Text: S.2166 — 102nd Congress (1991-1992)All Information (Except Text)

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Calendar No. 393
102d CONGRESS
2d Session
S. 2166
A BILL
To reduce the Nation's dependence on imported oil, to provide for the energy
security of the Nation, and for other purposes.
January 29, 1992
Read the second time and placed on the calendar
S 2166 PCS
Calendar No. 393
102d CONGRESS
2d Session
S. 2166
To reduce the Nation's dependence on imported oil, to provide for the energy
security of the Nation, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 29 (legislative day, JANUARY 3), 1992
Mr. JOHNSTON (for himself and Mr. WALLOP) introduced the following bill;
which was read the first time
January 29, 1992
Read the second time and placed on the calendar
A BILL
To reduce the Nation's dependence on imported oil, to provide for the energy
security of the Nation, and for other purposes.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled, That this Act may be referred to
  as the `National Energy Security Act of 1992'.
TABLE OF CONTENTS
Sec. 1. Table of contents and short title.
TITLE I--FINDINGS AND PURPOSES
Subtitle A--Findings and Purposes
Sec. 1101. Findings.
Sec. 1102. Purposes.
Subtitle B--Goals, Least-Cost Energy Strategy, and Director of Climate
Protection
Sec. 1201. Goals and policies.
Sec. 1202. Least-cost energy strategy.
Sec. 1203. Director of Climate Protection.
Sec. 1204. Repeal.
TITLE II--DEFINITIONS
Sec. 2101. Definitions.
TITLE IV--FLEETS AND ALTERNATIVE FUELS
Subtitle A--Alternative Fuel Fleets
Sec. 4101. Definitions.
Sec. 4102. Federal fleets.
Sec. 4103. State fleets.
Sec. 4104. Private and municipal fleets.
Sec. 4105. Rules of general applicability.
Sec. 4106. Exemptions.
Sec. 4107. Vehicle conversions.
Sec. 4108. Credits.
Sec. 4109. Reports.
Sec. 4110. Enforcement.
Sec. 4111. Implementation.
Subtitle B--Electric and Electric-Hybrid Vehicle Demonstration, Infrastructure
Development, and Conforming Amendments
Part A--Electric and Electric-Hybrid Vehicle Demonstration
Sec. 4201. Short title.
Sec. 4202. Definitions.
Sec. 4203. Program and solicitation.
Sec. 4204. Selection of proposals.
Sec. 4205. Discount payments to users.
Sec. 4206. Cost-sharing.
Sec. 4207. Reports to Congress.
Sec. 4208. Authorization.
Part B--Electric and Electric-Hybrid Vehicle Infrastructure Development
Sec. 4211. Short title.
Sec. 4212. Definitions.
Sec. 4213. Data acquisition to support infrastructure development and markets
for use of electric vehicles and electric-hybrid vehicles.
Sec. 4214. State infrastructure development plans.
Sec. 4215. Electric utility and other industry infrastructure development
projects.
Sec. 4216. Cost-sharing.
Sec. 4217. Compliance with existing law.
Sec. 4218. Authorization.
Part C--Amendment to the Alternative Motor Fuels Act
Sec. 4221. Amendments to the Energy Policy and Conservation Act.
Sec. 4222. Amendments to the Motor Vehicle Information and Cost Saving Act.
Subtitle C--Alternative Fuels
Sec. 4301. Short title.
Sec. 4302. Findings.
Sec. 4303. Purposes.
Sec. 4304. Definitions.
Sec. 4305. Replacement and alternative fuel program.
Sec. 4306. Alternative fuel demand estimates.
Sec. 4307. Voluntary supply commitments.
Sec. 4308. Secretarial authority.
Sec. 4309. Authorization.
Subtitle D--Mass Transit and Training
Sec. 4401. Mass transit.
Sec. 4402. Training program.
TITLE V--RENEWABLE ENERGY
Subtitle A--CORECT and COEECT
Sec. 5101. Duties of CORECT and COEECT.
Sec. 5102. Information and technical program.
Sec. 5103. Comprehensive energy technology evaluation.
Sec. 5104. Conforming amendment.
Subtitle B--Renewable Energy Initiatives
Sec. 5201. Renewable energy development, technology export,  training and
commercialization.
Sec. 5202. Report on waste minimization technologies in  industry.
Sec. 5203. Amendments to the Energy Policy and Conservation  Act.
Sec. 5204. Spark M. Matsunaga Renewable Energy and Ocean  Technology Center.
Sec. 5205. Renewable energy technical achievement award.
Subtitle C--Hydropower
Sec. 5301. Streamlining of Federal Power Act regulation.
Sec. 5302. State licensing jurisdiction over small projects.
Sec. 5303. Improvement at existing Federal facilities.
Sec. 5304. Water conservation and energy production.
Sec. 5305. Projects on fresh waters in the State of Hawaii.
Sec. 5306. Certain projects in the State of Alaska.
Sec. 5307. Extension of time limitation for certain projects in Arkansas.
TITLE VI--ENERGY EFFICIENCY
Subtitle A--Industrial, Commercial and Residential
Sec. 6101. Building energy efficiency codes.
