJECT TECHNOLOGIES- Projects under this section may include the
  following technologies:
  `(A) Conversion of cellulosic biomass to liquid fuels.
  `(B) Ethanol and ethanol byproduct processes.
  `(C) Direct combustion or gasification of biomass.
  `(D) Biofuels energy systems.
  `(E) Photovoltaics, including utility scale and remote applications.
  `(F) Solar thermal, including solar water heating.
  `(G) Wind energy.
  `(H) High temperature and low temperature geothermal energy.
  `(I) Fuel cells, including transportation and stationary applications.
  `(J) Nondefense high-temperature superconducting electricity technology.
  `(K) Source reduction technology.
  `(L) Factory-made housing.
  `(M) Advanced district cooling.
  `(3) PROJECT SELECTION- The Secretary shall, within 120 days after the
  closing date established under paragraph (1)(B), select proposals to
  receive financial assistance under this section. In selecting proposals
  under this paragraph, the Secretary shall--
  `(A) consider each proposal's ability to meet the criteria developed
  pursuant to paragraph (1)(C); and
  `(B) attempt to achieve technological and geographic diversity.
  `(d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section $50,000,000 for fiscal
  year 1994.
  (b) NATIONAL GOALS AND MULTIYEAR FUNDING FOR ALCOHOL FROM BIOMASS-
  Section 4(a) of the Renewable Energy and Energy Efficiency Technology
  Competitiveness Act of 1989 (42 U.S.C. 12003(a)) is amended--
  (1) by redesignating paragraph (4) as paragraph (5);
  (2) by inserting after paragraph (3) the following new paragraph:
  `(4) ALCOHOL FROM BIOMASS- (A) In general, the goal of the Alcohol From
  Biomass Program shall be to advance research and development to a point
  where alcohol from biomass technology is cost-competitive with conventional
  hydrocarbon transportation fuels, and to promote the integration of this
  technology into the transportation fuel sector of the economy.
  `(B)(i) Specific goals for producing ethanol from biomass shall be to--
  `(I) reduce the cost of alcohol to 70 cents per gallon;
  `(II) improve the overall biomass carbohydrate conversion efficiency to
  91 percent;
  `(III) reduce the capital cost component of the cost of alcohol to 23
  cents per gallon; and
  `(IV) reduce the operating and maintenance component of the cost of alcohol
  to 47 cents per gallon.
  `(ii) Specific goals for producing methanol from biomass shall be to--
  `(I) reduce the cost of alcohol to 47 cents per gallon; and
  `(II) reduce the capital component of the cost of alcohol to 16 cents per
  gallon.'; and
  (3) in paragraph (5), as so redesignated by paragraph (1) of this subsection,
  by inserting `Biodiesel Energy Systems,' after `Biofuels Energy Systems,'.
  (c) NATIONAL RENEWABLE ENERGY AND ENERGY EFFICIENCY MANAGEMENT PLAN-
  Section 9(b) of the Renewable Energy and Energy Efficiency Technology
  Competitiveness Act of 1989 (42 U.S.C. 12008(b)) is amended--
  (1) in paragraph (1) by inserting `three-year' before `management plan'; and
  (2) by striking paragraph (5) and inserting in lieu thereof the following
  new paragraphs:
  `(5) In addition, the Plan shall--
  `(A) contain a detailed assessment of program needs, objectives, and
  priorities for each of the programs authorized under section 6 of this Act;
  `(B) use a uniform prioritization methodology to facilitate cost-benefit
  analyses of proposals in various program areas;
  `(C) establish milestones for setting forth specific technology transfer
  activities under each program area;
  `(D) include annual and five-year cost estimates for individual programs
  under this Act; and
  `(E) identify program areas for which funding levels have been changed
  from the previous year's Plan.
  `(6) Within one year after the date of the enactment of the Energy Policy
  Act of 1992, the Secretary shall submit a revised management plan under this
  section to Congress. Thereafter, the Secretary shall submit a management
  plan every three years at the time of submittal of the President's annual
  budget submission to the Congress.'.
  (d) CONFORMING AMENDMENTS- The Renewable Energy and Energy Efficiency
  Technology Competitiveness Act of 1989 (42 U.S.C. 12001 et seq.) is
  further amended--
  (1) in section 2(b)--
  (A) by striking `authority contained in' and all that follows through
  `applicable to the Secretary' and inserting in lieu thereof `section 3001
  of the Energy Policy Act of 1992'; and
  (B) by striking `and demonstration' and inserting in lieu thereof
  `demonstration, and commercial application';
  (2) in section 2(b)(4)--
  (A) by striking `research and development'; and
  (B) by striking `joint ventures' and inserting in lieu thereof `demonstration
  and commercial application projects';
  (3) in section 2(c), by striking `the authority contained in' and all that
  follows and inserting in lieu thereof `section 3001 of the Energy Policy
  Act of 1992, is authorized and directed to--
  `(1) pursue a program of research, development, demonstration, and commercial
  application with the private sector, to achieve the purpose of this Act,
  including the goals established under section 4; and
  `(2) undertake demonstration and commercial application projects as provided
  in section 6.';
  (4) in section 3--
  (A) by striking paragraph (2);
  (B) by redesignating paragraphs (3), (4), and (5) as paragraphs (2),
  (3), and (4), respectively;
  (C) in paragraph (4), as so redesignated by subparagraph (B) of this
  paragraph--
  (i) by striking `joint venture' and inserting in lieu thereof `demonstration
  and commercial application project';
  (ii) by striking `venture' and inserting in lieu thereof `demonstration
  and commercial application project'; and
  (iii) by striking `and' at the end thereof; and
  (D) by inserting after paragraph (4), as so redesignated by subparagraph
  (B) of this paragraph, the following new paragraph:
  `(5) the term `source reduction' means any practice which--
  `(A) reduces the amount of any hazardous substance, pollutant, or contaminant
  entering any waste stream or otherwise released into the environment,
  including fugitive emissions, prior to recycling, treatment, or disposal; and
  `(B) reduces the hazards to the public health and the environment associated
  with the release of such substances, pollutants, or contaminants,
including equipment or technology modifications, process or procedure
modifications, reformulation or redesign of products, substitution of raw
materials, and improvements in housekeeping, maintenance, training, and
inventory control, but not including any practice which alters the physical,
chemical, or biological characteristics or the volume of a hazardous substance,
pollutant, or contaminant through a process or activity which itself is not
integral to and necessary for the production of a product or the providing
of a service;'; and
  (5) in section 9(a), by striking `, projects, and joint ventures' and
  inserting in lieu thereof `and projects'.
SEC. 1203. RENEWABLE ENERGY EXPORT TECHNOLOGY TRAINING.
  (a) ESTABLISHMENT OF PROGRAM- The Secretary, through the Agency for
  International Development, shall establish a program for the training of
  individuals from developing countries in the operation and maintenance of
  renewable energy and energy efficiency technologies in accordance with this
  section. The Secretary and the Administrator of the Agency for International
  Development shall, within one year after the date of enactment of this Act,
  enter into a written agreement to carry out this program.
  (b) PURPOSE- The purpose of the program established under this section
  shall be to train appropriate persons in the system design, operation, and
  maintenance of renewable energy and energy efficiency equipment manufactured
  in the United States, including equipment for water pumping, heating and
  purification, and the production of electric power in remote areas.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary $6,000,000 for each of the fiscal years 1994, 1995,
  and 1996, to carry out this section.
SEC. 1204. RENEWABLE ENERGY ADVANCEMENT AWARDS.
  (a) AUTHORITY- The Secretary shall make Renewable Energy Advancement Awards
  in recognition of developments that advance the practical application of
  biomass, geothermal, hydroelectric, photovoltaic, solar thermal, ocean
  thermal, and wind technologies to consumer, utility, or industrial uses,
  in accordance with this section. Except as provided in subsection (f),
  Renewable Energy Advancement Awards shall include a cash award.
  (b) SELECTION CRITERIA- The Secretary, in consultation with the Advisory
  Committee on Demonstration and Commercial Application of Renewable Energy
  and Energy Efficiency Technologies (in this section referred to as the
  `Advisory Committee'), under section 6 of the Renewable Energy and Energy
  Efficiency Technology Competitiveness Act of 1989, shall develop criteria
  to be applied in the selection of award recipients under this section. Such
  criteria shall include the following:
  (1) The degree to which the technological development increases the
  utilization of renewable energy.
  (2) The degree to which the development will have a significant impact,
  by benefitting a large number of people, by reducing the costs of an
  important industrial process or commercial product or service, or otherwise.
  (3) The ingenuity of the development.
  (4) Whether the application has significant export potential.
  (5) The environmental soundness of the development.
  (c) SELECTION- Beginning in fiscal year 1994, and annually thereafter for
  a period of 10 years, the Secretary, in consultation with the Advisory
  Committee, shall select developments described in subsection (a) that are
  worthy of receiving an award under this section, and shall make such awards.
  (d) ELIGIBILITY- Awards may be made under this section only to individuals
  who are United States nationals or permanent resident aliens, or to
  non-Federal organizations that are organized under the laws of the United
  States or the laws of a State of the United States.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary $50,000 for each of the fiscal years 1994, 1995, and 1996
  for carrying out this section.
  (f) AWARDS MADE IN ABSENCE OF APPROPRIATIONS- The Secretary shall make
  honorary awards under this section if sufficient funds are not available
  for financial awards in any fiscal year.
SEC. 1205. STUDY OF TAX AND RATE TREATMENT OF RENEWABLE ENERGY PROJECTS.
  (a) The Secretary, in conjunction with State regulatory commissions, shall
  undertake a study to determine if conventional taxation and ratemaking
  procedures result in economic barriers to or incentives for renewable
  energy power plants compared to conventional power plants.
  (b) Within 1 year after the date of the enactment of this Act, the Secretary
  shall submit a report to the Congress on the results of the study undertaken
  under subsection (a).
SEC. 1206. STUDY OF RICE MILLING ENERGY BY-PRODUCT MARKETING.
  The Department of Energy shall conduct a study to facilitate the marketing
  of energy byproducts from rice milling.
SEC. 1207. DUTIES OF INTERAGENCY WORKING GROUP ON RENEWABLE ENERGY AND ENERGY
EFFICIENCY EXPORTS.
  (a) INTERAGENCY WORKING GROUP- Section 256(d) of the Energy Policy and
  Conservation Act (42 U.S.C. 6276(d)) is amended to read as follows:
  `(d) INTERAGENCY WORKING GROUP-
  `(1) ESTABLISHMENT- (A) There shall be established an interagency working
  group that, in consultation with the representative industry groups and
  relevant agency heads, shall make recommendations to coordinate the actions
  and programs of the Federal Government affecting exports of renewable energy
  and energy efficiency products and services. The interagency working group
  shall establish a program to inform foreign countries of the benefits of
  policies that would increase energy efficiency or would allow facilities
  that use renewable energy to compete effectively with producers of energy
  from nonrenewable sources.
  `(B) There shall be established an Interagency Working Subgroup on Renewable
  Energy and an Interagency Working Subgroup on Energy Efficiency that shall,
  in consultation with representative industry groups, nonprofit organizations,
  and relevant Federal agencies, make recommendations to coordinate the actions
  and programs of the Federal Government to promote the export of domestic
  renewable energy and energy efficiency products and services, respectively.
  `(C) The Secretary of Energy, or the Secretary's designee, shall chair
  the interagency working group and each subgroup established under this
  paragraph. The Administrator of the Agency for International Development
  and the Secretary of Commerce, or their designees, shall be members of both
  subgroups established under this paragraph. The Secretary shall provide
  staff for carrying out the functions of the interagency working group and
  each subgroup established under this paragraph. The heads of appropriate
  agencies may detail such personnel and may furnish such services to such
  group and subgroups, with or without reimbursement, as may be necessary
  to carry out their functions.
  `(2) DUTIES OF THE INTERAGENCY WORKING SUBGROUPS- (A) The interagency
  working subgroups established under paragraph (1)(B), through the member
  agencies of the interagency working group, shall promote the development and
  application in foreign countries of renewable energy and energy efficiency
  products and services, respectively, that--
  `(i) reduce dependence on unreliable sources of energy by encouraging the use
  of sustainable biomass, wind, small-scale hydroelectric, solar, geothermal,
  and other renewable energy and energy efficiency products and services; and
  `(ii) use hybrid fossil-renewable energy systems.
  `(B) In addition, the interagency working subgroups shall explore mechanisms
  for assisting domestic firms, particularly small businesses, with the export
  of their renewable energy and energy efficiency products and services and
  with the identification of potential projects.
  `(3) TRAINING AND ASSISTANCE- The interagency working subgroups shall
  encourage the member agencies of the interagency working group to--
  `(A) provide technical training and education for international development
  personnel and local users in their own country;
  `(B) provide financial and technical assistance to nonprofit institutions
  that support the marketing and export efforts of domestic companies that
  provide renewable energy and energy efficiency products and services;
  `(C) develop environmentally sustainable renewable energy and energy
  efficiency projects in foreign countries;
  `(D) provide technical assistance and training materials to loan officers
  of the World Bank, international lending institutions, commercial and
  energy attaches at embassies of the United States and other appropriate
  personnel in order to provide information about renewable energy and energy
  efficiency products and services to foreign governments or other potential
  project sponsors;
  `(E) support, through financial incentives, private sector efforts to
  commercialize and export renewable energy and energy efficiency products
  and services; and
  `(F) augment budgets for trade and development programs in order to support
  pre-feasibility or feasibility studies for projects that utilize renewable
  energy and energy efficiency products and services.'.
  (b) FUNCTIONS- Section 256(f) of the Energy Policy and Conservation Act
  (42 U.S.C. 6276(f)) is amended by inserting `and energy efficiency' after
  `renewable energy' each place it appears.
  (c) DEFINITIONS- Section 256(g) of the Energy Policy and Conservation Act
  (42 U.S.C. 6276(g)) is repealed.
  (d) AUTHORIZATION OF APPROPRIATIONS- Section 256(h) of the Energy Policy
  and Conservation Act (42 U.S.C. 6276(h)) is amended to read as follows:
  `(h) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for purposes of carrying out the programs under subsections
  (d) and (e) $10,000,000, to be divided equitably between the interagency
  working subgroups based on program requirements, for each of the fiscal
  years 1993 and 1994, and such sums as may be necessary for fiscal year
  1995 to carry out the purposes of this subtitle.'.
SEC. 1208. STUDY OF EXPORT PROMOTION PRACTICES.
  Section 256(d) of the Energy Policy and Conservation Act (42 U.S.C. 6276(d))
  as amended by section 1208 of this Act, is further amended by adding at
  the end the following new paragraph:
  `(4) The interagency working group shall conduct a study of subsidies,
  incentives, and policies that foreign countries use to promote exports
  of their own renewable energy and energy efficiency technologies and
  products. Such study shall also identify foreign trade barriers to the
  import of renewable energy and energy efficiency technologies and products
  produced in the United States. The interagency working group shall report
  to the appropriate committees of the House of Representatives and the
  Senate the results of such study within 18 months after the date of the
  enactment of the Energy Policy Act of 1992.'.
SEC. 1209. DATA SYSTEM AND ENERGY TECHNOLOGY EVALUATION.
  The Secretary of Commerce, in his or her role as a member of the interagency
  working group established under section 256 of the Energy Policy and
  Conservation Act (42 U.S.C. 6276), shall--
  (1) develop a comprehensive data base and information dissemination system,
  using the National Trade Data Bank and the Commercial Information Management
  System of the Department of Commerce, that will provide information on the
  specific energy technology needs of foreign countries, and the technical and
  economic competitiveness of various renewable energy and energy efficiency
  products and technologies;
  (2) make such information available to industry, Federal and multilateral
  lending agencies, nongovernmental organizations, host-country and
  donor-agency officials, and such others as the Secretary of Commerce
  considers necessary; and
  (3) prepare and transmit to the Congress not later than June 1, 1993, and
  biennially thereafter, a comprehensive report evaluating the full range of
  energy and environmental technologies necessary to meet the energy needs
  of foreign countries, including--
  (A) information on the specific energy needs of foreign countries;
  (B) an inventory of United States technologies and services to meet
  those needs;
  (C) an update on the status of ongoing bilateral and multilateral programs
  which promote United States exports of renewable energy and energy efficiency
  products and technologies; and
  (D) an evaluation of current programs (and recommendations for future
  programs) that develop and promote energy efficiency and sustainable use
  of indigenous renewable energy resources in foreign countries to reduce
  the generation of greenhouse gases.
SEC. 1210. OUTREACH.
  (a) OUTREACH- The interagency working group established under section
  256(d)(1)(A) of the Energy Policy and Conservation Act and the Secretary
  of Commerce shall select one individual who is experienced in renewable
  energy and energy efficiency products and technologies to be assigned
  by the Secretary of Commerce to an office of the United States and
  Foreign Commercial Service in the Pacific Rim, and one such individual
  to be assigned by the Secretary of Commerce to an office of the United
  States and Foreign Commercial Service in the Caribbean Basin, for the sole
  purpose of providing information concerning domestic renewable energy and
  energy efficiency products, technologies, and industries to territories,
  foreign governments, industries, and other appropriate persons.
  (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for the purposes of this section $500,000 for each of the
  fiscal years 1993 and 1994, and such sums as may be necessary for fiscal
  year 1995.
SEC. 1211. INNOVATIVE RENEWABLE ENERGY TECHNOLOGY TRANSFER PROGRAM.
  (a) ESTABLISHMENT OF PROGRAM- The Secretary, through the Agency for
  International Development, and in consultation with the other members of the
  interagency working group established under section 256(d) of Energy Policy
  and Conservation Act (in this section referred to as the `interagency working
  group'), shall establish a renewable energy technology transfer program to
  carry out the purposes described in subsection (b). Within 150 days after the
  date of the enactment of this Act, the Secretary and the Administrator of the
  Agency for International Development shall enter into a written agreement
  to carry out this section. The agreement shall establish a procedure for
  resolving any disputes between the Secretary and the Administrator regarding
  the implementation of specific projects. With respect to countries not
  assisted by the Agency for International Development, the Secretary may
  enter into agreements with other appropriate Federal agencies. If the
  Secretary and the Administrator, or the Secretary and an agency described
  in the previous sentence, are unable to reach an agreement, each shall send
  a memorandum to the President outlining an appropriate agreement. Within
  90 days after receipt of either memorandum, the President shall determine
  which version of the agreement shall be in effect. Any agreement entered
  into under this subsection shall be provided to the appropriate committees
  of the Congress and made available to the public.
  (b) PURPOSES OF THE PROGRAM- The purposes of the technology transfer
  program under this section are to--
  (1) reduce the United States balance of trade deficit through the export
  of United States renewable energy technologies and technological expertise;
  (2) retain and create manufacturing and related service jobs in the
  United States;
  (3) encourage the export of United States renewable energy technologies,
  including services related thereto, to those countries that have a need for
  developmentally sound facilities to provide energy derived from renewable
  resources;
  (4) develop markets for United States renewable energy technologies to be
  utilized in meeting the energy and environmental requirements of foreign
  countries;
  (5) better ensure that United States participation in energy-related projects
  in foreign countries includes participation by United States firms as well
  as utilization of United States technologies that have been developed or
  demonstrated in the United States through publicly or privately funded
  demonstration programs;
  (6) ensure the introduction of United States firms and expertise in
  foreign countries;
  (7) provide financial assistance by the Federal Government to foster
  greater participation by United States firms in the financing, ownership,
  design, construction, or operation of renewable energy technology projects
  in foreign countries;
  (8) assist foreign countries in meeting their energy needs through the use
  of renewable energy in an environmentally acceptable manner, consistent
  with sustainable development policies; and
  (9) assist United States firms, especially firms that are in competition
  with firms in foreign countries, to obtain opportunities to transfer
  technologies to, or undertake projects in, foreign countries.
  (c) IDENTIFICATION- Pursuant to the agreements required by subsection (a),
  the Secretary, through the Agency for International Development, and after
  consultation with the interagency working group, United States firms,
  and representatives from foreign countries, shall develop mechanisms to
  identify potential energy projects in host countries, and shall identify
  a list of such projects within 240 days after the date of the enactment
  of this Act, and periodically thereafter.
  (d) FINANCIAL MECHANISMS- (1) Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development, shall--
  (A) establish appropriate financial mechanisms to increase the participation
  of United States firms in energy projects utilizing United States renewable
  energy technologies, and services related thereto, in developing countries;
  (B) utilize available financial assistance authorized by this section to
  counterbalance assistance provided by foreign governments to non-United
  States firms; and
  (C) provide financial assistance to support projects.
  (2) The financial assistance authorized by this section may be--
  (A) provided in combination with other forms of financial assistance,
  including non-United States funding that is available to the project; and
  (B) utilized to assist United States firms in the development of innovative
  financing packages for renewable energy technology projects that utilize
  other financial assistance programs available through the Federal Government.
  (3) United States obligations under the Arrangement on Guidelines for
  Officially Supported Export Credits established through the Organization
  for Economic Cooperation and Development shall be applicable to this section.
  (e) SOLICITATIONS FOR PROJECT PROPOSALS- (1) Pursuant to the agreements
  under subsection (a), the Secretary, through the Agency for International
  Development, within one year after the date of the enactment of this Act,
  and subsequently as appropriate thereafter, shall solicit proposals from
  United States firms for the design, construction, testing, and operation
  of the project or projects identified under subsection (c) which propose
  to utilize a United States renewable energy technology. Each solicitation
  under this section shall establish a closing date for receipt of proposals.
  (2) The solicitation under this subsection shall, to the extent appropriate,
  be modeled after the RFP No. DE-PS01-90FE62271 Clean Coal Technology IV,
  as administered by the Department of Energy.
  (3) Any solicitation made under this subsection shall include the following
  requirements:
  (A) The United States firm that submits a proposal in response to the
  solicitation shall have an equity interest in the proposed project.
  (B) The project shall utilize a United States renewable energy technology,
  including services related thereto, in meeting the applicable energy and
  environmental requirements of the host country.
  (C) Proposals for projects shall be submitted by and undertaken with a
  United States firm, although a joint venture or other teaming arrangement
  with a non-United States manufacturer or other non-United States entity
  is permissible.
  (f) ASSISTANCE TO UNITED STATES FIRMS- Pursuant to the agreements under
  subsection (a), the Secretary, through the Agency for International
  Development, and in consultation with the interagency working group,
  shall establish a procedure to provide financial assistance to United
  States firms under this section for a project identified under subsection
  (c) where solicitations for the project are being conducted by the host
  country or by a multilateral lending institution.
  (g) OTHER PROGRAM REQUIREMENTS- Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development,
  and in consultation with the working group, shall--
  (1) establish eligibility criteria for host countries;
  (2) periodically review the energy needs of such countries and export
  opportunities for United States firms for the development of projects in
  such countries;
  (3) consult with government officials in host countries and, as appropriate,
  with representatives of utilities or other entities in host countries,
  to determine interest in and support for potential projects; and
  (4) determine whether each project selected under this section is
  developmentally sound, as determined under the criteria developed by
  the Development Assistance Committee of the Organization for Economic
  Cooperation and Development.
  (h) SELECTION OF PROJECTS- (1) Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development,
  shall, not later than 120 days after receipt of proposals in response to
  a solicitation under subsection (e), select one or more proposals under
  this section.
  (2) In selecting a proposal under this section, the Secretary, through
  the Agency for International Development, shall consider--
  (A) the ability of the United States firm, in cooperation with the host
  country, to undertake and complete the project;
  (B) the degree to which the equipment to be included in the project is
  designed and manufactured in the United States;
  (C) the long-term technical and competitive viability of the United States
  technology, and services related thereto, and the ability of the United
  States firm to compete in the development of additional energy projects
  using such technology in the host country and in other foreign countries;
  (D) the extent of technical and financial involvement of the host country
  in the project;
  (E) the extent to which the proposed project meets the purposes stated in
  section 1201(b);
  (F) the extent of technical, financial, management, and marketing
  capabilities of the participants in the project, and the commitment of
  the participants to completion of a successful project in a manner that
  will facilitate acceptance of the United States technology for future
  application; and
  (G) such other criteria as may be appropriate.
  (3) In selecting among proposed projects, the Secretary shall seek to
  ensure that, relative to otherwise comparable projects in the host country,
  a selected project will meet 1 or more of the following criteria:
  (A) It will reduce environmental emissions to an extent greater than
  required by applicable provisions of law.
  (B) It will make greater use of indigenous renewable energy resources.
  (C) It will be a more cost-effective technological alternative, based on
  life cycle capital and operating costs per unit of energy produced and,
  where applicable, costs per unit of product produced.
Priority in selection shall be given to those projects which, in the judgment
of the Secretary, best meet one or more of these criteria.
  (i) UNITED STATES-ASIA ENVIRONMENTAL PARTNERSHIP- Activities carried
  out under this section shall be coordinated with the United States-Asia
  Environmental Partnership.
  (j) BUY AMERICA- In carrying out this section, the Secretary, through the
  Agency for International Development, and pursuant to the agreements under
  subsection (a), shall ensure--
  (1) the maximum percentage, but in no case less than 50 percent, of the
  cost of any equipment furnished in connection with a project authorized
  under this section shall be attributable to the manufactured United States
  components of such equipment; and
  (2) the maximum participation of United States firms.
In determining whether the cost of United States components equals or exceeds
50 percent, the cost of assembly of such United States components in the
host country shall not be considered a part of the cost of such United
States component.
  (k) REPORTS TO CONGRESS- The Secretary and the Administrator of the Agency
  for International Development shall report annually to the Committee on
  Energy and Natural Resources of the Senate and the appropriate committees
  of the House of Representatives on the progress being made to introduce
  renewable energy technologies into foreign countries.
  (l) DEFINITIONS- For purposes of this section--
  (1) the term `host country' means a foreign country which is--
  (A) the participant in or the site of the proposed renewable energy
  technology project; and
  (B) either--
  (i) classified as a country eligible to participate in development assistance
  programs of the Agency for International Development pursuant to applicable
  law or regulation; or
  (ii) a developing country.
  (2) the term `developing country' includes, but is not limited to, countries
  in Central and Eastern Europe or in the independent states of the former
  Soviet Union.
  (m) AUTHORIZATION FOR PROGRAM- There are authorized to be appropriated to
  the Secretary to carry out the program required by this section, $100,000,000
  for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
SEC. 1212. RENEWABLE ENERGY PRODUCTION INCENTIVE.
  (a) INCENTIVE PAYMENTS- For electric energy generated and sold by a qualified
  renewable energy facility during the incentive period, the Secretary shall
  make, subject to the availability of appropriations, incentive payments to
  the owner or operator of such facility. The amount of such payment made
  to any such owner or operator shall be as determined under subsection
  (e). Payments under this section may only be made upon receipt by the
  Secretary of an incentive payment application which establishes that the
  applicant is eligible to receive such payment and which satisfies such
  other requirements as the Secretary deems necessary. Such application shall
  be in such form, and shall be submitted at such time, as the Secretary
  shall establish.
  (b) QUALIFIED RENEWABLE ENERGY FACILITY- For purposes of this section,
  a qualified renewable energy facility is a facility which is owned by a
  State or any political subdivision of a State (or an agency, authority, or
  instrumentality of a State or a political subdivision), by any corporation
  or association which is wholly owned, directly or indirectly, by one or
  more of the foregoing, or by a nonprofit electrical cooperative and which
  generates electric energy for sale in, or affecting, interstate commerce
  using solar, wind, biomass, or geothermal energy, except that--
  (1) the burning of municipal solid waste shall not be treated as using
  biomass energy; and
  (2) geothermal energy shall not include energy produced from a dry steam
  geothermal reservoir which has--
  (A) no mobile liquid in its natural state;
  (B) steam quality of 95 percent water; and
  (C) an enthalpy for the total produced fluid greater than or equal to 1200
  Btu/lb (British thermal units per pound).
  (c) ELIGIBILITY WINDOW- Payments may be made under this section only for
  electricity generated from a qualified renewable energy facility first used
  during the 10-fiscal year period beginning with the first full fiscal year
  occurring after the enactment of this section.
  (d) PAYMENT PERIOD- A qualified renewable energy facility may receive
  payments under this section for a 10-fiscal year period. Such period shall
  begin with the fiscal year in which electricity generated from the facility
  is first eligible for such payments.
  (e) AMOUNT OF PAYMENT-
  (1) IN GENERAL- Incentive payments made by the Secretary under this section
  to the owner or operator of any qualified renewable energy facility shall
  be based on the number of kilowatt hours of electricity generated by the
  facility through the use of solar, wind, biomass, or geothermal energy
  during the payment period referred to in subsection (d). For any facility,
  the amount of such payment shall be 1.5 cents per kilowatt hour, adjusted
  as provided in paragraph (2).
  (2) ADJUSTMENTS- The amount of the payment made to any person under this
  subsection as provided in paragraph (1) shall be adjusted for inflation for
  each fiscal year beginning after calendar year 1993 in the same manner as
  provided in the provisions of section 29(d)(2)(B) of the Internal Revenue
  Code of 1986, except that in applying such provisions the calendar year
  1993 shall be substituted for calendar year 1979.
  (f) SUNSET- No payment may be made under this section to any facility after
  the expiration of the 20-fiscal year period beginning with the first full
  fiscal year occurring after the enactment of this section, and no payment
  may be made under this section to any facility after a payment has been
  made with respect to such facility for a 10-fiscal year period.
  (g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for fiscal years 1993, 1994, and 1995 such sums as may
  be necessary to carry out the purposes of this section.
TITLE XIII--COAL
Subtitle A--Research, Development, Demonstration, and Commercial Application
SEC. 1301. COAL RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL
APPLICATION PROGRAMS.
  (a) ESTABLISHMENT- The Secretary shall, in accordance with section 3001 and
  3002 of this Act, conduct programs for research, development, demonstration,
  and commercial application on coal-based technologies. Such research,
  development, demonstration, and commercial application programs shall
  include the programs established under this subtitle, and shall have the
  goals and objectives of--
  (1) ensuring a reliable electricity supply;
  (2) complying with applicable environmental requirements;
  (3) achieving the control of sulfur oxides, oxides of nitrogen, air toxics,
  solid and liquid wastes, greenhouse gases, or other emissions resulting
  from coal use or conversion at levels of proficiency greater than or equal
  to applicable currently available commercial technology;
  (4) achieving the cost competitive conversion of coal into energy forms
  usable in the transportation sector;
  (5) demonstrating the conversion of coal to synthetic gaseous, liquid,
  and solid fuels;
  (6) demonstrating, in cooperation with other Federal and State agencies,
  the use of coal-derived fuels in mobile equipment, with opportunities for
  industrial cost sharing participation;
  (7) ensuring the timely commercial application of cost-effective technologies
  or energy production processes or systems utilizing coal which achieve--
  (A) greater efficiency in the conversion of coal to useful energy when
  compared to currently available commercial technology for the use of
  coal; and
  (B) the control of emissions from the utilization of coal; and
  (8) ensuring the availability for commercial use of such technologies by
  the year 2010.
  (b) DEMONSTRATION AND COMMERCIAL APPLICATION PROGRAMS- (1) In selecting
  either a demonstration project or a commercial application project for
  financial assistance under this subtitle, the Secretary shall seek to
  ensure that, relative to otherwise comparable commercially available
  technologies or products, the selected project will meet one or more of
  the following criteria:
  (A) It will reduce environmental emissions to an extent greater than
  required by applicable provisions of law.
  (B) It will increase the overall efficiency of the utilization of coal,
  including energy conversion efficiency and, where applicable, production
  of products derived from coal.
  (C) It will be a more cost-effective technological alternative, based on
  life cycle capital and operating costs per unit of energy produced and,
  where applicable, costs per unit of product produced.
Priority in selection shall be given to those projects which, in the judgment
of the Secretary, best meet one or more of these criteria.
  (2) In administering demonstration and commercial application programs
  authorized by this subtitle, the Secretary shall establish accounting and
  project management controls that will be adequate to control costs.
  (3)(A) Not later than 180 days after the date of enactment of this Act, the
  Secretary shall establish procedures and criteria for the recoupment of the
  Federal share of each cost shared demonstration and commercial application
  project authorized pursuant to this subtitle. Such recoupment shall occur
  within a reasonable period of time following the date of completion of
  such project, but not later than 20 years following such date, taking into
  account the effect of recoupment on--
  (i) the commercial competitiveness of the entity carrying out the project;
  (ii) the profitability of the project; and
  (iii) the commercial viability of the coal-based technology utilized.
  (B) The Secretary may at any time waive or defer all or some portion of
  the recoupment requirement as necessary for the commercial viability of
  the project.
  (4) Projects selected by the Secretary under this subtitle for demonstration
  or commercial application of a technology shall, in the judgment of the
  Secretary, be capable of enhancing the state of the art for such technology.
  (c) REPORT- Within 240 days after the date of enactment of this Act, the
  Secretary shall transmit to the Committee on Energy and Commerce and the
  Committee on Science, Space, and Technology of the House of Representatives
  and to the Committee on Energy and Natural Resources of the Senate a report
  which shall include each of the following:
  (1) A detailed description of ongoing research, development, demonstration,
  and commercial application activities regarding coal-based technologies
  undertaken by the Department of Energy, other Federal or State government
  departments or agencies and, to the extent such information is publicly
  available, other public or private organizations in the United States and
  other countries.
  (2) A listing and analysis of current Federal and State government
  regulatory and financial incentives that could further the goals of the
  programs established under this subtitle.
  (3) Recommendations regarding the manner in which any ongoing coal-based
  demonstration and commercial application program might be modified and
  extended in order to ensure the timely demonstrations of advanced coal-based
  technologies so as to ensure that the goals established under this section
  are achieved and that such demonstrated technologies are available for
  commercial use by the year 2010.
  (4) Recommendations, if any, regarding the manner in which the cost sharing
  demonstrations conducted pursuant to the Clean Coal Program established
  by Public Law 98-473 might be modified and extended in order to ensure
  the timely demonstration of advanced coal-based technologies.
  (5) A detailed plan for conducting the research, development, demonstration,
  and commercial application programs to achieve the goals and objectives of
  subsection (a) of this section, which plan shall include a description of--
  (A) the program elements and management structure to be utilized;
  (B) the technical milestones to be achieved with respect to each of the
  advanced coal-based technologies included in the plan; and
  (C) the dates at which further deadlines for additional cost sharing
  demonstrations shall be established.
  (d) STATUS REPORTS- Within one year after transmittal of the report described
  in subsection (c), and every 2 years thereafter for a period of 6 years,
  the Secretary shall transmit to the Congress a report that provides a
  detailed description of the status of development of the advanced coal-based
  technologies and the research, development, demonstration, and commercial
  application activities undertaken to carry out the programs required by
  this subtitle.
  (e) CONSULTATION- In carrying out research, development, demonstration,
  and commercial application activities under this subtitle, the Secretary
  shall consult with the National Coal Council and other representatives of
  the public and private sectors as the Secretary considers appropriate.
SEC. 1302. COAL-FIRED DIESEL ENGINES.
  The Secretary shall conduct a program of research, development,
  demonstration, and commercial application for utilizing coal-derived
  liquid or gaseous fuels, including ultra-clean coal-water slurries, in
  diesel engines. The program shall address--
  (1) required engine retrofit technology;
  (2) coal-fuel production technology;
  (3) emission control requirements;
  (4) the testing of low-Btu highly reactive fuels;
  (5) fuel delivery and storage systems requirements; and
  (6) other infrastructure required to support commercial deployment.
SEC. 1303. CLEAN COAL, WASTE-TO-ENERGY.
  The Secretary shall establish a program of research, development,
  demonstration, and commercial application with respect to the use of
  solid waste combined with coal as a fuel source for clean coal combustion
  technologies. The program shall address--
  (1) the feasibility of cofiring coal and used vehicle tires in fluidized
  bed combustion units;
  (2) the combined gasification of coal and municipal sludge using integrated
  gasification combined cycle technology;
  (3) the creation of fuel pellets combining coal and material reclaimed
  from solid waste;
  (4) the feasibility of cofiring, in fluidized bed combustion units, waste
  methane from coal mines, including ventilation air, together with coal or
  coal wastes; and
  (5) other sources of waste and coal mixtures in other applications that
  the Secretary considers appropriate.
SEC. 1304. NONFUEL USE OF COAL.
  (a) PROGRAM- The Secretary shall prepare a plan for and carry out a program
  of research, development, demonstration, and commercial application with
  respect to technologies for the nonfuel use of coal, including--
  (1) production of coke and other carbon products derived from coal;
  (2) production of coal-derived, carbon-based chemical intermediates that
  are precursors of value-added chemicals and polymers;
  (3) production of chemicals from coal-derived synthesis gas;
  (4) coal treatment processes, including methodologies such as
  solvent-extraction techniques that produce low ash, low sulfur, coal-based
  chemical feedstocks; and
  (5) waste utilization, including recovery, processing, and marketing of
  products derived from sulfur, carbon dioxide, nitrogen, and ash from coal.
  (b) PLAN CONTENTS- The plan described in subsection (a) shall address
  and evaluate--
  (1) the known and potential processes for using coal in the creation
  of products in the chemical, utility, fuel, and carbon-based materials
  industries;
  (2) the costs, benefits, and economic feasibility of using coal products
  in the chemical and materials industries, including value-added chemicals,
  carbon-based products, coke, and waste derived from coal;
  (3) the economics of coproduction of products from coal in conjunction
  with the production of electric power, thermal energy, and fuel;
  (4) the economics of the refining of coal and coal byproducts to produce
  nonfuel products;
  (5) the economics of coal utilization in comparison with other feedstocks
  that might be used for the same purposes;
  (6) the steps that can be taken by the public and private sectors to
  bring about commercialization of technologies developed under the program
  recommended; and
  (7) the past development, current status, and future potential of coal
  products and processes associated with nonfuel uses of coal.
SEC. 1305. COAL REFINERY PROGRAM.
  (a) PROGRAM- The Secretary shall conduct a program of research, development,
  demonstration, and commercial application for coal refining technologies.
  (b) OBJECTIVES- The program shall include technologies for refining high
  sulfur coals, low sulfur coals, sub-bituminous coals, and lignites to
  produce clean-burning transportation fuels, compliance boiler fuels, fuel
  additives, lubricants, chemical feedstocks, and carbon-based manufactured
  products, either alone or in conjunction with the generation of electricity
  or process heat, or the manufacture of a variety of products from coal. The
  objectives of such program shall be to achieve--
  (1) the timely commercial application of technologies, including mild
  gasification, hydrocracking and other hydropyrolysis processes, and other
  energy production processes or systems to produce coal-derived fuels and
  coproducts, which achieve greater efficiency and economy in the conversion of
  coal to electrical energy and coproducts than currently available technology;
  (2) the production of energy, fuels, and products which, on a complete energy
  system basis, will result in environmental emissions no greater than those
  produced by existing comparable energy systems utilized for the same purpose;
  (3) the capability to produce a range of coal-derived transportation
  fuels, including oxygenated hydrocarbons, boiler fuels, turbine fuels,
  and coproducts, which can reduce dependence on imported oil by displacing
  conventional petroleum in the transportation sector and other sectors of
  the economy;
  (4) reduction in the cost of producing such coal-derived fuels and
  coproducts;
  (5) the control of emissions from the combustion of coal-derived fuels; and
  (6) the availability for commercial use of such technologies by the
  year 2000.
SEC. 1306. COALBED METHANE RECOVERY.
  (a) STUDY OF BARRIERS AND ENVIRONMENTAL AND SAFETY ASPECTS- The Secretary,
  in consultation with the Administrator of the Environmental Protection
  Agency and the Secretary of the Interior, shall conduct a study of--
  (1) technical, economic, financial, legal, regulatory, institutional,
  or other barriers to coalbed methane recovery, and of policy options for
  eliminating such barriers; and
  (2) the environmental and safety aspects of flaring coalbed methane
  liberated from coal mines.
Within two years after the date of enactment of this Act, the Secretary
shall submit a report to the Congress detailing the results of such study.
  (b) INFORMATION DISSEMINATION- Beginning one year after the date of enactment
  of this Act, the Secretary, in consultation with the Administrator of
  the Environmental Protection Agency and the Secretary of the Interior,
  shall disseminate to the public information on state-of-the-art coalbed
  methane recovery techniques, including information on costs and benefits.
  (c) DEMONSTRATION AND COMMERCIAL APPLICATION PROGRAM- The Secretary,
  in consultation with the Administrator of the Environmental Protection
  Agency and the Secretary of the Interior, shall establish a coalbed methane
  recovery demonstration and commercial application program, which shall
  emphasize gas enrichment technology. Such program shall address--
  (1) gas enrichment technologies for enriching medium-quality methane
  recovered from coal mines to pipeline quality;
  (2) technologies to use mine ventilation air in nearby power generation
  facilities, including gas turbines, internal combustion engines, or other
  coal fired powerplants;
  (3) technologies for cofiring methane recovered from mines, including
  methane from ventilation systems and degasification systems, together with
  coal in conventional or clean coal technology boilers; and
  (4) other technologies for producing and using methane from coal mines
  that the Secretary considers appropriate.
SEC. 1307. METALLURGICAL COAL DEVELOPMENT.
  (a) The Secretary shall establish a research, development, demonstration,
  and commercial application program on metallurgical coal utilization for
  the purpose of developing techniques that will lead to the greater and
  more efficient utilization of the Nation's metallurgical coal resources.
  (b) The program referred to in subsection (a) shall include the use of
  metallurgical coal--
  (1) as a boiler fuel for the purpose of generating steam to produce
  electricity, including blending metallurgical coal with other coals in
  order to enhance its efficient application as a boiler fuel;
  (2) as an ingredient in the manufacturing of steel; and
  (3) as a source of pipeline quality coalbed methane.
SEC. 1308. UTILIZATION OF COAL WASTES.
  (a) COAL WASTE UTILIZATION PROGRAM- The Secretary, in consultation with
  the Secretary of the Interior, shall establish a research, development,
  demonstration, and commercial application program on coal waste utilization
  for the purpose of developing techniques that will lead to the greater
  and more efficient utilization of coal wastes from mining and processing,
  other than coal ash.