Sec. 6102. Residential energy efficiency ratings and  mortgages.
Sec. 6103. Manufactured housing energy efficiency.
Sec. 6104. Improving efficiency in energy intensive  industries.
Sec. 6105. Report.
Sec. 6106. Voluntary guidelines for industrial plants.
Sec. 6107. Energy efficiency labeling for windows and window systems.
Sec. 6108. Energy efficiency information.
Sec. 6109. Energy efficiency labeling for lamp and  luminaires.
Sec. 6110. Commercial and industrial equipment standards.
Sec. 6111. Energy efficiency of showerheads.
Subtitle B--Federal Energy Management
Sec. 6201. Federal energy management amendments.
Sec. 6202. Plan regarding demonstration of new technology.
Sec. 6203. Study of Federal purchasing power.
Subtitle C--Utilities
Sec. 6301. Encouragement of investments in conservation and energy efficiency
resources and study of  certain state ratemaking policies.
Sec. 6302. Conservation grants to state regulatory  authorities.
Sec. 6303. Integrated resource planning by customer of power marketing
administrations.
Sec. 6304. Tennessee Valley Authority. Integrated resource planning and
implementation.
Subtitle E--State, Local, Insular and Tribal Energy Assistance
Sec. 6501. Insular areas energy assistance program.
Sec. 6502. State buildings energy incentive fund.
Sec. 6503. Private sector investments in low income  weatherization.
Sec. 6504. Training of building designers and contractors.
Sec. 6505. Energy education and teacher training.
Sec. 6506. Tribal government energy assistance program.
Sec. 6507. State energy conservation plan requirement.
Subtitle F--LIHEAP Options Pilot Program
Sec. 6601. Short title.
Sec. 6602. Study.
Sec. 6603. Authority for pilot programs.
Sec. 6604. Definitions.
TITLE VIII--ADVANCED NUCLEAR REACTOR COMMERCIALIZATION
Sec. 8101. Short title.
Sec. 8102. Findings, purposes, and definitions.
Sec. 8103. Program, goals, and plan.
Sec. 8104. Commercialization of advanced light water reactor technology.
Sec. 8105. Prototype demonstration of advanced nuclear reactor technology.
Sec. 8106. Authorization.
TITLE IX--NUCLEAR REACTOR LICENSING
Sec. 9101. Short title.
Sec. 9102. Combined licenses.
Sec. 9103. Post-construction hearings on combined licenses.
Sec. 9104. Rulemaking.
Sec. 9105. Amendment of a combined license pending a hearing.
Sec. 9106. Conforming amendment.
Sec. 9107. Effect on pending proceedings.
TITLE X--URANIUM
Subtitle A--Uranium Enrichment
Sec. 10101. Short title.
Sec. 10102. Deletion of section 161v.
Sec. 10103. Redirection of the uranium enrichment enterprise of the United
States.
Sec. 10104. Treatment of the Corporation as being privately owned for purposes
of the applicability of environmental and occupational safety laws.
Sec. 10105. Miscellaneous provisions.
Sec. 10106. Limitation on expenditures.
Sec. 10107. Severability.
Sec. 10108. Effective date.
Sec. 10109. Payment of cost of transfer.
Subtitle B--Uranium
PART 1--Short Title, Findings and Purpose, Definitions
Sec. 10211. Short title.
Sec. 10212. Findings and purpose.
Sec. 10213. Definitions.
PART 2--Uranium Revitalization
Sec. 10221. Voluntary overfeed program.
Sec. 10222. National Strategic Uranium Reserve.
Sec. 10223. Responsibility for the industry.
Sec. 10224. Government uranium purchases.
Sec. 10225. Secretary's authority to make regulations.
PART 3--Remedial Action for Active Processing Sites
Sec. 10231. Remedial action program.
Sec. 10232. Regulations.
Sec. 10233. Authorization.
PART 4--Imports of Uranium, Enriched Uranium, and Uranium Enrichment Services
Sec. 10241. Findings and purposes.
Sec. 10242. Definitions.
Sec. 10243. United States International Trade Commission investigation.
Sec. 10244. Uranium purchase reports.
Sec. 10245. Regulatory treatment of uranium purchases.
Sec. 10246. United States purchase of enriched uranium.
TITLE XI--NATURAL GAS
Sec. 11101. Optional certificate procedures.
Sec. 11102. Transportation of natural gas under the NGPA.
Sec. 11103. NEPA compliance.
Sec. 11104. Rates and charges.
Sec. 11105. Utilization of rulemaking procedures.
Sec. 11106. Review of commission orders.
Sec. 11107. Limited antitrust relief for independent gas producer cooperatives.
Sec. 11108. Vehicular natural gas jurisdiction.
Sec. 11109. Streamlined certificate procedures.
Sec. 11110. Gas delivery interconnection.
Sec. 11111. Deregulation of pipeline sales of natural gas.
Sec. 11112. Commission policy making.
TITLE XII--OUTER CONTINENTAL SHELF
Sec. 12101. Coastal State and community Outer Continental Shelf impact
assistance.