  (b) USE AS BOILER FUEL- The program referred to in subsection (a) shall
  include projects to facilitate the use of coal wastes from mining and
  processing as a boiler fuel for the purpose of generating steam to produce
  electricity.
SEC. 1309. UNDERGROUND COAL GASIFICATION.
  (a) PROGRAM- The Secretary shall conduct a research, development,
  demonstration, and commercial application program for underground coal
  gasification technology for in-situ conversion of coal to a cleaner burning,
  easily transportable gaseous fuel. The goal and objective of this program
  shall be to accelerate the development and commercialization of underground
  coal gasification. In carrying out this program, the Secretary shall give
  equal consideration to all ranks of coal.
  (b) DEMONSTRATION PROJECTS- As part of the program authorized in subsection
  (a), the Secretary may solicit proposals for underground coal gasification
  technology projects to fulfill the goal and objective of subsection (a).
SEC. 1310. LOW-RANK COAL RESEARCH AND DEVELOPMENT.
  The Secretary shall pursue a program of research and development with respect
  to the technologies needed to expand the use of low-rank coals which take
  into account the unique properties of lignites and sub-bituminous coals,
  including, but not limited to, the following areas--
  (1) high value-added carbon products;
  (2) fuel cell applications;
  (3) emissions control and combustion efficiencies;
  (4) coal water fuels and underground coal gasification;
  (5) distillates; and
  (6) any other technologies which will assist in the development of niche
  markets for lignites and sub-bituminous coals.
SEC. 1311. MAGNETOHYDRODYNAMICS.
  (a) PROGRAM- The Secretary shall carry out a research,
  development, demonstration, and commercial application program in
  magnetohydrodynamics. The purpose of this program shall be to determine the
  adequacy of the engineering and design information completed to date under
  Department of Energy contracts related to magnetohydrodynamics retrofit
  systems and to determine whether any further Federal investment in this
  technology is warranted.
  (b) SOLICITATION OF PROPOSALS- In order to carry out the program authorized
  in subsection (a), the Secretary may solicit proposals from the private
  sector and seek to enter into an agreement with appropriate parties.
SEC. 1312. OIL SUBSTITUTION THROUGH COAL LIQUEFACTION.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a program of research,
  development, demonstration, and commercial application for the purpose of
  developing economically and environmentally acceptable advanced technologies
  for oil substitution through coal liquefaction.
  (b) PROGRAM GOALS- The goals of the program established under subsection
  (a) shall include--
  (1) improved resource selection and product quality;
  (2) the development of technologies to increase net yield of liquid fuel
  product per ton of coal;
  (3) an increase in overall thermal efficiency; and
  (4) a reduction in capital and operating costs through technology
  improvements.
  (c) PROPOSALS- Within 180 days after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
SEC. 1313. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the Secretary for carrying out
  this subtitle $278,139,000 for fiscal year 1993 and such sums as may be
  necessary for fiscal years 1994 through 1997.
Subtitle B--Clean Coal Technology Program
SEC. 1321. ADDITIONAL CLEAN COAL TECHNOLOGY SOLICITATIONS.
  (a) PROGRAM DESIGN- Additional clean coal technology solicitations described
  in subsection (b) shall be designed to ensure the timely development
  of cost-effective technologies or energy production processes or systems
  utilizing coal that achieve greater efficiency in the conversion of coal to
  useful energy when compared to currently commercially available technology
  for the use of coal and the control of emissions from the combustion of
  coal. Such program shall be designed to ensure, to the greatest extent
  possible, the availability for commercial use of such technologies by the
  year 2010.
  (b) ADDITIONAL SOLICITATIONS- In conducting the Clean Coal Program
  established by Public Law 98-473, the Secretary shall consider the potential
  benefits of conducting additional solicitations pursuant to such program and,
  based on the results of that consideration, may carry out such additional
  solicitations, which shall be similar in scope and percentage of Federal
  cost sharing as that provided by Public Law 101-121.
Subtitle C--Other Coal Provisions
SEC. 1331. CLEAN COAL TECHNOLOGY EXPORT PROMOTION AND INTERAGENCY COORDINATION.
  (a) ESTABLISHMENT- There shall be established within the Trade Promotion
  Coordinating Committee (established by the President on May 23, 1990) a
  Clean Coal Technology Subgroup (in this subtitle referred to as the `CCT
  Subgroup') to focus interagency efforts on clean coal technologies. The
  CCT Subgroup shall seek to expand the export and use of clean coal
  technologies, particularly in those countries which can benefit from gains
  in the efficiency of, and the control of environmental emissions from,
  coal utilization.
  (b) MEMBERSHIP- The CCT Subgroup shall include 1 member from each agency
  represented on the Energy, Environment, and Infrastructure Working Group
  of the Trade Promotion Coordinating Committee as of the date of enactment
  of this Act. The Secretary shall serve as chair of the CCT Subgroup and
  shall be responsible for ensuring that the functions of the CCT Subgroup
  are carried out through its member agencies.
  (c) CONSULTATION- (1) In carrying out this section, the CCT Subgroup
  shall consult with representatives from the United States coal industry,
  representatives of railroads and other transportation industries,
  organizations representing workers, the electric utility industry,
  manufacturers of equipment utilizing clean coal technology, members of
  organizations formed to further the goals of environmental protection or
  to promote the development and use of clean coal technologies that are
  developed, manufactured, or controlled by United States firms, and other
  appropriate interested members of the public.
  (2) The CCT Subgroup shall maintain ongoing liaison with other elements
  of the Trade Promotion Coordinating Committee relating to clean coal
  technologies or regions where these technologies could be important,
  including Eastern Europe, Asia, and the Pacific.
  (d) DUTIES- The Secretary, acting through the CCT Subgroup, shall--
  (1) facilitate the establishment of technical training for the consideration,
  planning, construction, and operation of clean coal technologies by end
  users and international development personnel;
  (2) facilitate the establishment of and, where practicable, cause to be
  established, consistent with the goals and objectives stated in section
  1301(a), within existing departments and agencies--
  (A) financial assistance programs (including grants, loan guarantees, and no
  interest and low interest loans) to support prefeasibility and feasibility
  studies for projects that will utilize clean coal technologies; and
  (B) loan guarantee programs, grants, and no interest and low interest
  loans designed to facilitate access to capital and credit in order to
  finance such clean coal technology projects;
  (3) develop and ensure the execution of programs, including the establishment
  of financial incentives, to encourage and support private sector efforts
  in exports of clean coal technologies that are developed, manufactured,
  or controlled by United States firms;
  (4) encourage the training in, and understanding of, clean coal technologies
  by representatives of foreign companies or countries intending to use coal
  or clean coal technologies by providing technical or financial support for
  training programs, workshops, and other educational programs sponsored by
  United States firms;
  (5) educate loan officers and other officers of international lending
  institutions, commercial and energy attaches of the United States, and
  such other personnel as the CCT Subgroup considers appropriate, for the
  purposes of providing information about clean coal technologies to foreign
  governments or potential project sponsors of clean coal technology projects;
  (6) develop policies and practices to be conducted by commercial and
  energy attaches of the United States, and such other personnel as the CCT
  Subgroup considers appropriate, in order to promote the exports of clean
  coal technologies to those countries interested in or intending to utilize
  coal resources;
  (7) augment budgets for trade and development programs supported by
  Federal agencies for the purpose of financially supporting prefeasibility
  or feasibility studies for projects in foreign countries that will utilize
  clean coal technologies;
  (8) review ongoing clean coal technology projects and review and advise
  Federal agencies on the approval of planned clean coal technology projects
  which are sponsored abroad by any Federal agency to determine whether
  such projects are consistent with the overall goals and objectives of
  this section;
  (9) coordinate the activities of the appropriate Federal agencies in order
  to ensure that Federal clean coal technology export promotion policies
  are implemented in a timely fashion;
  (10) work with CCT Subgroup member agencies to develop an overall strategy
  for promoting clean coal technology exports, including setting goals and
  allocating specific responsibilities among member agencies, consistent
  with applicable statutes; and
  (11) coordinate with multilateral institutions to ensure that United States
  technologies are properly represented in their projects.
  (e) DATA AND INFORMATION- (1) The CCT Subgroup, consistent with other
  applicable provisions of law, shall ensure the development of a comprehensive
  data base and information dissemination system, using the National Trade Data
  Bank and the Commercial Information Management System of the Department of
  Commerce, relating to the availability of clean coal technologies and the
  potential need for such technologies, particularly in developing countries
  and countries making the transition from nonmarket to market economies.
  (2) The Secretary, acting through the CCT Subgroup, shall assess and
  prioritize foreign markets that have the most potential for the export of
  clean coal technologies that are developed, manufactured, or controlled
  by United States firms. Such assessment shall include--
  (A) an analysis of the financing requirements for clean coal technology
  projects in foreign countries and whether such projects are dependent upon
  financial assistance from foreign countries or multilateral institutions;
  (B) the availability of other fuel or energy resources that may be
  available to meet the energy requirements intended to be met by the clean
  coal technology projects;
  (C) the priority of environmental considerations in the selection of
  such projects;
  (D) the technical competence of those entities likely to be involved in
  the planning and operation of such projects;
  (E) an objective comparison of the environmental, energy, and economic
  performance of each clean coal technology relative to conventional
  technologies;
  (F) a list of United States vendors of clean coal technologies; and
  (G) answers to commonly asked questions about clean coal technologies,
The Secretary, acting through the CCT Subgroup, shall make such information
available to the House of Representatives and the Senate, and to the
appropriate committees of each House of Congress, industry, Federal and
international financing organizations, nongovernmental organizations, potential
customers abroad, governments of countries where such clean coal technologies
might be used, and such others as the CCT Subgroup considers appropriate.
  (f) REPORT- Within 180 days after the Secretary submits the report to the
  Congress as required by section 409 of Public Law 101-549, the Secretary,
  acting through the CCT Subgroup, shall provide to the appropriate committees
  of the House of Representatives and the Committee on Energy and Natural
  Resources of the Senate, a plan which details actions to be taken in order
  to address those recommendations and findings made in the report submitted
  pursuant to section 409 of Public Law 101-549. As a part of the plan required
  by this subsection, the Secretary, acting through the CCT Subgroup, shall
  specifically address the adequacy of financial assistance available from
  Federal departments and agencies and international financing organizations
  to aid in the financing of prefeasibility and feasibility studies and
  projects that would use a clean coal technology in developing countries
  and countries making the transition from nonmarket to market economies.
SEC. 1332. INNOVATIVE CLEAN COAL TECHNOLOGY TRANSFER PROGRAM.
  (a) ESTABLISHMENT OF PROGRAM- The Secretary, through the Agency for
  International Development, and in consultation with the other members of
  the CCT Subgroup, shall establish a clean coal technology transfer program
  to carry out the purposes described in subsection (b). Within 150 days after
  the date of enactment of this Act, the Secretary and the Administrator of the
  Agency for International Development shall enter into a written agreement
  to carry out this section. The agreement shall establish a procedure for
  resolving any disputes between the Secretary and the Administrator regarding
  the implementation of specific projects. With respect to countries not
  assisted by the Agency for International Development, the Secretary may
  enter into agreements with other appropriate United States agencies. If the
  Secretary and the Administrator, or the Secretary and an agency described
  in the previous sentence, are unable to reach an agreement, each shall send
  a memorandum to the President outlining an appropriate agreement. Within
  90 days after receipt of either memorandum, the President shall determine
  which version of the agreement shall be in effect. Any agreement entered
  into under this subsection shall be provided to the appropriate committees
  of the Congress and made available to the public.
  (b) PURPOSES OF THE PROGRAM- The purposes of the technology transfer
  program under this section are to--
  (1) reduce the United States balance of trade deficit through the export
  of United States energy technologies and technological expertise;
  (2) retain and create manufacturing and related service jobs in the
  United States;
  (3) encourage the export of United States technologies, including services
  related thereto, to those countries that have a need for developmentally
  sound facilities to provide energy derived from coal resources;
  (4) develop markets for United States technologies and, where appropriate,
  United States coal resources to be utilized in meeting the energy and
  environmental requirements of foreign countries;
  (5) better ensure that United States participation in energy-related projects
  in foreign countries includes participation by United States firms as well
  as utilization of United States technologies that have been developed or
  demonstrated in the United States through publicly or privately funded
  demonstration programs;
  (6) provide for the accelerated deployment of United States technologies that
  will serve to introduce into foreign countries United States technologies
  intended to use coal resources in a more efficient, cost-effective, and
  environmentally acceptable manner;
  (7) serve to ensure the introduction of United States firms and expertise
  in foreign countries;
  (8) provide financial assistance by the Federal Government to foster
  greater participation by United States firms in the financing, ownership,
  design, construction, or operation of clean coal technology projects in
  foreign countries;
  (9) assist foreign countries in meeting their energy needs through the
  use of coal in an environmentally acceptable manner, consistent with
  sustainable development policies; and
  (10) assist United States firms, especially firms that are in competition
  with firms in foreign countries, to obtain opportunities to transfer
  technologies to, or undertake projects in, foreign countries.
  (c) IDENTIFICATION- Pursuant to the agreements required by subsection
  (a), the Secretary, through the Agency for International Development,
  and after consultation with the CCT Subgroup, United States firms,
  and representatives from foreign countries, shall develop mechanisms to
  identify potential energy projects in host countries, and shall identify a
  list of such projects within 240 days after the date of enactment of this
  Act, and periodically thereafter.
  (d) FINANCIAL MECHANISMS- (1) Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development, shall--
  (A) establish appropriate financial mechanisms to increase the participation
  of United States firms in energy projects utilizing United States clean
  coal technologies, and services related thereto, in developing countries
  and countries making the transition from nonmarket to market economies;
  (B) utilize available financial assistance authorized by this section to
  counterbalance assistance provided by foreign governments to non-United
  States firms; and
  (C) provide financial assistance to support projects, including--
  (i) financing the incremental costs of a clean coal technology project
  attributable only to expenditures to prevent or abate emissions;
  (ii) providing the difference between the costs of a conventional energy
  project in the host country and a comparable project that would utilize
  a clean coal technology capable of achieving greater efficiency of energy
  products and improved environmental emissions compared to such conventional
  project; and
  (iii) such other forms of financial assistance as the Secretary, through
  the Agency for International Development, considers appropriate.
  (2) The financial assistance authorized by this section may be--
  (A) provided in combination with other forms of financial assistance,
  including non-United States funding that is available to the project; and
  (B) utilized to assist United States firms to develop innovative financing
  packages for clean coal technology projects that seek to utilize other
  financial assistance programs available through other Federal agencies.
  (3) United States obligations under the Arrangement on Guidelines for
  Officially Supported Export Credits established through the Organization
  for Economic Cooperation and Development shall be applicable to this section.
  (e) SOLICITATIONS FOR PROJECT PROPOSALS- (1) Pursuant to the agreements
  under subsection (a), the Secretary, through the Agency for International
  Development, within one year after the date of enactment of this Act,
  and subsequently as appropriate thereafter, shall solicit proposals from
  United States firms for the design, construction, testing, and operation
  of the project or projects identified under subsection (c) which propose
  to utilize a United States technology. Each solicitation under this section
  shall establish a closing date for receipt of proposals.
  (2) The solicitation under this subsection shall, to the extent appropriate,
  be modeled after the RFP No. DE-PS01-90FE62271 Clean Coal Technology IV
  as administered by the Department of Energy.
  (3) Any solicitation made under this subsection shall include the following
  requirements:
  (A) The United States firm that submits a proposal in response to the
  solicitation shall have an equity interest in the proposed project.
  (B) The project shall utilize a United States clean coal technology,
  including services related thereto, and, where appropriate, United
  States coal resources, in meeting the applicable energy and environmental
  requirements of the host country.
  (C) Proposals for projects shall be submitted by and undertaken with a
  United States firm, although a joint venture or other teaming arrangement
  with a non-United States manufacturer or other non-United States entity
  is permissible.
  (f) ASSISTANCE TO UNITED STATES FIRMS- Pursuant to the agreements under
  subsection (a), the Secretary, through the Agency for International
  Development, and in consultation with the CCT Subgroup, shall establish a
  procedure to provide financial assistance to United States firms under this
  section for a project identified under subsection (c) where solicitations
  for the project are being conducted by the host country or by a multilateral
  lending institution.
  (g) OTHER PROGRAM REQUIREMENTS- Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development,
  and in consultation with the CCT Subgroup, shall--
  (1) establish eligibility criteria for countries that will host projects;
  (2) periodically review the energy needs of such countries and export
  opportunities for United States firms for the development of projects in
  such countries;
  (3) consult with government officials in host countries and, as appropriate,
  with representatives of utilities or other entities in host countries,
  to determine interest in and support for potential projects; and
  (4) determine whether each project selected under this section is
  developmentally sound, as determined under the criteria developed by
  the Development Assistance Committee of the Organization for Economic
  Cooperation and Development.
  (h) SELECTION OF PROJECTS- (1) Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development,
  shall, not later than 120 days after receipt of proposals in response to
  a solicitation under subsection (e), select one or more proposals under
  this section.
  (2) In selecting a proposal under this section, the Secretary, through
  the Agency for International Development, shall consider--
  (A) the ability of the United States firm, in cooperation with the host
  country, to undertake and complete the project;
  (B) the degree to which the equipment to be included in the project is
  designed and manufactured in the United States;
  (C) the long-term technical and competitive viability of the United States
  technology, and services related thereto, and the ability of the United
  States firm to compete in the development of additional energy projects
  using such technology in the host country and in other foreign countries;
  (D) the extent of technical and financial involvement of the host country
  in the project;
  (E) the extent to which the proposed project meets the goals and objectives
  stated in section 1301(a);
  (F) the extent of technical, financial, management, and marketing
  capabilities of the participants in the project, and the commitment of
  the participants to completion of a successful project in a manner that
  will facilitate acceptance of the United States technology for future
  application; and
  (G) such other criteria as may be appropriate.
  (3) In selecting among proposed projects, the Secretary shall seek to
  ensure that, relative to otherwise comparable projects in the host country,
  a selected project will meet 1 or more of the following criteria:
  (A) It will reduce environmental emissions to an extent greater than
  required by applicable provisions of law.
  (B) It will increase the overall efficiency of the utilization of coal,
  including energy conversion efficiency and, where applicable, production
  of products derived from coal.
  (C) It will be a more cost-effective technological alternative, based on
  life cycle capital and operating costs per unit of energy produced and,
  where applicable, costs per unit of product produced.
Priority in selection shall be given to those projects which, in the judgment
of the Secretary, best meet one or more of these criteria.
  (i) UNITED STATES-ASIA ENVIRONMENTAL PARTNERSHIP- Activities carried
  out under this section shall be coordinated with the United States-Asia
  Environmental Partnership.
  (j) BUY AMERICA- In carrying out this section, the Secretary, through the
  Agency for International Development, and pursuant to the agreements under
  subsection (a), shall ensure--
  (1) the maximum percentage, but in no case less than 50 percent, of the
  cost of any equipment furnished in connection with a project authorized
  under this section shall be attributable to the manufactured United States
  components of such equipment; and
  (2) the maximum participation of United States firms.
In determining whether the cost of United States components equals or exceeds
50 percent, the cost of assembly of such United States components in the
host country shall not be considered a part of the cost of such United
States component.
  (k) REPORTS TO CONGRESS- The Secretary and the Administrator of the Agency
  for International Development shall report annually to the Committee on
  Energy and Natural Resources of the Senate and the appropriate committees
  of the House of Representatives on the progress being made to introduce
  clean coal technologies into foreign countries.
  (l) DEFINITION- For purposes of this section, the term `host country'
  means a foreign country which is--
  (1) the participant in or the site of the proposed clean coal technology
  project; and
  (2) either--
  (A) classified as a country eligible to participate in development assistance
  programs of the Agency for International Development pursuant to applicable
  law or regulation; or
  (B) a developing country or country with an economy in transition from a
  nonmarket to a market economy.
  (m) AUTHORIZATION FOR PROGRAM- There are authorized to be appropriated to
  the Secretary to carry out the program required by this section, $100,000,000
  for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
SEC. 1333. CONVENTIONAL COAL TECHNOLOGY TRANSFER.
  If the Secretary determines that the utilization of a clean coal technology
  is not practicable for a proposed project and that a United States
  conventional coal technology would constitute a substantial improvement in
  efficiency, costs, and environmental performance relative to the technology
  being used in a developing country or country making the transition from
  nonmarket to market economies, with significant indigenous coal resources,
  such technology shall, for purposes of sections 1321 and 1322, be considered
  a clean coal technology. In the case of combustion technologies, only the
  retrofit, repowering, or replacement of a conventional technology shall
  constitute a substantial improvement for purposes of this section. In
  carrying out this section, the Secretary shall give highest priority to
  promoting the most environmentally sound and energy efficient technologies.
SEC. 1334. STUDY OF UTILIZATION OF COAL COMBUSTION BYPRODUCTS.
  (a) DEFINITION- As used in this section, the term `coal combustion
  byproducts' means the residues from the combustion of coal including ash,
  slag, and flue gas desulfurization materials.
  (b) STUDY AND REPORT TO CONGRESS- (1) The Secretary shall conduct a
  detailed and comprehensive study on the institutional, legal, and regulatory
  barriers to increased utilization of coal combustion byproducts by potential
  governmental and commercial users. Such study shall identify and investigate
  barriers found to exist at the Federal, State, or local level, which may
  have limited or may have the foreseeable effect of limiting the quantities of
  coal combustion byproducts that are utilized. In conducting this study, the
  Secretary shall consult with other departments and agencies of the Federal
  Government, appropriate State and local governments, and the private sector.
  (2) Not later than one year after the date of enactment of this Act, the
  Secretary shall submit a report to the Congress containing the results of
  the study required by paragraph (1) and the Secretary's recommendations
  for action to be taken to increase the utilization of coal combustion
  byproducts. At a minimum, such report shall identify actions that would
  increase the utilization of coal combustion byproducts in--
  (A) bridge and highway construction;
  (B) stabilizing wastes;
  (C) procurement by departments and agencies of the Federal Government and
  State and local governments; and
  (D) federally funded or federally subsidized procurement by the private
  sector.
SEC. 1335. CALCULATION OF AVOIDED COST.
  Nothing in section 210 of the Public Utility Regulatory Policies Act of 1978
  (Public Law 95-617) requires a State regulatory authority or nonregulated
  electric utility to treat a cost reasonably identified to be incurred or
  to have been incurred in the construction or operation of a facility or a
  project which has been selected by the Department of Energy and provided
  Federal funding pursuant to the Clean Coal Program authorized by Public
  Law 98-473 as an incremental cost of alternative electric energy.
SEC. 1336. COAL FUEL MIXTURES.
  Within one year following the date of enactment of this Act, the Secretary
  shall submit a report to the Committee on Energy and Commerce and the
  Committee on Science, Space, and Technology of the House of Representatives
  and the Committee on Energy and Natural Resources of the Senate on the
  status of technologies for combining coal with other materials, such as
  oil or water fuel mixtures. The report shall include--
  (1) a technical and economic feasibility assessment of such technologies;
  (2) projected developments in such technologies;
  (3) an assessment of the market potential of such technologies, including
  the potential to displace imported crude oil and refined petroleum products;
  (4) identification of barriers to commercialization of such technologies; and
  (5) recommendations for addressing barriers to commercialization.
SEC. 1337. NATIONAL CLEARINGHOUSE.
  (a) FEASIBILITY- (1) The Secretary shall assess the feasibility of
  establishing a national clearinghouse for the exchange and dissemination of
  technical information on technology relating to coal and coal-derived fuels.
  (2) In assessing the feasibility, the Secretary shall consider whether
  such a clearinghouse would be appropriate for purposes of--
  (A) collecting information and data on technology relating to coal, and
  coal-derived fuels, which can be utilized to improve environmental quality
  and increase energy independence;
  (B) disseminating to appropriate individuals, governmental departments,
  agencies, and instrumentalities, institutions of higher education, and
  other entities, information and data collected pursuant to this section;
  (C) maintaining a library of technology publications and treatises relating
  to technology information and data collected pursuant to this section;
  (D) organizing and conducting seminars for government officials, utilities,
  coal companies, and other entities or institutions relating to technology
  using coal and coal-derived fuels that will improve environmental quality
  and increase energy independence;
  (E) gathering information on research grants made for the purpose
  of improving or enhancing technology relating to the use of coal, and
  coal-derived fuels, which will improve environmental quality and increase
  energy independence;
  (F) translating into English foreign research papers, articles, seminar
  proceedings, test results that affect, or could affect, clean coal use
  technology, and other documents;
  (G) encouraging, during the testing of technologies, the use of coal from
  a variety of domestic sources, and collecting or developing, or both,
  complete listings of test results using coals from all sources;
  (H) establishing and maintaining an index or compilation of research projects
  relating to clean coal technology carried out throughout the world; and
  (I) conducting economic modeling for feasibility of projects.
  (b) AUTHORITY TO ESTABLISH CLEARINGHOUSE- Based upon the assessment under
  subsection (a), the Secretary may establish a clearinghouse.
SEC. 1338. COAL EXPORTS.
  (a) PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary of Commerce, in cooperation with the Secretary and other
  appropriate Federal agencies, shall submit to the appropriate committees
  of the House of Representatives and the Committee on Energy and Natural
  Resources of the Senate a plan for expanding exports of coal mined in the
  United States.
  (b) PLAN CONTENTS- The plan submitted under subsection (a) shall include--
  (1) a description of the location, size, and projected growth in potential
  export markets for coal mined in the United States;
  (2) the identification by country of the foreign trade barriers to the export
  of coal mined in the United States, including foreign coal production and
  utilization subsidies, tax treatment, labor practices, tariffs, quotas,
  and other nontariff barriers;
  (3) recommendations and a plan for addressing any such trade barriers;
  (4) an evaluation of existing infrastructure in the United States and
  any new infrastructure requirements in the United States to support an
  expansion of exports of coal mined in the United States, including ports,
  vessels, rail lines, and any other supporting infrastructure; and
  (5) an assessment of environmental implications of coal exports and the
  identification of export opportunities for blending coal mined in the
  United States with coal indigenous to other countries to enhance energy
  efficiency and environmental performance.
SEC. 1339. OWNERSHIP OF COALBED METHANE.
  (a) FEDERAL LANDS AND MINERAL RIGHTS- In the case of any deposit of coalbed
  methane where the United States is the owner of the surface estate or
  where the United States has transferred the surface estate but reserved the
  subsurface mineral estate, the Secretary of the Interior shall administer
  this section. This section and the definitions contained herein shall be
  applicable only on lands within Affected States.
  (b) AFFECTED STATES- Not later than 180 days after the date of enactment
  of this Act, the Secretary of the Interior, with the participation of
  the Secretary of Energy, shall publish in the Federal Register a list of
  Affected States which shall be comprised of States--
  (1) in which the Secretary of the Interior, with the participation of the
  Secretary of Energy, determines that disputes, uncertainty, or litigation
  exist, regarding the ownership of coalbed methane gas;
  (2) in which the Secretary of the Interior, with the participation of the
  Secretary of Energy, determines that development of significant deposits of
  coalbed methane gas is being impeded by such existing disputes, uncertainty,
  or litigation regarding ownership of such coalbed methane;
  (3) which do not have in effect a statutory or regulatory procedure or
  existing case law permitting and encouraging the development of coalbed
  methane gas within that State; and
  (4) which do not have extensive development of coalbed methane gas.
The Secretary of the Interior, with the participation of the Secretary of
Energy, shall revise such list of Affected States from time to time. Any
Affected State shall be deleted from the list of Affected States upon the
receipt by the Secretary of the Interior of a Governor's petition requesting
such deletion, a State law requesting such deletion, or a resolution
requesting such deletion enacted by the legislative body of the State. A
Governor intending to petition the Secretary of the Interior to delete a
State from the list of Affected States shall provide the State's legislative
body with 6 months notice of such petition during a legislative session. At
the end of such 6-month period, the Governor may petition the Secretary
of the Interior to delete a State from the list of Affected States, unless
during such 6-month period, the State's legislative body has enacted a law
or resolution disapproving the Governor's petition. Until the Secretary of
the Interior, with the participation of the Secretary of Energy, publishes a
different list, the States of West Virginia, Pennsylvania, Kentucky, Ohio,
Tennessee, Indiana, and Illinois shall be the Affected States, effective
on the date of the enactment of this Act. The States of Colorado, Montana,
New Mexico, Wyoming, Utah, Virginia, Washington, Mississippi, Louisiana,
and Alabama shall not be included on the Secretary of the Interior's list
of Affected States or any extension or revision thereof.
  (c) FAILURE TO ADOPT STATUTORY OR REGULATORY PROCEDURE- If an Affected
  State has not placed in effect, by statute or by regulation, a substantial
  program promoting the permitting, drilling and production of coalbed
  methane wells (including pooling arrangements) within that State within
  3 years after becoming an Affected State, the Secretary of the Interior,
  with the participation of the Secretary of Energy, shall administer this
  section and shall promulgate such regulations as are necessary to carry
  out this section in that State.
  (d) IMPLEMENTATION BY THE SECRETARY OF THE INTERIOR- In implementing this
  section, the Secretary of the Interior, with the participation of the
  Secretary of Energy, shall--
  (A) consider existing and future coal mining plans,
  (B) preserve the mineability of coal seams, and
  (C) provide for the prevention of waste and maximization of recovery of
  coal and coalbed methane gas in a manner which will protect the rights of
  all entities owning an interest in such coalbed methane resource.
  (e) SPACING- Except where State law in an Affected State contains existing
  spacing requirements regarding the minimum distance between coalbed methane
  wells and the minimum distance of a coalbed methane well from a property
  line, the Secretary of the Interior shall establish such requirements
  within 90 days after the assertion of jurisdiction pursuant to subsection
  (c) of this section.
  (f) SPACING UNITS- Applications to establish spacing units for the drilling
  and operation of coalbed methane gas wells may be filed by any entity
  claiming a coalbed methane ownership interest within a proposed spacing
  unit. Upon receipt and approval of an application, the Secretary of the
  Interior shall issue an order establishing the boundaries of the coalbed
  methane spacing unit. Spacing units shall generally be uniform in size.
  (g) DEVELOPMENT UNDER POOLING ARRANGEMENT- Following issuance of an
  order establishing a spacing unit under subsection (f), and pursuant
  to an application for pooling filed by the entity claiming a coalbed
  methane ownership interest and proposing to drill a coalbed methane gas
  well, the Secretary of the Interior shall hold a hearing to consider
  the application for pooling and shall, if the criteria of this section
  are met, issue an order allowing the proposed pooling of acreage within
  the designated spacing unit for purposes of drilling and production of
  coalbed methane from the spacing unit. The pooling order shall not be
  issued before notice or a reasonable and diligent effort to provide notice
  has been made to each entity which may claim an ownership interest in the
  coalbed methane gas within such spacing unit and each such entity has been
  offered an opportunity to appear before the Secretary of the Interior at
  the hearing. Upon issuance of a pooling order, each owner or claimant of an
  ownership interest shall be allowed to make one of the following elections:
  (1) An election to sell or lease its coalbed methane ownership interest
  to the unit operator at a rate determined by the Secretary of the Interior
  as set forth in the pooling order.
  (2) An election to become a participating working interest owner by bearing a
  share of the risks and costs of drilling, completing, equipping, gathering,
  operating (including all disposal costs), plugging and abandoning the well,
  and receiving a share of production from the well.
  (3) An election to share in the operation of the well as a nonparticipating
  working interest owner by relinquishing its working interest to participating
  working interest owners until the proceeds allocable to its share equal 300
  percent of the share of such costs allocable to its interest. Thereafter,
  the nonparticipating working interest owner shall become a participating
  working interest owner.
The pooling order shall designate a unit operator who shall be authorized
to drill and operate the spacing unit. The pooling order shall provide that
any entity claiming an ownership interest in the coalbed methane within such
spacing unit which does not make an election under the pooling order shall
be deemed to have leased its coalbed methane interest to the unit operator
under such terms and conditions as the pooling order may provide. No pooling
order may be issued under this paragraph for any spacing unit if all entities
claiming an ownership interest in the coalbed methane in the spacing unit
have entered into a voluntary agreement providing for the drilling and
operation of the coalbed methane gas well for the spacing unit.
  (h) ESCROW ACCOUNT- (1) Each pooling order issued under subsection (g)
  shall provide for the establishment of an escrow account into which the
  payment of costs and proceeds attributable to the conflicting interests
  shall be deposited and held for the interest of the claimants as follows:
  (A) Each participating working interest owner, except for the unit operator,
  shall deposit in the escrow account its proportionate share of the costs
  allocable to the ownership interest claimed by each such participating
  working interest owner as set forth in the pooling order issued by the
  Secretary of the Interior.
  (B) The unit operator shall deposit in the escrow account all proceeds
  attributable to the conflicting interests of lessees, plus all proceeds
  in excess of ongoing operational expenses (including reasonable overhead
  costs) attributable to conflicting working interests.
  (2) The Secretary of the Interior shall order payment of principal and
  accrued interest from the escrow account to all legally entitled entities
  within 30 days of receipt by the Secretary of the Interior of notification
  of the final legal determination of entitlement or upon agreement of all
  entities claiming an ownership interest in the coalbed methane gas. Upon
  such final determination--
  (A) each legally entitled participating working interest owner shall receive
  a proportionate share of the proceeds attributable to the conflicting
  ownership interest;
  (B) each legally entitled nonparticipating working interest owner shall
  receive a proportionate share of the proceeds attributable to the conflicting
  ownership interest, less the cost of being carried as a nonparticipating
  working interest owner (as determined by the election of the entity under
  the applicable pooling order);
  (C) each entity leasing (or deemed to have leased) its coalbed methane
  ownership interest to the unit operator shall receive a share of the royalty
  proceeds (as set out in the applicable pooling order) attributable to the
  conflicting interests of lessees; and
  (D) the unit operator shall receive the costs contributed to the escrow
  account by each legally entitled participating working interest owner.
The Secretary of the Interior shall enact rules and regulations for the
administration and protection of funds delivered to the escrow accounts.
  (i) APPROVAL OF THE SECRETARY OF THE INTERIOR- No entity may drill any well
  for the production of coalbed methane gas from a coal seam, subject to the
  provisions of subsection (g), in an Affected State unless the drilling of
  such well has been approved by the Secretary of the Interior.
  (j) AUTHORIZATION TO STIMULATE A COAL SEAM- (1) No operator of a coalbed
  methane well may stimulate a coal seam without the written consent of
  each entity which, at the time that the coalbed methane operator applies
  for a drilling permit, is operating a coal mine, or has by virtue of his
  property rights in the coal the ability to operate a coal mine, located
  within a horizontal or vertical distance from the point of stimulation as
  established by the Secretary of the Interior pursuant to paragraph (3) of
  this subsection. In seeking the coal operator's consent, a coalbed methane
  well operator shall provide the coal operator with necessary information
  about such stimulation, including relevant information to ensure compliance
  with coal mine safety laws and rules.
  (2) In the absence of a written consent pursuant to paragraph (1) and at
  the request of a coalbed methane operator, the Secretary of the Interior
  shall make a determination regarding stimulation of a coal seam. Such
  request shall include an affidavit which shall--
  (A) state that an entity from which consent is required pursuant to paragraph
  (1) has refused to provide written consent;
  (B) set forth in detail the efforts undertaken by the applicant to obtain
  such written consent;
  (C) state the known reasons for the consent not being provided;
  (D) set forth the conditions and compensation, if any, offered by the
  applicant as part of the efforts to obtain consent; and
  (E) provide prima facie evidence that the method of stimulation proposed by
  the coalbed methane operator will not (i) cause unreasonable loss or damage
  to the coal seam considering all factors, including the prospect, taking
  into consideration the economics of the coal industry, that coal seams for
  which  no actual or proposed mining plans exist will be mined at some future
  date, or (ii) violate mine safety requirements. If a denial of consent by
  a coal operator is based on reasons related to safety, the Secretary of the
  Interior shall seek the views and recommendations of the appropriate State
  or Federal coal mine safety agency. Any determination by the Secretary of
  the Interior shall be in accordance with all applicable Federal and State
  coal mine safety laws and such views and recommendations. A determination
  by the Secretary of the Interior approving a method of stimulation may
  include reasonable conditions including, but not limited to, conditions to
  mitigate, to the extent practicable, economic damage to the coal seam. Any
  determination approving or denying a method of stimulation by the Secretary
  of the Interior shall be subject to appeal. Interested entities shall be
  allowed to participate in and comment on proceedings under this paragraph.
  (3) The Secretary of the Interior shall by rule establish, for an Affected
  State, a region thereof, or a multi-State region comprised of Affected
  States, the boundaries within which a coalbed methane operator shall be
  required to obtain written consent from a coal operator pursuant to paragraph
  (1). Such boundaries shall be stated in terms of a horizontal and a vertical
  distance from the point of stimulation and shall be determined based on an
  evaluation of the maximum length, height and depth of fracture producible
  in a coal seam in such Affected State, region thereof, or multi-State
  region comprised of Affected States.
  (4) The consent required under this subsection shall in no way be deemed
  to impair, abridge, or affect any contractual rights or objections arising
  out of a coalbed methane gas contract or coalbed methane gas lease in
  existence as of the effective date of this section between the coalbed
  methane operator and the coal operator, and the existence of such lease or
  contractual agreement and any extensions or renewals of such lease shall
  be deemed to fully meet the requirements of this section.
  (5) Nothing in this subsection precludes either a coal operator or a coalbed
  methane operator from seeking in the appropriate State forum compensation
  for the consequences of a determination by the Secretary of the Interior
  pursuant to paragraph (2).
  (k) NOTICE AND OBJECTION- (1) The Secretary of the Interior shall not
  approve the drilling of any coalbed methane well unless the unit operator
  has notified each entity which is operating, or has the ability, by virtue
  of his property rights in the coal, to operate, a coal mine in any portion
  of the coalbed that would be affected by such well within the distances
  established pursuant to the rules promulgated under subsection (j)(3). Any
  notified entity may object to the drilling of such well within 30 days
  after receipt of a notice. Upon receipt of a timely objection to the
  drilling of any coalbed methane gas well submitted by a notified entity,
  the Secretary of the Interior may refuse to approve the drilling of the
  well based on any of the following:
  (A) The proposed activity, due to its proximity to any coal mine opening,
  shaft, underground workings, or to any proposed extension of the coal
  mine, would adversely affect any operating, inactive or abandoned coal
  mine, including any coal mine already surveyed and platted but not yet
  being operated.
  (B) The proposed activity would not conform with a coal operator's
  development plan for an existing or proposed operation.
  (C) There would be an unreasonable interference from the proposed activity
  with present or future coal mining operations, including the ability to
  comply with other applicable laws and regulations.
  (D) The presence of evidence indicating that the proposed drilling
  activities would be unsafe, taking into consideration the dangers from
  creeps, squeezes or other disturbances due to the extraction of coal.
  (E) The proposed activity would unreasonably interfere with the safe
  recovery of coal, oil and gas.
  (2) In the event the Secretary of the Interior does not approve the drilling
  of a coalbed methane well pursuant to paragraph (1), the Secretary of the
  Interior shall consider whether such drilling could be approved if the
  unit operator modifies the proposed activities to take into account any
  of the following:
  (A) The proposed activity could instead be reasonably done through an
  existing or planned pillar of coal, or in close proximity to an existing
  well or such pillar of coal, taking into consideration surface topography.
  (B) The proposed activity could instead be moved to a mined-out area,
  below the coal outcrop or to some other feasible area.
  (C) The unit operator agrees to a drilling moratorium of not more than
  two years in order to permit completion of coal mining operations.
  (D) The practicality of locating the proposed spacing unit or well on a
  uniform pattern with other spacing units or wells.
  (l) PLUGGING- All coalbed methane wells drilled after enactment of this
  Act that penetrate coal seams with remaining reserves shall provide for
  subsequent safe mining through the well in accordance with standards
  prescribed by the Secretary of the Interior, in consultation with any
  Federal and State agencies having authority over coal mine safety. Well
  plugging costs should be allocated in accordance with State law or private
  contractual arrangement, as the case may be.
  (m) NOTICE AND OBJECTION BY OTHER PARTIES- The Secretary of the Interior
  shall not approve the drilling of any coalbed methane well unless such
  well complies with the spacing and other requirements established by the
  Secretary of the Interior and each of the following:
  (1) The unit operator of such well has notified, or has made a reasonable
  and diligent effort to notify, all entities claiming ownership of coalbed
  methane to be drained by such well and provided an opportunity to object
  in accordance with requirements established by the Secretary of the Interior.
  (2) Where conflicting interests exist, an order under subsection (g)
  establishing pooling requirements has been issued.
The notification requirements of this subsection shall be additional to the
notification referred to in subsection (k). The Secretary of the Interior
shall establish the conditions under which entities claiming ownership of
coalbed methane may object to the drilling of a coalbed methane well.
  (n) VENTING FOR SAFETY- Nothing in this section shall be construed to
  prevent or inhibit the entity which has the right to develop and mine coal
  in any mine from venting coalbed methane gas to ensure safe mine operations.
  (o) OTHER LAWS- The Secretary of the Interior shall comply with all
  applicable Federal and State coal mine safety laws and regulations.
  (p) DEFINITIONS- As used in this section--
  (1) The term `Affected State' means a State listed by the Secretary of
  the Interior, with the participation of the Secretary of Energy, under
  subsection (b).
  (2) The term `coalbed methane gas' means occluded natural gas produced (or
  which may be produced) from coalbeds and rock strata associated therewith.
  (3) The term `unit operator' means the entity designated in a pooling order
  to develop a spacing unit by the drilling of one or more wells on the unit.
  (4) The term `nonparticipating working interest owner' means a gas or
  oil owner of a tract included in a spacing unit which elects to share
  in the operation of the well on a carried basis by agreeing to have its
  proportionate share of the costs allocable to its interest charged against
  its share of production of the well in accordance with subsection (f)(3).
  (5) The term `participating working interest owner' means a gas or oil owner
  which elects to bear a share of the risks and costs of drilling, completing,
  equipping, gathering, operating (including any and all disposal costs)
  plugging, and abandoning a well on a spacing unit and to receive a share
  of production from the well equal to the proportion which the acreage in
  the spacing unit it owns or holds under lease bears to the total acreage
  of the spacing unit.