Sec. 12102. Report on the availability of the Outer Continental Shelf for
leasing.
Sec. 12103. Prohibition of leasing and preleasing activity.
TITLE XIII--RESEARCH, DEVELOPMENT, DEMONSTRATION AND COMMERCIALIZATION
ACTIVITIES
Sec. 13101. Energy research, development, demonstration, and  commercialization
priorities.
Sec. 13102. Management plan.
Sec. 13103. Natural gas end-use technologies.
Sec. 13104. Natural gas supply enhancement.
Sec. 13105. High efficiency heat engines.
Sec. 13106. Oil shale research and development.
Sec. 13107. Western oil shale research and development.
Sec. 13108. High-temperature superconducting electric power system.
Sec. 13109. Renewable energy research and development.
Sec. 13110. Energy efficiency research and development.
Sec. 13111. Natural gas and electric heating and cooling technologies.
Sec. 13112. Fusion.
Sec. 13113. Electric vehicle, electric-hybrid vehicle, and associated
equipment research and development.
Sec. 13114. Advanced oil recovery research, development and demonstration.
Sec. 13115. Tar sands.
Sec. 13116. Telecommuting study.
Sec. 13117. Study of minimization of nuclear waste.
Sec. 13118. Nuclear waste management plan.
Sec. 13119. Math and science education program.
TITLE XIV--COAL, COAL TECHNOLOGY, AND ELECTRICITY
Subtitle A--Coal and Coal Technology
Sec. 14101. Coal research, development and demonstration program.
Sec. 14102. Non-fuel use of coal.
Sec. 14103. Coal refining program.
Sec. 14104. Underground coal gasification.
Sec. 14105. Low rank coal research and development.
Sec. 14106. Magnetohydrodynamics.
Sec. 14107. Coal fired locomotives.
Sec. 14108. Coal exports.
Sec. 14109. Clean Coal Technology Export Coordinating Council.
Sec. 14110. Coal fuel mixtures.
Sec. 14111. National clearing house.
Sec. 14112. Study of utilization of coal combustion byproducts.
Sec. 14113. Establishment of data base and study of coal  transportation rates.
Subtitle B--Electricity
Sec. 14202. Excess capacity study.
Sec. 14203. Calculation of avoided cost.
Sec. 14204. Clean coal technology regulatory incentives.
TITLE XV--PUBLIC UTILITY HOLDING COMPANY ACT REFORM
Sec. 15101. Exempt wholesale generators.
Sec. 15102. Ownership of exempt wholesale generators and qualifying facilities.
Sec. 15103. Prevention of stranded investment.
Sec. 15104. Prevention of sham wholesale transactions.
Sec. 15105. Protection against abuse of affiliate relationships.
Sec. 15106. State authority.
Sec. 15107. 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. 15108. State commission access to EWG books and records.
TITLE XVI--STRATEGIC PETROLEUM RESERVE
Sec. 16101. Oil security protection.
TITLE I--FINDINGS AND PURPOSES
Subtitle A--Findings and Purposes
  SEC. 1101. FINDINGS- The Congress finds that--
  (1) the achievement of energy security for the United States is essential to
  the health of the national economy and the maintenance of national security;
  (2) as an energy-rich country that nonetheless depends on oil imports for
  an increasing share of oil use, United States energy security requires
  that the Nation reduce oil consumption, maximize domestic oil production,
  and particularly for transportation purposes, encourage use of energy
  sources other than oil; and
  (3) this can be accomplished with no significant adverse effect on the
  environment, and will stimulate economic growth, improve the competitiveness
  of United States industry in the global market, and reduce the possibility
  of global climate change.
  SEC. 1102. PURPOSES--The purposes of this Act are to--
  (1) slow the Nation's increasing dependence on imported oil over the
  short-term, and in the long-term significantly reduce that dependence;
  (2) reduce the consumption of oil in the transportation sector, and
  encourage development and use of alternative energy sources, particularly
  for transportation;
  (3) encourage development and deployment of renewable energy sources in the
  United States and on an international basis in lesser-developed countries;
  (4) streamline the hydroelectric licensing process and encourage
  hydroelectric development at Federal dams;
  (5) encourage more efficient use of energy throughout the economy, including
  improvements in the industrial, commercial and residential sectors,
  increasing energy efficiency in Federal energy management, and encouraging
  more efficient energy use by electric utilities;
  (7) encourage the production and use of nuclear power by providing for the
  commercialization of advanced nuclear reactor technologies and improving
  the nuclear reactor licensing process;
  (8) enhance the competitive position of the Federal uranium enrichment
  enterprise;
  (9) encourage increased utilization of natural gas and other domestic
  energy resources to displace imported oil and meet domestic energy demand
  in a manner consistent with environmental values;
  (10) encourage the development of domestic energy resources on the Outer
  Continental Shelf;
  (11) establish priorities for Federal energy research, development,
  demonstration, and commercialization;
  (12) encourage enhanced oil and gas recovery from known and producing
  domestic reserves;
  (13) enhance the role of coal and clean coal technology in meeting the
  Nation's energy needs;
  (14) foster competition in the electric utility industry; and
  (15) provide enhanced oil security protection through the Strategic
  Petroleum Reserve.