  (6) The term `coal seam' means any stratum of coal 20 inches or more in
  thickness, unless a stratum of less thickness is being commercially worked,
  or can in the judgment of the Secretary of the Interior forseeably be
  commercially worked and will require protection if wells are being drilled
  through it.
SEC. 1340. ESTABLISHMENT OF DATA BASE AND STUDY OF TRANSPORTATION RATES.
  (a) DATA BASE- The Secretary shall review the information currently
  collected by the Federal Government and shall determine whether information
  on transportation rates for rail and pipeline transport of domestic coal,
  oil, and gas during the period of January 1, 1988, through December 31,
  1997, is reasonably available. If he determines that such information
  is not reasonably available, the Secretary shall establish a data base
  containing, to the maximum extent practicable, information on all such
  rates. The confidentiality of contract rates shall be preserved. To obtain
  data pertaining to rail contract rates, the Secretary shall acquire such
  data in aggregate form only from the Interstate Commerce Commission,
  under terms and conditions that maintain the confidentiality of such rates.
  (b) STUDY- The Energy Information Administration shall determine the
  extent to which any agency of the Federal Government is studying the rates
  and distribution patterns of domestic coal, oil, and gas to determine
  the impact of the Clean Air Act as amended by the Act entitled `An Act
  to amend the Clean Air Act to provide for attainment and maintenance of
  health protective national ambient air quality standards, and for other
  purposes.', enacted November 15, 1990 (Public Law 101-549), and other
  Federal policies on such rates and distribution patterns. If the Energy
  Information Administration finds that no such study is underway, or that
  reports of the results of such study will not be available to the Congress
  providing the information specified in this subsection and subsection
  (a) by the dates established in subsection (c), the Energy Information
  Administration shall initiate such a study.
  (c) REPORTS TO CONGRESS- Within one year after the date of enactment of
  this Act, the Secretary shall report to the Congress on the determination
  the Energy Information Administration is required to make under subsection
  (b). Within three years after the date of enactment of this Act, the
  Secretary shall submit reports on any data base or study developed under
  this section. Any such reports shall be updated and resubmitted to the
  Congress within eight years after such date of enactment. If the Energy
  Information Administration has determined pursuant to subsection (b) that
  another study or studies will provide all or part of the information called
  for in this section, the Secretary shall transmit the results of that study
  by the dates established in this subsection, together with his comments.
  (d) CONSULTATION WITH OTHER AGENCIES- The Secretary and the Energy
  Information Administration shall consult with the Chairmen of the Federal
  Energy Regulatory Commission and the Interstate Commerce Commission in
  implementing this section.
SEC. 1341. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the Secretary for carrying out
  this subtitle, other than section 1322, such sums as may be necessary for
  fiscal years 1993 through 1998.
TITLE XIV--STRATEGIC PETROLEUM RESERVE
SEC. 1401. DRAWDOWN AND DISTRIBUTION OF THE RESERVE.
  Section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
  is amended--
  (1) in subsection (d)--
  (A) by striking `(d)' and inserting `(d)(1)'; and
  (B) by adding at the end the following new paragraph:
  `(2) For purposes of this section, in addition to the circumstances set
  forth in section 3(8), a severe energy supply interruption shall be deemed
  to exist if the President determines that--
  `(A) an emergency situation exists and there is a significant reduction
  in supply which is of significant scope and duration;
  `(B) a severe increase in the price of petroleum products has resulted
  from such emergency situation; and
  `(C) such price increase is likely to cause a major adverse impact on the
  national economy.'; and
  (2) in subsection (h)(1)(A), by inserting `or international' after
  `domestic'.
SEC. 1402. EXPANSION OF RESERVE.
  Section 154(a) of the Energy Policy and Conservation Act (42 U.S.C. 6234)
  is amended--
  (1) by striking `(a)' and inserting `(a)(1)'; and
  (2) by adding at the end the following:
  `(2) Beginning on the date of the enactment of the Energy Policy Act of 1992,
  the President shall take actions to enlarge the Strategic Petroleum Reserve
  to 1,000,000,000 barrels as rapidly as possible. Such actions may include--
  `(A) petroleum acquisition, transportation, and injection activities at
  the highest practicable fill rate achievable, subject to the availability
  of appropriated funds;
  `(B) contracting for petroleum product not owned by the United States as
  specified in part C;
  `(C) contracting for petroleum product for storage in facilities not owned
  by the United States, except that no such product may be stored in such
  facilities unless petroleum product stored in facilities owned by the
  United States on the date such product is delivered for storage is at
  least 750,000,000 barrels;
  `(D) carrying out the activities described in section 160(h);
  `(E) the transferring of oil from the Naval Petroleum Reserve; and
  `(F) other activities specified in this title.'.
SEC. 1403. AVAILABILITY OF FUNDING FOR LEASING.
  Section 171 of the Energy Policy and Conservation Act (42 U.S.C. 6249)
  is amended by adding at the end the following new subsection:
  `(f) AVAILABILITY OF FUNDS- The Secretary may utilize such funds as
  are available in the SPR Petroleum Account to carry out the activities
  described in subsection (a), and may obligate and expend such funds to
  carry out such activities, in advance of the receipt of petroleum products.'.
SEC. 1404. PURCHASE FROM STRIPPER WELL PROPERTIES.
  (a) IN GENERAL- Section 160 of the Energy Policy and Conservation Act (42
  U.S.C. 6240) is amended by adding at the end the following new subsection:
  `(h)(1) If the President finds that declines in the production of oil from
  domestic resources pose a threat to national energy security, the President
  may direct the Secretary to acquire oil from domestic production of stripper
  well properties for storage in the Strategic Petroleum Reserve. Except as
  provided in paragraph (2), the Secretary may set such terms and conditions
  as he deems necessary for such acquisition.
  `(2) Crude oil purchased by the Secretary pursuant to this subsection
  shall be by competitive bid. The price paid by the Secretary--
  `(A) shall take into account the cost of production including costs of
  reservoir and well maintenance; and
  `(B) shall not exceed the price that would have been paid if the Secretary
  had acquired petroleum products of a similar quality on the open market
  under competitive bid procedures without regard to the source of the
  petroleum products.'.
  (b) TECHNICAL CORRECTIONS- Part B of title I of such Act is amended--
  (1) in section 167(d), in the matter preceding paragraph (1), by striking
  `subsection (g)' and inserting `under subsection (g)'; and
  (2) in section 160(d)(2)--
  (A) by striking `(2)(A)' and inserting `(2)'; and
  (B) by redesignating clauses (i), (ii), and (iii) as subparagraphs (A),
  (B), and (C), respectively.
SEC. 1405. REDESIGNATION OF ISLAND STATES.
  Section 157(a) of the Energy Policy and Conservation Act (42 U.S.C. 6237(a))
  is amended--
  (1) by striking `(a)' and inserting `(a)(1)'; and
  (2) by adding at the end the following new paragraph:
  `(2) For the purpose of carrying out this section--
  `(A) any State that is an island shall be considered to be a separate
  Federal Energy Administration Region, as defined in title 10, Code of
  Federal Regulations, as in effect on November 1, 1975;
  `(B) determinations made with respect to Regions, other than States that are
  islands, shall be made as if the islands were not part of the Regions; and
  `(C) with respect to determinations made for any State that is an island,
  the term `refined petroleum product' shall have the same meaning given
  the term `petroleum product' in section 3(3).'.
SEC. 1406. INSULAR AREAS STUDY.
  (a) IN GENERAL- The Secretary shall conduct a study of the implications
  of the unique vulnerabilities of the insular areas to an oil supply
  disruption. Such study shall outline how the insular areas shall gain
  access to vital oil supplies during times of national emergency. Such
  study shall be completed and submitted to the Congress not later than 9
  months after the date of the enactment of this Act.
  (b) DEFINITION- For purposes of this section, the term `insular areas' means
  the Virgin Islands, Puerto Rico, Guam, American Samoa, the Commonwealth
  of the Northern Mariana Islands, and Palau.
TITLE XV--OCTANE DISPLAY AND DISCLOSURE
SEC. 1501. CERTIFICATION AND POSTING OF AUTOMOTIVE FUEL RATINGS.
  (a) COVERAGE OF ALL LIQUID AUTOMOTIVE FUELS- Section 201(6) of the Petroleum
  Marketing Practices Act (15 U.S.C. 2821(6)) is amended to read as follows:
  `(6) The term `automotive fuel' means liquid fuel of a type distributed
  for use as a fuel in any motor vehicle.'.
  (b) AUTOMOTIVE FUEL RATING- Section 201 of such Act (15 U.S.C. 2821)
  is amended by adding at the end the following new paragraphs:
  `(17) The term `automotive fuel rating' means--
  `(A) the octane rating of an automotive spark-ignition engine fuel; and
  `(B) if provided for by the Federal Trade Commission by rule, the cetane
  rating of diesel fuel oils; or
  `(C) another form of rating determined by the Federal Trade Commission,
  after consultation with the American Society for Testing and Materials,
  to be more appropriate to carry out the purposes of this title with respect
  to the automotive fuel concerned.
  `(18)(A) The term `cetane rating' means a measure, as indicated by a cetane
  index or cetane number, of the ignition quality of diesel fuel oil and of
  the influence of the diesel fuel oil on combustion roughness.
  `(B) The term `cetane index' and the term `cetane number' have the meanings
  determined in accordance with the test methods set forth in the American
  Society for Testing and Materials standard test methods--
  `(i) designated D976 or D4737 in the case of cetane index; and
  `(ii) designated D613 in the case of cetane number,
(as in effect on the date of the enactment of this Act) and shall apply to
any grade or type of diesel fuel oils defined in the specification of the
American Society for Testing and Materials entitled `Standard Specification
for Diesel Fuel Oils' designated D975 (as in effect on such date).'.
  (c) CONFORMING AMENDMENTS- (1) Section 201 of such Act (15 U.S.C. 2821)
  is amended--
  (A) in paragraph (1), by striking out `gasoline' and inserting in lieu
  thereof `fuel';
  (B) in paragraph (2)--
  (i) by striking out `Standard Specifications for Automotive Gasoline'
  and inserting in lieu thereof `Standard Specification for Automotive
  Spark-Ignition Engine Fuel'; and
  (ii) by striking out `D 439' and inserting in lieu thereof `D4814';
  (C) in paragraph (4)--
  (i) by striking out `gasoline' the first place it appears and inserting
  in lieu thereof `automotive fuel'; and
  (ii) by striking out `gasoline' the second place it appears and inserting
  in lieu thereof `fuel';
  (D) by striking out paragraph (5) and inserting in lieu thereof the
  following:
  `(5) The term `refiner' means any person engaged in the production or
  importation of automotive fuel.';
  (E) in paragraph (11)--
  (i) by striking out `octane' each place it appears and inserting in lieu
  thereof `automotive fuel'; and
  (ii) by striking out `gasoline' each place it appears and inserting in
  lieu thereof `fuel'; and
  (F) in paragraph (16), by striking out `gasoline' each place it appears
  and inserting in lieu thereof `automotive fuel'.
  (2) Section 202 of such Act (15 U.S.C. 2822) is amended--
  (A) by striking out `octane rating' and `octane ratings' each place such
  terms appear and inserting in lieu thereof `automotive fuel rating' and
  `automotive fuel ratings', respectively;
  (B) in subsections (a) and (b), by striking out `gasoline' each place it
  appears and inserting in lieu thereof `fuel';
  (C) in subsection (c)--
  (i) by striking out `gasoline' each place it appears (other than the second
  place it appears) and inserting in lieu thereof `automotive fuel'; and
  (ii) by striking out `gasoline' the second place it appears and inserting
  in lieu thereof `fuel';
  (D) in subsection (d), by striking out `octane' and inserting in lieu
  thereof `automotive fuel';
  (E) in subsection (e)--
  (i) by striking out `gasoline' each place it appears and inserting in lieu
  thereof `fuel'; and
  (ii) by striking out `gasoline's' and inserting in lieu thereof `fuel's';
  (F) in subsections (f), (g), and (h), by striking out `gasoline' each
  place it appears and inserting in lieu thereof `fuel';
  (G) in subsection (h), by striking out `octane requirement' each place it
  appears and inserting in lieu thereof `automotive fuel requirement'; and
  (H) in the section heading, by striking out `OCTANE' and inserting in lieu
  thereof `AUTOMOTIVE FUEL RATING'.
  (3) Section 203 of such Act (15 U.S.C. 2823) is amended--
  (A) by striking out `octane rating' and `octane ratings' each place such
  terms appear and inserting in lieu thereof `automotive fuel rating' and
  `automotive fuel ratings', respectively;
  (B) in subsections (b) and (c), by striking out `gasoline' each place it
  appears and inserting in lieu thereof `fuel'; and
  (C) in subsection (c)(3), by striking out `201(1)' and inserting in lieu
  thereof `201'.
  (d) EFFECTIVE DATE- (1) The amendments made by this section shall become
  effective at the end of the one-year period beginning on the date of the
  enactment of this Act.
  (2) The Federal Trade Commission shall, within 270 days after the date of
  the enactment of this Act, prescribe rules for the purpose of implementing
  the amendments made in this section.
SEC. 1502. INCREASED AUTHORITY FOR ENFORCEMENT.
  (a) STATE LAW- Section 204 of the Petroleum Marketing Practices Act (15
  U.S.C. 2824) is amended to read as follows:
`RELATIONSHIP OF THIS TITLE TO STATE LAW
  `SEC. 204. (a) To the extent that any provision of this title applies
  to any act or omission, no State or any political subdivision thereof
  may adopt or continue in effect, except as provided in subsection (b),
  any provision of law or regulation with respect to such act or omission,
  unless such provision of such law or regulation is the same as the applicable
  provision of this title.
  `(b) A State or political subdivision thereof may provide for any
  investigative or enforcement action, remedy, or penalty (including procedural
  actions necessary to carry out such investigative or enforcement actions,
  remedies, or penalties) with respect to any provision of law or regulation
  permitted by subsection (a).'.
  (b) FTC ENFORCEMENT- Section 203(e) of such Act is amended by striking out
  `; except that' in the second sentence and all that follows through the
  period and inserting in lieu thereof a period.
  (c) EPA ENFORCEMENT- Section 203(b)(1) of such Act is amended--
  (1) in the matter preceding subparagraph (A), by striking out `shall';
  (2) in subparagraph (A), by striking out `conduct' and inserting in lieu
  thereof `may conduct';
  (3) in subparagraph (B), by striking out `certify' and inserting in lieu
  thereof `shall certify';
  (4) in subparagraph (C), by striking out `notify' and inserting in lieu
  thereof `shall notify'; and
  (5) in subparagraph (C), by striking out `discovered' and all that follows
  through `testing'.
SEC. 1503. STUDIES.
  (a) IN GENERAL- For the purpose of making the findings, conclusions,
  and recommendations referred to in subsection (c)--
  (1) the Administrator of the Environmental Protection Agency, in consultation
  with the Secretary of Energy, shall carry out a study to determine whether,
  and if so, how, the anti-knock characteristics of nonliquid fuels usable as
  a fuel for a motor vehicle (as defined in section 201(7) of the Petroleum
  Marketing Practices Act) can be determined; and
  (2) the Federal Trade Commission, in consultation with the Administrator
  of the Environmental Protection Agency, shall carry out a study--
  (A) to determine the need for, and the desirability of, having a uniform
  national label on devices used to dispense automotive fuel to consumers
  that would consolidate information required by Federal law to be posted
  on such devices; and
  (B) to determine the nature of such label if it is determined under
  subparagraph (A) that such a need exists.
  (b) IMPLEMENTATION- (1) In carrying out studies under this section, each
  agency shall--
  (A) publish general notice of each of the studies in the Federal Register;
  and
  (B) give interested parties an opportunity to participate in such studies
  through submission of written data, views, or arguments.
  (2) In carrying out the study to determine the nature of a uniform national
  label under subsection (a)(2)(B), the Federal Trade Commission shall--
  (A) weigh the consumer, environmental, and energy saving benefits of any
  element of such label against the necessity for a concise, practical,
  and cost-efficient label; and
  (B) consider as a possible element of such label a statement suggesting
  consumers check the vehicle's owner's manual regarding octane requirements.
  (c) REPORTS- The Administrator of the Environmental Protection Agency,
  the Secretary of Energy, and the Chairman of the Federal Trade Commission
  shall transmit to the Congress, within one year after the date of the
  enactment of this Act, the findings, conclusions, and recommendations made
  as a result of the studies carried out by such officers under this section,
  together with a description of the administrative and legislative actions
  needed to implement such recommendations.
TITLE XVI--GLOBAL CLIMATE CHANGE
SEC. 1601. REPORT.
  Not later than 2 years after the date of the enactment of this Act,
  the Secretary shall submit a report to the Congress that includes an
  assessment of--
  (1) the feasibility and economic, energy, social, environmental, and
  competitive implications, including implications for jobs, of stabilizing
  the generation of greenhouse gases in the United States by the year 2005;
  (2) the recommendations made in chapter 9 of the 1991 National Academy
  of Sciences report entitled `Policy Implications of Greenhouse Warming',
  including an analysis of the benefits and costs of each recommendation;
  (3) the extent to which the United States is responding, compared with
  other countries, to the recommendations made in chapter 9 of the 1991
  National Academy of Sciences report;
  (4) the feasibility of reducing the generation of greenhouse gases;
  (5) the feasibility and economic, energy, social, environmental, and
  competitive implications, including implications for jobs, of achieving a
  20 percent reduction from 1988 levels in the generation of carbon dioxide
  by the year 2005 as recommended by the 1988 Toronto Scientific World
  Conference on the Changing Atmosphere;
  (6) the potential economic, energy, social, environmental, and competitive
  implications, including implications for jobs, of implementing the policies
  necessary to enable the United States to comply with any obligations under
  the United Nations Framework Convention on Climate Change or subsequent
  international agreements.
SEC. 1602. LEAST-COST ENERGY STRATEGY.
  (a) STRATEGY- The first National Energy Policy Plan (in this title referred
  to as the `Plan') under section 801 of the Department of Energy Organization
  Act (42 U.S.C. 7321) prepared and required to be submitted by the President
  to Congress after February 1, 1993, and each subsequent such Plan, shall
  include a least-cost energy strategy prepared by the Secretary. In developing
  the least-cost energy strategy, the Secretary shall take into consideration
  the economic, energy, social, environmental, and competitive costs and
  benefits, including costs and benefits for jobs, of his choices. Such
  strategy shall also take into account the report required under section
  1601 and relevant Federal, State, and local requirements. Such strategy
  shall be designed to achieve to the maximum extent practicable and at
  least-cost to the Nation--
  (1) the energy production, utilization, and energy conservation priorities
  of subsection (d);
  (2) the stabilization and eventual reduction in the generation of greenhouse
  gases;
  (3) an increase in the efficiency of the Nation's total energy use by 30
  percent over 1988 levels by the year 2010;
  (4) an increase in the percentage of energy derived from renewable resources
  by 75 percent over 1988 levels by the year 2005; and
  (5) a reduction in the Nation's oil consumption from the 1990 level of
  approximately 40 percent of total energy use to 35 percent by the year 2005.
  (b) ADDITIONAL CONTENTS- The least-cost energy strategy shall also include--
  (1) a comprehensive inventory of available energy and energy efficiency
  resources and their projected costs, taking into account all costs of
  production, transportation, distribution, and utilization of such resources,
  including--
  (A) coal, clean coal technologies, coal seam methane, and underground
  coal gasification;
  (B) energy efficiency, including existing technologies for increased
  efficiency in production, transportation, distribution, and utilization
  of energy, and other technologies that are anticipated to be available
  through further research and development; and
  (C) other energy resources, such as renewable energy, solar energy,
  nuclear fission, fusion, geothermal, biomass, fuel cells, hydropower,
  and natural gas;
  (2) a proposed two-year program for ensuring adequate supplies of the energy
  and energy efficiency resources and technologies described in paragraph
  (1), and an identification of administrative actions that can be undertaken
  within existing Federal authority to ensure their adequate supply;
  (3) estimates of life-cycle costs for existing energy production facilities;
  (4) basecase forecasts of short-term and long-term national energy needs
  under low and high case assumptions of economic growth; and
  (5) an identification of all applicable Federal authorities needed to achieve
  the purposes of this section, and of any inadequacies in those authorities.
  (c) SECRETARIAL CONSIDERATION- In developing the least-cost energy strategy,
  the Secretary shall give full consideration to--
  (1) the relative costs of each energy and energy efficiency resource based
  upon a comparison of all direct and quantifiable net costs for the resource
  over its available life, including the cost of production, transportation,
  distribution, utilization, waste management, environmental compliance, and,
  in the case of imported energy resources, maintaining access to foreign
  sources of supply; and
  (2) the economic, energy, social, environmental, and competitive consequences
  resulting from the establishment of any particular order of Federal priority
  as determined under subsection (d).
  (d) PRIORITIES- The least-cost energy strategy shall identify Federal
  priorities, including policies that--
  (1) implement standards for more efficient use of fossil fuels;
  (2) increase the energy efficiency of existing technologies;
  (3) encourage technologies, including clean coal technologies, that generate
  lower levels of greenhouse gases;
  (4) promote the use of renewable energy resources, including solar,
  geothermal, sustainable biomass, hydropower, and wind power;
  (5) affect the development and consumption of energy and energy efficiency
  resources and electricity through tax policy;
  (6) encourage investment in energy efficient equipment and technologies; and
  (7) encourage the development of energy technologies, such as advanced
  nuclear fission and nuclear fusion, that produce energy without greenhouse
  gases as a byproduct, and encourage the deployment of nuclear electric
  generating capacity.
  (e) ASSUMPTIONS- The Secretary shall include in the least-cost energy
  strategy an identification of all of the assumptions used in developing
  the strategy and priorities thereunder, and the reasons for such assumptions.
  (f) PREFERENCE- When comparing an energy efficiency resource to an energy
  resource, a higher priority shall be assigned to the energy efficiency
  resource whenever all direct and quantifiable net costs for the resource over
  its available life are equal to the estimated cost of the energy resource.
  (g) PUBLIC REVIEW AND COMMENT- The Secretary shall provide for a period of
  public review and comment of the least-cost energy strategy, for a period
  of at least 30 days, to be completed at least 60 days before the issuance
  of such strategy. The Secretary shall also provide for public review and
  comment before the issuance of any update to the least-cost energy strategy
  required under this section.
SEC. 1603. DIRECTOR OF CLIMATE PROTECTION.
  Within 6 months after the date of the enactment of this Act, the Secretary
  shall establish, within the Department of Energy, a Director of Climate
  Protection (in this section referred to as the `Director'). The Director
  shall--
  (1) in the absence of the Secretary, serve as the Secretary's representative
  for interagency and multilateral policy discussions of global climate change,
  including the activities of the Committee on Earth and Environmental Sciences
  as established by the Global Change Research Act of 1990 (Public Law 101-606)
  and the Policy Coordinating Committee Working Group on Climate Change;
  (2) monitor, in cooperation with other Federal agencies, domestic and
  international policies for their effects on the generation of greenhouse
  gases; and
  (3) have the authority to participate in the planning activities of relevant
  Department of Energy programs.
SEC. 1604. ASSESSMENT OF ALTERNATIVE POLICY MECHANISMS FOR ADDRESSING
GREENHOUSE GAS EMISSIONS.
  Not later than 18 months after the date of the enactment of this Act,
  the Secretary shall transmit a report to Congress containing a comparative
  assessment of alternative policy mechanisms for reducing the generation of
  greenhouse gases. Such assessment shall include a short-run and long-run
  analysis of the social, economic, energy, environmental, competitive, and
  agricultural costs and benefits, including costs and benefits for jobs and
  competition, and the practicality of each of the following policy mechanisms:
  (1) Various systems for controlling the generation of greenhouse gases,
  including caps for the generation of greenhouse gases from major sources
  and emissions trading programs.
  (2) Federal standards for energy efficiency for major sources of
  greenhouse gases, including efficiency standards for power plants,
  industrial processes, automobile fuel economy, appliances, and buildings,
  and for emissions of methane.
  (3) Various Federal and voluntary incentives programs.
SEC. 1605. NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE GASES.
  (a) NATIONAL INVENTORY- Not later than one year after the date of the
  enactment of this Act, the Secretary, through the Energy Information
  Administration, shall develop, based on data available to, and obtained by,
  the Energy Information Administration, an inventory of the national aggregate
  emissions of each greenhouse gas for each calendar year of the baseline
  period of 1987 through 1990. The Administrator of the Energy Information
  Administration shall annually update and analyze such inventory using
  available data. This subsection does not provide any new data collection
  authority.
  (b) VOLUNTARY REPORTING-
  (1) ISSUANCE OF GUIDELINES- Not later than 18 months after the date of the
  enactment of this Act, the Secretary shall, after opportunity for public
  comment, issue guidelines for the voluntary collection and reporting of
  information on sources of greenhouse gases. Such guidelines shall establish
  procedures for the accurate voluntary reporting of information on--
  (A) greenhouse gas emissions--
  (i) for the baseline period of 1987 through 1990; and
  (ii) for subsequent calendar years on an annual basis;
  (B) annual reductions of greenhouse gas emissions and carbon fixation
  achieved through any measures, including fuel switching, forest management
  practices, tree planting, use of renewable energy, manufacture or use of
  vehicles with reduced greenhouse gas emissions, appliance efficiency,
  energy efficiency, methane recovery, cogeneration, chlorofluorocarbon
  capture and replacement, and power plant heat rate improvement;
  (C) reductions in greenhouse gas emissions achieved as a result of--
  (i) voluntary reductions;
  (ii) plant or facility closings; and
  (iii) State or Federal requirements; and
  (D) an aggregate calculation of greenhouse gas emissions by each reporting
  entity.
Such guidelines shall also establish procedures for taking into account
the differential radiative activity and atmospheric lifetimes of each
greenhouse gas.
  (2) REPORTING PROCEDURES- The Administrator of the Energy Information
  Administration shall develop forms for voluntary reporting under the
  guidelines established under paragraph (1), and shall make such forms
  available to entities wishing to report such information. Persons reporting
  under this subsection shall certify the accuracy of the information reported.
  (3) CONFIDENTIALITY- Trade secret and commercial or financial information
  that is privileged or confidential shall be protected as provided in
  section 552(b)(4) of title 5, United States Code.
  (4) ESTABLISHMENT OF DATA BASE- Not later than 18 months after the date of
  the enactment of this Act, the Secretary, through the Administrator of the
  Energy Information Administration, shall establish a data base comprised of
  information voluntarily reported under this subsection. Such information
  may be used by the reporting entity to demonstrate achieved reductions of
  greenhouse gases.
  (c) CONSULTATION- In carrying out this section, the Secretary shall
  consult, as appropriate, with the Administrator of the Environmental
  Protection Agency.
SEC. 1606. REPEAL.
  Title III of the Energy Security Act (42 U.S.C. 7361 et seq.) is hereby
  repealed.
SEC. 1607. CONFORMING AMENDMENT.
  The Secretary, through the Trade Promotion Coordinating Council, shall
  develop policies and programs to encourage the export and promotion of
  domestic energy resource technologies, including renewable energy, energy
  efficiency, and clean coal technologies, to developing countries.
SEC. 1608. INNOVATIVE ENVIRONMENTAL TECHNOLOGY TRANSFER PROGRAM.
  (a) ESTABLISHMENT OF PROGRAM- The Secretary, through the Agency for
  International Development, and in consultation with the interagency
  working group established under section 256(d) of the Energy Policy and
  Conservation Act (in this section referred to as the `interagency working
  group', shall establish a technology transfer program to carry out the
  purposes described in subsection (b). Within 150 days after the date of the
  enactment of this Act, the Secretary and the Administrator of the Agency
  for International Development shall enter into a written agreement to carry
  out this section. The agreement shall establish a procedure for resolving
  any disputes between the Secretary and the Administrator regarding the
  implementation of specific projects. With respect to countries not assisted
  by the Agency for International Development, the Secretary may enter into
  agreements with other appropriate Federal agencies. If the Secretary and
  the Administrator, or the Secretary and an agency described in the previous
  sentence, are unable to reach an agreement, each shall send a memorandum
  to the President outlining an appropriate agreement. Within 90 days after
  receipt of either memorandum, the President shall determine which version
  of the agreement shall be in effect. Any agreement entered into under this
  subsection shall be provided to the appropriate committees of the Congress
  and made available to the public.
  (b) PURPOSES OF THE PROGRAM- The purposes of the technology transfer
  program under this section are to--
  (1) reduce the United States balance of trade deficit through the export
  of United States energy technologies and technological expertise;
  (2) retain and create manufacturing and related service jobs in the
  United States;
  (3) encourage the export of United States technologies, including services
  related thereto, to those countries that have a need for developmentally
  sound facilities to provide energy derived from technologies that
  substantially reduce environmental pollutants, including greenhouse gases;
  (4) develop markets for United States technologies, including services
  related thereto, that substantially reduce environmental pollutants,
  including greenhouse gases, that meet the energy and environmental
  requirements of foreign countries;
  (5) better ensure that United States participation in energy-related
  projects in foreign countries includes participation by United States
  firms as well as utilization of United States technologies;
  (6) ensure the introduction of United States firms and expertise in
  foreign countries;
  (7) provide financial assistance by the Federal Government to foster greater
  participation by United States firms in the financing, ownership, design,
  construction, or operation of technologies or services that substantially
  reduce environmental pollutants, including greenhouse gases; and
  (8) assist United States firms, especially firms that are in competition
  with firms in foreign countries, to obtain opportunities to transfer
  technologies to, or undertake projects in, foreign countries.
  (c) IDENTIFICATION- Pursuant to the agreements required by subsection (a),
  the Secretary, through the Agency for International Development, and after
  consultation with the interagency working group, United States firms,
  and representatives from foreign countries, shall develop mechanisms to
  identify potential energy projects in host countries that substantially
  reduce environmental pollutants, including greenhouse gases, and shall
  identify a list of such projects within 240 days after the date of the
  enactment of this Act, and periodically thereafter.
  (d) FINANCIAL MECHANISMS- (1) Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development, shall--
  (A) establish appropriate financial mechanisms to increase the participation
  of United States firms in energy projects, and services related thereto,
  that substantially reduce environmental pollutants, including greenhouse
  gases in foreign countries;
  (B) utilize available financial assistance authorized by this section to
  counterbalance assistance provided by foreign governments to non-United
  States firms; and
  (C) provide financial assistance to support projects.
  (2) The financial assistance authorized by this section may be--
  (A) provided in combination with other forms of financial assistance,
  including non-Federal funding that may be available for the project; and
  (B) utilized in conjunction with financial assistance programs available
  through other Federal agencies.
  (3) United States obligations under the Arrangement on Guidelines for
  Officially Supported Export Credits established through the Organization
  for Economic Cooperation and Development shall be applicable to this section.
  (e) SOLICITATIONS FOR PROJECT PROPOSALS- (1) Pursuant to the agreements
  under subsection (a), the Secretary, through the Agency for International
  Development, within one year after the date of the enactment of this Act,
  and subsequently as appropriate thereafter, shall solicit proposals from
  United States firms for the design, construction, testing, and operation
  of the project or projects identified under subsection (c) which propose
  to utilize a United States technology or service. Each solicitation under
  this section shall establish a closing date for receipt of proposals.
  (2) The solicitation under this subsection shall, to the extent appropriate,
  be modeled after the RFP No. DE-PS01-90FE62271 Clean Coal Technology IV,
  as administered by the Department of Energy.
  (3) Any solicitation made under this subsection shall include the following
  requirements:
  (A) The United States firm that submits a proposal in response to the
  solicitation shall have an equity interest in the proposed project.
  (B) The project shall utilize a United States technology, including
  services related thereto, that substantially reduce environmental
  pollutants, including greenhouse gases, in meeting the applicable energy
  and environmental requirements of the host country.
  (C) Proposals for projects shall be submitted by and undertaken with a
  United States firm, although a joint venture or other teaming arrangement
  with a non-United States manufacturer or other non-United States entity
  is permissible.
  (f) ASSISTANCE TO UNITED STATES FIRMS- Pursuant to the agreements under
  subsection (a), the Secretary, through the Agency for International
  Development, and in consultation with the interagency working group,
  shall establish a procedure to provide financial assistance to United
  States firms under this section for a project identified under subsection
  (c) where solicitations for the project are being conducted by the host
  country or by a multilateral lending institution.
  (g) OTHER PROGRAM REQUIREMENTS- Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development,
  and in consultation with the interagency working group, shall--
  (1) establish eligibility criteria for countries that will host projects;
  (2) periodically review the energy needs of such countries and export
  opportunities for United States firms for the development of projects in
  such countries;
  (3) consult with government officials in host countries and, as appropriate,
  with representatives of utilities or other entities in host countries,
  to determine interest in and support for potential projects; and
  (4) determine whether each project selected under this section is
  developmentally sound, as determined under the criteria developed by
  the Development Assistance Committee of the Organization for Economic
  Cooperation and Development.
  (h) ELIGIBLE TECHNOLOGIES- Not later than 6 months after the date of
  the enactment of this Act, the Secretary shall prepare a list of eligible
  technologies and services under this section. In preparing such a list, the
  Secretary shall consider fuel cell powerplants, aeroderivitive gas turbines
  and catalytic combustion technologies for aeroderivitive gas turbines,
  ocean thermal energy conversion technology, anaerobic digester and storage
  tanks, and other renewable energy and energy efficiency technologies.
  (i) SELECTION OF PROJECTS- (1) Pursuant to the agreements under subsection
  (a), the Secretary, through the Agency for International Development,
  shall, not later than 120 days after receipt of proposals in response to
  a solicitation under subsection (e), select one or more proposals under
  this section.
  (2) In selecting a proposal under this section, the Secretary, through
  the Agency for International Development, shall consider--
  (A) the ability of the United States firm, in cooperation with the host
  country, to undertake and complete the project;
  (B) the degree to which the equipment to be included in the project is
  designed and manufactured in the United States;
  (C) the long-term technical and competitive viability of the United States
  technology, and services related thereto, and the ability of the United
  States firm to compete in the development of additional energy projects
  using such technology in the host country and in other foreign countries;
  (D) the extent of technical and financial involvement of the host country
  in the project;
  (E) the extent to which the proposed project meets the purposes of this
  section;
  (F) the extent of technical, financial, management, and marketing
  capabilities of the participants in the project, and the commitment of
  the participants to completion of a successful project in a manner that
  will facilitate acceptance of the United States technology or service for
  future application; and
  (G) such other criteria as may be appropriate.
  (3) In selecting among proposed projects, the Secretary shall seek to
  ensure that, relative to otherwise comparable projects in the host country,
  a selected project will meet the following criteria:
  (A) It will reduce environmental emissions, including greenhouse gases,
  to an extent greater than required by applicable provisions of law.
  (B) It will be a more cost-effective technological alternative, based on
  life cycle capital and operating costs per unit of energy produced and,
  where applicable, costs per unit of product produced.
  (C) It will increase the overall efficiency of energy use.
Priority in selection shall be given to those projects which, in the judgment
of the Secretary, best meet these criteria.
  (j) UNITED STATES-ASIA ENVIRONMENTAL PARTNERSHIP- Activities carried
  out under this section shall be coordinated with the United States-Asia
  Environmental Partnership.
  (k) BUY AMERICA- In carrying out this section, the Secretary, through the
  Agency for International Development, and pursuant to the agreements under
  subsection (a), shall ensure--
  (1) the maximum percentage, but in no case less than 50 percent, of the
  cost of any equipment furnished in connection with a project authorized
  under this section shall be attributable to the manufactured United States
  components of such equipment; and
  (2) the maximum participation of United States firms.
In determining whether the cost of United States components equals or exceeds
50 percent, the cost of assembly of such United States components in the
host country shall not be considered a part of the cost of such United
States component.
  (l) REPORT TO CONGRESS- The Secretary and the Administrator of the Agency for
  International Development shall report annually to the Committee on Energy
  and Natural Resources of the Senate and the appropriate committees of the
  House of Representatives on the progress being made to introduce innovative
  energy technologies, and services related thereto, that substantially reduce
  environmental pollutants, including greenhouse gases, into foreign countries.
  (m) DEFINITIONS- For purposes of this section--
  (1) the term `host country' means a foreign country which is--
  (A) the participant in or the site of the proposed innovative energy
  technology project; and
  (B) either--
  (i) classified as a country eligible to participate in development assistance
  programs of the Agency for International Development pursuant to applicable
  law or regulation; or
  (ii) a developing country; and
  (2) the term `developing country' includes, but is not limited to, countries
  in Central and Eastern Europe or in the independent states of the former
  Soviet Union.
  (n) AUTHORIZATION FOR PROGRAM- There are authorized to be appropriated to
  the Secretary to carry out the program required by this section, $100,000,000
  for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
SEC. 1609. GLOBAL CLIMATE CHANGE RESPONSE FUND.
  (a) ESTABLISHMENT OF THE FUND- The Secretary of the Treasury, in consultation
  with the Secretary of State, shall establish a Global Climate Change
  Response Fund to act as a mechanism for United States contributions to
  assist global efforts in mitigating and adapting to global climate change.
  (b) RESTRICTIONS ON DEPOSITS- No deposits shall be made to the Global
  Climate Change Response Fund until the United States has ratified the
  United Nations Framework Convention on Climate Change.
  (c) USE OF THE FUND- Moneys deposited into the Fund shall be used by the
  President, to the extent authorized and appropriated under section 302 of
  the Foreign Assistance Act of 1961, solely for contributions to a financial
  mechanism negotiated pursuant to the United Nations Framework Convention
  on Climate Change, including all protocols or agreements related thereto.
  (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  for deposit in the Fund to carry out the purposes of this section,
  $50,000,000 for fiscal year 1994 and such sums as may be necessary for
  fiscal years 1995 and 1996.
TITLE XVII--ADDITIONAL FEDERAL POWER ACT PROVISIONS
SEC. 1701. ADDITIONAL FEDERAL POWER ACT PROVISIONS.
  (a) ANNUAL CHARGES FOR COSTS- (1) Section 10(e)(1) of the Federal Power
  Act is amended by striking the semicolon after `Part' and inserting the
  following: `, including any reasonable and necessary costs incurred by
  Federal and State fish and wildlife agencies and other natural and cultural
  resource agencies in connection with studies or other reviews carried
  out by such agencies for purposes of administering their responsibilities
  under this part;'.
  (2) Section 10(e)(1) of such Act is further amended by inserting after `as
  conditions may require:' the following proviso: `Provided, That, subject to
  annual appropriations Acts, the portion of such annual charges imposed by
  the Commission under this subsection to cover the reasonable and necessary
  costs of such agencies shall be available to such agencies (in addition
  to other funds appropriated for such purposes) solely for carrying out
  such studies and reviews and shall remain available until expended:'.
  (b) CLARIFICATION OF AUTHORITY REGARDING FISHWAYS- The definition of the
  term `fishway' contained in 18 C.F.R. 4.30(b)(9)(iii), as in effect on
  the date of enactment of this Act, is vacated without prejudice to any
  definition or interpretation by rule of the term `fishway' by the Federal
  Energy Regulatory Commission for purposes of implementing section 18 of
  the Federal Power Act: Provided, That any future definition promulgated by
  regulatory rulemaking shall have no force or effect unless concurred in
  by the Secretary of the Interior and the Secretary of Commerce: Provided
  further, That the items which may constitute a `fishway' under section 18
  for the safe and timely upstream and downstream passage of fish shall be
  limited to physical structures, facilities, or devices necessary to maintain
  all life stages of such fish, and project operations and measures related
  to such structures, facilities, or devices which are necessary to ensure
  the effectiveness of such structures, facilities, or devices for such fish.
  (c) EXTENSION OF DEADLINES- (1) Notwithstanding the time limitations
  of section 13 of the Federal Power Act, the Federal Energy Regulatory
  Commission, upon the request of the licensee for FERC Project No. 4031 (and
  after reasonable notice), is authorized, in accordance with the good faith,
  due diligence, and public interest requirements of such section 13 and the
  Commission's procedures under such section, to extend the time required
  for commencement of construction of such project for up to a maximum of 3
  consecutive 2-year periods. This section shall take effect for such project
  upon the expiration of the extension (issued by the Commission under such
  section 13) of the period required for commencement of construction of
  such project.
  (2) Notwithstanding the time limitations of section 13 of the Federal
  Power Act, the Federal Energy Regulatory Commission, upon the request of
  the licensee for FERC Project No. 6221 (and after reasonable notice), is
  authorized, in accordance with the good faith, due diligence, and public
  interest requirements of such section 13 and the Commission's procedures
  under such section, to extend the time required for commencement of
  construction of such project until July 29, 1995.
  (3) Notwithstanding the time limitations of section 13 of the Federal Power
  Act, the Federal Energy Regulatory Commission, upon the request of the
  licensee for FERC project numbered 6641 (and after reasonable notice) is
  authorized, in accordance with the good faith, due diligence, and public
  interest requirements of section 13 and the Commission's procedures
  under such section, to extend until June 29, 1996, the time required
  for the licensee to acquire the required real property and commence the
  construction of project numbered 6641, and until June 29, 2000, the time
  required for completion of construction of such project.
  (4) Notwithstanding the time limitations of section 13 of the Federal
  Power Act, the Federal Energy Regulatory Commission, upon the request of
  the licensee of FERC project numbered 4656 (and after reasonable notice)
  is authorized, in accordance with the good faith, due diligence, and public
  interest requirements of section 13 and the Commission's procedures under
  such section, to extend until March 26, 1999, the time required for the
  licensee to acquire the required real property and commence the construction
  of project numbered 4656.
  (5) The authorization for issuing extensions under paragraphs (1) through
  (4) shall terminate 3 years after the date of enactment of this section. To
  facilitate requests under such subsections, the Commission may consolidate
  the requests. The Commission shall provide at the beginning of each Congress
  a report on the status of all extensions granted by Congress regarding the
  requirements of section 13 of the Federal Power Act, including information
  about any delays by the Commission on the licensee and the reasons for
  such delays.
  (d) EMINENT DOMAIN- Section 21 of the Federal Power Act is amended by
  striking the period at the end thereof and adding the following: `Provided
  further, That no licensee may use the right of eminent domain under this
  section to acquire any lands or other property that, prior to the date
  of enactment of the Energy Policy Act of 1992, were owned by a State or
  political subdivision thereof and were part of or included within any public
  park, recreation area or wildlife refuge established under State or local
  law. In the case of lands or other property that are owned by a State or
  political subdivision and are part of or included within a public park,
  recreation area or wildlife refuge established under State or local law on
  or after the date of enactment of such Act, no licensee may use the right
  of eminent domain under this section to acquire such lands or property
  unless there has been a public hearing held in the affected community and
  a finding by the Commission, after due consideration of expressed public
  views and the recommendations of the State or political subdivision that
  owns the lands or property, that the license will not interfere or be
  inconsistent with the purposes for which such lands or property are owned.'.
TITLE XVIII--OIL PIPELINE REGULATORY REFORM
SEC. 1801. OIL PIPELINE RATEMAKING METHODOLOGY.
  (a) ESTABLISHMENT- Not later than 1 year after the date of the enactment
  of this Act, the Federal Energy Regulatory Commission shall issue a final
  rule which establishes a simplified and generally applicable ratemaking
  methodology for oil pipelines in accordance with section 1(5) of part I
  of the Interstate Commerce Act.
  (b) EFFECTIVE DATE- The final rule to be issued under subsection (a) may
  not take effect before the 365th day following the date of the issuance
  of the rule.
SEC. 1802. STREAMLINING OF COMMISSION PROCEDURES.
  (a) RULEMAKING- Not later than 18 months after the date of the enactment of
  this Act, the Commission shall issue a final rule to streamline procedures of
  the Commission relating to oil pipeline rates in order to avoid unnecessary
  regulatory costs and delays.
  (b) SCOPE OF RULEMAKING- Issues to be considered in the rulemaking proceeding
  to be conducted under subsection (a) shall include the following:
  (1) Identification of information to be filed with an oil pipeline tariff
  and the availability to the public of any analysis of such tariff filing
  performed by the Commission or its staff.
  (2) Qualification for standing (including definitions of economic interest)
  of parties who protest oil pipeline tariff filings or file complaints
  thereto.
  (3) The level of specificity required for a protest or complaint and
  guidelines for Commission action on the portion of the tariff or rate
  filing subject to protest or complaint.
  (4) An opportunity for the oil pipeline to file a response for the record
  to an initial protest or complaint.
  (5) Identification of specific circumstances under which Commission staff
  may initiate a protest.
  (c) ADDITIONAL PROCEDURAL CHANGES- In conducting the rulemaking proceeding
  to carry out subsection (a), the Commission shall identify and transmit to
  Congress any other procedural changes relating to oil pipeline rates which
  the Commission determines are necessary to avoid unnecessary regulatory costs
  and delays and for which additional legislative authority may be necessary.
  (d) WITHDRAWAL OF TARIFFS AND COMPLAINTS-
  (1) WITHDRAWAL OF TARIFFS- If an oil pipeline tariff which is filed under
  part I of the Interstate Commerce Act and which is subject to investigation
  is withdrawn--
  (A) any proceeding with respect to such tariff shall be terminated;
  (B) the previous tariff rate shall be reinstated; and
  (C) any amounts collected under the withdrawn tariff rate which are in
  excess of the previous tariff rate shall be refunded.
  (2) WITHDRAWAL OF COMPLAINTS- If a complaint which is filed under section
  13 of the Interstate Commerce Act with respect to an oil pipeline tariff is
  withdrawn, any proceeding with respect to such complaint shall be terminated.
  (e) ALTERNATIVE DISPUTE RESOLUTION- To the maximum extent practicable,
  the Commission shall establish appropriate alternative dispute resolution
  procedures, including required negotiations and voluntary arbitration, early
  in an oil pipeline rate proceeding as a method preferable to adjudication
  in resolving disputes relating to the rate. Any proposed rates derived from
  implementation of such procedures shall be considered by the Commission
  on an expedited basis for approval.
SEC. 1803. PROTECTION OF CERTAIN EXISTING RATES.
  (a) RATES DEEMED JUST AND REASONABLE- Except as provided in subsection (b)--
  (1) any rate in effect for the 365-day period ending on the date of the
  enactment of this Act shall be deemed to be just and reasonable (within
  the meaning of section 1(5) of the Interstate Commerce Act); and
  (2) any rate in effect on the 365th day preceding the date of such enactment
  shall be deemed to be just and reasonable (within the meaning of such
  section 1(5)) regardless of whether or not, with respect to such rate,
  a new rate has been filed with the Commission during such 365-day period;
if the rate in effect, as described in paragraph (1) or (2), has not been
subject to protest, investigation, or complaint during such 365-day period.
  (b) CHANGED CIRCUMSTANCES- No person may file a complaint under section
  13 of the Interstate Commerce Act against a rate deemed to be just and
  reasonable under subsection (a) unless--
  (1) evidence is presented to the Commission which establishes that a
  substantial change has occurred after the date of the enactment of this Act--
  (A) in the economic circumstances of the oil pipeline which were a basis
  for the rate; or
  (B) in the nature of the services provided which were a basis for the
  rate; or
  (2) the person filing the complaint was under a contractual prohibition
  against the filing of a complaint which was in effect on the date of
  enactment of this Act and had been in effect prior to January 1, 1991,
  provided that a complaint by a party bound by such prohibition is brought
  within 30 days after the expiration of such prohibition.
If the Commission determines pursuant to a proceeding instituted as a result
of a complaint under section 13 of the Interstate Commerce Act that the rate
is not just and reasonable, the rate shall not be deemed to be just and
reasonable. Any tariff reduction or refunds that may result as an outcome
of such a complaint shall be prospective from the date of the filing of
the complaint.
  (c) LIMITATION REGARDING UNDULY DISCRIMINATORY OR PREFERENTIAL TARIFFS-
  Nothing in this section shall prohibit any aggrieved person from filing
  a complaint under section 13 or section 15(l) of the Interstate Commerce
  Act challenging any tariff provision as unduly discriminatory or unduly
  preferential.
SEC. 1804. DEFINITIONS.
  For the purposes of this title, the following definitions apply:
  (1) COMMISSION- The term `Commission' means the Federal Energy Regulatory
  Commission and, unless the context requires otherwise, includes the Oil
  Pipeline Board and any other office or component of the Commission to which
  the functions and authority vested in the Commission under section 402(b) of
  the Department of Energy Organization Act (42 U.S.C. 7172(b)) are delegated.
  (2) OIL PIPELINE-
  (A) IN GENERAL- Except as provided in subparagraph (B), the term `oil
  pipeline' means any common carrier (within the meaning of the Interstate
  Commerce Act) which transports oil by pipeline subject to the functions and
  authority vested in the Commission under section 402(b) of the Department
  of Energy Organization Act (42 U.S.C. 7172(b)).
  (B) EXCEPTION- The term `oil pipeline' does not include the Trans-Alaska
  Pipeline authorized by the Trans-Alaska Pipeline Authorization Act (43
  U.S.C. 1651 et seq.) or any pipeline delivering oil directly or indirectly
  to the Trans-Alaska Pipeline.
  (3) OIL- The term `oil' has the same meaning as is given such term
  for purposes of the transfer of functions from the Interstate Commerce
  Commission to the Federal Energy Regulatory Commission under section 402(b)
  of the Department of Energy Organization Act (42 U.S.C. 7172(b)).
  (4) RATE- The term `rate' means all charges that an oil pipeline requires
  shippers to pay for transportation services.
TITLE XIX--REVENUE PROVISIONS
SEC. 1901. AMENDMENT OF 1986 CODE.
  Except as otherwise expressly provided, whenever in this title 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 Internal Revenue Code of 1986.
Subtitle A--Energy Conservation and Production Incentives
SEC. 1911. TREATMENT OF EMPLOYER-PROVIDED TRANSPORTATION BENEFITS.
  (a) EXCLUSION- Subsection (a) of section 132 (relating to exclusion of
  certain fringe benefits) is amended by striking `or' at the end of paragraph
  (3), by striking the period at the end of paragraph (4) and inserting `,
  or', and by adding at the end thereof the following new paragraph:
  `(5) qualified transportation fringe.'
  (b) QUALIFIED TRANSPORTATION FRINGE- Section 132 is amended by redesignating
  subsections (f), (g), (h), (i), (j), and (k) as subsections (g), (h),
  (i), (j), (k), and (l), respectively, and by inserting after subsection
  (e) the following new subsection:
  `(f) QUALIFIED TRANSPORTATION FRINGE-
  `(1) IN GENERAL- For purposes of this section, the term `qualified
  transportation fringe' means any of the following provided by an employer
  to an employee:
  `(A) Transportation in a commuter highway vehicle if such transportation
  is in connection with travel between the employee's residence and place
  of employment.
  `(B) Any transit pass.
  `(C) Qualified parking.
  `(2) LIMITATION ON EXCLUSION- The amount of the fringe benefits which are
  provided by an employer to any employee and which may be excluded from
  gross income under subsection (a)(5) shall not exceed--
  `(A) $60 per month in the case of the aggregate of the benefits described
  in subparagraphs (A) and (B) of paragraph (1), and
  `(B) $155 per month in the case of qualified parking.
  `(3) CASH REIMBURSEMENTS- For purposes of this subsection, the term
  `qualified transportation fringe' includes a cash reimbursement by an
  employer to an employee for a benefit described in paragraph (1). The
  preceding sentence shall apply to a cash reimbursement for any transit
  pass only if a voucher or similar item which may be exchanged only for
  a transit pass is not readily available for direct distribution by the
  employer to the employee.
  `(4) BENEFIT NOT IN LIEU OF COMPENSATION- Subsection (a)(5) shall not apply
  to any qualified transportation fringe unless such benefit is provided
  in addition to (and not in lieu of) any compensation otherwise payable to
  the employee.
  `(5) DEFINITIONS- For purposes of this subsection--
  `(A) TRANSIT PASS- The term `transit pass' means any pass, token,
  farecard, voucher, or similar item entitling a person to transportation
  (or transportation at a reduced price) if such transportation is--
  `(i) on mass transit facilities (whether or not publicly owned), or
  `(ii) provided by any person in the business of transporting persons
  for compensation or hire if such transportation is provided in a vehicle
  meeting the requirements of subparagraph (B)(i).
  `(B) COMMUTER HIGHWAY VEHICLE- The term `commuter highway vehicle' means
  any highway vehicle--
  `(i) the seating capacity of which is at least 6 adults (not including
  the driver), and
  `(ii) at least 80 percent of the mileage use of which can reasonably be
  expected to be--
  `(I) for purposes of transporting employees in connection with travel
  between their residences and their place of employment, and
  `(II) on trips during which the number of employees transported for such
  purposes is at least  1/2  of the adult seating capacity of such vehicle
  (not including the driver).
  `(C) QUALIFIED PARKING- The term `qualified parking' means parking provided
  to an employee on or near the business premises of the employer or on or
  near a location from which the employee commutes to work by transportation
  described in subparagraph (A), in a commuter highway vehicle, or by
  carpool. Such term shall not include any parking on or near property used
  by the employee for residential purposes.
  `(D) TRANSPORTATION PROVIDED BY EMPLOYER- Transportation referred to in
  paragraph (1)(A) shall be considered to be provided by an employer if such
  transportation is furnished in a commuter highway vehicle operated by or
  for the employer.
  `(E) EMPLOYEE- For purposes of this subsection, the term `employee'
  does not include an individual who is an employee within the meaning of
  section 401(c)(1).
  `(6) INFLATION ADJUSTMENT- In the case of any taxable year beginning in
  a calendar year after 1993, the dollar amounts contained in paragraph (2)
  (A) and (B) shall be increased by an amount equal to--
  `(A) such dollar amount, multiplied by
  `(B) the cost-of-living adjustment determined under section 1(f)(3) for the
  calendar year in which the taxable year begins, determined by substituting
  `calendar year 1992' for `calendar year 1989' in subparagraph (B) thereof.
If any increase determined under the preceding sentence is not a multiple
of $5, such increase shall be rounded to the next lowest multiple of $5.
  `(7) COORDINATION WITH OTHER PROVISIONS- For purposes of this section,
  the terms `working condition fringe' and `de minimis fringe' shall not
  include any qualified transportation fringe (determined without regard to
  paragraph (2)).'
  (c) CONFORMING AMENDMENT- Subsection (i) of section 132 (as redesignated
  by subsection (b)) is amended by striking paragraph (4) and redesignating
  the following paragraphs accordingly.
  (d) EFFECTIVE DATE- The amendments made by this section shall apply to
  benefits provided after December 31, 1992.
SEC. 1912. EXCLUSION OF ENERGY CONSERVATION SUBSIDIES PROVIDED BY  PUBLIC
UTILITIES.
  (a) GENERAL RULE- Part III of subchapter B of chapter 1 (relating to
  amounts specifically excluded from gross income) is amended by redesignating
  section 136 as section 137 and by inserting after section 135 the following
  new section:
`SEC. 136. ENERGY CONSERVATION SUBSIDIES PROVIDED BY PUBLIC UTILITIES.
  `(a) EXCLUSION-
  `(1) IN GENERAL- Gross income shall not include the value of any subsidy
  provided (directly or indirectly) by a public utility to a customer for
  the purchase or installation of any energy conservation measure.
  `(2) LIMITATION ON EXCLUSION FOR NONRESIDENTIAL PROPERTY-
  `(A) IN GENERAL- In the case of any subsidy provided with respect to any
  energy conservation measure referred to in subsection (c)(1)(B), only the
  applicable percentage of such subsidy shall be excluded from gross income
  under paragraph (1).
  `(B) APPLICABLE PERCENTAGE- For purposes of subparagraph (A), the term
  `applicable percentage' means--
  `(i) 40 percent in the case of subsidies provided during 1995,
  `(ii) 50 percent in the case of subsidies provided during 1996, and
  `(iii) 65 percent in the case of subsidies provided after 1996.
  `(b) DENIAL OF DOUBLE BENEFIT- Notwithstanding any other provision of this
  subtitle, no deduction or credit shall be allowed for, or by reason of,
  any expenditure to the extent of the amount excluded under subsection (a)
  for any subsidy which was provided with respect to such expenditure. The
  adjusted basis of any property shall be reduced by the amount excluded
  under subsection (a) which was provided with respect to such property.
  `(c) ENERGY CONSERVATION MEASURE-
  `(1) IN GENERAL- For purposes of this section, the term `energy conservation
  measure' means any installation or modification primarily designed to reduce
  consumption of electricity or natural gas or to improve the management of
  energy demand--
  `(A) with respect to a dwelling unit, and
  `(B) on or after January 1, 1995, with respect to property other than
  dwelling units.
The purchase and installation of specially defined energy property shall be
treated as an energy conservation measure described in subparagraph (B).
  `(2) OTHER DEFINITIONS AND SPECIAL RULES- For purposes of this subsection--
  `(A) SPECIALLY DEFINED ENERGY PROPERTY- The term `specially defined energy
  property' means--
  `(i) a recuperator,
  `(ii) a heat wheel,
  `(iii) a regenerator,
  `(iv) a heat exchanger,
  `(v) a waste heat boiler,
  `(vi) a heat pipe,
  `(vii) an automatic energy control system,
  `(viii) a turbulator,
  `(ix) a preheater,
  `(x) a combustible gas recovery system,
  `(xi) an economizer,
  `(xii) modifications to alumina electrolytic cells,
  `(xiii) modifications to chlor-alkali electrolytic cells, or
  `(xiv) any other property of a kind specified by the Secretary by
  regulations,
the principal purpose of which is reducing the amount of energy consumed
in any existing industrial or commercial process and which is installed in
connection with an existing industrial or commercial facility.
  `(B) DWELLING UNIT- The term `dwelling unit' has the meaning given such
  term by section 280A(f)(1).
  `(C) PUBLIC UTILITY- The term `public utility' means a person engaged
  in the sale of electricity or natural gas to residential, commercial,
  or industrial customers for use by such customers. For purposes of the
  preceding sentence, the term `person' includes the Federal Government,
  a State or local government or any political subdivision thereof, or any
  instrumentality of any of the foregoing.
  `(d) EXCEPTION- This section shall not apply to any payment to or from a
  qualified cogeneration facility or qualifying small power production facility
  pursuant to section 210 of the Public Utility Regulatory Policy Act of 1978.'
  (b) CLERICAL AMENDMENT- The table of sections for part III of subchapter
  B of chapter 1 is amended by striking the item relating to section 136
  and inserting:
`Sec. 136. Energy conservation subsidies provided by public utilities.
`Sec. 137. Cross reference to other Acts.'
  (c) EFFECTIVE DATE- The amendments made by this section shall apply to
  amounts received after December 31, 1992.
SEC. 1913. TREATMENT OF CLEAN-FUEL VEHICLES.
  (a) DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING PROPERTY-
  (1) IN GENERAL- Part VI of subchapter B of chapter 1 (relating to itemized
  deductions for individuals and corporations) is amended by adding after
  section 179 the following new section:
`SEC. 179A. DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING PROPERTY.
  `(a) ALLOWANCE OF DEDUCTION-
  `(1) IN GENERAL- There shall be allowed as a deduction an amount equal to
  the cost of--
  `(A) any qualified clean-fuel vehicle property, and
  `(B) any qualified clean-fuel vehicle refueling property.
The deduction under the preceding sentence with respect to any property shall
be allowed for the taxable year in which such property is placed in service.
  `(2) INCREMENTAL COST FOR CERTAIN VEHICLES- If a vehicle may be propelled
  by both a clean-burning fuel and any other fuel, only the incremental cost
  of permitting the use of the clean-burning fuel shall be taken into account.
  `(b) LIMITATIONS-
  `(1) QUALIFIED CLEAN-FUEL VEHICLE PROPERTY-
  `(A) IN GENERAL- The cost which may be taken into account under subsection
  (a)(1)(A) with respect to any motor vehicle shall not exceed--
  `(i) in the case of a motor vehicle not described in clause (ii) or
  (iii), $2,000,
  `(ii) in the case of any truck or van with a gross vehicle weight rating
  greater than 10,000 pounds but not greater than 26,000 pounds, $5,000, or
  `(iii) $50,000 in the case of--
  `(I) a truck or van with a gross vehicle weight rating greater than 26,000
  pounds, or
  `(II) any bus which has a seating capacity of at least 20 adults (not
  including the driver).
  `(B) PHASEOUT- In the case of any qualified clean-fuel vehicle property
  placed in service after December 31, 2001, the limit otherwise applicable
  under subparagraph (A) shall be reduced by--
  `(i) 25 percent in the case of property placed in service in calendar
  year 2002,
  `(ii) 50 percent in the case of property placed in service in calendar
  year 2003, and
  `(iii) 75 percent in the case of property placed in service in calendar
  year 2004.
  `(2) QUALIFIED CLEAN-FUEL VEHICLE REFUELING PROPERTY-
  `(A) IN GENERAL- The aggregate cost which may be taken into account under
  subsection (a)(1)(B) with respect to qualified clean-fuel vehicle refueling
  property placed in service during the taxable year at a location shall
  not exceed the excess (if any) of--
  `(i) $100,000, over
  `(ii) the aggregate amount taken into account under subsection (a)(1)(B)
  by the taxpayer (or any related person or predecessor) with respect to
  property placed in service at such location for all preceding taxable years.
  `(B) RELATED PERSON- For purposes of this paragraph, a person shall be
  treated as related to another person if such person bears a relationship
  to such other person described in section 267(b) or 707(b)(1).
  `(C) ELECTION- If the limitation under subparagraph (A) applies for any
  taxable year, the taxpayer shall, on the return of tax for such taxable year,
  specify the items of property (and the portion of costs of such property)
  which are to be taken into account under subsection (a)(1)(B).
  `(c) QUALIFIED CLEAN-FUEL VEHICLE PROPERTY DEFINED- For purposes of this
  section--
  `(1) IN GENERAL- The term `qualified clean-fuel vehicle property' means
  property which is acquired for use by the taxpayer and not for resale,
  the original use of which commences with the taxpayer, with respect to
  which the environmental standards of paragraph (2) are met, and which is
  described in either of the following subparagraphs:
  `(A) RETROFIT PARTS AND COMPONENTS- Any property installed on a motor
  vehicle which is propelled by a fuel which is not a clean-burning fuel for
  purposes of permitting such vehicle to be propelled by a clean-burning fuel--
  `(i) if the property is an engine (or modification thereof) which may use
  a clean-burning fuel, or
  `(ii) to the extent the property is used in the storage or delivery to the
  engine of such fuel, or the exhaust of gases from combustion of such fuel.
  `(B) ORIGINAL EQUIPMENT MANUFACTURER'S VEHICLES- A motor vehicle produced
  by an original equipment manufacturer and designed so that the vehicle
  may be propelled by a clean-burning fuel, but only to the extent of the
  portion of the basis of such vehicle which is attributable to an engine
  which may use such fuel, to the storage or delivery to the engine of such
  fuel, or to the exhaust of gases from combustion of such fuel.
  `(2) ENVIRONMENTAL STANDARDS- Property shall not be treated as qualified
  clean-fuel vehicle property unless--
  `(A) the motor vehicle of which it is a part meets any applicable Federal or
  State emissions standards with respect to each fuel by which such vehicle
  is designed to be propelled, or
  `(B) in the case of property described in paragraph (1)(A), such property
  meets applicable Federal and State emissions-related certification, testing,
  and warranty requirements.
  `(3) EXCEPTION FOR QUALIFIED ELECTRIC VEHICLES- The term `qualified
  clean-fuel vehicle property' does not include any qualified electric vehicle
  (as defined in section 30(c)).
  `(d) QUALIFIED CLEAN-FUEL VEHICLE REFUELING PROPERTY DEFINED- For purposes
  of this section, the term `qualified clean-fuel vehicle refueling property'
  means any property (not including a building and its structural components)
  if--
  `(1) such property is of a character subject to the allowance for
  depreciation,
  `(2) the original use of such property begins with the taxpayer, and
  `(3) such property is--
  `(A) for the storage or dispensing of a clean-burning fuel into the fuel
  tank of a motor vehicle propelled by such fuel, but only if the storage
  or dispensing of the fuel is at the point where such fuel is delivered
  into the fuel tank of the motor vehicle, or
  `(B) for the recharging of motor vehicles propelled by electricity, but
  only if the property is located at the point where the motor vehicles
  are recharged.
  `(e) OTHER DEFINITIONS AND SPECIAL RULES- For purposes of this section--
  `(1) CLEAN-BURNING FUEL- The term `clean-burning fuel' means--
  `(A) natural gas,
  `(B) liquefied natural gas,
  `(C) liquefied petroleum gas,
  `(D) hydrogen,
  `(E) electricity, and
  `(F) any other fuel at least 85 percent of which is 1 or more of the
  following: methanol, ethanol, any other alcohol, or ether.
  `(2) MOTOR VEHICLE- The term `motor vehicle' means any vehicle which is
  manufactured primarily for use on public streets, roads, and highways
  (not including a vehicle operated exclusively on a rail or rails) and
  which has at least 4 wheels.
  `(3) COST OF RETROFIT PARTS INCLUDES COST OF INSTALLATION- The cost of any
  qualified clean-fuel vehicle property referred to in subsection (c)(1)(A)
  shall include the cost of the original installation of such property.
  `(4) RECAPTURE- The Secretary shall, by regulations, provide for recapturing
  the benefit of any deduction allowable under subsection (a) with respect
  to any property which ceases to be property eligible for such deduction.
  `(5) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No deduction
  shall be allowed under subsection (a) with respect to any property referred
  to in section 50(b) or with respect to the portion of the cost of any
  property taken into account under section 179.
  `(6) BASIS REDUCTION-
  `(A) IN GENERAL- For purposes of this title, the basis of any property
  shall be reduced by the portion of the cost of such property taken into
  account under subsection (a).
  `(B) ORDINARY INCOME RECAPTURE- For purposes of section 1245, the amount of
  the deduction allowable under subsection (a) with respect to any property
  which is of a character subject to the allowance for depreciation shall
  be treated as a deduction allowed for depreciation under section 167.
  `(g) TERMINATION- This section shall not apply to any property placed in
  service after December 31, 2004.'
  (2) DEDUCTION FROM GROSS INCOME- Section 62(a) is amended by inserting
  after paragraph (13) the following new paragraph:
  `(14) DEDUCTION FOR CLEAN-FUEL VEHICLES AND CERTAIN REFUELING PROPERTY-
  The deduction allowed by section 179A.'
  (3) CONFORMING AMENDMENTS-
  (A) Section 1016(a) is amended by striking `and' at the end of paragraph
  (23), by striking the period at the end of paragraph (24) and inserting
  `, and', and by adding at the end thereof the following new paragraph:
  `(25) to the extent provided in section 179A(e)(6)(A).'
  (B) The table of sections for part VI of subchapter B of chapter 1 is amended
  by inserting after the item relating to section 179 the following new item:
`Sec. 179A. Deduction for clean-fuel vehicles and certain refueling property.'
  (b) CREDIT FOR QUALIFIED ELECTRIC VEHICLES-
  (1) IN GENERAL- Subpart B of part IV of subchapter A of chapter 1 is
  amended by inserting after section 29 the following new section:
`SEC. 30. CREDIT FOR QUALIFIED ELECTRIC VEHICLES.
  `(a) ALLOWANCE OF CREDIT- There shall be allowed as a credit against the
  tax imposed by this chapter for the taxable year an amount equal to 10
  percent of the cost of any qualified electric vehicle placed in service
  by the taxpayer during the taxable year.
  `(b) LIMITATIONS-
  `(1) LIMITATION PER VEHICLE- The amount of the credit allowed under
  subsection (a) for any vehicle shall not exceed $4,000.
  `(2) PHASEOUT- In the case of any qualified electric vehicle placed in
  service after December 31, 2001, the credit otherwise allowable under
  subsection (a) (determined after the application of paragraph (1)) shall
  be reduced by--
  `(A) 25 percent in the case of property placed in service in calendar
  year 2002,
  `(B) 50 percent in the case of property placed in service in calendar year
  2003, and
  `(C) 75 percent in the case of property placed in service in calendar
  year 2004.
  `(3) APPLICATION WITH OTHER CREDITS- The credit allowed by subsection (a)
  for any taxable year shall not exceed the excess (if any) of--
  `(A) the regular tax for the taxable year reduced by the sum of the credits
  allowable under subpart A and sections 27, 28, and 29, over--
  `(B) the tentative minimum tax for the taxable year.
  `(c) QUALIFIED ELECTRIC VEHICLE- For purposes of this section--
  `(1) IN GENERAL- The term `qualified electric vehicle' means any motor
  vehicle--
  `(A) which is powered primarily by an electric motor drawing current
  from rechargeable batteries, fuel cells, or other portable sources of
  electrical current,
  `(B) the original use of which commences with the taxpayer, and
  `(C) which is acquired for use by the taxpayer and not for resale.
  `(2) MOTOR VEHICLE- For purposes of paragraph (1), the term `motor vehicle'
  means any vehicle which is manufactured primarily for use on public streets,
  roads, and highways (not including a vehicle operated exclusively on a
  rail or rails) and which has at least 4 wheels.
  `(d) SPECIAL RULES-
  `(1) BASIS REDUCTION- The basis of any property for which a credit is
  allowable under subsection (a) shall be reduced by the amount of such credit.
  `(2) RECAPTURE- The Secretary shall, by regulations, provide for recapturing
  the benefit of any credit allowable under subsection (a) with respect to
  any property which ceases to be property eligible for such credit.
  `(3) PROPERTY USED OUTSIDE UNITED STATES, ETC., NOT QUALIFIED- No credit
  shall be allowed under subsection (a) with respect to any property referred
  to in section 50(b) or with respect to the portion of the cost of any
  property taken into account under section 179.
  `(e) TERMINATION- This section shall not apply to any property placed in
  service after December 31, 2004.'
  (2) CONFORMING AMENDMENTS-
  (A) The table of sections for subpart B of part IV of subchapter A of
  chapter 1 is amended by adding after the item relating to section 29 the
  following new item:
`Sec. 30. Credit for qualified electric vehicles.'
  (B) Section 1016(a), as amended by subsection (a)(3), is amended by striking
  `and' at the end of paragraph (24), by striking the period at the end of
  paragraph (25) and inserting `, and', and by adding at the end thereof
  the following new paragraph:
  `(26) to the extent provided in section 30(d)(1).'
  (C) Section 53(d)(1)(B)(iii) is amended--
  (i) by striking `section 29(b)(5)(B) or' and inserting `section
  29(b)(6)(B),', and
  (ii) by inserting `, or not allowed under section 30 solely by reason of
  the application of section 30(b)(3)(B)' before the period.
  (D) Section 55(c)(2) is amended by striking `29(b)(5),' and inserting
  `29(b)(6), 30(b)(3),'.
  (c) EFFECTIVE DATE- The amendments made by this section shall apply to
  property placed in service after June 30, 1993.
SEC. 1914. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE SOURCES.
  (a) IN GENERAL- Subpart D of part IV of subchapter A of chapter 1 is
  amended by adding at the end thereof the following new section:
`SEC. 45. ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE RESOURCES.
  `(a) GENERAL RULE- For purposes of section 38, the renewable electricity
  production credit for any taxable year is an amount equal to the product of--
  `(1) 1.5 cents, multiplied by
  `(2) the kilowatt hours of electricity--
  `(A) produced by the taxpayer--
  `(i) from qualified energy resources, and
  `(ii) at a qualified facility during the 10-year period beginning on the
  date the facility was originally placed in service, and
  `(B) sold by the taxpayer to an unrelated person during the taxable year.
  `(b) LIMITATIONS AND ADJUSTMENTS-
  `(1) PHASEOUT OF CREDIT- The amount of the credit determined under subsection
  (a) shall be reduced by an amount which bears the same ratio to the amount
  of the credit (determined without regard to this paragraph) as--
  `(A) the amount by which the reference price for the calendar year in
  which the sale occurs exceeds 8 cents, bears to
  `(B) 3 cents.
  `(2) CREDIT AND PHASEOUT ADJUSTMENT BASED ON INFLATION- The 1.5 cent
  amount in subsection (a) and the 8 cent amount in paragraph (1) shall
  each be adjusted by multiplying such amount by the inflation adjustment
  factor for the calendar year in which the sale occurs. If any amount as
  increased under the preceding sentence is not a multiple of 0.1 cent,
  such amount shall be rounded to the nearest multiple of 0.1 cent.
  `(3) CREDIT REDUCED FOR GRANTS, TAX-EXEMPT BONDS, SUBSIDIZED ENERGY
  FINANCING, AND OTHER CREDITS- The amount of the credit determined under
  subsection (a) with respect to any project for any taxable year (determined
  after the application of paragraphs (1) and (2)) shall be reduced by the
  amount which is the product of the amount so determined for such year and
  a fraction--
  `(A) the numerator of which is the sum, for the taxable year and all prior
  taxable years, of--
  `(i) grants provided by the United States, a State, or a political
  subdivision of a State for use in connection with the project,
  `(ii) proceeds of an issue of State or local government obligations used
  to provide financing for the project the interest on which is exempt from
  tax under section 103,
  `(iii) the aggregate amount of subsidized energy financing provided
  (directly or indirectly) under a Federal, State, or local program provided
  in connection with the project, and
  `(iv) the amount of any other credit allowable with respect to any property
  which is part of the project, and
  `(B) the denominator of which is the aggregate amount of additions to
  the capital account for the project for the taxable year and all prior
  taxable years.
The amounts under the preceding sentence for any taxable year shall be
determined as of the close of the taxable year.
  `(c) DEFINITIONS- For purposes of this section--
  `(1) QUALIFIED ENERGY RESOURCES- The term `qualified energy resources'
  means--
  `(A) wind, and
  `(B) closed-loop biomass.
  `(2) CLOSED-LOOP BIOMASS- The term `closed-loop biomass' means any organic
  material from a plant which is planted exclusively for purposes of being
  used at a qualified facility to produce electricity.
  `(3) QUALIFIED FACILITY- The term `qualified facility' means any facility
  owned by the taxpayer which is originally placed in service after December
  31, 1993 (December 31, 1992, in the case of a facility using closed-loop
  biomass to produce electricity), and before July 1, 1999.
  `(d) DEFINITIONS AND SPECIAL RULES- For purposes of this section--
  `(1) ONLY PRODUCTION IN THE UNITED STATES TAKEN INTO ACCOUNT- Sales shall
  be taken into account under this section only with respect to electricity
  the production of which is within--
  `(A) the United States (within the meaning of section 638(1)), or
  `(B) a possession of the United States (within the meaning of section
  638(2)).
  `(2) COMPUTATION OF INFLATION ADJUSTMENT FACTOR AND REFERENCE PRICE-
  `(A) IN GENERAL- The Secretary shall, not later than April 1 of each calendar
  year, determine and publish in the Federal Register the inflation adjustment
  factor and the reference price for such calendar year in accordance with
  this paragraph.
  `(B) INFLATION ADJUSTMENT FACTOR- The term `inflation adjustment factor'
  means, with respect to a calendar year, a fraction the numerator of which
  is the GDP implicit price deflator for the preceding calendar year and the
  denominator of which is the GDP implicit price deflator for the calendar
  year 1992. The term `GDP implicit price deflator' means the most recent
  revision of the implicit price deflator for the gross domestic product as
  computed and published by the Department of Commerce before March 15 of
  the calendar year.
  `(C) REFERENCE PRICE- The term `reference price' means, with respect to a
  calendar year, the Secretary's determination of the annual average contract
  price per kilowatt hour of electricity generated from the same qualified
  energy resource and sold in the previous year in the United States. For
  purposes of the preceding sentence, only contracts entered into after
  December 31, 1989, shall be taken into account.
  `(3) PRODUCTION ATTRIBUTABLE TO THE TAXPAYER- In the case of a facility in
  which more than 1 person has an ownership interest, except to the extent
  provided in regulations prescribed by the Secretary, production from the
  facility shall be allocated among such persons in proportion to their
  respective ownership interests in the gross sales from such facility.
  `(4) RELATED PERSONS- Persons shall be treated as related to each other if
  such persons would be treated as a single employer under the regulations
  prescribed under section 52(b). In the case of a corporation which is a
  member of an affiliated group of corporations filing a consolidated return,
  such corporation shall be treated as selling electricity to an unrelated
  person if such electricity is sold to such a person by another member of
  such group.
  `(5) PASS-THRU IN THE CASE OF ESTATES AND TRUSTS- Under regulations
  prescribed by the Secretary, rules similar to the rules of subsection (d)
  of section 52 shall apply.'
  (b) CREDIT TO BE PART OF GENERAL BUSINESS CREDIT- Subsection (b) of
  section 38 is amended by striking `plus' at the end of paragraph (6), by
  striking the period at the end of paragraph (7) and inserting `, plus',
  and by adding at the end thereof the following new paragraph:
  `(8) the renewable electricity production credit under section 45(a).'
  (c) LIMITATION ON CARRYBACK- Subsection (d) of section 39 is amended by
  redesignating the paragraph added by section 11511(b)(2) of the Revenue
  Reconciliation Act of 1990 as paragraph (1), by redesignating the paragraph
  added by section 11611(b)(2) of such Act as paragraph (2), and by adding
  at the end thereof the following new paragraph:
  `(3) NO CARRYBACK OF RENEWABLE ELECTRICITY PRODUCTION CREDIT BEFORE EFFECTIVE
  DATE- No portion of the unused business credit for any taxable year which
  is attributable to the credit determined under section 45 (relating to
  electricity produced from certain renewable resources) may be carried
  back to any taxable year ending before January 1, 1993 (before January 1,
  1994, to the extent such credit is attributable to wind as a qualified
  energy resource).'
  (d) CLERICAL AMENDMENT- The table of sections for subpart D of part IV
  of subchapter A of chapter 1 is amended by adding at the end thereof the
  following new item:
`Sec. 45. Electricity produced from certain renewable resources.'
  (e) EFFECTIVE DATE- The amendments made by this section shall apply to
  taxable years ending after December 31, 1992.
SEC. 1915. REPEAL OF MINIMUM TAX PREFERENCES FOR DEPLETION AND INTANGIBLE
DRILLING COSTS OF INDEPENDENT OIL AND GAS PRODUCERS AND ROYALTY OWNERS.
  (a) DEPLETION-
  (1) Paragraph (1) of section 57(a) (relating to depletion) is amended
  by adding at the end thereof the following new sentence: `Effective with
  respect to taxable years beginning after December 31, 1992, this paragraph
  shall not apply to any deduction for depletion computed in accordance with
  section 613A(c).'.
  (2) Subparagraph (F) of section 56(g)(4) is amended to read as follows:
  `(F) DEPLETION-
  `(i) IN GENERAL- The allowance for depletion with respect to any property
  placed in service in a taxable year beginning after December 31, 1989,
  shall be cost depletion determined under section 611.
  `(ii) EXCEPTION FOR INDEPENDENT OIL AND GAS PRODUCERS AND ROYALTY OWNERS-
  In the case of any taxable year beginning after December 31, 1992, clause
  (i) (and subparagraph (C)(i)) shall not apply to any deduction for depletion
  computed in accordance with section 613A(c).'
  (b) INTANGIBLE DRILLING COSTS-
  (1) Section 57(a)(2) is amended by adding at the end the following new
  subparagraph:
  `(E) EXCEPTION FOR INDEPENDENT PRODUCERS- In the case of any oil or
  gas well--
  `(i) IN GENERAL- In the case of any taxable year beginning after December
  31, 1992, this paragraph shall not apply to any taxpayer which is not an
  integrated oil company (as defined in section 291(b)(4)).
  `(ii) LIMITATION ON BENEFIT- The reduction in alternative minimum taxable
  income by reason of clause (i) for any taxable year shall not exceed 40
  percent (30 percent in case of taxable years beginning in 1993) of the
  alternative minimum taxable income for such year determined without regard
  to clause (i) and the alternative tax net operating loss deduction under
  section 56(a)(4).'
  (2) Clause (i) of section 56(g)(4)(D) is amended by adding at the end
  thereof the following new sentence: `In the case of a taxpayer other than
  an integrated oil company (as defined in section 291(b)(4)), in the case
  of any oil or gas well, this clause shall not apply in the case of amounts
  paid or incurred in taxable years beginning after December 31, 1992.'.
  (c) CONFORMING AMENDMENTS-
  (1) Section 56 is amended by striking subsection (h).
  (2) Section 56(d)(1)(A) is amended to read as follows:
  `(A) the amount of such deduction shall not exceed 90 percent of alternate
  minimum taxable income determined without regard to such deduction, and'.
  (3) Section 59(a)(2)(A)(ii) is amended by striking `and the alternative
  tax energy preference deduction under section 56(h)' and inserting `and
  section 57(a)(2)(E)'.
  (4) Section 59A(b)(1) is amended by striking `or the alternative tax energy
  preference deduction under section 56(h)'.
  (d) EFFECTIVE DATE- The amendments made by this section shall apply to
  taxable years beginning after December 31, 1992.
SEC. 1916. PERMANENT EXTENSION OF ENERGY INVESTMENT CREDIT FOR SOLAR AND
GEOTHERMAL PROPERTY.
  (a) GENERAL RULE- Paragraph (2) of section 48(a) (defining energy percentage)
  is amended--
  (1) by striking `Except as provided in subparagraph (B), the' in subparagraph
  (A) and inserting `The',
  (2) by striking subparagraph (B), and
  (3) by redesignating subparagraph (C) as subparagraph (B).
  (b) EFFECTIVE DATE- The amendments made by this section  shall take effect
  on June 30, 1992.
SEC. 1917. NUCLEAR DECOMMISSIONING FUNDS.
  (a) REPEAL OF INVESTMENT RESTRICTIONS- Subparagraph (C) of section 468A(e)(4)
  (relating to special rules for nuclear decommissioning funds) is amended
  by striking `described in section 501(c)(21)(B)(ii)'.
  (b) REDUCTION IN RATE OF TAX- Paragraph (2) of section 468A(e) is amended--
  (1) by striking `at the rate equal to the highest rate of tax specified
  in section 11(b)' in subparagraph (A) and inserting `at the rate set forth
  in subparagraph (B)', and
  (2) by redesignating subparagraphs (B) and (C) as subparagraphs (C) and
  (D), respectively, and by inserting after subparagraph (A) the following
  new subparagraph:
  `(B) RATE OF TAX- For purposes of subparagraph (A), the rate set forth in
  this subparagraph is--
  `(i) 22 percent in the case of taxable years beginning in calendar year
  1994 or 1995, and
  `(ii) 20 percent in the case of taxable years beginning after December
  31, 1995.'
  (c) EFFECTIVE DATES-
  (1) SUBSECTION (a)- The amendment made by subsection (a) shall apply to
  taxable years beginning after December 31, 1992.
  (2) SUBSECTION (b)- The amendments made by subsection (b) shall apply to
  taxable years beginning after December 31, 1993. Section 15 of the Internal
  Revenue Code of 1986 shall not apply to any change in rate resulting from
  the amendment made by subsection (b).
SEC. 1918. EXTENSION OF SECTION 29 CREDIT FOR CERTAIN FACILITIES.
  Section 29 (relating to credit for producing fuel from a nonconventional
  source) is amended by adding at the end thereof the following new subsection:
  `(g) EXTENSION FOR CERTAIN FACILITIES-
  `(1) IN GENERAL- In the case of a facility for producing qualified fuels
  described in subparagraph (B)(ii) or (C) of subsection (c)(1)--
  `(A) for purposes of subsection (f)(1)(B), such facility shall be treated
  as being placed in service before January 1, 1993, if such facility is
  placed in service before January 1, 1997, pursuant to a binding written
  contract in effect before January 1, 1996, and
  `(B) if such facility is originally placed in service after December 31,
  1992, paragraph (2) of subsection (f) shall be applied with respect to
  such facility by substituting `January 1, 2008' for `January 1, 2003'.
  `(2) SPECIAL RULE- Paragraph (1) shall not apply to any facility which
  produces coke or coke gas unless the original use of the facility commences
  with the taxpayer.'
SEC. 1919. TREATMENT UNDER LOCAL FURNISHING RULES OF CERTAIN ELECTRICITY
TRANSMITTED OUTSIDE LOCAL AREA.