Subtitle B--Goals, Least-Cost Energy Strategy, and Director of Climate
Protection
  SEC. 1201. GOALS AND POLICIES- (a) GOALS- The goals of this subtitle are to--
  (1) investigate the feasibility and economic, energy, social, environmental
  and competitive implications of the stabilization of the generation of
  carbon dioxide and other greenhouse gases in the United States;
  (2) assess the feasibility of further limiting, or reducing, the generation
  of carbon dioxide and other greenhouse gases not controlled by the 1987
  Montreal Protocol on Substances that Deplete the Ozone Layer;
  (3) investigate the feasibility and economic, energy, social, and
  environmental implications of achieving a 20 percent reduction in the
  generation of carbon dioxide by the year 2005 as recommended by the 1988
  Toronto Scientific World Conference on the Changing Atmosphere;
  (4) investigate the feasibility and economic, energy, social, and
  environmental implications of stabilizing carbon dioxide emissions by the
  year 2005; and
  (5) evaluate the potential social, economic, energy, and environmental
  implications of implementing the policies mentioned in paragraphs (1),
  (2), (3), and (4) in order to enable the United States to comply with
  any obligations under an international global climate change framework
  convention or agreement.
  (b) POLICIES- The least-cost energy strategy under section 1202 shall
  evaluate the economic, energy, social, environmental, technical, and
  competitive impacts of the implementation of policies to be considered in
  section 1201(a) that include, but are not limited to, 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 carbon dioxide and other 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 carbon
  dioxide and other greenhouse gases as a byproduct, and encourage the
  deployment of nuclear electric generating capacity.
  (c) CHLOROFLUOROCARBONS- The reduction of the generation of
  chlorofluorocarbons shall be in accordance with the provisions of the
  Montreal Protocol, unless subsequent Federal legislation is enacted
  establishing new guidelines for the reduction or elimination of the use
  of chlorofluorocarbons.
  (d) FRAMEWORK CONVENTION- In order to promote international cooperation in
  addressing potential global climate change, it is the goal of the United
  States to establish by 1992, an international framework convention on global
  climate change through the activities of the Negotiating Committee for a
  Framework Convention of the United Nations International Environmental
  Program and the World Meteorological Organization and to secure the
  commitment of the community of nations to such convention.
  SEC.  1202. LEAST-COST ENERGY STRATEGY- (a) STRATEGY- The first National
  Energy Policy Plan (the `Plan') under section 801 of the Department
  of Energy Organization Act (42 U.S.C. 7321) prepared and submitted by
  the President to Congress after the date of the enactment of this Act,
  and each subsequent such Plan, shall include a least-cost energy strategy
  prepared by the Secretary.
  (b) PRIORITIES- (1) The least-cost energy strategy shall identify Federal
  priorities for the encouragement of the use of energy and energy efficiency
  resources. In developing the least-cost energy strategy, the Secretary shall
  take into consideration the economic, energy, social, and environmental
  consequences of his choices. Such strategy shall be designed to achieve
  to the maximum extent practicable and at least-cost to the Nation--
  (A) the energy production, utilization, and conservation objectives of
  the Plan; and
  (B) the stabilization and eventual reductions in the generation of carbon
  dioxide and other greenhouse gases mentioned in section 1201(a).
  (2) The least-cost energy strategy shall include--
  (A) a comprehensive inventory of available energy and energy efficiency
  resources and their projected costs, taking into account all costs of
  production, transportation, and utilization of such resources, including--
  (i) coal, clean coal technologies, coal seam methane, and underground
  coal gasification;
  (ii) energy efficiency, including existing technologies for increased
  efficiency in production, transportation, and utilization of energy, and
  other technologies that are anticipated to be available through further
  research and development; and
  (iii) other energy resources, such as renewable energy, solar energy,
  nuclear fission, fusion, geothermal, biomass, fuel cells, and hydropower.
  (B) a proposed two-year program for assuring adequate supplies of energy
  and energy efficiency resources under paragraph (1), and an identification
  of actions that can be undertaken within existing Federal authority; and
  (C) recommendations for any new Federal authority needed to achieve the
  purposes of this Act.
  (c) SECRETARIAL CONSIDERATION- (1) In developing the least-cost energy
  strategy, the Secretary shall give full consideration to:
  (A) the relative costs of energy and energy efficiency resources based
  upon a comparison of the estimated system costs of other similarly reliable
  and available resources; and
  (B) the economic, energy, social and environmental consequences resulting
  from the establishment of any particular order of Federal priority.
  (2) System costs under paragraph (1) are all direct and quantifiable net
  costs for the 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.
  (3) When comparing an energy efficiency resource to an energy resource,
  a higher priority shall be assigned to the energy efficiency resource
  whenever its estimated system cost is equal to the estimated system cost
  of the energy resource.
  SEC. 1203. DIRECTOR OF CLIMATE PROTECTION- (a) APPOINTMENT- Within six
  months after the date of the enactment of this Act, the Secretary shall
  appoint within the Department, a Director of Climate Protection (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;
  (2) monitor domestic and international policies for their effects on the
  generation of carbon dioxide and other greenhouse gases; and
  (3) have the authority to participate in the planning activities of relevant
  Departmental programs.
  (b) Beginning 18 months after the date of the enactment of this Act, and
  annually thereafter, the Director shall participate in the formulation of
  the least-cost energy strategy under section 1202, research and development
  priorities under section 13101, and the management plan under section 13102.
  SEC. 1204. REPEAL- Title III of the Energy Security Act (42 U.S.C. 7361,
  et. seq.) is hereby repealed.
TITLE II--DEFINITIONS
  SEC. 2101. DEFINITIONS- As used in this Act the term--
  (a) `Secretary' means the Secretary of Energy, unless otherwise provided;
  (b) `joint venture' means any agreement entered into under this Act by
  the Secretary with more than one or a consortium of non-Federal persons
  (including a joint venture under the National Cooperative Research Act of
  1984 (15 U.S.C. 4301 et seq.)) for cost-shared research, development, or
  demonstration of technologies, but does not include procurement contracts,
  grant agreements, or cooperative agreements as those terms are used
  in sections 6303, 6304, and 6305 of title 31, United States Code, and
  joint ventures authorized herein shall be conducted in accordance with
  the procedures and requirements of paragraphs (b)(1), (b)(2) and (b)(5)
  of section 6 of the Renewable Energy and Energy Efficiency Technology
  Competitiveness Act of 1989 (Public Law 101-218);
  (c) `non-Federal person' has the same meaning as set forth in subsection
  (3) of section 3 of the Renewable Energy and Energy Efficiency Technology
  Competiveness Act of 1989 (Public Law 101-218); and
  (d) `lesser-developed countries' shall include, but not be limited to,
  Eastern Europe and the Soviet Union.
TITLE IV--FLEETS AND ALTERNATIVE FUELS
Subtitle A--Alternative Fuel Fleets
  SEC. 4101. DEFINITIONS- For the purposes of this subtitle--
  (1) `alternative fuel' means methanol, ethanol, and other alcohols;
  mixtures containing 85 percent or more by volume of methanol, ethanol,
  or other alcohol with gasoline or other fuels; natural gas; liquefied
  petroleum gas; hydrogen; coal-derived liquid fuels; and electricity;
  (2) `alternative fuel vehicle' means a motor vehicle that--
  (A) operates solely on alternative fuel; or
  (B) is a flexi-fueled vehicle;
  (3) `diesel truck' means a truck that has a gross vehicle weight over
  8,500 pounds and under 26,000 pounds and is powered by diesel fuel;
  (4) `Federal agency' means any executive department, military department,
  government corporation, independent establishment, executive agency,
  the United States Postal Service, the Congress, and the courts of the
  United States;
  (5) `fleet' means a number of motor vehicles that are centrally fueled
  or capable of being centrally fueled and are owned, operated, leased,
  or otherwise controlled by a Federal agency, State, or person. This term
  does not include--
  (A) motor vehicles held for daily lease or rental to the general public;
  (B) motor vehicles held for sale by motor vehicle dealers, including
  demonstration vehicles;
  (C) motor vehicles used for motor vehicle manufacturer product evaluations
  or tests;
  (D) law enforcement vehicles;
  (E) emergency vehicles;
  (F) military vehicles that the Secretary of Defense has certified to the
  Secretary must be exempt for national security reasons;
  (G) non-road vehicles, including farm and construction vehicles; or
  (H) vehicles that under normal operations are garaged at a personal
  residence at night;
  (6) `flexi-fueled vehicle' means a motor vehicle that can operate on
  alternative and non-alternative fuel;
  (7) `motor vehicle' means--
  (A) any four-wheel passenger automobile, as the term `passenger automobile'
  is defined in section 501(2) of the Motor Vehicle Information and Cost
  Savings Act (15 U.S.C. 2001(2));
  (B) any truck with a gross vehicle weight up to 26,000 pounds, including
  `light trucks,' as defined in section 501(15) of the Motor Vehicle
  Information and Cost Savings Act (15 U.S.C. 2001(15)) and `diesel trucks'
  as defined in this section;
  (C) and any bus designed to transport more than ten persons;
  (8) `person' means--
  (A) any individual, corporation, partnership, or association;
  (B) any municipality or political subdivision of a State;
  (9) `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; and
  (10) `State' means a State, any agency of a State (but not a municipality
  or political subdivision of a State), or the District of Columbia.
  SEC. 4102. FEDERAL FLEETS- (a) PURCHASE REQUIREMENTS- When any Federal
  agency purchases, leases, or otherwise acquires vehicles for a Federal
  fleet, in the years specified in this section, the following percentage of
  the vehicles purchased, leased, or otherwise acquired shall be alternative
  fuel vehicles in the respective years--
  (1) in 1995, 10 percent;
  (2) in 1996, 15 percent;
  (3) in 1997, 25 percent;
  (4) in 1998, 50 percent;
  (5) in 1999, 75 percent; and
  (6) in 2000 and each year thereafter, 90 percent.