  (a) IN GENERAL- Subsection (f) of section 142 (relating to local furnishing
  of electric energy or gas) is amended to read as follows:
  `(f) LOCAL FURNISHING OF ELECTRIC ENERGY OR GAS- For purposes of subsection
  (a)(8)--
  `(1) IN GENERAL- The local furnishing of electric energy or gas from a
  facility shall only include furnishing solely within the area consisting of--
  `(A) a city and 1 contiguous county, or
  `(B) 2 contiguous counties.
  `(2) TREATMENT OF CERTAIN ELECTRIC ENERGY TRANSMITTED OUTSIDE LOCAL AREA-
  `(A) IN GENERAL- A facility shall not be treated as failing to meet the
  local furnishing requirement of subsection (a)(8) by reason of electricity
  transmitted pursuant to an order of the Federal Energy Regulatory Commission
  under section 211 or 213 of the Federal Power Act (as in effect on the
  date of the enactment of this paragraph) if the portion of the cost of the
  facility financed with tax-exempt bonds is not greater than the portion
  of the cost of the facility which is allocable to the local furnishing of
  electric energy (determined without regard to this paragraph).
  `(B) SPECIAL RULE FOR EXISTING FACILITIES- In the case of a facility financed
  with bonds issued before the date of an order referred to in subparagraph
  (A) which would (but for this subparagraph) cease to be tax-exempt by
  reason of subparagraph (A), such bonds shall not cease to be tax-exempt
  bonds (and section 150(b)(4) shall not apply) if, to the extent necessary
  to comply with subparagraph (A)--
  `(i) an escrow to pay principal of, premium (if any), and interest on the
  bonds is established within a reasonable period after the date such order
  becomes final, and
  `(ii) bonds are redeemed not later than the earliest date on which such
  bonds may be redeemed.'
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply
  to obligations issued before, on, or after the date of the enactment of
  this Act.
SEC. 1920. ALCOHOL FUELS.
  (a) REDUCED RATE OF TAX ON GASOLINE MIXED WITH ALCOHOL- Paragraph (1)
  of section 4081(c) (relating to gasoline mixed with alcohol at refinery,
  etc.) is amended to read as follows:
  `(1) IN GENERAL- Under regulations prescribed by the Secretary, subsection
  (a) shall be applied by multiplying the otherwise applicable rate by a
  fraction the numerator of which is 10 and the denominator of which is--
  `(A) 9 in the case of 10 percent gasohol,
  `(B) 9.23 in the case of 7.7 percent gasohol, and
  `(C) 9.43 in the case of 5.7 percent gasohol,
in the case of the removal or entry of any gasoline for use in producing
gasohol at the time of such removal or entry. Subject to such terms and
conditions as the Secretary may prescribe (including the application of
section 4101), the treatment under the preceding sentence also shall apply
to use in producing gasohol after the time of such removal or entry.'
  (b) CONFORMING AMENDMENTS- Section 4081(c) is amended--
  (1) by striking `6.1 cents a gallon' in paragraph (2) and inserting `an
  otherwise applicable rate', and
  (2) by striking paragraph (4) and inserting the following new paragraph:
  `(4) OTHERWISE APPLICABLE RATE- For purposes of this subsection--
  `(A) IN GENERAL- In the case of the Highway Trust Fund financing rate,
  the term `otherwise applicable rate' means--
  `(i) 6.1 cents a gallon for 10 percent gasohol,
  `(ii) 7.342 cents a gallon for 7.7 percent gasohol, and
  `(iii) 8.422 cents a gallon for 5.7 percent gasohol.
In the case of gasohol none of the alcohol in which consists of ethanol,
clauses (i), (ii), and (iii) shall be applied by substituting `5.5 cents'
for `6.1 cents', `6.88 cents' for `7.342 cents', and `8.08 cents' for
`8.422 cents'.
  `(B) 10 PERCENT GASOHOL- The term `10 percent gasohol' means any mixture
  of gasoline with alcohol if at least 10 percent of such mixture is alcohol.
  `(C) 7.7 PERCENT GASOHOL- The term `7.7 percent gasohol' means any mixture
  of gasoline with alcohol if at least 7.7 percent, but not 10 percent or
  more, of such mixture is alcohol.
  `(D) 5.7 PERCENT GASOHOL- The term `5.7 percent gasohol' means any mixture
  of gasoline with alcohol if at least 5.7 percent, but not 7.7 percent or
  more, of such mixture is alcohol.'
  (c) EFFECTIVE DATE- The amendments made by this section shall apply to
  gasoline removed (as defined in section 4082 of the Internal Revenue Code
  of 1986) or entered after December 31, 1992.
SEC. 1921. TAX-EXEMPT FINANCING FOR ENVIRONMENTAL ENHANCEMENTS OF HYDROELECTRIC
GENERATING FACILITIES.
  (a) IN GENERAL- Subsection (a) of section 142 (relating to exempt facility
  bonds) is amended--
  (1) by striking `or' at the end of paragraph (10),
  (2) by striking the period at the end of paragraph (11) and inserting `,
  or', and
  (3) by adding at the end the following new paragraph:
  `(12) environmental enhancements of hydroelectric generating facilities.'
  (b) DEFINITION AND SPECIAL RULES FOR ENVIRONMENTAL ENHANCEMENTS OF
  HYDROELECTRIC GENERATING FACILITIES-
  (1) IN GENERAL- Section 142 is amended by adding at the end the following
  new subsection:
  `(j) ENVIRONMENTAL ENHANCEMENTS OF HYDROELECTRIC GENERATING FACILITIES-
  `(1) IN GENERAL- For purposes of subsection (a)(12), the term `environmental
  enhancements of hydroelectric generating facilities' means property--
  `(A) the use of which is related to a federally licensed hydroelectric
  generating facility owned and operated by a governmental unit, and
  `(B) which--
  `(i) protects or promotes fisheries or other wildlife resources, including
  any fish by-pass facility, fish hatchery, or fisheries enhancement
  facility, or
  `(ii) is a recreational facility or other improvement required by the terms
  and conditions of any Federal licensing permit for the operation of such
  generating facility.
  `(2) USE OF PROCEEDS- A bond issued as part of an issue described in
  subsection (a)(12) shall not be considered an exempt facility bond unless
  at least 80 percent of the net proceeds of the issue of which it is a part
  are used to finance property described in paragraph (1)(B)(i).'
  (2) FINANCED PROPERTY MUST BE GOVERNMENTALLY OWNED- Subparagraph (A) of
  section 142(b)(1) (relating to certain facilities must be governmentally
  owned) is amended by striking `(2) or (3)' and inserting `(2), (3), or (12)'.
  (3) EXCLUSION FROM VOLUME CAP- Paragraph (3) of section 146(g) (relating
  to exception for certain bonds) is amended--
  (A) by striking `or (2)' and inserting `, (2), or (12)', and
  (B) by striking `and docks and wharves' and inserting `, docks and wharves,
  and environmental enhancements of hydroelectric generating facilities'.
  (c) EFFECTIVE DATE- The amendments made by this section shall apply to
  bonds issued after the date of the enactment of this Act.
SEC. 1922. TRANS-ALASKA PIPELINE LIABILITY FUND INCOME TAX CREDIT.
  (a) IN GENERAL- Section 4612 is amended by redesignating subsection (e)
  as subsection (f) and by inserting after subsection (d) the following
  new subsection:
  `(e) INCOME TAX CREDIT FOR UNUSED PAYMENTS INTO TRANS-ALASKA PIPELINE
  LIABILITY FUND-
  `(1) IN GENERAL- For purposes of section 38, the current year business
  credit shall include the credit determined under this subsection.
  `(2) DETERMINATION OF CREDIT-
  `(A) IN GENERAL- The credit determined under this subsection for any taxable
  year is an amount equal to the aggregate credit which would be allowed to
  the taxpayer under subsection (d) for amounts paid into the Trans-Alaska
  Pipeline Liability Fund had the Oil Spill Liability Trust Fund financing
  rate not ceased to apply.
  `(B) LIMITATION-
  `(i) IN GENERAL- The amount of the credit determined under this subsection
  for any taxable year with respect to any taxpayer shall not exceed the
  excess of--
  `(I) the amount determined under clause (ii), over
  `(II) the aggregate amount of the credit determined under this subsection
  for prior taxable years with respect to such taxpayer.
  `(ii) OVERALL LIMITATION- The amount determined under this clause with
  respect to any taxpayer is the excess of--
  `(I) the aggregate amount of credit which would have been allowed under
  subsection (d) to the taxpayer for periods before the termination date
  specified in section 4611(f)(1), if amounts in the Trans-Alaska Pipeline
  Liability Fund which are actually transferred into the Oil Spill Liability
  Fund were tranferred on January 1, 1990, and the Oil Spill Liability Trust
  Fund financing rate did not terminate before such termination date, over
  `(II) the aggregate amount of the credit allowed under subsection (d)
  to the taxpayer.
  `(3) COST OF INCOME TAX CREDIT BORNE BY TRUST FUND-
  `(A) IN GENERAL- The Secretary shall from time to time transfer from the
  Oil Spill Liability Trust Fund to the general fund of the Treasury amounts
  equal to the credits allowed by reason of this subsection.
  `(B) TRUST FUND BALANCE MAY NOT BE REDUCED BELOW $1,000,000,000- Transfers
  may be made under subparagraph (A) only to the extent that the unobligated
  balance of the Oil Spill Liability Trust Fund exceeds $1,000,000,000. If
  any transfer is not made by reason of the preceding sentence, such transfer
  shall be made as soon as permitted under such sentence.
  `(4) NO CARRYBACK- No portion of the unused business credit for any taxable
  year which is attributable to the credit determined under this subsection
  may be carried to a taxable year beginning on or before the date of the
  enactment of this paragraph.'.
  (b) EFFECTIVE DATE- The amendments made by this section shall apply to
  taxable years beginning after the date of the enactment of this Act.
Subtitle B--Revenue Increases, Etc.
SEC. 1931. INCREASED BASE TAX AMOUNT ON OZONE-DEPLETING CHEMICALS.
  (a) IN GENERAL- Subparagraph (B) of section 4681(b)(1) (relating to amount
  of tax) is amended to read as follows:
  `(B) BASE TAX AMOUNT- The base tax amount for purposes of subparagraph (A)
  with respect to any sale or use during a calendar year before 1996 with
  respect to any ozone-depleting chemical is the amount determined under
  the following table for such calendar year:
--Base tax
`Calendar year:
--amount:
1993
--3.35
1994
--4.35
1995
--5.35.'
  (b) RATES RETAINED FOR CHEMICALS USED IN RIGID FOAM INSULATION- The table
  in subparagraph (B) of section 4682(g)(2) (relating to chemicals used in
  rigid foam insulation) is amended by striking `10' and inserting `7.46'.
  (c) FLOOR STOCKS- Subparagraph (C) of section 4682(h)(2) (relating to
  tax-increase dates) is amended by striking `of 1991, 1992, 1993, and 1994'
  and inserting `of any calendar year after 1991'.
  (d) EFFECTIVE DATE- The amendments made by this section shall apply to
  taxable chemicals sold or used on or after January 1, 1993.
SEC. 1932. TREATMENT OF CERTAIN OZONE DEPLETING CHEMICALS.
  (a) TREATMENT OF CERTAIN HALONS- The table contained in subparagraph (A)
  of section 4682(g)(2) (relating to halons) is amended to read as follows:
--The applicable percentage
--in the case of sales or use
`In the case of:
--during 1993 is:
Halon-1211
--2.49
Halon-1301
--0.75
Halon-2402
--1.24.'
  (b) CHEMICALS USED FOR STERILIZING MEDICAL INSTRUMENTS AND AS PROPELLANTS
  IN METERED-DOSE INHALERS- Subsection (g) of section 4682 (relating to
  phase-in of tax on certain substances) is amended by adding at the end
  thereof the following new paragraph:
  `(4) CHEMICALS USED FOR STERILIZING MEDICAL INSTRUMENTS AND AS PROPELLANTS
  IN METERED-DOSE INHALERS-
  `(A) RATE OF TAX-
  `(i) IN GENERAL- In the case of--
  `(I) any use during the applicable period of any substance to sterilize
  medical instruments or as propellants in metered-dose inhalers, or
  `(II) any qualified sale during such period by the manufacturer, producer,
  or importer of any substance,
the tax imposed by section 4681 shall be equal to $1.67 per pound.
  `(ii) QUALIFIED SALE- For purposes of clause (i), the term `qualified sale'
  means any sale by the manufacturer, producer, or importer of any substance--
  `(I) for use by the purchaser to sterilize medical instruments or as
  propellants in metered-dose inhalers, or
  `(II) for resale by the purchaser to a 2d purchaser for such use by the
  2d purchaser.
The preceding sentence shall apply only if the manufacturer, producer,
and importer, and the 1st and 2d purchasers (if any) meet such registration
requirements as may be prescribed by the Secretary.
  `(B) OVERPAYMENTS- If any substance on which tax was paid under this
  subchapter is used during the applicable period by any person to sterilize
  medical instruments or as propellants in metered-dose inhalers, credit
  or refund without interest shall be allowed to such person in an amount
  equal to the excess of--
  `(i) the tax paid under this subchapter on such substance, or
  `(ii) the tax (if any) which would be imposed by section 4681 if such
  substance were used for such use by the manufacture, producer, or importer
  thereof on the date of its use by such person.
Amounts payable under the preceding sentence with respect to uses during
the taxable year shall be treated as described in section 34(a) for such
year unless claim thereof has been timely filed under this subparagraph.
  `(C) APPLICABLE PERIOD- For purposes of this paragraph, the term `applicable
  period' means--
  `(i) 1993 in the case of substances to sterilize medical instruments, and
  `(ii) any period after 1992 in the case of propellants in metered-dose
  inhalers.'
  (c) TREATMENT OF METHYL CHLOROFORM- Subsection (g) of section 4682, as
  amended by subsection (b), is amended by adding at the end thereof the
  following new paragraph:
  `(5) TREATMENT OF METHYL CHLOROFORM- The tax imposed by section 4681 during
  1993 by reason of the treatment of methyl chloroform as an ozone-depleting
  chemical shall be 63.02 percent of the amount of such tax which would
  (but for this paragraph) be imposed.'
  (d) EFFECTIVE DATE- The amendments made by this section shall apply to
  sales and uses on or after January 1, 1993.
SEC. 1933. INFORMATION REPORTING WITH RESPECT TO CERTAIN SELLER-PROVIDED
FINANCING.
  (a) GENERAL RULE- Section 6109 (relating to identifying numbers) is amended
  by adding at the end thereof the following new subsection:
    `(h) IDENTIFYING INFORMATION REQUIRED WITH RESPECT TO CERTAIN
    SELLER-PROVIDED FINANCING-
  `(1) PAYOR- If any taxpayer claims a deduction under section 163 for
  qualified residence interest on any seller-provided financing, such
  taxpayer shall include on the return claiming such deduction the name,
  address, and TIN of the person to whom such interest is paid or accrued.
  `(2) RECIPIENT- If any person receives or accrues interest referred to
  in paragraph (1), such person shall include on the return for the taxable
  year in which such interest is so received or accrued the name, address,
  and TIN of the person liable for such interest.
  `(3) FURNISHING OF INFORMATION BETWEEN PAYOR AND RECIPIENT- If any person
  is required to include the TIN of another person on a return under paragraph
  (1) or (2), such other person shall furnish his TIN to such person.
  `(4) SELLER-PROVIDED FINANCING- For purposes of this subsection, the term
  `seller-provided financing' means any indebtedness incurred in acquiring
  any residence if the person to whom such indebtedness is owed is the person
  from whom such residence was acquired.'.
  (b) PENALTY- Paragraph (3) of section 6724(d) (relating to specified
  information reporting requirement) is amended by striking `and' at the
  end of subparagraph (C), by striking the period at the end of subparagraph
  (D) and inserting `, and', and by adding at the end thereof the following
  new subparagraph:
  `(E) any requirement under section 6109(f) that--
  `(i) a person include on his return the name, address, and TIN of another
  person, or
  `(ii) a person furnish his TIN to another person.'
  (c) EFFECTIVE DATE- The amendments made by this section shall apply to
  taxable years beginning after December 31, 1991.
SEC. 1934. INCREASED WITHHOLDING ON GAMBLING WINNINGS.
  (a) IN GENERAL- Section 3402(q)(1) (relating to extension of withholding to
  certain gambling winnings) is amended by striking `20 percent' and inserting
  `28 percent'.
  (b) EFFECTIVE DATE- The amendment made by this section applies to payments
  received after December 31, 1992.
SEC. 1935. INCREASE IN BACKUP WITHHOLDING RATE.
  (a) IN GENERAL- Section 3406(a)(1) is amended by striking `20 percent'
  and inserting `31 percent'.
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
  amounts paid after December 31, 1992.
SEC. 1936. CLASSIFICATION OF CERTAIN INTEREST AS STOCK OR INDEBTEDNESS.
  (a) GENERAL RULE- Section 385 (relating to treatment of certain interests
  in corporations as stock or indebtedness) is amended by adding at the end
  thereof the following new subsection:
  `(c) EFFECT OF CLASSIFICATION BY ISSUER-
  `(1) IN GENERAL- The characterization (as of the time of issuance) by the
  issuer as to whether an interest in a corporation is stock or indebtedness
  shall be binding on such issuer and on all holders of such interest (but
  shall not be binding on the Secretary).
  `(2) NOTIFICATION OF INCONSISTENT TREATMENT- Except as provided in
  regulations, paragraph (1) shall not apply to any holder of an interest if
  such holder on his return discloses that he is treating such interest in
  a manner inconsistent with the characterization referred to in paragraph (1).
  `(3) REGULATIONS- The Secretary is authorized to require such information
  as the Secretary determines to be necessary to carry out the provisions
  of this subsection.'
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
  instruments issued after the date of the enactment of this Act.
SEC. 1937. RECOGNITION OF PRECONTRIBUTION GAIN IN CASE OF CERTAIN DISTRIBUTIONS
TO CONTRIBUTING PARTNER.
  (a) GENERAL RULE- Subpart C of part II of subchapter K of chapter 1
  (relating to distributions by a partnership) is amended by adding at the
  end thereof the following new section:
`SEC. 737. RECOGNITION OF PRECONTRIBUTION GAIN IN CASE OF CERTAIN DISTRIBUTIONS
TO CONTRIBUTING PARTNER.
  `(a) GENERAL RULE- In the case of any distribution by a partnership to a
  partner, such partner shall be treated as recognizing gain in an amount
  equal to the lesser of--
  `(1) the excess (if any) of (A) the fair market value of property (other
  than money) received in the distribution over (B) the adjusted basis
  of such partner's interest in the partnership immediately before the
  distribution reduced (but not below zero) by the amount of money received
  in the distribution, or
  `(2) the net precontribution gain of the partner.
Gain recognized under the preceding sentence shall be in addition to any gain
recognized under section 731. The character of such gain shall be determined
by reference to the proportionate character of the net precontribution gain.
  `(b) NET PRECONTRIBUTION GAIN- For purposes of this section, the term
  `net precontribution gain' means the net gain (if any) which would have
  been recognized by the distributee partner under section 704(c)(1)(B)
  if all property which--
  `(1) had been contributed to the partnership by the distributee partner
  within 5 years of the distribution, and
  `(2) is held by such partnership immediately before the distribution,
had been distributed by such partnership to another partner.
  `(c) BASIS RULES-
  `(1) PARTNER'S INTEREST- The adjusted basis of a partner's interest in
  a partnership shall be increased by the amount of any gain recognized by
  such partner under subsection (a). Except for purposes of determining the
  amount recognized under subsection (a), such increase shall be treated as
  occurring immediately before the distribution.
  `(2) PARTNERSHIP'S BASIS IN CONTRIBUTED PROPERTY- Appropriate adjustments
  shall be made to the adjusted basis of the partnership in the contributed
  property referred to in subsection (b) to reflect gain recognized under
  subsection (a).
  `(d) EXCEPTIONS-
  `(1)  DISTRIBUTIONS OF PREVIOUSLY CONTRIBUTED PROPERTY- If any portion of
  the property distributed consists of property which had been contributed
  by the distributee partner to the partnership, such property shall not
  be taken into account under subsection (a)(1) and shall not be taken into
  account in determining the amount of the net precontribution gain. If the
  property distributed consists of an interest in an entity, the preceding
  sentence shall not apply to the extent that the value of such interest is
  attributable to property contributed to such entity after such interest
  had been contributed to the partnership.
  `(2) COORDINATION WITH SECTION 751- This section shall not apply to the
  extent section 751(b) applies to such distribution.'
  (b) TECHNICAL AMENDMENTS-
  (1) Subparagraph (B) of section 704(c)(1) is amended by striking out
  `is distributed' in the material preceding clause (i) and inserting `is
  distributed (directly or indirectly)'.
  (2) Subsection (c) of section 731 is amended--
  (A) by striking `and section 751' and inserting `, section 751', and
  (B) by inserting before the period at the end thereof the following: `,
  and section 737 (relating to recognition of precontribution gain in case
  of certain distributions)'.
  (3) The table of sections for subpart B of part II of subchapter K of
  chapter 1 is amended by adding at the end thereof the following new item:
`Sec. 737. Recognition of precontribution gain in case of certain distributions
to contributing partner.'
  (c) EFFECTIVE DATE- The amendments made by this section shall apply to
  distributions on or after June 25, 1992.
SEC. 1938. DEDUCTION FOR EXPENSES AWAY FROM HOME.
  (a) IN GENERAL- Section 162(a) is amended by adding at the end the following
  new sentence: `For purposes of paragraph (2), the taxpayer shall not be
  treated as being temporarily away from home during any period of employment
  if such period exceeds 1 year.'
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
  costs paid or incurred after December 31, 1992.
SEC. 1939. REPORTING REQUIREMENTS WITH RESPECT TO CERTAIN APPORTIONED REAL
ESTATE TAXES.
  (a) GENERAL RULE- Paragraph (4) of section 6045(e) is amended to read
  as follows:
  `(4) ADDITIONAL INFORMATION REQUIRED- In the case of a real estate
  transaction involving a residence, the real estate reporting person shall
  include the following information on the return under subsection (a)
  and on the statement under subsection (b):
  `(A) The portion of any real property tax which is treated as a tax imposed
  on the purchaser by reason of section 164(d)(1)(B).
  `(B) Whether or not the financing (if any) of the seller was
  federally-subsidized indebtedness (as defined in section 143(m)(3)).'
  (b) EFFECTIVE DATE- The amendment made by subsection (a) shall apply to
  transactions after December 31, 1992.
SEC. 1940. USE OF EXCESS ASSETS OF BLACK LUNG BENEFIT TRUSTS FOR HEALTH
CARE BENEFITS.
  (a) GENERAL RULE- Paragraph (21) of section 501(c) is amended to read
  as follows:
  `(21)(A) A trust or trusts established in writing, created or organized in
  the United States, and contributed to by any person (except an insurance
  company) if--
  `(i) the purpose of such trust or trusts is exclusively--
  `(I) to satisfy, in whole or in part, the liability of such person for,
  or with respect to, claims for compensation for disability or death due
  to pneumoconiosis under Black Lung Acts,
  `(II) to pay premiums for insurance exclusively covering such liability,
  `(III) to pay administrative and other incidental expenses of such trust
  in connection with the operation of the trust and the processing of claims
  against such person under Black Lung Acts, and
  `(IV) to pay accident or health benefits for retired miners and their
  spouses and dependents (including administrative and other incidental
  expenses of such trust in connection therewith) or premiums for insurance
  exclusively covering such benefits; and
  `(ii) no part of the assets of the trust may be used for, or diverted to,
  any purpose other than--
  `(I) the purposes described in clause (i),
  `(II) investment (but only to the extent that the trustee determines that
  a portion of the assets is not currently needed for the purposes described
  in clause (i)) in qualified investments, or
  `(III) payment into the Black Lung Disability Trust Fund established under
  section 9501, or into the general fund of the United States Treasury (other
  than in satisfaction of any tax or other civil or criminal liability of
  the person who established or contributed to the trust).
  `(B) No deduction shall be allowed under this chapter for any payment
  described in subparagraph (A)(i)(IV) from such trust.
  `(C) Payments described in subparagraph (A)(i)(IV) may be made from such
  trust during a taxable year only to the extent that the aggregate amount
  of such payments during such taxable year does not exceed the lesser of--
  `(i) the excess (if any) (as of the close of the preceding taxable year) of--
  `(I) the fair market value of the assets of the trust, over
  `(II) 110 percent of the present value of the liability described in
  subparagraph (A)(i)(I) of such person, or
  `(ii) the excess (if any) of--
  `(I) the sum of a similar excess determined as of the close of the last
  taxable year ending before the date of the enactment of this subparagraph
  plus earnings thereon as of the close of the taxable year preceding the
  taxable year involved, over
  `(II) the aggregate payments described in subparagraph (A)(i)(IV) made
  from the trust during all taxable years beginning after the date of the
  enactment of this subparagraph.
The determinations under the preceding sentence shall be made by an independent
actuary using actuarial methods and assumptions (not inconsistent with the
regulations prescribed under section 192(c)(1)(A)) each of which is reasonable
and which are reasonable in the aggregate.
  `(D) For purposes of this paragraph:
  `(i) The term `Black Lung Acts' means part C of title IV of the Federal
  Mine Safety and Health Act of 1977, and any State law providing compensation
  for disability or death due to that pneumoconiosis.
  `(ii) The term `qualified investments' means--
  `(I) public debt securities of the United States,
  `(II) obligations of a State or local government which are not in default
  as to principal or interest, and
  `(III) time or demand deposits in a bank (as defined in section 581)
  or an insured credit union (within the meaning of section 101(6) of the
  Federal Credit Union Act, 12 U.S.C. 1752(6)) located in the United States.
  `(iii) The term `miner' has the same meaning as such term has when used
  in section 402(d) of the Black Lung Benefits Act (30 U.S.C. 902(d)).
  `(iv) The term `incidental expenses' includes legal, accounting, actuarial,
  and trustee expenses.'
  (b) EXCEPTION FROM TAX ON SELF-DEALING- Section 4951(f) is amended by
  striking `clause (i) of section 501(c)(21)(A)' and inserting `subclause
  (I) or (IV) of section 501(c)(21)(A)(i)'.
  (c) TECHNICAL AMENDMENT- Paragraph (4) of section 192(c) is amended by
  striking `clause (ii) of section 501(c)(21)(B)' and inserting `subclause
  (II) of section 501(c)(21)(A)(ii)'.
  (d) EFFECTIVE DATE- The amendments made by this section shall apply to
  taxable years beginning after December 31, 1991.
SEC. 1941. TREATMENT OF PORTIONS OF PROPERTY UNDER MARITAL DEDUCTION.
  (a) ESTATE TAX- Subsection (b) of section 2056 (relating to limitation in
  case of life estate or other terminable interest) is amended by adding at
  the end thereof the following new paragraph:
  `(10) SPECIFIC PORTION- For purposes of paragraphs (5), (6), and (7)(B)(iv),
  the term `specific portion' only includes a portion determined on a
  fractional or percentage basis.'
  (b) GIFT TAX-
  (1) Subsection (e) of section 2523 is amended by adding at the end thereof
  the following new sentence:  `For purposes of this subsection, the term
  `specific portion' only includes a portion determined on a fractional or
  percentage basis.'
  (2) Paragraph (3) of section 2523(f) is amended by inserting before
  the period at the end thereof the following: `and the rules of section
  2056(b)(10) shall apply'.
  (c) EFFECTIVE DATES-
  (1) SUBSECTION (a)-
  (A) IN GENERAL- Except as provided in subparagraph (B), the amendment made
  by subsection (a) shall apply to the estates of decedents dying after the
  date of the enactment of this Act.
  (B) EXCEPTION- The amendment made by subsection (a) shall not apply to any
  interest in property which passes (or has passed) to the surviving spouse
  of the decedent pursuant to a will (or revocable trust) in existence on
  the date of the enactment of this Act if--
  (i) the decedent dies on or before the date 3 years after such date of
  enactment, or
  (ii) the decedent was, on such date of enactment, under a mental disability
  to change the disposition of his property and did not regain his competence
  to dispose of such property before the date of his death.
The preceding sentence shall not apply if such will (or revocable trust) is
amended at any time after such date of enactment in any respect which will
increase the amount of the interest which so passes or alters the terms of
the transfer by which the interest so passes.
  (2) SUBSECTION (b)- The amendments made by subsection (b) shall apply to
  gifts made after the date of the enactment of this Act.
SEC. 1942. UNIFORM EXEMPTION AMOUNT FOR GAMBLING WINNINGS SUBJECT TO
WITHHOLDING.
  (a) IN GENERAL- Subparagraphs (A) and (C) of section 3402(q)(3) are each
  amended by striking `$1,000' and inserting `$5,000'.
  (b) EFFECTIVE DATE- The amendments made by subsection (a) shall apply to
  payments of winnings after December 31, 1992.
Subtitle C--Health Care of Coal Miners
SEC. 19141. SHORT TITLE.
  This subtitle may be cited as the `Coal Industry Retiree Health Benefit
  Act of 1992'.
SEC. 19142. FINDINGS AND DECLARATION OF POLICY.
  (a) FINDINGS- The Congress finds that--
  (1) the production, transportation, and use of coal substantially affects
  interstate and foreign commerce and the national public interest; and
  (2) in order to secure the stability of interstate commerce, it is necessary
  to modify the current private health care benefit plan structure for
  retirees in the coal industry to identify persons most responsible for
  plan liabilities in order to stabilize plan funding and allow for the
  provision of health care benefits to such retirees.
  (b) STATEMENT OF POLICY- It is the policy of this subtitle--
  (1) to remedy problems with the provision and funding of health care
  benefits with respect to the beneficiaries of multiemployer benefit plans
  that provide health care benefits to retirees in the coal industry;
  (2) to allow for sufficient operating assets for such plans; and
  (3) to provide for the continuation of a privately financed self-sufficient
  program for the delivery of health care benefits to the beneficiaries of
  such plans.
SEC. 19143. COAL INDUSTRY HEALTH BENEFITS PROGRAM.
  (a) IN GENERAL- The Internal Revenue Code of 1986 is amended by adding at
  the end the following new subtitle:
`Subtitle J--Coal Industry Health Benefits
`CHAPTER 99. Coal industry health benefits.
`CHAPTER 99--COAL INDUSTRY HEALTH BENEFITS
`SUBCHAPTER A--Definitions of general applicability.
`SUBCHAPTER B--Combined benefit fund.
`SUBCHAPTER C--Health benefits of certain miners.
`SUBCHAPTER D--Other provisions.
`Subchapter A--Definitions of General Applicability
`Sec. 9701. Definitions of general applicability.
`SEC. 9701. DEFINITIONS OF GENERAL APPLICABILITY.
  `(a) PLANS AND FUNDS- For purposes of this chapter--
  `(1) UMWA BENEFIT PLAN-
  `(A) IN GENERAL- The term `UMWA Benefit Plan' means a plan--
  `(i) which is described in section 404(c), or a continuation thereof; and
  `(ii) which provides health benefits to retirees and beneficiaries of the
  industry which maintained the 1950 UMWA Pension Plan.
  `(B) 1950 UMWA BENEFIT PLAN- The term `1950 UMWA Benefit Plan' means a
  UMWA Benefit Plan, participation in which is substantially limited to
  individuals who retired before 1976.
  `(C) 1974 UMWA BENEFIT PLAN- The term `1974 UMWA Benefit Plan' means a
  UMWA Benefit Plan, participation in which is substantially limited to
  individuals who retired on or after January 1, 1976.
  `(2) 1950 UMWA PENSION PLAN- The term `1950 UMWA Pension Plan' means
  a pension plan described in section 404(c) (or a continuation thereof),
  participation in which is substantially limited to individuals who retired
  before 1976.
  `(3) 1974 UMWA PENSION PLAN- The term `1974 UMWA Pension Plan' means
  a pension plan described in section 404(c) (or a continuation thereof),
  participation in which is substantially limited to individuals who retired
  in 1976 and thereafter.
  `(4) 1992 UMWA BENEFIT PLAN- The term `1992 UMWA Benefit Plan' means the
  plan referred to in section 9713A.
  `(5) COMBINED FUND- The term `Combined Fund' means the United Mine Workers
  of America Combined Benefit Fund established under section 9702.
  `(b) AGREEMENTS- For purposes of this section--
  `(1) COAL WAGE AGREEMENT- The term `coal wage agreement' means--
  `(A) the National Bituminous Coal Wage Agreement, or
  `(B) any other agreement entered into between an employer in the coal
  industry and the United Mine Workers of America that required or requires
  one or both of the following:
  `(i) the provision of health benefits to retirees of such employer,
  eligibility for which is based on years of service credited under a
  plan established by the settlors and described in section 404(c) or a
  continuation of such plan; or
  `(ii) contributions to the 1950 UMWA Benefit Plan or the 1974 UMWA Benefit
  Plan, or any predecessor thereof.
  `(2) SETTLORS- The term `settlors' means the United Mine Workers of America
  and the Bituminous Coal Operators' Association, Inc. (referred to in this
  chapter as the `BCOA').
  `(3) NATIONAL BITUMINOUS COAL WAGE AGREEMENT- The term `National Bituminous
  Coal Wage Agreement' means a collective bargaining agreement negotiated
  by the BCOA and the United Mine Workers of America.
  `(c) TERMS RELATING TO OPERATORS- For purposes of this section--
  `(1) SIGNATORY OPERATOR- The term `signatory operator' means a person
  which is or was a signatory to a coal wage agreement.
  `(2) RELATED PERSONS-
  `(A) IN GENERAL- A person shall be considered to be a related person to
  a signatory operator if that person is--
  `(i) a member of the controlled group of corporations (within the meaning
  of section 52(a)) which includes such signatory operator;
  `(ii) a trade or business which is under common control (as determined
  under section 52(b)) with such signatory operator; or
  `(iii) any other person who is identified as having a partnership interest
  or joint venture with a signatory operator in a business within the coal
  industry, but only if such business employed eligible beneficiaries,
  except that this clause shall not apply to a person whose only interest
  is as a limited partner.
A related person shall also include a successor in interest of any person
described in clause (i), (ii), or (iii).
  `(B) TIME FOR DETERMINATION- The relationships described in clauses (i),
  (ii), and (iii) of subparagraph (A) shall be determined as of July 20,
  1992, except that if, on July 20, 1992, a signatory operator is no longer in
  business, the relationships shall be determined as of the time immediately
  before such operator ceased to be in business.
  `(3) 1988 AGREEMENT OPERATOR- The term `1988 agreement operator' means--
  `(A) a signatory operator which was a signatory to the 1988 National
  Bituminous Coal Wage Agreement,
  `(B) an employer in the coal industry which was a signatory to an agreement
  containing pension and health care contribution and benefit provisions
  which are the same as those contained in the 1988 National Bituminous Coal
  Wage Agreement, or
  `(C) an employer from which contributions were actually received after 1987
  and before July 20, 1992, by the 1950 UMWA Benefit Plan or the 1974 UMWA
  Benefit Plan  in connection with employment in the coal industry during
  the period covered by the 1988 National Bituminous Coal Wage Agreement.
  `(4) LAST SIGNATORY OPERATOR- The term `last signatory operator' means,
  with respect to a coal industry retiree, a signatory operator which was
  the most recent coal industry employer of such retiree.
  `(5) ASSIGNED OPERATOR- The term `assigned operator' means, with respect to
  an eligible beneficiary defined in section 9703(f), the signatory operator
  to which liability under subchapter B with respect to the beneficiary is
  assigned under section 9706.
  `(6) OPERATORS OF DEPENDENT BENEFICIARIES- For purposes of this chapter,
  the signatory operator, last signatory operator, or assigned operator of
  any eligible beneficiary under this chapter who is a coal industry retiree
  shall be considered to be the signatory operator, last signatory operator,
  or assigned operator with respect to any other individual who is an eligible
  beneficiary under this chapter by reason of a relationship to the retiree.
  `(7) BUSINESS- For purposes of this chapter, a person shall be considered
  to be in business if such person conducts or derives revenue from any
  business activity, whether or not in the coal industry.
  `(d) ENACTMENT DATE- For purposes of this chapter, the term `enactment date'
  means the date of the enactment of this chapter.
`Subchapter B--Combined Benefit Fund
`Part I--Establishment and Benefits
`Part II--Financing
`Part III--Enforcement
`Part IV--Other Provisions
`PART I--ESTABLISHMENT AND BENEFITS
`Sec. 9702. Establishment of the United Mine Workers of America Combined
Benefit Fund.
`Sec. 9703. Plan benefits.
`SEC. 9702. ESTABLISHMENT OF THE UNITED MINE WORKERS OF AMERICA COMBINED
BENEFIT FUND.
  `(a) ESTABLISHMENT-
  `(1) IN GENERAL- As soon as practicable (but not later than 60 days) after
  the enactment date, the persons described in subsection (b) shall designate
  the individuals to serve as trustees. Such trustees shall create a new
  private plan to be known as the United Mine Workers of America Combined
  Benefit Fund.
  `(2) MERGER OF RETIREE BENEFIT PLANS- As of February 1, 1993, the settlors
  of the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan shall cause
  such plans to be merged into the Combined Fund, and such merger shall
  not be treated as an employer withdrawal for purposes of any 1988 coal
  wage agreement.
  `(3) TREATMENT OF PLAN- The Combined Fund shall be--
  `(A) a plan described in section 302(c)(5) of the Labor Management Relations
  Act, 1947 (29 U.S.C. 186(c)(5)),
  `(B) an employee welfare benefit plan within the meaning of section 3(1) of
  the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)), and
  `(C) a multiemployer plan within the meaning of section 3(37) of such Act
  (29 U.S.C. 1002(37)).
  `(4) TAX TREATMENT- For purposes of this title, the Combined Fund and any
  related trust shall be treated as an organization exempt from tax under
  section 501(a).
  `(b) BOARD OF TRUSTEES-
  `(1) IN GENERAL- For purposes of subsection (a), the board of trustees
  for the Combined Fund shall be appointed as follows:
  `(A) one individual who represents employers in the coal mining industry
  shall be designated by the BCOA;
  `(B) one individual shall be designated by the three employers, other than
  1988 agreement operators, who have been assigned the greatest number of
  eligible beneficiaries under section 9706;
  `(C) two individuals designated by the United Mine Workers of America; and
  `(D) three persons selected by the persons appointed under subparagraphs
  (A), (B), and (C).
  `(2) SUCCESSOR TRUSTEES- Any successor trustee shall be appointed in the
  same manner as the trustee being succeeded. The plan establishing the
  Combined Fund shall provide for the removal of trustees.
  `(3) SPECIAL RULES-
  `(A) BCOA- If the BCOA ceases to exist, any trustee or successor under
  paragraph (1)(A) shall be designated by the 3 employers who were members
  of the BCOA on the enactment date and who have been assigned the greatest
  number of eligible beneficiaries under section 9706.
  `(B) FORMER SIGNATORIES- The initial trustee under paragraph (1)(B) shall
  be designated by the 3 employers, other than 1988 agreement operators, which
  the records of the 1950 UMWA Benefit Plan and 1974 UMWA Benefit Plan indicate
  have the greatest number of eligible beneficiaries as of the enactment date,
  and such trustee and any successor shall serve until November 1, 1993.
  `(c) PLAN YEAR- The first plan year of the Combined Fund shall begin
  February 1, 1993, and end September 30, 1993. Each succeeding plan year
  shall begin on October 1 of each calendar year.
`SEC. 9703. PLAN BENEFITS.
  `(a) IN GENERAL- Each eligible beneficiary of the Combined Fund shall
  receive--
  `(1) health benefits described in subsection (b), and
  `(2) in the case of an eligible beneficiary described in subsection (f)(1),
  death benefits coverage described in subsection (c).
  `(b) HEALTH BENEFITS-
  `(1) IN GENERAL- The trustees of the Combined Fund shall provide health
  care benefits to each eligible beneficiary by enrolling the beneficiary in
  a health care services plan which undertakes to provide such benefits on a
  prepaid risk basis. The trustees shall utilize all available plan resources
  to ensure that, consistent with paragraph (2), coverage under the managed
  care system shall to the maximum extent feasible be substantially the same
  as (and subject to the same limitations of) coverage provided under the
  1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan as of January 1, 1992.
  `(2) PLAN PAYMENT RATES-
  `(A) IN GENERAL- The trustees of the Combined Fund shall negotiate payment
  rates with the health care services plans described in paragraph (1)
  for each plan year which are in amounts which--
  `(i) vary as necessary to ensure that beneficiaries in different geographic
  areas have access to a uniform level of health benefits; and
  `(ii) result in aggregate payments for such plan year from the Combined
  Fund which do not exceed the total premium payments required to be paid
  to the Combined Fund under section 9704(a) for the plan year, adjusted as
  provided in subparagraphs (B) and (C).
  `(B) REDUCTIONS- The amount determined under subparagraph (A)(ii) for any
  plan year shall be reduced--
  `(i) by the aggregate death benefit premiums determined under section
  9704(c) for the plan year, and
  `(ii) by the amount reserved for plan administration under subsection (d).
  `(C) INCREASES- The amount determined under subparagraph (A)(ii) shall
  be increased--
  `(i) by any reduction in the total premium payments required to be paid
  under section 9704(a) by reason of transfers described in section 9705,
  `(ii) by any carryover to the plan year from any preceding plan year which--
  `(I) is derived from amounts described in section 9704(e)(3)(B)(i), and
  `(II) the trustees elect to use to pay benefits for the current plan
  year, and
  `(iii) any interest earned by the Combined Fund which the trustees elect
  to use to pay benefits for the current plan year.
  `(3) QUALIFIED PROVIDERS- The trustees of the Combined Fund shall not enter
  into an agreement under paragraph (1) with any provider of services which
  is of a type which is required to be certified by the Secretary of Health
  and Human Services when providing services under title XVIII of the Social
  Security Act unless the provider is so certified.
  `(4) EFFECTIVE DATE- Benefits shall be provided under paragraph (1) on
  and after February 1, 1993.
  `(c) DEATH BENEFITS COVERAGE-
  `(1) IN GENERAL- The trustees of the Combined Fund shall provide death
  benefits coverage to each eligible beneficiary described in subsection
  (f)(1) which is identical to the benefits provided under the 1950 UMWA
  Pension Plan or 1974 UMWA Pension Plan, whichever is applicable, on July
  20, 1992. Such coverage shall be provided on and after February 1, 1993.
  `(2) TERMINATION OF COVERAGE- The 1950 UMWA Pension Plan and the 1974 UMWA
  Pension Plan shall each be amended to provide that death benefits coverage
  shall not be provided to eligible beneficiaries on and after February 1,
  1993. This paragraph shall not prohibit such plans from subsequently
  providing death benefits not described in paragraph (1).
  `(d) RESERVES FOR ADMINISTRATION- The trustees of the Combined Fund may
  reserve for each plan year, for use in payment of the administrative costs
  of the Combined Fund, an amount not to exceed 5 percent of the premiums
  to be paid to the Combined Fund under section 9704(a) during the plan year.
  `(e) LIMITATION ON ENROLLMENT- The Combined Fund shall not enroll any
  individual who is not receiving benefits under the 1950 UMWA Benefit Plan
  or the 1974 UMWA Benefit Plan as of July 20, 1992.
  `(f) ELIGIBLE BENEFICIARY- For purposes of this subchapter, the term
  `eligible beneficiary' means an individual who--
  `(1) is a coal industry retiree who, on July 20, 1992, was eligible to
  receive, and receiving, benefits from the 1950 UMWA Benefit Plan or the
  1974 UMWA Benefit Plan, or
  `(2) on such date was eligible to receive, and receiving, benefits in
  either such plan by reason of a relationship to such retiree.
`PART II--FINANCING
`Sec. 9704. Liability of assigned operators.
`Sec. 9705. Transfers.
`Sec. 9706. Assignment of eligible beneficiaries.
`SEC. 9704. LIABILITY OF ASSIGNED OPERATORS.
  `(a) ANNUAL PREMIUMS- Each assigned operator shall pay to the Combined
  Fund for each plan year beginning on or after February 1, 1993, an annual
  premium equal to the sum of the following three premiums--
  `(1) the health benefit premium determined under subsection (b) for such
  plan year, plus
  `(2) the death benefit premium determined under subsection (c) for such
  plan year, plus
  `(3) the unassigned beneficiaries premium determined under subsection (d)
  for such plan year.
Any related person with respect to an assigned operator shall be jointly
and severally liable for any premium required to be paid by such operator.
  `(b) HEALTH BENEFIT PREMIUM- For purposes of this chapter--
  `(1) IN GENERAL- The health benefit premium for any plan year for any
  assigned operator shall be an amount equal to the product of the per
  beneficiary premium for the plan year multiplied by the number of eligible
  beneficiaries assigned to such operator under section 9706.
  `(2) PER BENEFICIARY PREMIUM- The Secretary of Health and Human Services
  shall calculate a per beneficiary premium for each plan year beginning on
  or after February 1, 1993, which is equal to the sum of--
  `(A) the amount determined by dividing--
  `(i) the aggregate amount of payments from the 1950 UMWA Benefit Plan and
  the 1974 UMWA Benefit Plan for health benefits (less reimbursements but
  including administrative costs) for the plan year beginning July 1, 1991,
  for all individuals covered under such plans for such plan year, by
  `(ii) the number of such individuals, plus
  `(B) the amount determined under subparagraph (A) multiplied by the
  percentage (if any) by which the medical component of the Consumer Price
  Index for the calendar year in which the plan year begins exceeds such
  component for 1992.
  `(3) ADJUSTMENTS FOR MEDICARE REDUCTIONS- If, by reason of a reduction
  in benefits under title XVIII of the Social Security Act, the level of
  health benefits under the Combined Fund would be reduced, the trustees
  of the Combined Fund shall increase the per beneficiary premium for the
  plan year in which the reduction occurs and each subsequent plan year by
  the amount necessary to maintain the level of health benefits which would
  have been provided without such reduction.
  `(c) DEATH BENEFIT PREMIUM- The death benefit premium for any plan year
  for any assigned operator shall be equal to the applicable percentage
  of the amount, actuarially determined, which the Combined Fund will be
  required to pay during the plan year for death benefits coverage described
  in section 9703(c).
  `(d) UNASSIGNED BENEFICIARIES PREMIUM- The unassigned beneficiaries premium
  for any plan year for any assigned operator shall be equal to the applicable
  percentage of the product of the per beneficiary premium for the plan year
  multiplied by the number of eligible beneficiaries who are not assigned
  under section 9706 to any person for such plan year.
  `(e) PREMIUM ACCOUNTS; ADJUSTMENTS-
  `(1) ACCOUNTS- The trustees of the Combined Fund shall establish and maintain
  3 separate accounts for each of the premiums described in subsections (b),
  (c), and (d). Such accounts shall be credited with the premiums received
  and debited with expenditures allocable to such premiums.
  `(2) ALLOCATIONS-
  `(A) ADMINISTRATIVE EXPENSES- Administrative costs for any plan year
  shall be allocated to premium accounts under paragraph (1) on the basis of
  expenditures (other than administrative costs) from such accounts during
  the preceding plan year.
  `(B) INTEREST- Interest shall be allocated to the account established for
  health benefit premiums.
  `(3) SHORTFALLS AND SURPLUSES-
  `(A) IN GENERAL- Except as provided in subparagraph (B), if, for any
  plan year, there is a shortfall or surplus in any premium account, the
  premium for the following plan year for each assigned operator shall be
  proportionately reduced or increased, whichever is applicable, by the
  amount of such shortfall or surplus.
  `(B) EXCEPTION- Subparagraph (A) shall not apply to any surplus in the
  health benefit premium account or the unassigned beneficiaries premium
  account which is attributable to--
  `(i) the excess of the premiums credited to such account for a plan year
  over the benefits (and administrative costs) debited to such account for
  the plan year, but such excess shall only be available for purposes of the
  carryover described in section 9703(b)(2)(C)(ii) (relating to carryovers
  of premiums not used to provide benefits), or
  `(ii) interest credited under paragraph (2)(B) for the plan year or any
  preceding plan year.
  `(C) NO AUTHORITY FOR INCREASED PAYMENTS- Nothing in this paragraph shall
  be construed to allow expenditures for health care benefits for any plan
  year in excess of the limit under section 9703(b)(2).
  `(f) APPLICABLE PERCENTAGE- For purposes of this section--
  `(1) IN GENERAL- The term `applicable percentage' means, with respect to
  any assigned operator, the percentage determined by dividing the number
  of eligible beneficiaries assigned under section 9706 to such operator by
  the total number of eligible beneficiaries assigned under section 9706 to
  all such operators (determined on the basis of assignments as of October
  1, 1993).
  `(2) ANNUAL ADJUSTMENTS- In the case of any plan year beginning on or after
  October 1, 1994, the applicable percentage for any assigned operator shall
  be redetermined under paragraph (1) by making the following changes to
  the assignments as of October 1, 1993:
  `(A) Such assignments shall be modified to reflect any changes during
  the period beginning October 1, 1993, and ending on the last day of the
  preceding plan year pursuant to the appeals process under section 9706(f).
  `(B) The total number of assigned eligible beneficiaries shall be reduced
  by the eligible beneficiaries of assigned operators which (and all related
  persons with respect to which) had ceased business (within the meaning of
  section 9701(c)(6)) during the period described in subparagraph (A).
  `(g) PAYMENT OF PREMIUMS-
  `(1) IN GENERAL- The annual premium under subsection (a) for any plan year
  shall be payable in 12 equal monthly installments, due on the twenty-fifth
  day of each calendar month in the plan year. In the case of the plan year
  beginning February 1, 1993, the annual premium under subsection (a) shall
  be added to such premium for the plan year beginning October 1, 1993.
  `(2) DEDUCTIBILITY- Any premium required by this section shall be deductible
  without regard to any limitation on deductibility based on the prefunding
  of health benefits.
  `(h) INFORMATION- The trustees of the Combined Fund shall, not later than
  60 days after the enactment date, furnish to the Secretary of Health and
  Human Services information as to the benefits and covered beneficiaries
  under the fund, and such other information as the Secretary may require
  to compute any premium under this section.
  `(i) TRANSITION RULES-
  `(1) 1988 AGREEMENT OPERATORS-
  `(A) 1ST YEAR COSTS- During the plan year of the Combined Fund beginning
  February 1, 1993, the 1988 agreement operators shall make contributions to
  the Combined Fund in amounts necessary to pay benefits and administrative
  costs of the Combined Fund incurred during such year, reduced by the amount
  transferred to the Combined Fund under section 9705(a) on February 1, 1993.
  `(B) DEFICITS FROM MERGED PLANS- During the period beginning February 1,
  1993, and ending September 30, 1994, the 1988 agreement operators shall
  make contributions to the Combined Fund as are necessary to pay off the
  expenses accrued (and remaining unpaid) by the 1950 UMWA Benefit Plan and
  the 1974 UMWA Benefit Plan as of February 1, 1993, reduced by the assets
  of such plans as of such date.
  `(C) FAILURE- If any 1988 agreement operator fails to meet any obligation
  under this paragraph, any contributions of such operator to the Combined
  Fund or any other plan described in section 404(c) shall not be deductible
  under this title until such time as the failure is corrected.
  `(D) PREMIUM REDUCTIONS-
  `(i) 1ST YEAR PAYMENTS- In the case of a 1988 agreement operator making
  contributions under subparagraph (A), the premium of such operator under
  subsection (a) shall be reduced by the amount paid under subparagraph (A)
  by such operator for the plan year beginning February 1, 1993.
  `(ii) DEFICIT PAYMENTS- In the case a 1988 agreement operator making
  contributions under subparagraph (B), the premium of such operator under
  subsection (a) shall be reduced by the amounts which are paid to the
  Combined Fund by reason of claims arising in connection with the 1950
  UMWA Benefit Plan and the 1974 UMWA Benefit Plan as of February 1, 1993,
  including claims based on the `evergreen clause' found in the language of
  the 1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan, and which are
  allocated to such operator under subparagraph (E).
  `(iii) LIMITATION- Clause (ii) shall not apply to the extent the amounts
  paid exceed the contributions.
  `(iv) PLAN YEARS- Premiums under subsection (a) shall be reduced for the
  first plan year for which amounts described in clause (i) or (ii) are
  available and for any succeeding plan year until such amounts are exhausted.
  `(E) ALLOCATIONS OF CONTRIBUTIONS AND REFUNDS- Contributions under
  subparagraphs (A) and (B), and premium reductions under subparagraph
  (D)(ii), shall be made ratably on the basis of aggregate contributions
  made by such operators under the applicable 1988 coal wage agreements as
  of January 31, 1993.
  `(2) 1ST PLAN YEAR- In the case of the plan year of the Combined Fund
  beginning February 1, 1993--
  `(A) the premiums under subsections (a)(1) and (a)(3) shall be 67 percent
  of such premiums without regard to this paragraph, and
  `(B) the premiums under subsection (a) shall be paid as provided in
  subsection (g).
  `(3) STARTUP COSTS- The 1950 UMWA Benefit Plan and the 1974 UMWA Benefit
  Plan shall pay the costs of the Combined Fund incurred before February
  1, 1993. For purposes of this section, such costs shall be treated as
  administrative expenses incurred for the plan year beginning February
  1, 1993.
`SEC. 9705. TRANSFERS.
  `(a) TRANSFER OF ASSETS FROM 1950 UMWA PENSION PLAN-
  `(1) IN GENERAL- From the funds reserved under paragraph (2), the board of
  trustees of the 1950 UMWA Pension Plan shall transfer to the Combined Fund--
  `(A) $70,000,000 on February 1, 1993,
  `(B) $70,000,000 on October 1, 1993, and
  `(C) $70,000,000 on October 1, 1994.
  `(2) RESERVATION- Immediately upon the enactment date, the board of trustees
  of the 1950 UMWA Pension Plan shall segregate $210,000,000 from the general
  assets of the plan. Such funds shall be held in the plan until disbursed
  pursuant to paragraph (1). Any interest on such funds shall be deposited
  into the general assets of the 1950 UMWA Pension Plan.
  `(3) USE OF FUNDS- Amounts transferred to the Combined Fund under paragraph
  (1) shall--
  `(A) in the case of the transfer on February 1, 1993, be used to
  proportionately reduce the premium of each assigned operator under section
  9704(a) for the plan year of the Fund beginning February 1, 1993, and
  `(B) in the case of any other such transfer, be used to proportionately
  reduce the unassigned beneficiary premium under section 9704(a)(3) and the
  death benefit premium under section 9704(a)(2) of each assigned operator
  for the plan year in which transferred and for any subsequent plan year
  in which such funds remain available.
Such funds may not be used to pay any amounts required to be paid by the
1988 agreement operators under section 9704(i)(1)(B).
  `(4) TAX TREATMENT; VALIDITY OF TRANSFER-
  `(A) NO DEDUCTION- No deduction shall be allowed under this title with
  respect to any transfer pursuant to paragraph (1), but such transfer shall
  not adversely affect the deductibility (under applicable provisions of this
  title) of contributions previously made by employers, or amounts hereafter
  contributed by employers, to the 1950 UMWA Pension Plan, the 1950 UMWA
  Benefit Plan, the 1974 UMWA Pension Plan, the 1974 UMWA Benefit Plan,
  the 1992 UMWA Benefit Plan, or the Combined Fund.
  `(B) OTHER TAX PROVISIONS- Any transfer pursuant to paragraph (1)--
  `(i) shall not be treated as an employer reversion from a qualified plan
  for purposes of section 4980, and
  `(ii) shall not be includible in the gross income of any employer maintaining
  the 1950 UMWA Pension Plan.
  `(5) TREATMENT OF TRANSFER- Any transfer pursuant to paragraph (1) shall
  not be deemed to violate, or to be prohibited by, any provision of law,
  or to cause the settlors, joint board of trustees, employers or any related
  person to incur or be subject to liability, taxes, fines, or penalties of
  any kind whatsoever.
  `(b) TRANSFERS FROM ABANDONED MINE RECLAMATION FUND-
  `(1) IN GENERAL- The Combined Fund shall include any amount transferred to
  the Fund under section 402(h) of the Surface Mining Control and Reclamation
  Act of 1977 (30 U.S.C. 1232(h)).
  `(2) USE OF FUNDS- Any amount transferred under paragraph (1) for any fiscal
  year shall be used to proportionately reduce the unassigned beneficiary
  premium under section 9704(a)(3) of each assigned operator for the plan
  year in which transferred.
`SEC. 9706. ASSIGNMENT OF ELIGIBLE BENEFICIARIES.
  `(a) IN GENERAL- For purposes of this chapter, the Secretary of Health and
  Human Services shall, before October 1, 1993, assign each coal industry
  retiree who is an eligible beneficiary to a signatory operator which
  (or any related person with respect to which) remains in business in the
  following order:
  `(1) First, to the signatory operator which--
  `(A) was a signatory to the 1978 coal wage agreement or any subsequent
  coal wage agreement, and
  `(B) was the most recent signatory operator to employ the coal industry
  retiree in the coal industry for at least 2 years.
  `(2) Second, if the retiree is not assigned under paragraph (1), to the
  signatory operator which--
  `(A) was a signatory to the 1978 coal wage agreement or any subsequent
  coal wage agreement, and
  `(B) was the most recent signatory operator to employ the coal industry
  retiree in the coal industry.
  `(3) Third, if the retiree is not assigned under paragraph (1) or (2),
  to the signatory operator which employed the coal industry retiree in the
  coal industry for a longer period of time than any other signatory operator
  prior to the effective date of the 1978 coal wage agreement.
  `(b) RULES RELATING TO EMPLOYMENT AND REASSIGNMENT UPON PURCHASE- For
  purposes of subsection (a)--
  `(1) AGGREGATION RULES-
  `(A) RELATED PERSON- Any employment of a coal industry retiree in the
  coal industry by a signatory operator shall be treated as employment by
  any related persons to such operator.
  `(B) CERTAIN EMPLOYMENT DISREGARDED- Employment with--
  `(i) a person which is (and all related persons with respect to which are)
  no longer in business, or
  `(ii) a person during a period during which such person was not a signatory
  to a coal wage agreement,
shall not be taken into account.
  `(2) REASSIGNMENT UPON PURCHASE- If a person becomes a successor of an
  assigned operator after the enactment date, the assigned operator may
  transfer the assignment of an eligible beneficiary under subsection (a)
  to such successor, and such successor shall be treated as the assigned
  operator with respect to such eligible beneficiary for purposes of this
  chapter. Notwithstanding the preceding sentence, the assigned operator
  transferring such assignment (and any related person) shall remain the
  guarantor of the benefits provided to the eligible beneficiary under this
  chapter. An assigned operator shall notify the trustees of the Combined
  Fund of any transfer described in this paragraph.
  `(c) IDENTIFICATION OF ELIGIBLE BENEFICIARIES- The 1950 UMWA Benefit Plan
  and the 1974 UMWA Benefit Plan shall, by the later of October 1, 1992,
  or the twentieth day after the enactment date, provide to the Secretary of
  Health and Human Services a list of the names and social security account
  numbers of each eligible beneficiary, including each deceased eligible
  beneficiary if any other individual is an eligible beneficiary by reason
  of a relationship to such deceased eligible beneficiary. In addition,
  the plans shall provide, where ascertainable from plan records, the names
  of all persons described in subsection (a) with respect to any eligible
  beneficiary or deceased eligible beneficiary.
  `(d) COOPERATION BY OTHER AGENCIES AND PERSONS-
  `(1) COOPERATION- The head of any department, agency, or instrumentality
  of the United States shall cooperate fully and promptly with the Secretary
  of Health and Human Services in providing information which will enable
  the Secretary to carry out his responsibilities under this section.
  `(2) PROVIDING OF INFORMATION-
  `(A) IN GENERAL- Notwithstanding any other provision of law, including
  section 6103, the head of any other agency, department, or instrumentality
  shall, upon receiving a written request from the Secretary of Health
  and Human Services in connection with this section, cause a search to
  be made of the files and records maintained by such agency, department,
  or instrumentality with a view to determining whether the information
  requested is contained in such files or records. The Secretary shall be
  advised whether the search disclosed the information requested, and, if so,
  such information shall be promptly transmitted to the Secretary, except that
  if the disclosure of any requested information would contravene national
  policy or security interests of the United States, or the confidentiality
  of census data, the information shall not be transmitted and the Secretary
  shall be so advised.
  `(B) LIMITATION- Any information provided under subparagraph (A) shall be
  limited to information necessary for the Secretary to carry out his duties
  under this section.
  `(3) TRUSTEES- The trustees of the Combined Fund, the 1950 UMWA Benefit
  Plan, the 1974 UMWA Benefit Plan, the 1950 UMWA Pension Plan, and the 1974
  UMWA Pension Plan shall fully and promptly cooperate with the Secretary
  in furnishing, or assisting the Secretary to obtain, any information
  the Secretary needs to carry out the Secretary's responsibilities under
  this section.
  `(e) NOTICE BY SECRETARY-
  `(1) NOTICE TO FUND- The Secretary of Health and Human Services shall
  advise the trustees of the Combined Fund of the name of each person
  identified under this section as an assigned operator, and the names and
  social security account numbers of eligible beneficiaries with respect to
  whom he is identified.
  `(2) OTHER NOTICE- The Secretary of Health and Human Services shall notify
  each assigned operator of the names and social security account numbers
  of eligible beneficiaries who have been assigned to such person under
  this section and a brief summary of the facts related to the basis for
  such assignments.
  `(f) RECONSIDERATION BY SECRETARY-
  `(1) IN GENERAL- Any assigned operator receiving a notice under subsection
  (e)(2) with respect to an eligible beneficiary may, within 30 days of
  receipt of such notice, request from the Secretary of Health and Human
  Services detailed information as to the work history of the beneficiary
  and the basis of the assignment.
  `(2) REVIEW- An assigned operator may, within 30 days of receipt of the
  information under paragraph (1), request review of the assignment. The
  Secretary of Health and Human Services shall conduct such review if the
  Secretary finds the operator provided evidence with the request constituting
  a prima facie case of error.
  `(3) RESULTS OF REVIEW-
  `(A) ERROR- If the Secretary of Health and Human Services determines under
  a review under paragraph (2) that an assignment was in error--
  `(i) the Secretary shall notify the assigned operator and the trustees of
  the Combined Fund and the trustees shall reduce the premiums of the operator
  under section 9704 by (or if there are no such premiums, repay) all premiums
  paid under section 9704 with respect to the eligible beneficiary, and
  `(ii) the Secretary shall review the beneficiary's record for reassignment
  under subsection (a).
  `(B) NO ERROR- If the Secretary of Health and Human Services determines
  under a review conducted under paragraph (2) that no error occurred,
  the Secretary shall notify the assigned operator.
  `(4) DETERMINATIONS- Any determination by the Secretary of Health and
  Human Services under paragraph (2) or (3) shall be final.
  `(5) PAYMENT PENDING REVIEW- An assigned operator shall pay the premiums
  under section 9704 pending review by the Secretary of Health and Human
  Services or by a court under this subsection.
  `(6) PRIVATE ACTIONS- Nothing in this section shall preclude the right
  of any person to bring a separate civil action against another person for
  responsibility for assigned premiums, notwithstanding any prior decision
  by the Secretary.
  `(g) CONFIDENTIALITY OF INFORMATION- Any person to which information is
  provided by the Secretary of Health and Human Services under this section
  shall not disclose such information except in any proceedings related
  to this section. Any civil or criminal penalty which is applicable to an
  unauthorized disclosure under section 6103 shall apply to any unauthorized
  disclosure under this section.
`PART III--ENFORCEMENT
`Sec. 9707. Failure to pay premium.
`SEC. 9707. FAILURE TO PAY PREMIUM.
  `(a) GENERAL RULE- There is hereby imposed a penalty on the failure of
  any assigned operator to pay any premium required to be paid under section
  9704 with respect to any eligible beneficiary.
  `(b) AMOUNT OF PENALTY- The amount of the penalty imposed by subsection
  (a) on any failure with respect to any eligible beneficiary shall be $100
  per day in the noncompliance period with respect to any such failure.
  `(c) NONCOMPLIANCE PERIOD- For purposes of this section, the term
  `noncompliance period' means, with respect to any failure to pay any
  premium or installment thereof, the period--
  `(1) beginning on the due date for such premium or installment, and
  `(2) ending on the date of payment of such premium or installment.
  `(d) LIMITATIONS ON AMOUNT OF PENALTY-
  `(1) IN GENERAL- No penalty shall be imposed by subsection (a) on any
  failure during any period for which it is established to the satisfaction
  of the Secretary of the Treasury that none of the persons responsible for
  such failure knew, or exercising reasonable diligence, would have known,
  that such failure existed.
  `(2) CORRECTIONS- No penalty shall be imposed by subsection (a) on any
  failure if--
  `(A) such failure was due to reasonable cause and not to willful neglect, and
  `(B) such failure is corrected during the 30-day period beginning on the
  1st date that any of the persons responsible for such failure knew, or
  exercising reasonable diligence would have known, that such failure existed.
  `(3) WAIVER- In the case of a failure that is due to reasonable cause and
  not to willful neglect, the Secretary of the Treasury may waive all or
  part of the penalty imposed by subsection (a) for failures to the extent
  that the Secretary determines, in his sole discretion, that the payment
  of such penalty would be excessive relative to the failure involved.
  `(e) LIABILITY FOR PENALTY- The person failing to meet the requirements
  of section 9704 shall be liable for the penalty imposed by subsection (a).
  `(f) TREATMENT- For purposes of this title, the penalty imposed by this
  section shall be treated in the same manner as the tax imposed by section
  4980B.
`PART IV--OTHER PROVISIONS
`Sec. 9708. Effect on pending claims or obligations.
`SEC. 9708. EFFECT ON PENDING CLAIMS OR OBLIGATIONS.
  `All liability for contributions to the Combined Fund that arises on and
  after February 1, 1993, shall be determined exclusively under this chapter,
  including all liability for contributions to the 1950 UMWA Benefit Plan
  and the 1974 UMWA Benefit Plan for coal production on and after February 1,
  1993. However, nothing in this chapter is intended to have any effect on any
  claims or obligations arising in connection with the 1950 UMWA Benefit Plan
  and the 1974 UMWA Benefit Plan as of February 1, 1993, including claims or
  obligations based on the `evergreen' clause found in the language of the
  1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan. This chapter shall
  not be construed to affect any rights of subrogation of any 1988 agreement
  operator with respect to contributions due to the 1950 UMWA Benefit Plan
  or the 1974 UMWA Benefit Plan as of February 1, 1993.
`Subchapter C--Health Benefits of Certain Miners
`Part I--Individual employer plans
`Part II--1992 UMWA benefit plan
`PART I--INDIVIDUAL EMPLOYER PLANS
`Sec. 9711. Continued obligations of individual employer plans.
`SEC. 9711. CONTINUED OBLIGATIONS OF INDIVIDUAL EMPLOYER PLANS.
  `(a) COVERAGE OF CURRENT RECIPIENTS- The last signatory operator of
  any individual who, as of February 1, 1993, is receiving retiree health
  benefits from an individual employer plan maintained pursuant to a 1978 or
  subsequent coal wage agreement shall continue to provide health benefits
  coverage to such individual and the individual's eligible beneficiaries
  which is substantially the same as (and subject to all the limitations of)
  the coverage provided by such plan as of January 1, 1992. Such coverage
  shall continue to be provided for as long as the last signatory operator
  (and any related person) remains in business.
  `(b) COVERAGE OF ELIGIBLE RECIPIENTS-
  `(1) IN GENERAL- The last signatory operator of any individual who,
  as of February 1, 1993, is not receiving retiree health benefits under
  the individual employer plan maintained by the last signatory operator
  pursuant to a 1978 or subsequent coal wage agreement, but has met the age
  and service requirements for eligibility to receive benefits under such
  plan as of such date, shall, at such time as such individual becomes
  eligible to receive benefits under such plan, provide health benefits
  coverage to such individual and the individual's eligible beneficiaries
  which is described in paragraph (2). This paragraph shall not apply to any
  individual who retired from the coal industry after September 30, 1994,
  or any eligible beneficiary of such individual.
  `(2) COVERAGE- Subject to the provisions of subsection (d), health
  benefits coverage is described in this paragraph if it is substantially
  the same as (and subject to all the limitations of) the coverage provided
  by the individual employer plan as of January 1, 1992. Such coverage shall
  continue for as long as the last signatory operator (and any related person)
  remains in business.
  `(c) JOINT AND SEVERAL LIABILITY OF RELATED PERSONS- Each related person
  of a last signatory operator to which subsection (a) or (b) applies shall
  be jointly and severally liable with the last signatory operator for the
  provision of health care coverage described in subsection (a) or (b).
  `(d) MANAGED CARE AND COST CONTAINMENT- The last signatory operator shall
  not be treated as failing to meet the requirements of subsection (a) or (b)
  if benefits are provided to eligible beneficiaries under managed care and
  cost containment rules and procedures described in section 9712(c) or agreed
  to by the last signatory operator and the United Mine Workers of America.
  `(e) TREATMENT OF NONCOVERED EMPLOYEES- The existence, level, and duration
  of benefits provided to former employees of a last signatory operator
  (and their eligible beneficiaries) who are not otherwise covered by this
  chapter and who are (or were) covered by a coal wage agreement shall only
  be determined by, and shall be subject to, collective bargaining, lawful
  unilateral action, or other applicable law.
  `(f) ELIGIBLE BENEFICIARY- For purposes of this section, the term
  `eligible beneficiary' means any individual who is eligible for health
  benefits under a plan described in subsection (a) or (b) by reason of the
  individual's relationship with the retiree described in such subsection
  (or to an individual who, based on service and employment history at the
  time of death, would have been so described but for such death).
  `(g) RULES APPLICABLE TO THIS PART AND PART II- For purposes of this part
  and part II--
  `(1) SUCCESSOR- The term `last signatory operator' shall include a successor
  in interest of such operator.
  `(2) REASSIGNMENT UPON PURCHASE- If a person becomes a successor of a last
  signatory operator after the enactment date, the last signatory operator
  may transfer any liability of such operator under this chapter with respect
  to an eligible beneficiary to such successor, and such successor shall
  be treated as the last signatory operator with respect to such eligible
  beneficiary for purposes of this chapter. Notwithstanding the preceding
  sentence, the last signatory operator transferring such assignment (and
  any related person) shall remain the guarantor of the benefits provided
  to the eligible beneficiary under this chapter. A last signatory operator
  shall notify the trustees of the 1992 UMWA Benefit Plan of any transfer
  described in this paragraph.
`PART II--1992 UMWA BENEFIT PLAN
`Sec. 9712. Establishment and coverage of 1992 UMWA Benefit Plan.
`SEC. 9712. ESTABLISHMENT AND COVERAGE OF 1992 UMWA BENEFIT PLAN.
  `(a) CREATION OF PLAN-
  `(1) IN GENERAL- As soon as practicable after the enactment date, the
  settlors shall create a separate private plan which shall be known as the
  United Mine Workers of America 1992 Benefit Plan. For purposes of this title,
  the 1992 UMWA Benefit Plan shall be treated as an organization exempt
  from taxation under section 501(a). The settlors shall be responsible
  for designing the structure, administration and terms of the 1992 UMWA
  Benefit Plan, and for appointment and removal of the members of the board
  of trustees. The board of trustees shall initially consist of five members
  and shall thereafter be the number set by the settlors.
  `(2) TREATMENT OF PLAN- The 1992 UMWA Benefit Plan shall be--
  `(A) a plan described in section 302(c)(5) of the Labor Management Relations
  Act, 1947 (29 U.S.C. 186(c)(5)),
  `(B) an employee welfare benefit plan within the meaning of section 3(1) of
  the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(1)), and
  `(C) a multiemployer plan within the meaning of section 3(37) of such Act
  (29 U.S.C. 1002(37)).
  `(b) COVERAGE REQUIREMENT-
  `(1) IN GENERAL- The 1992 UMWA Benefit Plan shall only provide health
  benefits coverage to any eligible beneficiary who is not eligible for
  benefits under the Combined Fund and shall not provide such coverage to
  any other individual.
  `(2) ELIGIBLE BENEFICIARY- For purposes of this section, the term `eligible
  beneficiary' means an individual who--
  `(A) but for the enactment of this chapter, would be eligible to receive
  benefits from the 1950 UMWA Benefit Plan or the 1974 UMWA Benefit Plan,
  based upon age and service earned as of February 1, 1993; or
  `(B) with respect to whom coverage is required to be provided under section
  9711, but who does not receive such coverage from the applicable last
  signatory operator or any related person,
and any individual who is eligible for benefits by reason of a relationship
to an individual described in subparagraph (A) or (B). In no event shall
the 1992 UMWA Benefit Plan provide health benefits coverage to any eligible
beneficiary who is a coal industry retiree who retired from the coal industry
after September 30, 1994, or any beneficiary of such individual.
  `(c) HEALTH BENEFITS-
  `(1) IN GENERAL- The 1992 UMWA Benefit Plan shall provide health care
  benefits coverage to each eligible beneficiary which is substantially the
  same as (and subject to all the limitations of) coverage provided under the
  1950 UMWA Benefit Plan and the 1974 UMWA Benefit Plan as of January 1, 1992.
  `(2) MANAGED CARE- The 1992 UMWA Benefit Plan shall develop managed care and
  cost containment rules which shall be applicable to the payment of benefits
  under this subsection. Application of such rules shall not cause the plan
  to be treated as failing to meet the requirements of this subsection. Such
  rules shall preserve freedom of choice while reinforcing managed care
  network use by allowing a point of service decision as to whether a network
  medical provider will be used. Major elements of such rules may include,
  but are not limited to, elements described in paragraph (3).
  `(3) MAJOR ELEMENTS OF RULES- Elements described in this paragraph are--
  `(A) implementing formulary for drugs and subjecting the prescription
  program to a rigorous review of appropriate use,
  `(B) obtaining a unit price discount in exchange for patient volume and
  preferred provider status with the amount of the potential discount varying
  by geographic region,
  `(C) limiting benefit payments to physicians to the allowable charge under
  title XVIII of the Social Security Act, while protecting beneficiaries
  from balance billing by providers,
  `(D) utilizing, in the claims payment function `appropriateness of service'
  protocols under title XVIII of the Social Security Act if more stringent,
  `(E) creating mandatory utilization review (UR) procedures, but placing
  the responsibility to follow such procedures on the physician or hospital,
  not the beneficiaries,
  `(F) selecting the most efficient physicians and state-of-the-art utilization
  management techniques, including ambulatory care techniques, for medical
  services delivered by the managed care network, and
  `(G) utilizing a managed care network provider system, as practiced
  in the health care industry, at the time medical services are needed
  (point-of-service) in order to receive maximum benefits available under
  this subsection.
  `(4) LAST SIGNATORY OPERATORS- The board of trustees of the 1992 UMWA
  Benefit Plan shall permit any last signatory operator required to maintain
  an individual employer plan under section 9711 to utilize the managed care
  and cost containment rules and programs developed under this subsection
  if the operator elects to do so.
  `(5) STANDARDS OF QUALITY- Any managed care system or cost containment
  adopted by the board of trustees of the 1992 UMWA Benefit Plan or by a
  last signatory operator may not be implemented unless it is approved by,
  and meets the standards of quality adopted by, a medical peer review panel,
  which has been established--
  `(A) by the settlors, or
  `(B) by the United Mine Workers of America and a last signatory operator
  or group of operators.
Standards of quality shall include accessibility to medical care, taking
into account that accessibility requirements may differ depending on the
nature of the medical need.
  `(d) GUARANTEE OF BENEFITS-
  `(1) IN GENERAL- All 1988 last signatory operators shall be responsible
  for financing the benefits described in subsection (c), in accordance with
  contribution requirements established in the 1992 UMWA Benefit Plan. Such
  contribution requirements, which shall be applied uniformly to each 1988 last
  signatory operator, on the basis of the number of eligible and potentially
  eligible beneficiaries attributable to each operator, shall include:
  `(A) the payment of an annual prefunding premium for all eligible and
  potentially eligible beneficiaries attributable to a 1988 last signatory
  operator,
  `(B) the payment of a monthly per beneficiary premium by each 1988 last
  signatory operator for each eligible beneficiary of such operator who is
  described in subsection (b)(2) and who is receiving benefits under the
  1992 UMWA Benefit Plan, and
  `(C) the provision of security (in the form of a bond, letter of credit
  or cash escrow) in an amount equal to a portion of the projected future
  cost to the 1992 UMWA Benefit Plan of providing health benefits for
  eligible and potentially eligible beneficiaries attributable to the 1988
  last signatory operator. If a 1988 last signatory operator is unable to
  provide the security required, the 1992 UMWA Benefit Plan shall require
  the operator to pay an annual prefunding premium that is greater than the
  premium otherwise applicable.
  `(2) ADJUSTMENTS- The 1992 UMWA Benefit Plan shall provide for--
  `(A) annual adjustments of the per beneficiary premium to cover changes
  in the cost of providing benefits to eligible beneficiaries, and
  `(B) adjustments as necessary to the annual prefunding premium to reflect
  changes in the cost of providing benefits to eligible beneficiaries for
  whom per beneficiary premiums are not paid.
  `(3) ADDITIONAL LIABILITY- Any last signatory operator who is not a 1988
  last signatory operator shall pay the monthly per beneficiary premium
  under paragraph (1)(B) for each eligible beneficiary described in such
  paragraph attributable to that operator.
  `(4) JOINT AND SEVERAL LIABILITY- A 1988 last signatory operator or last
  signatory operator described in paragraph (3), and any related person to
  any such operator, shall be jointly and severally liable with such operator
  for any amount required to be paid by such operator under this section.
  `(5) DEDUCTIBILITY- Any premium required by this section shall be deductible
  without regard to any limitation on deductibility based on the prefunding
  of health benefits.
  `(6) 1988 LAST SIGNATORY OPERATOR- For purposes of this section, the term
  `1988 last signatory operator' means a last signatory operator which is
  a 1988 agreement operator.
`Subchapter D--Other Provisions
`Sec. 9721. Civil enforcement.
`Sec. 9722. Sham transactions.
`SEC. 9721. CIVIL ENFORCEMENT.
  `The provisions of section 4301 of the Employee Retirement Income Security
  Act of 1974 shall apply to any claim arising out of an obligation to
  pay any amount required to be paid by this chapter in the same manner as
  any claim arising out of an obligation to pay withdrawal liability under
  subtitle E of title IV of such Act. For purposes of the preceding sentence,
  a signatory operator and related persons shall be treated in the same
  manner as employers.
`SEC. 9722. SHAM TRANSACTIONS.
  `If a principal purpose of any transaction is to evade or avoid liability
  under this chapter, this chapter shall be applied (and such liability
  shall be imposed) without regard to such transaction.'
  (b) AMENDMENTS TO SURFACE MINING ACT-
  (1) EXTENSION OF FEE PROGRAM- Section 402(b) of the Surface Mining Control
  and Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
  `September 30, 1995' and inserting `September 30, 2004'.
  (2) TRANSFER TO FUND- Section 402 of such Act (30 U.S.C. 1232) is amended
  by adding at the end the following new subsection:
  `(h) TRANSFER OF FUNDS TO COMBINED FUND- (1) In the case of any fiscal
  year beginning on or after October 1, 1995, with respect to which fees
  are required to be paid under this section, the Secretary shall, as of the
  beginning of such fiscal year and before any allocation under subsection
  (g), make the transfer provided in paragraph (2).
  `(2) The Secretary shall transfer from the fund to the United Mine Workers of
  America Combined Benefit Fund established under section 9702 of the Internal
  Revenue Code of 1986 for any fiscal year an amount equal to the sum of--
  `(A) the amount of the interest which the Secretary estimates will be
  earned and paid to the Fund during the fiscal year, plus
  `(B) the amount by which the amount described in subparagraph (A) is less
  than $70,000,000.
  `(3)(A) The aggregate amount which may be transferred under paragraph (2)
  for any fiscal year shall not exceed the amount of expenditures which
  the trustees of the Combined Fund estimate will be debited against the
  unassigned beneficiaries premium account under section 9704(e) of the
  Internal Revenue Code of 1986 for the fiscal year of the Combined Fund in
  which the transfer is made.
  `(B) The aggregate amount which may be transferred under paragraph (2)(B)
  for all fiscal years shall not exceed an amount equivalent to all interest
  earned and paid to the fund after September 30, 1992, and before October
  1, 1995.
  `(4) If, for any fiscal year, the amount transferred is more or less than
  the amount required to be transferred, the Secretary shall appropriately
  adjust the amount transferred for the next fiscal year.'
  (3) CONFORMING AMENDMENTS- (A) Section 401(c) of such Act (30 U.S.C. 1231(c))
  is amended by striking `and' at the end of paragraph (11), by redesignating
  paragraph (12) as paragraph (13), and by adding after paragraph (11)
  the following new paragraph:
  `(12) for the purpose described in section 402(h); and'.
  (B) Section 402(g)(1) of such Act (30 U.S.C. 1232(g)) is amended by striking
  `Moneys' and inserting `Except as provided in subsection (h), moneys'.
TITLE XX--GENERAL PROVISIONS; REDUCTION OF OIL VULNERABILITY
SEC. 2001. GOALS.
  It is the goal of the United States in carrying out energy supply and
  energy conservation research and development--
  (1) to strengthen national energy security by reducing dependence on
  imported oil;
  (2) to increase the efficiency of the economy by meeting future needs
  for energy services at the lowest total cost to the Nation, including
  environmental costs, giving comparable consideration to technologies that
  enhance energy supply and technologies that improve the efficiency of
  energy end uses;
  (3) to reduce the air, water, and other environmental impacts (including
  emissions of greenhouse gases) of energy production, distribution,
  transportation, and utilization, through the development of an
  environmentally sustainable energy system;
  (4) to maintain the technological competitiveness of the United States and
  stimulate economic growth through the development of advanced materials
  and technologies;
  (5) to foster international cooperation by developing international
  markets for domestically produced sustainable energy technologies, and by
  transferring environmentally sound, advanced energy systems and technologies
  to developing countries to promote sustainable development;
  (6) to consider the comparative environmental and public health   impacts
  of the energy to be produced or saved by the specific activities;
  (7) to consider the obstacles inherent in private industry's  development of
  new energy technologies and steps necessary for establishing or maintaining
  technological leadership in the area of energy and energy efficiency
  resource technologies; and
  (8) to consider the contribution of a given activity to fundamental
  scientific knowledge.
Subtitle A--Oil and Gas Supply Enhancement
SEC. 2011. ENHANCED OIL RECOVERY.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program, in
  accordance with sections 3001 and 3002 of this Act, on technologies to
  increase the recoverability of domestic oil resources to--
  (1) improve reservoir characterization;
  (2) improve analysis and field verification;
  (3) field test and demonstrate enhanced oil recovery processes, including
  advanced processes, in reservoirs the Secretary considers to be of high
  priority, ranked primarily on the basis of oil recovery potential and risk
  of abandonment;
  (4) transfer proven recovery technologies to producers and operators of
  wells, including stripper wells, that would otherwise be likely to be
  abandoned in the near term due to declining production;
  (5) improve enhanced oil recovery process technology for more economic
  and efficient oil production;
  (6) identify and develop new recovery technologies;
  (7) study reservoir properties and how they affect oil recovery from
  porous media;
  (8) improve techniques for meeting environmental requirements;
  (9) improve data bases of reservoir and environmental conditions; and
  (10) lower lifting costs on stripper wells by utilizing advanced renewable
  energy technologies such as small wind turbines and others.
  (b) PROGRAM GOALS-
  (1) NEAR-TERM PRIORITIES- The near-term priorities of the program include
  preserving access to high potential reservoirs, identifying available
  technologies that can extend the lifetime of wells and of stripper well
  property, and developing environmental field operations for waste disposal
  and injection practices.
  (2) MID-TERM PRIORITIES- The mid-term priorities of the program include
  developing and testing identified but unproven technologies, and transferring
  those technologies for widespread use.