  (b) PROGRAM COORDINATION- The Secretary shall work with the Administrator
  of General Services and the head of each Federal agency to plan effective
  coordination and cooperation by Federal agencies in the purchase, use,
  and refueling of alternative fuel vehicles acquired under this section or
  other provisions of law.
  (c) REFUELING- The Administrator of General Services shall, to the maximum
  extent practicable, arrange for the fueling of alternative fuel vehicles
  acquired under this section at commercial fueling facilities that are open
  to the public and offer alternative fuels for sale to the public.
  (d) COST OF VEHICLES TO FEDERAL AGENCY- Notwithstanding the provisions
  of section 211 of the Federal Property and Administrative Services Act
  of 1949 (40 U.S.C. 491), the Administrator of General Services shall not
  include the incremental costs of alternative fuel vehicles in the amount
  to be reimbursed by Federal agencies if the Administrator determines that
  appropriations provided pursuant to this section are sufficient to provide
  for the incremental cost of such vehicles over the cost of comparable
  conventional vehicles.
  (e) LIMITATIONS ON APPROPRIATIONS- Funds appropriated pursuant to the
  authorization under this section shall be applicable only--
  (1) to the portion of the cost of acquisition, maintenance, and operation of
  vehicles acquired under this paragraph which exceeds the cost of acquisition,
  maintenance, and operation of comparable conventional vehicles;
  (2) to the portion of the costs of fuel storage and dispensing equipment
  attributable to such vehicles which exceeds the costs for such purposes
  required for conventional vehicles; and
  (3) to the portion of the costs of acquisition of alternative fuel vehicles
  which represents a reduction in revenue from the disposal of such vehicles
  as compared to revenue resulting from the disposal of comparable conventional
  vehicles.
  (f) VEHICLE COSTS- The incremental cost of vehicles acquired under this
  section over the cost of comparable conventional vehicles shall not be
  applied to any calculation with respect to a limitation under law on the
  maximum cost of individual vehicles which may be acquired by the United
  States.
  (g) AUTHORIZATION- There is authorized to be appropriated such sums as
  may be necessary to carry out the provisions of this section. Such sums
  as are appropriated for the Administrator of General Services pursuant to
  the authorization under this section shall be added to the General Supply
  Fund established in section 109 of the Federal Property and Administrative
  Services Act of 1949 (40 U.S.C. 756).
  SEC. 4103. STATE FLEETS- When any State that owns, operates, leases,
  or otherwise controls at least 50 motor vehicles purchases, leases,
  or otherwise acquires motor vehicles for use in 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 Census, with a 1980 population of 250,000 or more, the following
  percentage of the vehicles purchased, leased, or otherwise acquired for
  such fleet in the years specified shall be alternative fuel vehicles--
  (1) in 1995, 10 percent;
  (2) in 1996, 15 percent;
  (3) in 1997, 25 percent;
  (4) in 1998, 50 percent;
  (5) in 1999, 75 percent; and
  (6) in 2000 and each year thereafter, 90 percent.
  SEC. 4104. PRIVATE AND MUNICIPAL FLEETS- When any covered person that owns,
  operates, leases, or otherwise controls at least 50 motor vehicles purchases,
  leases, or otherwise acquires vehicles for 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
  Census, with a 1980 population of 250,000 or more, the following percentage
  of the vehicles purchased, leased, or otherwise acquired for such fleet
  in the years specified shall be alternative fuel vehicles--
  (1) in 1998, 30 percent;
  (2) in 1999, 50 percent; and
  (3) in 2000 and each year thereafter, 70 percent.
  SEC. 4105. RULES OF GENERAL APPLICABILITY- (a) TREATMENT OF FRACTIONS-
  If the number of vehicles purchased, leased, or otherwise acquired by a
  Federal agency, State, or covered person in any year when multiplied by the
  percentage specified in section 4102, 4103, or 4104 contains a fraction,
  the number of vehicles required to be alternative fuel vehicles shall be
  increased to the next whole number.
  (b) FUEL USE REQUIREMENT- The vehicles purchased pursuant to section 4102,
  4103, or 4104 shall be operated solely on alternative fuels except when
  operating in an area where the appropriate alternative fuel is unavailable.
  (c) DIESEL TRUCKS- Any Federal agency, State, or covered person that operates
  a fleet that is subject to the requirements of section 4102, 4103, or 4104,
  respectively, and contains one or more diesel trucks may purchase, lease,
  or otherwise acquire diesel trucks after 1994 in proportion (relative to
  the total number of motor vehicles) to the number of diesel trucks in the
  agency, State, or person's fleet that is subject to the requirements of
  section 4102, 4103, or 4104 on the date of enactment of this subtitle,
  notwithstanding such sections.
  (d) DELAYED PURCHASE OPTION- Any covered person subject to section 4104
  may postpone the acquisition of alternative fuel vehicles required to be
  acquired in 1998 and 1999, but after 1999, such person may only acquire
  alternative fuel vehicles until such person acquires a cumulative number
  of such vehicles which exceeds 150 percent of the cumulative number of
  alternative fuel vehicle purchases that would have been needed to meet
  the 1998 and 1999 requirements of section 4104. Such acquisitions shall be
  in addition to any acquisition requirements under section 4104 for years
  after 1999.