  (3) LONG-TERM PRIORITIES- The long-term priorities of the program include
  developing advanced techniques to recover oil not recoverable by other
  techniques.
  (c) ACCELERATED PROGRAM PLAN- Within 180 days after the date of enactment of
  this Act, the Secretary shall prepare and submit to the Congress a plan for
  carrying out under this section the accelerated field testing of technologies
  to achieve the priorities stated in subsection (b). In preparing the plan,
  the Secretary shall consult with appropriate representatives of industry,
  institutions of higher education, Federal agencies, including national
  laboratories, and professional and technical societies, and with the
  Advisory Board established under section 2302.
  (d) PROPOSALS- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
  (e) CONSULTATION- In carrying out the provisions of this section, the
  Secretary shall consult representatives of the oil and gas industry with
  respect to innovative research and development proposals to improve oil
  and gas recovery and shall consider relevant technical data from industry
  and other research and information centers and institutes.
  (f) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section, including advanced extraction
  and process technology, $57,250,000 for fiscal year 1993 and $70,000,000
  for fiscal year 1994.
SEC. 2012. OIL SHALE.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program, in
  accordance with sections 3001 and 3002 of this Act, on oil shale extraction
  and conversion, including research and development on both eastern and
  western shales, as provided in this section.
  (b) PROGRAM GOALS- The goals of the program established under this section
  include--
  (1) supporting the development of economically competitive and
  environmentally acceptable technologies to produce domestic supplies of
  liquid fuels from oil shale;
  (2) increasing knowledge of environmentally acceptable oil shale waste
  disposal technologies and practices;
  (3) increasing knowledge of the chemistry and kinetics of oil shale
  retorting;
  (4) increasing understanding of engineering issues concerning the design
  and scale-up of oil shale extraction and conversion technologies;
  (5) improving techniques for oil shale mining systems; and
  (6) providing for cooperation with universities and other private sector
  entities.
  (c) EASTERN OIL SHALE PROGRAM- (1) As part of the program authorized by this
  section, the Secretary shall carry out a program on oil shale that includes
  applied research, in cooperation with universities and the private sector,
  on eastern oil shale that may have the potential to decrease United States
  dependence on energy imports.
  (2) As part of the program authorized by this subsection, the Secretary
  shall consider the potential benefits of including in that program applied
  research carried out in cooperation with universities and other private
  sector entities that are, as of the date of enactment of this Act, engaged
  in research on eastern oil shale retorting and associated processes.
  (3) The program carried out under this subsection shall be cost-shared
  with universities and the private sector to the maximum extent possible.
  (d) WESTERN OIL SHALE PROGRAM- As part of the program authorized by
  this section, the Secretary shall carry out a program on extracting oil
  from western oil shales that includes, if appropriate, establishment
  and utilization of at least one field testing center for the purpose of
  testing, evaluating, and developing improvements in oil shale technology
  at the field test level. In establishing such a center, the Secretary shall
  consider sites with existing oil shale mining and processing infrastructure
  and facilities. Sixty days prior to establishing any such field testing
  center, the Secretary shall submit a report to Congress on the center to
  be established.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section $5,250,000 for fiscal year
  1993 and $6,000,000 for fiscal year 1994.
SEC. 2013. NATURAL GAS SUPPLY.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, to increase the
  recoverable natural gas resource base including, but not limited to--
  (1) more intensive recovery of natural gas from discovered conventional
  resources;
  (2) the extraction of natural gas from tight gas sands and devonian shales
  or other unconventional sources;
  (3) surface gasification of coal; and
  (4) recovery of methane from biofuels including municipal solid waste.
  (b) PROPOSALS- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
  (c) COFIRING OF NATURAL GAS AND COAL-
  (1) PROGRAM- The Secretary shall establish and carry out a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, on cofiring natural
  gas with coal in utility and large industrial boilers in order to determine
  optimal natural gas injection levels for both environmental and operational
  benefits.
  (2) FINANCIAL ASSISTANCE- The Secretary shall enter into agreements with,
  and provide financial assistance to, appropriate parties for application
  of cofiring technologies to boilers to demonstrate this technology.
  (3) REPORT TO CONGRESS- The Secretary shall, before December 31, 1995,
  submit to the Congress a report on the progress made in carrying out
  this subsection.
  (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section and sections 2014 and 2015,
  $29,745,000 for fiscal year 1993 and $45,000,000 for fiscal year 1994.
SEC. 2014. NATURAL GAS END-USE TECHNOLOGIES.
  The Secretary shall carry out a 5-year program, in accordance with sections
  3001 and 3002 of this Act, on new and advanced natural gas utilization
  technologies including, but not limited to--
  (1) stationary source emissions control and efficiency  improvements
  including combustion systems, industrial  processes, cogeneration, and
  waste fuels; and
  (2) natural gas storage including increased  deliverability from existing
  gas storage facilities and new capabilities for storage near demand centers,
  and on-site storage at major energy consuming facilities.
SEC. 2015. MIDCONTINENT ENERGY RESEARCH CENTER.
  (a) FINDING- Congress finds that petroleum resources in the midcontinent
  region of the United States are very large but are being prematurely
  abandoned.
  (b) PURPOSES- The purposes of this section are to--
  (1) improve the efficiency of petroleum recovery;
  (2) increase ultimate petroleum recovery; and
  (3) delay the abandonment of resources.
  (c) ESTABLISHMENT- The Secretary may establish the Midcontinent Energy
  Research Center (referred to in this section as the `Center') to--
  (1) conduct research in petroleum geology and engineering focused on
  improving the recovery of petroleum from existing fields and established
  plays in the upper midcontinent region of the United States; and
  (2) ensure that the results of the research described in paragraph (1)
  are transferred to users.
  (d) RESEARCH-
  (1) IN GENERAL- In conducting research under this section, the Center
  shall, to the extent practicable, cooperate with agencies of the Federal
  Government, the States in the midcontinent region of the United States,
  and the affected industry.
  (2) PROGRAMS- Research programs conducted by the Center may include--
  (A) data base development and transfer of technology;
  (B) reservoir management;
  (C) reservoir characterization;
  (D) advanced recovery methods; and
  (E) development of new technology.
Subtitle B--Oil and Gas Demand Reduction and Substitution
SEC. 2021. GENERAL TRANSPORTATION.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, on cost effective
  technologies to reduce the demand for oil in the transportation sector
  for all motor vehicles, including existing vehicles, through increased
  energy efficiency and the use of alternative fuels. Such program shall
  include a broad range of technological approaches, and shall include field
  demonstrations of sufficient scale and number in operating environments
  to prove technical and economic viability to meet the goals stated in
  section 2001. Such program shall include the activities required under
  sections 2022 through 2027, and ongoing activities of a similar nature at
  the Department of Energy.
  (b) PROGRAM PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary shall prepare and submit to the Congress a 5-year program plan
  to guide activities under this subtitle. In preparing the program plan,
  the Secretary shall consult with appropriate representatives of industry,
  utilities, institutions of higher education, Federal agencies, including
  national laboratories, and professional and technical societies.
  (c) PROPOSALS- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
  (d) DEFINITION- For purposes of this subtitle, the term `alternative fuels'
  includes natural gas, liquefied petroleum gas, hydrogen, fuels other
  than alcohol that are derived from biological materials, and any fuel
  the content of which is at least 85 percent by volume methanol, ethanol,
  or other alcohol.
  (e) AUTHORIZATION OF APPROPRIATIONS- (1) There are authorized to be
  appropriated to the Secretary for carrying out this subtitle, including
  all transportation sector energy conservation research and development
  (other than activities under section 2025) and all transportation sector
  biofuels energy systems under solar energy, $119,144,000 for fiscal year
  1993 and $160,000,000 for fiscal year 1994.
  (2) There are authorized to be appropriated to the Secretary for carrying
  out section 2025--
  (A) $60,300,000 for fiscal year 1993;
  (B) $75,000,000 for fiscal year 1994;
  (C) $80,000,000 for fiscal year 1995;
  (D) $80,000,000 for fiscal year 1996;
  (E) $90,000,000 for fiscal year 1997; and
  (F) $100,000,000 for fiscal year 1998.
SEC. 2022. ADVANCED AUTOMOTIVE FUEL ECONOMY.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a program, in accordance
  with sections 3001 and 3002 of this Act, to supplement ongoing research
  activities of a similar nature at the Department of Energy, to accelerate the
  near-term and mid-term development of advanced technologies to improve the
  fuel economy of light-duty passenger vehicles powered by a piston engine, and
  hybrid vehicles powered by a combination of piston engine and electric motor.
  (b) PROGRAM GOAL- The goal of the program established under subsection
  (a) shall be to stimulate the development of emerging technologies with
  the potential to achieve significant improvements in fuel economy while
  reducing emissions of air pollutants.
  (c) PROPOSALS- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under this
  section, making a special effort to involve small businesses in the program.
SEC. 2023. ALTERNATIVE FUEL VEHICLE PROGRAM.
  (a) PROGRAM DIRECTION- The Secretary shall carry out a program, in accordance
  with sections 3001 and 3002 of this Act, on techniques related to improving
  natural gas and other alternative fuel vehicle technology, including--
  (1) fuel injection;
  (2) carburetion;
  (3) manifolding;
  (4) combustion;
  (5) power optimization;
  (6) efficiency;
  (7) lubricants and detergents;
  (8) engine durability;
  (9) ignition, including fuel additives to assist ignition;
  (10) multifuel engines;
  (11) emissions control, including catalysts;
  (12) novel gas compression concepts;
  (13) advanced storage systems;
  (14) advanced gaseous fueling technologies; and
  (15) the incorporation of advanced materials in these areas.
  (b) COOPERATIVE AGREEMENTS AND ASSISTANCE- The Secretary may enter into
  cooperative agreements with, and provide financial assistance to, public
  or private entities willing to provide 50 percent of the costs of a program
  to perform activities under subsection (a).
  (c) DEFINITIONS- For purposes of this section--
  (1) the term `alternative fuel vehicle' means a motor vehicle that operates
  on alternative fuels; and
  (2) the term `motor vehicle' includes any automobile, truck, bus, van,
  or other on-road or off-road motor vehicle, including a boat.
SEC. 2024. BIOFUELS USER FACILITY.
  (a) The Secretary shall establish a biofuels user facility to expedite
  industry adoption of biofuels technologies, including production of alcohol
  fuels from biomass.
  (b) The Secretary, through such universities and colleges as the Secretary
  determines are qualified, shall establish a program, in accordance with
  sections 3001 and 3002 of this Act, with respect to the production and
  use of diesel fuels from vegetable oils or animal fats. The program shall
  investigate--
  (1) the economic feasibility of production of oilseed crops for biofuels
  purposes; and
  (2) the establishment of a mobile small-scale oilseed pressing and
  esterification unit and a stationary small-scale commercial oilseed pressing
  and esterification unit.
SEC. 2025. ELECTRIC MOTOR VEHICLES AND ASSOCIATED EQUIPMENT RESEARCH AND
DEVELOPMENT.
  (a) GENERAL- The Secretary shall conduct, pursuant to the Federal Nonnuclear
  Energy Research and Development Act of 1974 (42 U.S.C. 5901-5920), a
  research and development program on electric motor vehicles and associated
  equipment. Such program shall be conducted in cooperation with the electric
  utility industry, and automobile industry, battery manufacturers, and such
  other persons as the Secretary considers appropriate.
  (b) COMPREHENSIVE PLAN- (1) The Secretary shall prepare a comprehensive
  5-year program plan for carrying out the purposes of this section. Such
  comprehensive plan shall be updated annually for a period of not less than
  10 years after the date of enactment of this Act.
  (2) The comprehensive plan under paragraph (1) shall be prepared in
  consultation with the Administrator of the Environmental Protection Agency,
  the Secretary of Transportation, the Secretary of Commerce, the heads of
  other appropriate Federal agencies, representatives of the electric utility
  industry, electric motor vehicle manufacturers, the United States automobile
  industry, and such other persons as the Secretary considers appropriate.
  (3) The comprehensive plan shall include--
  (A) a prioritization of research areas critical to the commercialization
  of electric motor vehicles, including advanced battery technology;
  (B) the program elements, management structure, and activities, including
  program responsibilities, of Federal agencies;
  (C) the program strategies, including technical milestones to be achieved
  toward specific goals during each fiscal year of the comprehensive plan
  for all major activities and projects;
  (D) the estimated costs of individual program elements, including estimated
  costs for each of the fiscal years of the comprehensive plan for each of
  the participating Federal agencies;
  (E) a description of the methods of technology transfer;
  (F) a proposal for participation by non-Federal entities in the
  implementation of the comprehensive plan; and
  (G) such other information as the Secretary considers appropriate.
  (4) Not later than 180 days after the date of enactment of this Act, the
  Secretary shall transmit the comprehensive plan to the Congress. Annual
  updates shall be submitted to the Congress.
  (c) COOPERATIVE AGREEMENTS- The Secretary, consistent with the comprehensive
  plan under subsection (b), may enter into cooperative agreements to conduct
  research and development projects with industry in such areas of technology
  development as--
  (1) high efficiency electric power trains, including advanced motors,
  motor controllers, and hybrid power trains for electric motor vehicle
  range improvement;
  (2) light-weight structures for electric motor vehicle weight reduction;
  (3) advanced batteries with high energy density and power density, and
  improved range or recharging cycles for a given unit weight, for electric
  motor vehicle application;
  (4) hybrid power trains incorporating an electric motor and recyclable
  battery charged by an onboard liquid fuel engine, designed to significantly
  improve fuel economies while maintaining acceleration characteristics
  comparable to a conventionally fueled vehicle;
  (5) batteries and fuel cells for electric-hybrid vehicle application;
  (6) fuel cells and fuel cell systems for primary electric motor vehicle
  power sources; and
  (7) photovoltaics for use with electric motor vehicles.
  (d) SOLICITATION OF PROPOSALS- (1) Within one year after the date of
  enactment of this Act, the Secretary shall solicit proposals for cooperative
  agreements for research and development under subsection (c).
  (2) Thereafter, the Secretary may solicit additional proposals for
  cooperative agreements under subsection (c) if, in the judgment of the
  Secretary, such cooperative agreements could contribute to the development
  of electric motor vehicles and associated equipment.
  (e) COST-SHARING- (1) The Secretary shall require at least 50 percent of
  the costs directly and specifically related to any cooperative agreement
  under this section, other than a cooperative agreement under subsection
  (j), to be from non-Federal sources. Such share may be in the form of cash,
  personnel, services, equipment, and other resources.
  (2) The Secretary may reduce the amount of costs required to be provided
  by non-Federal sources under paragraph (1), if the Secretary determines
  that the reduction is necessary and appropriate--
  (A) considering the technological risks involved in the project; and
  (B) in order to meet the objectives of this section.
  (f) DEPLOYMENT- (1) The Secretary shall conduct a program designed
  to accelerate deployment of advanced battery technologies for use with
  electric motor vehicles.
  (2) In carrying out the program authorized by this subsection, the
  Secretary shall--
  (A) undertake an inventory and assessment of advanced battery technologies
  and electric motor vehicle technologies and the commercial capability of
  such technologies; and
  (B) develop a Federal industry information exchange program to improve the
  deployment or use of such technologies, which may consist of workshops,
  publications, conferences, and a data base for use by the public and
  private sectors.
  (g) DOMESTIC PARTS MANUFACTURERS- In carrying out this section, the
  Secretary, in consultation with the Secretary of Commerce, shall issue
  regulations to ensure that the procurement practices of participating
  electric motor vehicle and associated equipment manufacturers do not
  discriminate against the United States manufacturers of vehicle parts.
  (h) HOLD HARMLESS- Nothing in this section shall be construed to alter,
  affect, modify, or change any activities or agreements initiated prior to
  the date of enactment of this Act with domestic motor vehicle manufacturers
  through joint venture or consortium agreements regarding batteries for
  electric motor vehicles.
  (i) CONSULTATION- The Secretary shall consult with the Administrator of
  the Environmental Protection Agency and the Secretary of Transportation
  in carrying out this section.
  (j) FUEL CELLS FOR TRANSPORTATION- (1) The Secretary shall develop and
  implement a comprehensive program of research, development, and demonstration
  of fuel cells and related systems for transportation applications through
  the establishment of one or more cooperative programs among industry,
  government, and research institutions to develop and demonstrate the use
  of fuel cells as the primary power source for private and mass transit
  vehicles and other mobile applications.
  (2) Research, development, and demonstration activities under this subsection
  shall be designed to incorporate one or more of the following priorities:
  (A) The potential for near-term to mid-term commercialization.
  (B) The ability of the systems to use a variety of renewable and nonfossil
  fuels.
  (C) Emission reduction and energy conservation potential.
  (D) The potential to utilize fuel cells and fuel cell systems developed
  under Department of Defense and National Aeronautics and Space Administration
  programs.
  (E) The potential to take maximum practical advantage of advances made
  in electric motor vehicle research, stationary source fuel cell research,
  and other research activities authorized by this title.
  (3)(A) Research, development, and demonstration projects selected by the
  Secretary under this subsection shall apply to--
  (i) passenger vehicles;
  (ii) vans and utility vehicles;
  (iii) light rail systems and locomotives;
  (iv) trucks, including long-haul trucks, dump trucks, and garbage trucks;
  (v) passenger buses;
  (vi) non-chlorofluorocarbon mobile refrigeration systems;
  (vii) marine vessels, including recreational marine engines; or
  (viii) mobile engines and power generation, including recreational
  generators, and industrial and construction equipment.
  (B) The Secretary shall establish programs to undertake research,
  development, and demonstration activities for the applications listed in
  clauses (i) through (viii) of subparagraph (A) in each of fiscal years 1993,
  1994, 1995, and 1996, based on the priorities established in paragraph (2),
  so that by the end of the period, research, development, and demonstration
  activities are under way for the applications under each such clause. The
  initiatives authorized and implemented pursuant to this subsection shall
  be in addition to any other fuel cell programs authorized in existing law.
  (k) DEFINITIONS- For purposes of this section--
  (1) the term `advanced battery technology' means electrochemical storage
  devices and systems, including fuel cells, and associated technology
  necessary to charge, discharge, recharge, or regenerate such devices,
  for use as a source of power for an electric motor vehicle and any other
  associated equipment;
  (2) the term `associated equipment' means equipment necessary for the
  regeneration, refueling, or recharging of batteries or other forms of
  electric energy used to power an electric motor vehicle and, in the case of
  electric-hybrid vehicles, such term includes nonpetroleum-related equipment
  necessary for, and solely related to, the demonstration of such vehicles;
  (3) the term `electric motor vehicle' means a motor vehicle primarily
  powered by an electric motor that draws current from rechargeable storage
  batteries, fuel cells, photovoltaic arrays, or other sources of electric
  current and may include an electric-hybrid vehicle; and
  (4) the term `electric-hybrid vehicle' means vehicle primarily powered by
  an electric motor that draws current from rechargeable storage batteries,
  fuel cells, or other sources of electric current and also relies on
  a nonelectric source of power that also operates on or is capable of
  operating on a nonelectrical source of power.
SEC. 2026. RENEWABLE HYDROGEN ENERGY.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program, in
  accordance with sections 3001 and 3002 of this Act, on renewable hydrogen
  energy systems. Such program shall be conducted in accordance with the Spark
  M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990
  (Public Law 101-566), to supplement ongoing activities of a similar nature
  at the Department of Energy, including--
  (1) at least one program to generate hydrogen from renewable energy sources;
  (2) at least one program to assess the feasibility of existing natural
  gas pipelines carrying hydrogen gas, including experimentation if needed,
  with a goal of determining those components of the natural gas distribution
  system that would have to be modified to carry--
  (A) more than 20 percent hydrogen mixed with natural gas; and
  (B) pure hydrogen gas;
  (3) at least one program to develop a hydrogen storage system suitable
  for electric motor vehicles powered by fuel cells, with emphasis on--
  (A) improved metal hydride hydrogen storage;
  (B) activated carbon-based hydrogen storage;
  (C) high pressure compressed hydrogen; or
  (D) other novel hydrogen storage techniques;
  (4) at least one program to develop a fuel cell suitable to power an
  electric motor vehicle; and
  (5) such other programs as the Secretary considers necessary to carry out
  this section.
  (b) PROPOSALS- Within 180 days after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
SEC. 2027. ADVANCED DIESEL EMISSIONS PROGRAM.
  (a) PROGRAM DIRECTION- The Secretary shall initiate a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, on diesel
  engine combustion and engine systems, related advanced materials,
  and fuels and lubricants to reduce emissions oxides of nitrogen and
  particulates. Activities conducted under this program shall supplement
  activities of a similar nature at the Department of Energy. Such program
  shall include field demonstrations of sufficient scale and number in
  operating environments to prove technical and economic viability to meet
  the goal stated in subsection (b).
  (b) PROGRAM GOAL- The goal of the program established under subsection (a)
  shall be to accelerate the ability of United States diesel manufacturers
  to meet current and future oxides of nitrogen and particulate emissions
  requirements.
  (c) PROGRAM PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary, in consultation with appropriate representatives of industry,
  institutions of higher education, Federal agencies, including national
  laboratories, and professional and technical societies, shall prepare and
  submit to the Congress a 5-year program plan to guide the activities under
  this section. Such plan shall be included as part of the plan required by
  section 2021(b).
  (d) SOLICITATION OF PROPOSALS- Within 1 year after the date of enactment of
  this Act, the Secretary shall solicit proposals for conducting activities
  consistent with the 5-year program plan.
SEC. 2028. TELECOMMUTING STUDY.
  (a) STUDY- The Secretary, in consultation with the Secretary of
  Transportation, shall conduct a study of the potential costs and benefits
  to the energy and transportation sectors of telecommuting. The study
  shall include--
  (1) an estimation of the amount and type of reduction of commuting by form
  of transportation type and numbers of commuters;
  (2) an estimation of the potential number of lives  saved;
  (3) an estimation of the reduction in environmental pollution, in
  consultation with the Environmental Protection  Agency;
  (4) an estimation of the amount and type of reduction of energy use and
  savings by form of transportation type;  and
  (5) an estimation of the social impact of widespread  use of telecommuting.
  (b) This study shall be completed no more than one hundred and eighty
  days after the date of enactment of this Act. A report, summarizing the
  results of the study, shall be transmitted to the United States House of
  Representatives and the Committee on Energy and Natural Resources of the
  United States Senate no more than sixty days after completion of this study.
TITLE XXI--ENERGY AND ENVIRONMENT
Subtitle A--Improved Energy Efficiency
SEC. 2101. GENERAL IMPROVED ENERGY EFFICIENCY.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, on cost effective
  technologies to improve energy efficiency and increase the use of renewable
  energy in the buildings, industrial, and utility sectors. Such program
  shall include a broad range of technological approaches, and shall include
  field demonstrations of sufficient scale and number to prove technical
  and economic viability to meet the goals stated in section 2001. Such
  program shall include the activities required under sections 2102, 2103,
  2104, 2105, 2106, 2107, and 2108 and ongoing activities of a similar
  nature at the Department of Energy. Such program shall also include the
  activities conducted pursuant to the Steel and Aluminum Energy Conservation
  and Technology Competitiveness Act of 1988 (Public Law 100-680) and the
  Department of Energy Metal Casting Competitiveness Research Act of 1990
  (Public Law 101-425).
  (b) PROGRAM GOALS- The goals of the program established under subsection
  (a) shall include--
  (1) in the buildings sector--
  (A) to accelerate the development of technologies that will increase
  energy efficiency;
  (B) to increase the use of renewable energy; and
  (C) to reduce environmental impacts;
  (2) in the industrial sector--
  (A) to accelerate the development of technologies that will increase energy
  efficiency in order to improve productivity;
  (B) to increase the use of renewable energy; and
  (C) to reduce environmental impacts; and
  (3) in the utility sector--
  (A) to accelerate the development of technologies that will increase energy
  efficiency; and
  (B) to increase the use of integrated resource planning.
  (c) PROGRAM PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary shall prepare and submit to the Congress a 5-year program plan
  to guide activities under this subtitle. In preparing the program plan,
  the Secretary shall consult with appropriate representatives of industry,
  utilities, institutions of higher education, Federal agencies, including
  national laboratories, and professional and technical societies.
  (d) PROPOSALS- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this subtitle, including all building,
  industry, and utility sectors energy conservation research and development,
  and inventions and innovation under energy conservation technical and
  financial assistance, $178,250,000 for fiscal year 1993 and $275,000,000
  for fiscal year 1994.
SEC. 2102. NATURAL GAS AND ELECTRIC HEATING AND COOLING TECHNOLOGIES.
  (a) PROGRAM DIRECTION- (1) The Secretary shall conduct a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, on energy efficient
  natural gas and electric heating and cooling technologies for residential
  and commercial buildings.
  (2) The natural gas heating and cooling program shall include activities on--
  (A) thermally activated heat pumps, including absorption heat pumps and
  engine-driven heat pumps; and
  (B) other advanced natural gas technologies, including fuel cells for
  residential and commercial applications.
  (3) The electric heating and cooling program shall focus on--
  (A) advanced heat pumps;
  (B) thermal storage; and
  (C) advanced electric HVAC (heating, ventilating, and air conditioning)
  and refrigeration systems that utilize replacements for chlorofluorocarbons.
  (b) PROPOSALS- Within 180 days after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
SEC. 2103. PULP AND PAPER.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, on advanced pulp
  and paper technologies. Such program shall include activities on energy
  generation technologies, boilers, combustion processes, pulping processes
  (excluding de-inking), chemical recovery, causticizing, source reduction
  processes, and other related technologies that can improve the energy
  efficiency of, and reduce the adverse environmental impacts of, pulp and
  papermaking operations. This section does not authorize projects involving
  the combustion of waste paper, other than gasification.
  (b) PROPOSALS- Within 180 days after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
SEC. 2104. ADVANCED BUILDINGS FOR 2005.
  (a) PROGRAM DIRECTION- The Secretary shall initiate a 5-year program, in
  accordance with sections 3001 and 3002 of this Act, to increase building
  energy efficiency, while maintaining affordability, by the year 2005. Such
  program shall include activities on--
  (1) building design, design methods, and construction techniques;
  (2) building materials, including recycled materials, and components;
  (3) on-site energy supply conversion systems such as photovoltaics;
  (4) automated energy management systems;
  (5) methods of evaluating performance; and
  (6) insulation products manufactured with nonozone depleting materials.
  (b) PROPOSALS-
  (1) SOLICITATION- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
  (2) CONTENTS OF PROPOSALS- Proposals submitted under this subsection shall
  include and be judged upon--
  (A) evidence of knowledge of current building practices in the United
  States and in other countries;
  (B) an explanation of how the proposal will encourage the commercialization
  of the technologies resulting from activities in subsection (a);
  (C) evidence of consideration of collaboration with Department of Energy
  national laboratories;
  (D) evidence of collaboration with relevant industry or other groups or
  organizations; and
  (E) a demonstration of the ability of the proposers to undertake and
  complete the project proposed.
SEC. 2105. ELECTRIC DRIVES.
  (a) PROGRAM- The Secretary shall conduct a 5-year program, in accordance
  with sections 3001 and 3002 of this Act, to increase the efficiency of
  electric drive technologies, including adjustable speed drives, high speed
  motors, and high efficiency motors.
  (b) PROPOSALS- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for projects under this section.
SEC. 2106. STEEL, ALUMINUM, AND METAL RESEARCH.
  (a) STEEL AMENDMENTS- The Steel and Aluminum Energy Conservation and
  Technology Competitiveness Act of 1988 is amended--
  (1) in section 4(b)(5), by striking `Industrial Programs' and inserting
  in lieu thereof `Industrial Technologies';
  (2) in section 8, by inserting at the end the following new sentence:
  `The reports submitted at the close of fiscal years 1993, 1995, and 1997
  shall also contain a complete summary of activities under the management
  plan and the research plan from the first year of their operation, along
  with an analysis of the extent to which they have succeeded in accomplishing
  the purposes of this Act.';
  (3) in section 9(a)(1), by striking `and $25,000,000 for fiscal year 1991'
  and inserting in lieu thereof `$25,000,000 for fiscal year 1991, $17,968,000
  for fiscal year 1992, and $18,091,000 for each of the fiscal years 1993
  through 1997, to be derived from sums authorized under section 2101(e)
  of the Energy Policy Act of 1992';
  (4) in section 9(b), by striking `and 1991' and inserting in lieu thereof
  `1991, 1992, 1993, 1994, 1995, 1996, and 1997, to be derived from sums
  otherwise authorized to be appropriated to the Institute'; and
  (5) in section 11(a), by striking `or fiscal year 1991' both places it
  appears and inserting in lieu thereof `fiscal year 1991, fiscal year 1992,
  fiscal year 1993, fiscal year 1994, fiscal year 1995, fiscal year 1996,
  and fiscal year 1997'.
  (b) METAL CASTING AMENDMENT- Section 8 of the Department of Energy Metal
  Casting Competitiveness Research Act of 1990 (Public Law 101-425) is amended
  by striking `and 1993' and inserting in lieu thereof `1993, 1994, 1995,
  1996, and 1997, to be derived from such sums as are otherwise authorized
  under section 2101(e) of the Energy Policy Act of 1992'.
SEC. 2107. IMPROVING EFFICIENCY IN ENERGY-INTENSIVE INDUSTRIES.
  (a) SECRETARIAL ACTION- The Secretary, in accordance with sections 3001
  and 3002 of this Act, shall--
  (1) pursue a research, development, demonstration and commercial application
  program intended  to improve energy efficiency and productivity in
  energy-intensive industries and industrial processes; and
  (2) undertake joint ventures to encourage the  commercialization of
  technologies developed under paragraph (1).
  (b) JOINT VENTURES- (1) The Secretary shall--
  (A) conduct a competitive solicitation for proposals from private firms
  and investors for such joint ventures under subsection (a)(2); and
  (B) provide financial assistance to at least five such joint ventures.
  (2) The purpose of the joint ventures shall be to  design, test,
  and demonstrate changes to industrial  processes that will result in
  improved energy efficiency and  productivity. The joint ventures may also
  demonstrate other  improvements of benefit to such industries so long as
  demonstration of energy efficiency improvements is the  principal objective
  of the joint venture.
  (3) In evaluating proposals for financial assistance  and joint ventures
  under this section, the Secretary shall  consider--
  (A) whether the activities conducted under this section improve the quality
  and energy efficiency of industries or industrial processes;
  (B) the regional distribution of the energy-intensive industries and
  industrial processes; and
  (C) whether the proposed joint venture project would be located in the
  region which has the energy-intensive industry and industrial processes
  that would benefit from the project.
SEC. 2108. ENERGY EFFICIENT ENVIRONMENTAL PROGRAM.
  (a) PROGRAM DIRECTION- The Secretary, in consultation with the Administrator
  of the Environmental Protection Agency, is authorized to continue to
  carry out a 5-year program to improve the energy efficiency and cost
  effectiveness of pollution prevention technologies and processes, including
  source reduction and waste minimization technologies and processes. The
  purposes of this section shall be to--
  (1) apply a systems approach to minimizing adverse environmental effects
  of industrial production in the most cost effective and energy efficient
  manner; and
  (2) incorporate consideration of the entire materials and energy cycle
  with the goal of minimizing adverse environmental impacts.
  (b) IDENTIFICATION OF OPPORTUNITIES- Within 9 months after the date of
  enactment of this Act, the Secretary, in consultation with the Administrator
  of the Environmental Protection Agency, shall identify opportunities for
  the demonstration of energy efficient pollution prevention technologies
  and processes.
  (c) REPORT- Within 1 year after the date of enactment of this Act, the
  Secretary shall submit a report to Congress evaluating the opportunities
  identified under subsection (b). Such report shall include--
  (1) an assessment of the technologies available to increase productivity
  and simultaneously reduce the consumption of energy and material resources
  and the production of wastes;
  (2) an assessment of the current use of such technologies by industry in
  the United States;
  (3) the status of any such technologies currently being developed, together
  with projected schedules of their commercial availability;
  (4) the energy savings resulting from the use of such technologies;
  (5) the environmental benefits of such technologies;
  (6) the costs of such technologies;
  (7) an evaluation of any existing Federal or State regulatory disincentives
  for the employment of such technologies; and
  (8) an evaluation of any other barriers to the use of such technologies.
In preparing the report required by this subsection, the Secretary shall
consult with the Administrator of the Environmental Protection Agency, any
other Federal, State, or local official the Secretary considers necessary,
representatives of appropriate industries, members of organizations formed to
further the goals of environmental protection or energy efficiency, and other
appropriate interested members of the public, as determined by the Secretary.
  (d) PROPOSALS- Within 1 year after the date of enactment of this Act, the
  Secretary, in consultation with the Administrator of the Environmental
  Protection Agency, shall solicit proposals for activities under this
  section. Proposals selected under this subsection shall demonstrate--
  (1) technical viability and cost effectiveness; and
  (2) procedures for technology transfer and information outreach during
  and after completion of the project.
Subtitle B--Electricity Generation and Use
SEC. 2111. RENEWABLE ENERGY.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a comprehensive
  5-year program, in accordance with sections 3001 and 3002 of this Act,
  to provide cost-effective options for the generation of electricity from
  renewable energy sources for grid and nongrid application, including field
  demonstrations of sufficient scale and number in operating environments
  to prove technical and economic feasibility for providing cost effective
  generation and for meeting the goal stated in section 2001(3) and section
  1602(a)(4).
  (b) PROGRAM PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary shall prepare and submit to the Congress a 5-year program plan
  to guide the activities under this section. In preparing the program plan,
  the Secretary shall consult with appropriate representatives of industry,
  institutions of higher education, Federal agencies, including national
  laboratories, and professional and technical societies.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section, including all solar energy
  programs (other than activities under section 2021), geothermal systems,
  electric energy systems, and energy storage systems, $208,975,000 for
  fiscal year 1993 and $275,000,000 for fiscal year 1994.
SEC. 2112. HIGH EFFICIENCY HEAT ENGINES.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, to improve the
  efficiency of heat engines. Such program shall--
  (1) include field demonstrations of sufficient scale and number so as to
  demonstrate technical and economic feasibility;
  (2) incorporate materials that increase engine efficiency; and
  (3) cover advanced engine designs for electric and industrial power
  generation for a range of small-, mid-, and large-scale applications,
  including--
  (A) mechanically recuperated gas turbines;
  (B) intercooled gas turbines with steam injection or recuperation;
  (C) gas turbines utilizing reformed fuels or hydrogen; and
  (D) high efficiency, simple cycle gas turbines.
  (b) PROGRAM GOAL- The goal of the program established under subsection
  (a) shall be to develop heat engines that can achieve over 50 percent
  efficiency in the mid-term.
  (c) PROGRAM PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary shall prepare and submit to the Congress a 5-year program plan,
  to be included in the plan required under section 2101(c), to guide the
  activities under this section. In preparing the program plan, the Secretary
  shall consult with appropriate representatives of industry, institutions of
  higher education, Federal agencies, including the Environmental Protection
  Agency and national laboratories, and professional and technical societies.
  (d) PROPOSALS- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities under
  this section.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section such sums as may be necessary
  to be derived from sums authorized under section 2101(e).
SEC. 2113. CIVILIAN NUCLEAR WASTE.
  (a) STUDY- The Secretary shall conduct a study of the potential for
  minimizing the volume and toxic lifetime of nuclear waste, including an
  analysis of the viability of existing technologies and an assessment of
  the extent of research and development required for new technologies.
  (b) PROGRAM- Based on the results of the study required under subsection (a),
  the Secretary shall prepare and submit to Congress a 5-year program plan
  for carrying out a program of research and development on new technologies
  for minimizing the volume and toxic lifetime of, and thereby mitigating
  hazards associated with, nuclear waste.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section $4,700,000 for fiscal year
  1993 and such sums as may be necessary for fiscal year 1994.
SEC. 2114. FUSION ENERGY.
  (a) PROGRAM- The Secretary shall conduct a fusion energy 5-year program,
  in accordance with sections 3001 and 3002 of this Act, that by the year 2010
  will result in a technology demonstration which verifies the practicability
  of commercial electric power production.
  (b) PROGRAM GOALS- The goals of the program established under subsection
  (a) shall include--
  (1) a broad based fusion energy program;
  (2) United States participation in the Engineering Design Activity of the
  International Thermonuclear Experimental Reactor (ITER) program and in
  the related research and technology development efforts;
  (3) the development of technology for fusion power and industrial
  participation in the development of such technology;
  (4) the design and construction of a major new machine for fusion research
  and technology development consistent with paragraphs (2) and (3); and
  (5) research and development for Inertial Confinement Fusion Energy and
  development of a Heavy Ion Inertial Confinement Fusion experiment.
  (c) MANAGEMENT PLAN- (1) Within 180 days after the date of enactment of this
  Act, the Secretary shall prepare a comprehensive management plan for the
  fusion energy program. The plan shall include specific program objectives,
  milestones and schedules for technology development, and cost estimates
  and program management resource requirements.
  (2) The plan shall also include a description of--
  (A) United States participation in the Engineering Design Activity of ITER,
  including industrial participation;
  (B) potential United States participation in the construction and operation
  of an ITER facility; and
  (C) the requirements needed to build and test an inertial fusion energy
  reactor for the purpose of power production.
  (3) As part of the plan required under paragraph (1), the Secretary shall
  evaluate the status of international fusion programs and evaluate whether
  the Federal Government should initiate efforts to strengthen existing
  international cooperative agreements in fusion energy or enter into new
  cooperative agreements to accomplish the purposes of this section.
  (4) The plan shall also evaluate the extent to which university or private
  sector participation is appropriate or necessary in order to carry out
  the purposes of this section.
  (5) Within 1 year after the date of enactment of this Act, and every 2 years
  thereafter, the Secretary shall issue a report describing the progress made
  in meeting the program objectives, milestones, and schedules established in
  the management plan. Each such report shall also describe the organization
  of the program, the personnel assigned and funds committed to the program,
  and expenditures made in carrying out the program objectives. The report
  shall be submitted with the plan required under section 2304.
  (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section $339,710,000 for fiscal
  year 1993 and $380,000,000 for fiscal year 1994.
SEC. 2115. FUEL CELLS.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a 5-year program,
  in accordance with sections 3001 and 3002 of this Act, on efficient and
  environmentally benign power generation using fuel cells. The program may
  include activities on molten carbonate, solid oxide, including tubular,
  monolithic, and planar technologies, and advanced concepts.
  (b) PROGRAM GOAL- The goal of the program established under subsection
  (a) is the development of cost-effective, efficient, and environmentally
  benign fuel cell systems which will operate on fossil fuels in multiple
  end use sectors.
  (c) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section $51,555,000 for fiscal year
  1993 and $56,000,000 for fiscal year 1994.
SEC. 2116. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT PROGRAM.
  (a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for fiscal year 1993 $70,000,000 for the Fast Flux Test
  Facility to maintain the operational status of the reactor, such sums to
  be derived from amounts appropriated to the Secretary for the environmental
  restoration and waste management program.
  (b) LONG-TERM MISSIONS- The Secretary shall aggressively pursue the
  development and implementation of long-term missions for the Fast Flux
  Test Facility. Within 6 months after the date of enactment of this Act,
  the Secretary shall submit to the Congress a report on the progress made
  in carrying out this subsection.
SEC. 2117. HIGH-TEMPERATURE SUPERCONDUCTIVITY PROGRAM.
  (a) PROGRAM- The Secretary shall carry out a 5-year program, in accordance
  with sections 3001 and 3002 of this Act, on high-temperature superconducting
  electric power equipment technologies. Elements of the program shall include,
  but are not limited to--
  (1) activities that address the development of high-temperature
  superconducting materials that have increased electrical current capacity,
  which shall be the emphasis of the program for the near-term;
  (2) the development of prototypes, where appropriate, of the major elements
  of a superconducting electric power system such as motors, generators,
  transmission lines, transformers, and magnetic energy storage systems;
  (3) activities that will improve the efficiency of materials performance
  of higher temperatures and at all magnetic field orientations;
  (4) development of prototypes based on high-temperature superconducting
  wire, that operate at the highest temperature possible, and refrigeration
  systems using cryogenics such as nitrogen;
  (5) activities that will assist the private sector with designs for more
  efficient electric power generation and delivery systems which are cost
  competitive with conventional energy systems; and
  (6) development of prototypes that have application in both the commercial
  and defense sectors.
The Secretary is also encouraged to expedite government, laboratory, industry,
and university collaborative agreements under existing mechanisms at the
Department of Energy in coordination with other Federal agencies.
  (b) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section $21,900,000 for fiscal
  year 1993 and such sums as may be necessary for subsequent fiscal years,
  to be derived from sums authorized under section 2111(c).
SEC. 2118. ELECTRIC AND MAGNETIC FIELDS RESEARCH AND PUBLIC INFORMATION
DISSEMINATION PROGRAM.
  (a) PROGRAM- The Secretary shall, in accordance with this section (including
  the agenda developed under subsection (d)(1)(A)) and within 2 months after
  the date of the enactment of this Act, establish a comprehensive program to--
  (1) determine whether or not exposure to electric and magnetic fields
  produced by the generation, transmission, and use of electric energy
  affects human health;
  (2) carry out research, development, and demonstration with respect to
  technologies to mitigate any adverse human health effects; and
  (3) provide for dissemination of information described in subsection (b)(1)
  to the public.
  (b) CONTENTS- The program shall provide for--
  (1) collection, compilation, publication, and dissemination of scientifically
  valid information on--
  (A) possible human health effects of electric and magnetic fields;
  (B) the types and extent of human exposure to electric and magnetic fields
  in various occupational and residential settings;
  (C) technologies to measure and characterize electric and magnetic fields;
  and
  (D) methods to assess and manage exposure to electric and magnetic fields;
  (2)(A) research on mechanisms by which electric and magnetic fields interact
  with biological systems; and
  (B) epidemiological research on the possible human health effects of
  electric and magnetic fields; and
  (3) research, development, and demonstration with respect to--
  (A) technologies to improve the measurement and characterization of electric
  and magnetic fields; and
  (B) techniques to assess and manage exposure to electric and magnetic fields.