  SEC. 4106. EXEMPTIONS- (a) VEHICLE AND FUEL AVAILABILITY- The Secretary shall
  exempt any Federal agency, State, or covered person from the requirements
  of section 4102, 4103, or 4104, respectively, in whole or in part, if the
  Secretary determines that:
  (1) alternative fuel vehicles meeting the requirements of such Federal
  agency, State, or person are not available for purchase, lease, or
  acquisition by other means; or
  (2)(A) commercial alternative fuel refueling facilities are not available
  to the Federal agency, State, or person in the area in which the vehicles
  are operated; and
  (B) providing an alternative fuel refueling facility for such agency, State,
  or person's alternative fuel vehicles would be economically impracticable.
  (b) DURATION OF EXEMPTIONS- An exemption granted by the Secretary under
  subsection (a) shall be for an initial period of no more than 12 months
  and shall be renewable for additional periods of no more than 12 months.
  SEC. 4107. VEHICLE CONVERSIONS- The requirements of sections 4102, 4103,
  and 4104 may be met through the conversion of existing or new gasoline
  or diesel-powered vehicles to alternative fuel vehicles. For purposes of
  such sections, the conversion of a vehicle to an alternative fuel vehicle
  shall be treated as the purchase of an alternative fuel vehicle. Nothing
  in this subtitle shall be construed to require any Federal agency, State,
  or covered person to convert existing or new gasoline or diesel-powered
  vehicles to alternative fuel vehicles or to purchase converted vehicles.
  SEC. 4108. CREDITS- (a) IN GENERAL- The Secretary shall allocate a credit
  to a State or covered person that is subject to the requirements of
  section 4103 or 4104, respectively, if that State or person purchases an
  alternative fuel vehicle in excess of the number that State or person is
  required to purchase under section 4103 or 4104 or purchases an alternative
  fuel vehicle before the date that State or person is required to purchase
  an alternative fuel vehicle under such section.
  (b) ALLOCATION- In allocating credits under subsection (a), the Secretary
  shall allocate one credit for each alternative fuel vehicle the State
  or covered person purchases that exceeds the number of alternative fuel
  vehicles that State or person is required to purchase under section
  4103 or 4104 or that is purchased before the date that State or person is
  required to purchase an alternative fuel vehicle under such section. In the
  event that a vehicle is purchased before the date otherwise required, the
  Secretary shall allocate one credit per vehicle for each year the vehicle
  is purchased before the required date. The credit shall be allocated for
  the same type vehicle as the excess vehicle or earlier purchased vehicle.
  (c) USE OF CREDITS- At the request of a State or covered person allocated
  a credit under this section, the Secretary shall treat the credit as the
  purchase of one alternative fuel vehicle of the type for which the credit is
  allocated in the year designated by that State or person when determining
  whether that State or person has complied with this subtitle in the year
  designated. A credit may be counted toward compliance for only one year.
  (d) TRANSFERABILITY- A State 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 State or person who is required to
  comply with this subtitle. At the request of the State or person to whom
  a credit is transferred, the Secretary shall treat the transferred credit
  as the purchase of one alternative fuel vehicle of the type for which the
  credit is allocated in the year designated by the State or person to whom
  the credit is transferred when determining whether that State or person
  has complied with this subtitle in the year designated. A transferred
  credit may be counted toward compliance for only one year.
  SEC. 4109. REPORTS- The Secretary may require a Federal agency, State,
  or covered person to file with the Secretary the reports the Secretary
  determines necessary to implement this subtitle.
  SEC. 4110. ENFORCEMENT- (a) CIVIL PENALTIES- A State or covered person
  who violates a requirement or prohibition of section 4103 or 4104,
  respectively, or 4105(b) is subject to a civil penalty of not more than
  $2,500 per violation. Each month in which a violation occurs constitutes
  a separate violation, unless the violator establishes that the vehicle
  necessary to comply with this subtitle could not be purchased, leased, or
  otherwise acquired in that month. The first month of a violation of the
  yearly acquisition requirements of section 4103 or 4104 is the month in
  which a State or person purchases, leases, or otherwise acquires vehicles
  that result in noncompliance with the yearly alternative fuel vehicle
  purchase requirement under that section. Each month in which compliance
  has not been achieved after the first month is a separate violation.
  (b) CIVIL ACTIONS- The Secretary may request the Attorney General to commence
  a civil action for a permanent or temporary injunction or to assess and
  recover any civil penalty under subsection (a) of this section. An action
  under this subsection may be brought in the district court of the United
  States for the district in which the violation is alleged to have occurred
  or in which the defendant resides or has his principal place of business. The
  court in which the action has been brought may restrain a violation, require
  compliance, assess a civil penalty, collect any noncompliance assessment and
  nonpayment penalty owed the United States, and award any other appropriate
  relief. In such an action, subpoenaes for witnesses who are required to
  attend a district court in any district may run into any other district.