  (c) ROLE OF THE DIRECTOR-
  (1) ROLE OF THE DIRECTOR- The Secretary of Health and Human Services,
  acting through the Director, shall have sole responsibility under the
  program for research on possible human health effects of electric and
  magnetic fields. The Director may delegate this responsibility to the
  extent the Director determines appropriate.
  (2) AGREEMENT- Within 6 months after the date of the enactment of this Act,
  the Secretary shall enter into an agreement with the Secretary of Health
  and Human Services to carry out, through the Director, the information
  activities under subsection (b)(1)(A) and the research under subsection
  (b)(2).
  (3) ACTIONS OF THE DIRECTOR- The actions of the Director in carrying out
  research and information responsibilities under this section shall not be
  subject to approval by the Secretary.
  (4) TRANSFER OF FUNDS- The Secretary is authorized, subject to appropriations
  Acts, to transfer funds to the Director to carry out the Director's
  responsibilities under paragraph (2).
  (5) REPORT- The Director shall report, by June 1, 1995, and by March 31,
  1997, and as appropriate, to the Interagency Committee established under
  subsection (d) and to Congress the findings and conclusions of the Director
  on the extent to which exposure to electric and magnetic fields produced by
  the generation, transmission, or use of electric energy affects human health.
  (d) INTERAGENCY COMMITTEE-
  (1) The President shall, within 2 months after the date of the enactment
  of this Act, establish the Electric and Magnetic Fields Interagency
  Committee to--
  (A) develop within 8 months after the date of the enactment of this Act a
  comprehensive agenda for conducting research, development, and demonstration
  under the program, with particular emphasis on electric and magnetic fields
  of the 60 hertz frequency;
  (B) develop recommendations, within 8 months after the date of the enactment
  of this Act, for guidelines for the coordination of activities of Federal
  agencies engaged in research on human health effects of electric and magnetic
  fields that ensure that such research advances the agenda under subparagraph
  (A) and is not unnecessarily duplicative of other research activities;
  (C) develop recommendations, within 8 months after the date of the enactment
  of this Act, for mechanisms for communication of the results of the program
  to the public, including recommendations on the scope and nature of the
  information to be disseminated; and
  (D) monitor, review and periodically evaluate the program.
  (2)(A) The Interagency Committee shall be composed of 9 members with 1
  member to be appointed from each of the following:
  (i) The Department of Energy.
  (ii) The National Institute of Environmental Health Sciences.
  (iii) The Environmental Protection Agency.
  (iv) The Department of Defense.
  (v) The Occupational Safety and Health Administration.
  (vi) The National Institute of Standards and Technology.
  (vii) The Department of Transportation.
  (viii) The Rural Electrification Administration.
  (ix) The Federal Energy Regulatory Commission.
  (B) The Interagency Committee shall elect a chairperson from among its
  members who shall be responsible for ensuring that the duties of the
  Interagency Committee are carried out.
  (C) Agencies that have members on the Interagency Committee shall provide
  appropriate staff to carry out the duties of the Interagency Committee.
  (e) ADVISORY COMMITTEE-
  (1) Not later than 2 months after the date of the enactment of this Act,
  the Secretary of Health and Human Services and the Secretary shall establish
  the National Electric and Magnetic Fields Advisory Committee in accordance
  with the Federal Advisory Committee Act and this section.
  (2) The Advisory Committee shall make recommendations to the Interagency
  Committee with respect to the duties of the Interagency Committee under
  subsection (d)(1) and advise the Secretary and the Director with respect
  to the design and implementation of the program, including preparation of
  solicitations for proposals to conduct research under the program.
  (3) The Advisory Committee shall be composed of 10 members, chosen from
  among experts in possible human health effects of electric and magnetic
  fields, experts in the measurement and characterization of electric and
  magnetic fields, experts in the assessment and management of electric
  and magnetic fields, State regulatory agencies, State health agencies,
  electric utilities, electric equipment manufacturers, labor unions and
  the public. Five members shall be chosen by the Secretary of Health and
  Human Services in consultation with the Director, and 5 members shall be
  chosen by the Secretary.
  (4) The Advisory Committee shall elect a chairperson from among its members
  who shall be responsible for ensuring that the duties of the Advisory
  Committee are carried out.
  (5) The Advisory Committee shall terminate not later than December 31, 1997.
  (f) FINANCIAL ASSISTANCE-
  (1) The Secretary and the Director may provide financial assistance and
  enter into contracts to conduct activities under the program.
  (2) The Secretary shall solicit contributions from non-Federal sources to
  offset at least 50 percent of the total funding for all activities under the
  program. The Secretary shall adopt procedures, including a mechanism for
  collecting contributions, that ensures that no contributor of non-Federal
  funds may influence the program.
  (3) The Secretary may not obligate funds under this section in any fiscal
  year unless funds received from non-Federal sources under paragraph (2)
  are available to offset at least 50 percent of the appropriations made
  under subsection (j) for such fiscal year.
  (4) SOLICITATION AND SELECTION OF PROPOSALS-
  (A) IN GENERAL- Within 15 months after the date of the enactment of this
  Act, and as often thereafter as appropriate, the Secretary and the Director
  shall, in consultation with the Interagency Committee, solicit and select
  proposals to conduct activities under the program.
  (B) CONSULTATION WITH ADVISORY COMMITTEE- In preparing solicitations for
  proposals to conduct activities, the Secretary and the Director shall
  consult with the Advisory Committee.
  (C) PEER REVIEW PANELS- Before a proposal to conduct activities under the
  program may be selected by the Secretary or the Director, such proposal must
  be submitted to, and evaluated by, at least one scientific and technical
  peer review panel.
  (g) REPORTS-
  (1) REPORT UPON COMPLETION OF ACTIVITY- Any person who conducts activities
  under the program shall, upon completion of the activity, submit to the
  National Academy of Sciences, the Interagency Committee, and the Advisory
  Committee a report summarizing the activities and results thereof.
  (2) REPORT TO INTERAGENCY COMMITTEE AND ADVISORY COMMITTEE- The Secretary
  shall enter into appropriate arrangements with the National Academy
  of Sciences under which the Academy shall periodically submit to the
  Interagency Committee and the Advisory Committee a report that evaluates
  the research activities under the program. The report shall include
  recommendations to promote the effective transfer of information derived
  from such research projects, including the transfer to representatives
  of State regulatory agencies, State health agencies, electric utilities,
  electrical equipment manufacturers, labor unions, and the public. The
  Secretary shall be responsible for expenses incurred by the Academy in
  connection with the preparation of such reports.
  (3) REPORT TO CONGRESS- The Interagency Committee, in consultation with
  the Advisory Committee, shall submit to the Secretary and the Congress--
  (A) not later than December 31, 1995, a report summarizing the progress
  of the research program established under this subsection; and
  (B) not later than September 30, 1997, a final report stating the Committee's
  findings and conclusions on the effects, if any, of electric and magnetic
  fields on human health and remedial actions, if any, that may be needed
  to minimize any such health effects.
  (h) CONFLICTS OF INTEREST- The Secretary and the Director shall include
  conflict of interest provisions in any grant or other funding provided,
  or contract entered into, under the research program established under
  this section including provisions--
  (1) that require any person conducting a project under such program to
  disclose any other source of funding received by the person to conduct
  other related projects, including funding received from consulting on
  issues relating to electric and magnetic fields; and
  (2) that prohibit a person who has been awarded a grant or contract under
  this program from receiving compensation beyond expenses for testifying
  in a court of law as an expert on the specific research the person is
  conducting under such grant or contract.
  (i) DEFINITIONS- For purposes of this section:
  (1) The term `Advisory Committee' means the National Electric and Magnetic
  Fields Advisory Committee established under subsection (e).
  (2) The term `Interagency Committee' means the Electric and Magnetic Fields
  Interagency Committee established under subsection (d).
  (3) The term `Director' means the Director of the National Institute of
  Environmental Health Sciences.
  (4) The term `program' means the electric and magnetic fields research
  and public information dissemination program established in subsection (a).
  (5) The term `State' means each of the 50 States, the District of Columbia,
  the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
  Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of
  the Pacific Islands, and any other commonwealth, territory, or possession
  of the United States.
  (j) AUTHORIZATION OF APPROPRIATIONS-
  (1) GENERAL AUTHORIZATION- There are authorized to be appropriated to the
  Secretary a total of $65,000,000 for the period encompassing fiscal years
  1993 through 1997 to carry out the provisions of this section, except
  that not more than $1,000,000 may be expended in any such fiscal year for
  activities under subsection (b)(1). Any amounts appropriated pursuant to
  this paragraph shall remain available until expended.
  (2) RESTRICTIONS ON USE OF FUNDS-
  (A) ADMINISTRATIVE EXPENSES OF CERTAIN FUNDING RECIPIENTS- Of the total funds
  provided to any institution under this section, the amount of such funds
  that may be used for the administrative indirect costs of the institution
  may not exceed 26 percent of the modified direct costs of the project.
  (B) ADMINISTRATIVE EXPENSES OF THE SECRETARY AND THE DIRECTOR- Of the total
  amount of funds made available under this section for any fiscal year, not
  more than 10 percent of such funds may be used for authorized administrative
  expenses of the Secretary and the Director in carrying out this section.
  (C) CONSTRUCTION AND REHABILITATION OF FACILITIES AND EQUIPMENT- Funds
  made available under this section may not be used for the construction or
  rehabilitation of facilities or fixed equipment.
  (k) SENSE OF CONGRESS- It is the sense of the Congress that remedial action
  taken by the Government on electric and magnetic fields, if and as necessary,
  should be based on, and consistent with, scientifically valid research
  such as the results and findings of the research authorized by this Act.
  (l) SUNSET PROVISION- All authority under this section shall expire on
  December 31, 1997.
SEC. 2119. SPARK M. MATSUNAGA RENEWABLE ENERGY AND OCEAN TECHNOLOGY CENTER.
  (a) FINDINGS- The Congress finds that--
  (1) the late Spark M. Matsunaga, United States Senator from Hawaii, was
  a longstanding champion of research and development of renewable energy,
  particularly wind and ocean energy, photovoltaics, and hydrogen fuels;
  (2) it was Senator Matsunaga's vision that renewable  energy could
  provide a sustained source of non-polluting  energy and that such forms
  of alternative energy might  ultimately be employed in the production
  of liquid hydrogen  as a transportation fuel and energy storage medium
  available  as an energy export;
  (3) Senator Matsunaga also believed that research on  other aspects of
  renewable energy and ocean resources, such  as advanced materials, could
  be crucial to full development  of energy storage and conversion systems; and
  (4) Keahole Point, Hawaii is particularly well-suited  as a site to conduct
  renewable energy and associated marine  research.
  (b) PURPOSE- It is the purpose of this section to establish the facilities
  and equipment located at Keahole Point, Hawaii as a cooperative research
  and development facility, to be known as the Spark M. Matsunaga Renewable
  Energy and Ocean Technology Center.
  (c) ESTABLISHMENT- The facilities and equipment located at Keahole Point,
  Hawaii are established as the Spark M. Matsunaga Renewable Energy and
  Ocean Technology Center (in this section referred to as the `Center').
  (d) ADMINISTRATION- (1) Not later than 180 days after the date of enactment
  of this Act, the Secretary may authorize a cooperative agreement with a
  qualified research institution to administer the Center.
  (2) For the purpose of paragraph (1), a qualified research institution is a
  research institution located in the State of Hawaii that has demonstrated
  competence and will be the lead organization in the State in renewable
  energy and ocean technologies.
  (e) ACTIVITIES- The Center may carry out research, development, educational,
  and technology transfer activities on--
  (1) renewable energy;
  (2) energy storage, including the production of  hydrogen from renewable
  energy;
  (3) materials applications related to energy and marine  environments;
  (4) other environmental and ocean research concepts,  including sea ranching
  and global climate change; and
  (5) such other matters as the Secretary may direct.
  (f) MATCHING FUNDS- To be eligible for Federal funds under this section,
  the Center must provide funding in cash or in kind from non-Federal sources
  for each amount provided by the Secretary.
  (g) AUTHORIZATION- There is authorized to be appropriated to the Secretary
  for carrying out this section such sums as may be necessary, to be derived
  from sums authorized under section 2111(c).
Subtitle C--Advanced Nuclear Reactors
SEC. 2121. PURPOSES AND DEFINITIONS.
  (a) PURPOSES- The purposes of this subtitle are--
  (1) to require the Secretary to carry out civilian nuclear programs in a
  way that will lead toward the commercial availability of advanced nuclear
  reactor technologies; and
  (2) to authorize such activities to further the timely availability of
  advanced nuclear reactor technologies, including technologies that utilize
  standardized designs or exhibit passive safety features.
  (b) DEFINITIONS- For purposes of this subtitle--
  (1) the term `advanced nuclear reactor technologies' means--
  (A) advanced light water reactors that may be  commercially available
  in the near-term, including but not limited to mid-sized reactors with
  passive safety features for the generation of commercial electric power
  from nuclear  fission; and
  (B) other advanced nuclear reactor technologies that  may require prototype
  demonstration prior to commercial  availability in the mid- or long-term,
  including but not  limited to high-temperature, gas-cooled reactors and
  liquid  metal reactors, for the generation of commercial electric  power
  from nuclear fission;
  (2) the term `Commission' means the Nuclear Regulatory Commission;
  (3) the term `standardized design' means a design for a nuclear power
  plant that may be utilized for a multiple number of units or a multiple
  number of sites; and
  (4) the term `certification' means approval by the Commission of a
  standardized design.
SEC. 2122. PROGRAM, GOALS, AND PLAN.
  (a) PROGRAM DIRECTION- The Secretary shall conduct a program to encourage
  the deployment of advanced nuclear reactor technologies that to the maximum
  extent practicable--
  (1) are cost effective in comparison to alternative sources of commercial
  electric power of comparable availability and reliability, taking into
  consideration life cycle environmental costs;
  (2) facilitate the design, licensing, construction, and operation of a
  nuclear powerplant using a standardized design;
  (3) exhibit enhanced safety features; and
  (4) incorporate features that advance the objectives of the Nuclear
  Non-Proliferation Act of 1978.
  (b) PROGRAM GOALS- The goals of the program established under subsection
  (a) shall include--
  (1) for the near-term--
  (A) to facilitate the completion, by September 30, 1996, for certification
  by the Commission, of standardized advanced light water reactor technology
  designs that the Secretary determines have the characteristics described
  in subsection (a) (1) through (4);
  (B) to facilitate the completion of submissions, by September 30, 1996,
  for preliminary design approvals by the Commission of standardized designs
  for the modular high-temperature gas-cooled reactor technology and the
  liquid metal reactor technology; and
  (C) to evaluate by September 30, 1996, actinide burn technology to determine
  if it can reduce the volume of long-lived fission byproducts;
  (2) for the mid-term--
  (A) to facilitate increased efficiency of enhanced safety, advanced light
  water reactors to produce electric power at the lowest cost to the customer;
  (B) to develop advanced reactor concepts that are passively safe and
  environmentally acceptable; and
  (C) to complete necessary research and development on high-temperature
  gas-cooled reactor technology and liquid metal reactor technology to support
  the selection, by September 30, 1998, of one or both of those technologies
  as appropriate for prototype demonstration; and
  (3) for the long-term, to complete research and development and demonstration
  to support the design of advanced reactor technologies capable of providing
  electric power to a utility grid as soon as practicable but no later than
  the year 2010.
  (c) PROGRAM PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary shall prepare and submit to the Congress a 5-year program
  plan to guide the activities under this section. The program plan shall
  include schedule milestones, Federal funding requirements, and non-Federal
  cost sharing requirements. In preparing the program plan, the Secretary
  shall take into consideration--
  (1) the need for, and the potential for future adoption by electric
  utilities or other entities of, advanced nuclear reactor technologies that
  are available, under development, or have the potential for being developed,
  for the generation of energy from nuclear fission;
  (2) how the Federal Government, acting through the Secretary, can be
  effective in ensuring the availability of such technologies when they
  are needed;
  (3) how the Federal Government can most effectively cooperate with the
  private sector in the accomplishment of the goals set forth in subsection
  (b); and
  (4) potential alternative funding sources for carrying out this section.
In preparing the program plan, the Secretary shall consult with appropriate
representatives of industry, institutions of higher education, Federal
agencies, including national laboratories, and professional and technical
societies. The Secretary shall update the program plan annually and submit
such update to Congress. Each such update shall describe any activities that
are behind schedule, any funding shortfalls, and any other circumstances
that might affect the ability of the Secretary to meet the goals set forth
in subsection (b).
SEC. 2123. COMMERCIALIZATION OF ADVANCED LIGHT WATER REACTOR TECHNOLOGY.
  (a) CERTIFICATION OF DESIGNS- In order to achieve the goal of certification
  of completed standardized designs by the Commission by 1996 as set forth in
  section 2122(b), the Secretary shall conduct a 5-year program of technical
  and financial assistance to encourage the development and submission
  for certification of advanced light water reactor designs which, in the
  judgment of the Secretary, can be certified by the Commission by no later
  than the end of fiscal year 1996.
  (b) FIRST-OF-A-KIND ENGINEERING-
  (1) ESTABLISHMENT OF PROGRAM- The Secretary shall conduct a program
  of Federal financial and technical assistance for the first-of-a-kind
  engineering design of standardized commercial nuclear powerplants which
  are included, as of the date of enactment of this Act, in the Department of
  Energy's program for certification of advanced light water reactor designs.
  (2) SELECTION CRITERIA- In order to be eligible for assistance under this
  subsection, an entity shall certify to the satisfaction of the Secretary
  that--
  (A) the entity, or its members, are bona fide entities engaged in the design,
  engineering, manufacture, construction, or operation of nuclear reactors;
  (B) the entity, or its members, have the financial resources necessary
  for, and fully intend to pursue the design, engineering, manufacture,
  construction, and operation in the United States of nuclear power plants
  through completion of construction and into operation;
  (C) the design proposed is scheduled for certification by the Commission
  under the Department of Energy's program for certification of light water
  reactor designs; and
  (D) at least 50 percent of the funding for the project shall be obtained
  from non-Federal sources, and a substantial portion of that non-Federal
  funding shall be obtained from utilities or entities whose primary purpose
  is the production of electrical power for public consumption.
  (3) PROGRAM DOCUMENTS- The Secretary shall prepare and submit to the
  Congress a program document for each design selected under this subsection,
  specifying goals and objectives, major milestones for achieving those goals
  and objectives, and the work products to be provided to the Secretary or
  made available for inspection.
  (4) FUNDING LIMITATIONS- (A) Before entering into an agreement with an
  entity under this subsection, the Secretary shall establish a cost ceiling
  for the contribution of the Federal Government for the project, and shall
  report such cost ceiling to the Congress.
  (B) No entity shall receive assistance under this subsection for a period
  greater than 4 years.
  (C) The aggregate funding provided by the Secretary for projects under
  this subsection shall not exceed $100,000,000 for the period encompassing
  fiscal years 1993 through 1997.
  (5) STATUS REPORT- The Secretary shall annually submit to the Congress a
  status report on each project receiving assistance under this subsection.
SEC. 2124. PROTOTYPE DEMONSTRATION OF ADVANCED NUCLEAR REACTOR TECHNOLOGY.
  (a) SOLICITATION OF PROPOSALS- Within 3 years after the date of enactment
  of this Act, the Secretary shall solicit proposals for carrying out the
  preliminary engineering design of not more than 2 prototype advanced
  nuclear reactor technologies developed by the Department of Energy, other
  than advanced light water reactor technologies, necessary to support a
  decision on whether to recommend construction of a prototype demonstration
  reactor with the characteristics described in section 2123(a). Proposals
  submitted under this subsection shall be for modular design concepts of
  sufficient size to address requirements related to the certification of
  a standardized design.
  (b) RECOMMENDATION TO CONGRESS- (1) Not later than September 30, 1998,
  the Secretary shall submit to Congress recommendations on whether to build
  one or more prototype demonstration reactors under this section. Such
  recommendations shall--
  (A) specify a preferred technology or technologies;
  (B) include detailed information on milestones for construction and
  operation;
  (C) include an estimate of the funding requirements; and
  (D) specify the extent and type of non-Federal financial support anticipated.
In developing the recommendations under this paragraph, the Secretary shall
provide for public notice and an opportunity for comment, and shall solicit
the views of the Commission and other parties with technical expertise the
Secretary considers useful in the development of such recommendations.
  (2) The prototype demonstration program under this section shall be carried
  out to the maximum extent practicable with private sector funding. At least
  50 percent of the funding for such program shall be non-Federal funding. The
  extent of non-Federal cost sharing proposed for any demonstration project
  shall be a criterion for the selection of the project.
  (c) SELECTION OF TECHNOLOGY- Any technology selected by the Secretary
  for recommendation for prototype demonstration under this section shall
  to the maximum extent possible exhibit the characteristics set forth in
  section 2123(a).
SEC. 2125. REPEALS.
  The Renewable Energy and Energy Efficiency Technology Competitiveness Act
  of 1989 is amended--
  (1) in section 4(c)(1)(C), by inserting `and' after `Program;';
  (2) in section 4(c)(2)(C), by striking `Program; and' and inserting in
  lieu thereof `Program.';
  (3) by striking section 4(c)(3);
  (4) in section 5(1)(B), by inserting `and' after `program;';
  (5) in section 5(2)(B), by striking `program; and' and inserting in lieu
  thereof `program.'; and
  (6) by striking section 5(3).
SEC. 2126. AUTHORIZATION OF APPROPRIATIONS.
  There are authorized to be appropriated to the Secretary for carrying
  out this subtitle $212,804,000 for fiscal year 1993 and such sums as may
  be necessary for fiscal year 1994. Amounts authorized or otherwise made
  available for program direction, space reactor power systems, advanced
  radioisotope power systems, and the space exploration initiative under
  nuclear energy research and development shall be in addition to the amounts
  authorized in the preceding sentence.
TITLE XXII--ENERGY AND ECONOMIC GROWTH
SEC. 2201. NATIONAL ADVANCED MATERIALS INITIATIVE.
  (a) PROGRAM DIRECTION- The Secretary shall establish a 5-year National
  Advanced Materials Program, in accordance with sections 3001 and 3002 of
  this Act. Such program shall foster the commercialization of techniques
  for processing, synthesizing, fabricating, and manufacturing advanced
  materials and associated components. At a minimum, the Program shall
  expedite the private sector deployment of advanced materials for use in
  high performance energy efficient and renewable energy technologies in the
  industrial, transportation, and buildings sectors that can foster economic
  growth and competitiveness. The Program shall include field demonstrations
  of sufficient scale and number to prove technical and economic feasibility.
  (b) PROGRAM PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary, in consultation with appropriate representatives of industry,
  institutions of higher education, Department of Energy national laboratories,
  and professional and technical societies, shall prepare and submit to the
  Congress a 5-year program plan to guide activities under this section. The
  Secretary shall biennially update and resubmit the program plan to Congress.
  (c) PROPOSALS-
  (1) SOLICITATION- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities consistent
  with the 5-year program plan. Such proposals may be submitted by one or
  more parties.
  (2) CONTENTS OF PROPOSALS- Proposals submitted under this subsection
  shall include--
  (A) an explanation of how the proposal will expedite the commercialization
  of advanced materials in energy efficiency or renewable energy in the
  near-term to mid-term;
  (B) evidence of consideration of whether the unique capabilities of
  Department of Energy national laboratories warrants collaboration with
  such laboratories, and the extent of such collaboration proposed;
  (C) a description of the extent to which the proposal includes collaboration
  with relevant industry or other groups or organizations; and
  (D) evidence of the ability of the proposers to undertake and complete
  the proposed project.
  (d) GENERAL SERVICES ADMINISTRATION DEMONSTRATION PROGRAM- The Secretary,
  in consultation with the Administrator of General Services, shall establish
  a program to expedite the use, in goods and services acquired by the General
  Services Administration, of advanced materials technologies. Such program
  shall include a demonstration of the use of advanced materials technologies
  as may be necessary to establish technical and economic feasibility. The
  Secretary shall transfer funds to the General Services Administration for
  carrying out this subsection.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for carrying out this section such sums as may be necessary,
  to be derived for energy efficient applications from section 2101(e) and for
  renewable applications from section 2111(c), including Department of Energy
  national laboratory participation in proposals submitted under subsection
  (c), and including transferring funds to the General Services Administration.
SEC. 2202. NATIONAL ADVANCED MANUFACTURING TECHNOLOGIES INITIATIVE.
  (a) PROGRAM DIRECTION- The Secretary shall establish a 5-year National
  Advanced Manufacturing Technologies Program, in accordance with sections
  3001 and 3002 of this Act. Such program shall foster the commercialization
  of advanced manufacturing technologies to improve energy efficiency and
  productivity in manufacturing. At a minimum, the Program shall expedite
  the private sector deployment of advanced manufacturing technologies to
  improve productivity, quality, and control in manufacturing processes that
  can foster economic growth, energy efficiency, and competitiveness. The
  program shall include field demonstrations of sufficient scale and number
  to prove technical and economic feasibility.
  (b) PROGRAM PLAN- Within 180 days after the date of enactment of this Act,
  the Secretary, in consultation with appropriate representatives of industry,
  institutions of higher education, Department of Energy national laboratories,
  and professional and technical societies, shall prepare and submit to the
  Congress a 5-year program plan to guide activities under this section. The
  Secretary shall biennially update and resubmit the program plan to Congress.
  (c) PROPOSALS-
  (1) SOLICITATION- Within 1 year after the date of enactment of this Act,
  the Secretary shall solicit proposals for conducting activities consistent
  with the 5-year program plan. Such proposals may be submitted by one or
  more parties.
  (2) CONTENTS OF PROPOSALS- Proposals submitted under this subsection
  shall include--
  (A) an explanation of how the proposal will expedite the commercialization
  of advanced manufacturing technologies to improve energy efficiency in
  the building, industry, and transportation sectors;
  (B) evidence of consideration of whether the unique capabilities of
  Department of Energy national laboratories warrants collaboration with
  such laboratories, and the extent of such collaboration proposed;
  (C) a description of the extent to which the proposal includes collaboration
  with relevant industry or other groups or organizations; and
  (D) evidence of the ability of the proposers to undertake and complete
  the proposed project.
  (d) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be
  appropriated to the Secretary for carrying out this section such sums
  as may be necessary, to be derived from sums authorized under section
  2101(e), including Department of Energy national laboratory participation
  in proposals submitted under subsection (c).
SEC. 2203. SUPPORTING RESEARCH AND TECHNICAL ANALYSIS.
  (a) BASIC ENERGY SCIENCES-
  (1) PROGRAM DIRECTION- The Secretary shall continue to support a vigorous
  program of basic energy sciences to provide basic research support for
  the development of energy technologies. Such program shall focus on the
  efficient production and use of energy, and the expansion of our knowledge
  of materials, chemistry, geology, and other related areas of advancing
  technology development.
  (2) USER FACILITIES- (A) As part of the program referred to in paragraph
  (1), the Secretary shall carry out planning, construction, and operation of
  user facilities to provide special scientific and research capabilities,
  including technical expertise and support as appropriate, to serve the
  research needs of our Nation's universities, industry, private laboratories,
  Federal laboratories, and others. Research institutions or individuals from
  other nations shall be accommodated at such user facilities in cases where
  reciprocal accommodations are provided to United States research institutions
  and individuals or where the Secretary considers such accommodation to be
  in the national interest.
  (B) The construction of the Advanced Photon Source at the Argonne National
  Laboratory is hereby authorized.
  (C) The Secretary shall not change the user fee practice in effect as
  of October 1, 1991, with respect to user facilities unless the Secretary
  notifies Congress 90 days before the effective date of any change.
  (D) The Secretary shall expedite the design for construction of the
  Advanced Neutron Source at the Oak Ridge National Laboratory, in order to
  provide critical research capabilities in support of our national research
  initiatives for advanced materials and biotechnology, as well as a broad
  range of research. Such action shall be consistent with the Basic Energy
  Sciences Advisory Committee's Technical Evaluation of accelerator and
  reactor neutron source technologies. Within 90 days after the date of
  enactment of this Act, the Secretary shall submit to the Congress a plan
  for such design, including a schedule for construction.
  (3) COST SHARING- The Secretary shall not require cost sharing for research
  and development pursuant to this subsection, except--
  (A) as otherwise provided for in cooperative research and development
  agreements or other agreements entered into under existing law;
  (B) for fees for user facilities, as determined by the Secretary; or
  (C) in the case of specific projects, where the Secretary determines that
  the benefits of such research and development accrue to a specific industry
  or group of industries, in which case cost sharing under section 3002 of
  this Act shall apply.
  (b) UNIVERSITY AND SCIENCE EDUCATION- (1) The Secretary shall support
  programs for improvements and upgrading of university research reactors
  and associated instrumentation and equipment. Within 1 year after the
  date of enactment of this Act, the Secretary shall submit to the Congress
  a report on the condition and status of university research reactors,
  which includes a 5-year plan for upgrading and improving such facilities,
  instrumentation capabilities, and related equipment.
  (2) The Secretary shall develop a method to evaluate the effectiveness of
  science and mathematics education programs provided by the Department of
  Energy and its laboratories, including specific evaluation criteria.
  (3)(A)(i) The Director of the Office of Energy Research shall operate an
  Experimental Program to Stimulate Competitive Research (in this paragraph
  referred to as `EPSCoR') as part of the Department of Energy's University
  and Science Education Programs.
  (ii) The objectives of EPSCoR shall be--
  (I) to enhance the competitiveness of the peer-review process within
  academic institutions in eligible States; and
  (II) to increase the probability of long-term growth of competitive funding
  to investigators at institutions from eligible States.
  (iii) In order to carry out the objectives stated in clause (ii), EPSCoR
  shall provide for activities which may include (but not be limited to)
  competitive research awards and graduate traineeships.
  (iv) EPSCoR shall assist those States that--
  (I) historically have received relatively little Federal research and
  development funding; and
  (II) have demonstrated a commitment to develop their research bases and
  improve science and engineering research and education programs at their
  universities and colleges.
  (B) For purposes of this paragraph, the term `eligible States' means States
  that received a Department-EPSCoR planning or traineeship grant in fiscal
  year 1991 or fiscal year 1992.
  (C) No more than $5,000,000 of the funds appropriated to EPSCoR in any
  fiscal year, through fiscal year 1997, are authorized to be appropriated
  for graduate traineeships.
  (c) TECHNOLOGY TRANSFER- The Secretary shall support technology transfer
  activities conducted by the National Laboratories. Within 1 year after
  the date of enactment of this Act, the Secretary shall submit to the
  Congress a report on the adequacy of funding for such activities, along
  with a proposal recommending ways to reduce the length of time required
  to consummate cooperative research and development agreements.
  (d) FACILITIES SUPPORT FOR MULTIPROGRAM ENERGY LABORATORIES-
  (1) FACILITY POLICY- The Secretary shall develop and implement a least cost
  strategy for correcting facility problems, closing unneeded facilities,
  making facility modifications, and building new facilities at multiprogram
  energy laboratories.
  (2) FACILITY PLAN- Within 1 year after the date of enactment of this Act,
  the Secretary shall prepare and submit to the Congress a comprehensive plan
  for conducting future facility maintenance, making repairs, modifications,
  and new additions, and constructing new facilities at multiprogram energy
  laboratories. Such plan shall provide for facilities work in accordance
  with the following priorities, listed in descending order of priority:
  (A) Providing for the safety and health of employees, visitors, and the
  general public with regard to correcting existing structural, mechanical,
  electrical, and environmental deficiencies.
  (B) Providing for the repair and rehabilitation of existing facilities to
  keep them in use and prevent deterioration.
  (C) Providing engineering design and construction services for those
  facilities which require modification or additions in order to meet the
  needs of new or expanded programs.
Such plan shall include plans for new facilities and facility modifications
which will be required to meet the Department of Energy's changing missions of
the twenty-first century, including schedules and estimates for implementation,
and including a section outlining long-term funding requirements consistent
with anticipated budgets and annual authorization of appropriations. Such
plan shall address the coordination of modernization and consolidation of
facilities in order to meet changing mission requirements, and shall provide
for annual reports to Congress on accomplishments, conformance to schedules,
commitments, and expenditures.
  (e) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
  to the Secretary for Supporting Research and Technical Analysis, including
  Basic Energy Sciences, Energy Research Analysis, University and Science
  Education, Technology Transfer, Advisory and Oversight Program Direction,
  and Facilities Support for Multiprogram Energy Laboratories, $966,804,000
  for fiscal year 1993 and such sums as may be necessary for fiscal year 1994.
SEC. 2204. MATH AND SCIENCE EDUCATION PROGRAM.
  (a) PROGRAM- The Secretary shall enter into contracts with existing
  qualified entities to conduct science and mathematics education programs that
  supplement the Special Programs for Students from Disadvantaged Backgrounds
  carried out by the Secretary of Education under sections 417A through 417F
  of Public Law 89-329, as amended (20 U.S.C. 1070d through 1070d-1d).
  (b) PURPOSE- (1) The purpose of the programs shall be to provide support to
  Federal, State, and private programs designed to promote the participation
  of low-income and first generation college students as defined in section
  417A of Public Law 89-329, as amended (20 U.S.C. 1070d-d), in post-secondary
  science and mathematics education.
  (2) Support activities may include--
  (A) the development of educational materials;
  (B) the training of teachers and counselors;
  (C) the establishment of student internships;
  (D) the development of seminars on mathematics and  science;
  (E) tutoring in mathematics and science;
  (F) academic counseling;
  (G) the development of opportunities for research; and
  (H) such other activities that may promote the  participation of low-income
  and first generation college  students in post-secondary science and
  mathematics  education.
  (c) SUPPORT- (1) In carrying out the purpose of this section, the entities
  may provide support under subsection (b)(2) to--
  (A) low-income and first generation college students;  and
  (B) institutions of higher education, public and  private agencies and
  organizations, and secondary and middle  schools that principally benefit
  low-income students.
  (2) The qualified entities shall, to the extent practicable, coordinate
  support activities under this section with the Secretary of Education and
  the Secretary.
  (d) COOPERATION WITH QUALIFIED ENTITIES- The Secretary shall cooperate with
  qualified entities and, to the extent practicable, make available to the
  entities such personnel, facilities, and other resources of the Department
  of Energy as may be necessary to carry out the duties of the entities.
  (e) REPORT- Not later than October 1 of each year, the entities shall
  report to the Secretary, the Secretary of Education, and the Congress on--
  (1) progress made to promote the participation of  low-income and first
  generation college students in post-secondary science and mathematics
  education by--
  (A) the qualified entities;
  (B) other mathematics and science education programs of the Department of
  Energy; and
  (C) the Special Programs for Students from Disadvantaged Backgrounds of
  the Department of Education; and
  (2) recommendations for such additional actions as may  be needed to promote
  the participation of low-income  students in post-secondary science and
  mathematics  education.
  (f) EFFECT ON EXISTING PROGRAMS- The programs in this section shall
  supplement and be developed in cooperation with the current mathematics and
  science education programs of the Department of Energy and the Department
  of Education but shall not supplant them.
  (g) DEFINITION- For purposes of this section, the term `qualified entity'
  means a nonprofit corporation, association, or institution that has
  demonstrated special knowledge of, and experience with, the education of
  low-income and first generation college students and whose primary mission
  is the operation of national programs that focus on low-income students
  and provide training and other services to educators.
  (h) AUTHORIZATION- There are authorized to be appropriated such sums as
  may be necessary, to be derived from section 2203(e) and the Environmental
  Restoration and Waste Management program, to carry out the purposes of
  this section.
SEC. 2205. INTEGRATION OF RESEARCH AND DEVELOPMENT.
  Within 180 days after the date of enactment of this Act, the Secretary,
  in consultation with appropriate representatives of industry, institutions
  of higher education, Department of Energy national laboratories, and
  professional and technical societies, shall prepare and submit to Congress a
  5-year program plan for improving the integration of basic energy research
  programs with other energy programs within the Department of Energy. Such
  program plan shall include--
  (1) an evaluation of current procedures and mechanisms used to achieve
  such integration;
  (2) an assessment of the role that the Department of Energy national
  laboratories play in such integration;
  (3) an identification and evaluation of models that could enhance such
  integration;
  (4) an identification and evaluation of new programs, mechanisms, and related
  policy options that could improve the integrating process, including--
  (A) set aside funding for matching or leveraging basic and applied programs;
  (B) more formal linkages; and
  (C) program coordination;
  (5) recommendations for expanded research and development and new technology
  areas; and
  (6) budget estimates for activities under this section.
SEC. 2206. DEFINITIONS.
  For purposes of this title--
  (1) the term `advanced manufacturing technology' means processes, equipment,
  techniques, practices, and capabilities that are applied for the purpose of--
  (A) improving the productivity, quality, or energy efficiency of the design,
  development, testing, or manufacture of a product; or
  (B) expanding the technical capability to design, develop, test, or
  manufacture a product that is fundamentally different in character from
  existing products and that will result in improved energy efficiency;
  (2) the term `advanced materials' means materials that are processed,
  synthesized, fabricated, and manufactured to develop high performance
  properties that exceed the corresponding properties of conventional
  materials for structural, electronic, magnetic, or photonic applications,
  or for joining, welding, bonding, or packaging components into complex
  assemblies, including--
  (A) advanced monolithic materials such as metals, ceramics, and polymers;
  (B) advanced composite materials such as metal matrix (including
  intermetallics), polymer matrix, ceramic matrix, continuous fiber ceramic
  composite, and carbon matrix composites; and
  (C) advanced electronic, magnetic, and photonic materials, including
  superconducting, semiconductor, electrooptic, magnetooptic, thin-film,
  and special purpose coating materials used in technologies for energy
  efficiency, renewable energy, or electric power applications; and
  (3) the term `United States' means the 50 States of the United States,
  the District of Columbia, the Commonwealth of Puerto Rico, the United
  States Virgin Islands, Guam, the Northern Mariana Islands, and any other
  territory or possession of the United States.
TITLE XXIII--POLICY AND ADMINISTRATIVE PROVISIONS
SEC. 2301. POLICY ON MAJOR CONSTRUCTION PROJECTS.
  (a) REPORT AND MANAGEMENT PLAN- The Secretary shall submit to the Congress
  a report and management plan for any major construction project involving
  $100,000,000 or more, prior to the expenditure of those funds.
  (b) CONGRESSIONAL REVIEW- Expenditure of funds for a project described
  in subsection (a) may be made after a period of 30 calendar days (not
  including any day on which either House of Congress is not in session
  because of adjournment of more than 3 calendar days prior to a day certain)
  has passed after receipt of the report and management plan by Congress.
SEC. 2302. ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND COMMERCIAL
APPLICATION ADVISORY BOARD.
  (a) ESTABLISHMENT- The Secretary shall establish an Energy Research,
  Development, Demonstration, and Commercial Application Advisory Board
  (hereafter in this section referred to as the `Advisory Board').
  (b) RESPONSIBILITIES- The Advisory Board shall provide impartial technical
  advice to the Secretary to assist in the development of energy research,
  development, demonstration, and commercial application plans and reports
  under sections 6 and 15 of the Federal Nonnuclear Energy Research and
  Development Act of 1974 (42 U.S.C. 5905 and 5914), under section 801 of the
  Department of Energy Organization Act (42 U.S.C. 7321), and as otherwise
  provided in titles XX through XXIII of this Act. The Advisory Board shall
  also periodically review such plans and reports and their implementation
  in relation to the goals stated in section 2001 of this Act, and report the
  results of such review to the Secretary and the Congress. Such report shall
  be included as part of the report required under section 15 of the Federal
  Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5914).
  (c) USE OF EXISTING ADVISORY BOARD- The Secretary may use an existing
  advisory board to carry out the responsibilities described in subsection (b).
SEC. 2303. AMENDMENTS TO EXISTING LAW.
  (a) FEDERAL NONNUCLEAR ENERGY RESEARCH AND DEVELOPMENT ACT OF 1974
  AMENDMENTS- Section 6 of the Federal Nonnuclear Energy Research and
  Development Act of 1974 (42 U.S.C. 5905) is amended--
  (1) in subsection (a)--
  (A) by striking `the Administrator' and inserting `the Department of Energy
  Organization Act (42 U.S.C. 7101 et seq.), and titles XX through XXIII of the
  Energy Policy Act of 1992, the Secretary, in consultation with the Advisory
  Board established under section 2302 of the Energy Policy Act of 1992,';
  (B) by striking `(to the early 1980's)' in paragraph (1) and inserting `(the
  period up to 5 years after submission of the plan or its annual revision)';
  (C) by striking `(the early 1980's to 2000)' in paragraph (2) and inserting
  `(the period from 5 years to 10 years after submission of the plan or its
  annual revision)'; and
  (D) by striking `(beyond 2000)' in paragraph (3) and inserting `(the period
  beyond 10 years after submission of the plan or its annual revision)';
  (2) in subsection (b)--
  (A) by striking `Administrator' in paragraphs (1) and (2) and inserting
  `Secretary, in consultation with the Advisory Board established under
  section 2302 of the Energy Policy Act of 1992,';
  (B) by inserting `Such program shall be updated and transmitted to the
  Congress annually as part of the report required under section 15.' at
  the end of paragraph (1);
  (C) by striking `(to the early 1980's), middle-term (the early 1980's
  to 2000), and long-term (beyond 2000) time intervals' in paragraph (2)
  and inserting `, middle-term, and long-term time intervals described in
  subsection (a)(1) through (3)';
  (D) by striking `and' at the end of paragraph (3)(P);
  (E) by striking the period at the end of paragraph (3)(Q) and inserting
  a semicolon; and
  (F) by adding at the end of paragraph (3) the following new subparagraphs:
  `(R) to implement the Renewable Energy and Energy Efficiency Technology
  Competitiveness Act of 1989 (42 U.S.C. 12001 et seq.); and
  `(S) to implement titles XX through XXIII of the Energy Policy Act of
  1992.'; and
  (3) in subsection (c)--
  (A) by striking `Administrator' and inserting `Secretary, in consultation
  with the Advisory Board established under section 2302 of the Energy Policy
  Act of 1992,'; and
  (B) by inserting `Such program shall be updated and transmitted to the
  Congress annually as part of the report required under section 15.' after
  `and demonstration plans.'.
  (b) RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY COMPETITIVENESS ACT
  OF 1989 AMEND