  (c) MITIGATION OF PENALTIES- In the determining the amount of a penalty to
  be assessed under this section, the court shall take into consideration,
  in addition to other factors justice may require, the size of the business,
  the economic impact of the penalty on the business, the violator's full
  compliance history and good faith efforts to comply, the duration of the
  violation as established by any credible evidence, payment by the violator
  of penalties previously assessed for the same violation, the economic
  benefit of noncompliance, and the seriousness of the violation.
  SEC. 4111. IMPLEMENTATION- (a) REGULATIONS- Within 180 days after the
  date of enactment of this subtitle the Secretary shall issue regulations
  to implement this subtitle. Such regulations shall include measures to
  ensure that Federal agencies, States, and covered persons comply with
  the requirements of sections 4102, 4103, and 4104, respectively, and the
  criteria by which the Secretary will determine whether to exempt agencies,
  States, and covered persons from such requirements under section 4105.
  (b) DELEGATION TO STATES- The Secretary may delegate the administration
  and enforcement of this subtitle within any State to the Governor of such
  State if--
  (1) the Governor certifies that the State has a program to administer and
  enforce the subtitle; and
  (2) the Secretary finds that the State program is in accordance with the
  requirements of the subtitle.
  (c) FINANCIAL ASSISTANCE- There is authorized to be appropriated not
  more than $20,000,000 to remain available until expended for purposes of
  providing financial assistance to States to which the Secretary delegates
  administration and enforcement of this subtitle.
Subtitle B--Electric and Electric-Hybrid Vehicle Demonstration, Infrastructure,
Development, and Conforming Amendments
Part A--Electric and Electric-Hybrid Vehicle Demonstration
  SEC. 4201. SHORT TITLE- This part may be cited as the `Electric and
  Electric-Hybrid Vehicle Demonstration Act'.
  SEC. 4202. DEFINITIONS- For the purposes of this part, the term--
  (1) `associated equipment' means that equipment necessary for the
  regeneration, refueling or recharging of batteries or other forms of
  electric energy used to power an electric vehicle and, in the case of
  electric-hybrid vehicles, that equipment necessary for the application or
  use of the non-electric source of power in such vehicles;
  (2) `comparable conventionally-fueled vehicle' means a commercially available
  vehicle powered by an internal combustion engine that utilizes gasoline or
  diesel fuel as its fuel source and provides passenger capacity or payload
  capacity comparable or similar to an electric vehicle or electric hybrid
  vehicle, as determined by the Secretary;
  (3) `discount payment' means that discount from the electric vehicle
  suggested retail price provided to the user of an electric vehicle or
  electric-hybrid vehicle as determined pursuant to section 4205 of this part;
  (4) `electric vehicle' means a vehicle powered by an electric motor that
  draws current from rechargeable storage batteries, fuel cells, or other
  sources of electric current;
  (5) `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-electrical source of power;
  (6) `electric vehicle suggested retail price' or `electric-hybrid vehicle
  suggested retail price' means the price (including any additions to the
  price of such vehicle added as a result of delivery to the point of use
  of such vehicles) of an electric vehicle or electric-hybrid vehicle set
  forth in a cooperative agreement under section 4203(b), not adjusted to
  reflect any discount payment that may be available under this part;
  (7) `eligible metropolitan area' means--
  (A) any ozone non-attainment area classified under subpart 2 of part D of
  title I of the Clean Air Act, as amended, as Serious, Severe, or Extreme
  as of the date of enactment of this part;
  (B) any carbon monoxide nonattainment area with a carbon monoxide design
  value at or above 16.0 parts per million based on data available as of
  the date of enactment of this part, but does not include carbon monoxide
  nonattainment areas in which mobile sources do not contribute significantly
  to carbon monoxide exceedences; or
  (C) any other metropolitan statistical area 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 part;
  (8) `manufacturer' means a person or entity that produces an electric
  vehicle or electric-hybrid vehicle and is capable, if determined to be
  by the Secretary, of providing service and parts for such vehicle for a
  period of five years or more;
  (9) `proposer' means a person or entity that submits a proposal to conduct
  a demonstration project under the program authorized by this part and may
  include a unit of State or local government;
  (10) `retail price differential' means the difference between the comparable
  conventionally-fueled vehicle suggested retail price and the electric
  vehicle or electric-hybrid vehicle suggested retail price;
  (11) `suggested retail price' means the price (including any additions to
  the price of such vehicle added as a result of delivery to the point of use
  of such vehicle) of a commercially available conventionally-fueled vehicle,
  as determined by the manufacturer's established retail price, not adjusted
  to reflect any reductions in such price discounts that may be available; and
  (12) `user' means a person or entity that purchases or leases an electric
  vehicle or electric-hybrid vehicle, including fleet operators.
  SEC. 4203. PROGRAM AND SOLICITATION- (a) PROGRAM- The Secretary shall
  conduct a program to demonstrate electric vehicles, electric-hybrid vehicles
  and the associated equipment of such vehicles, in consultation with the
  Electric and Hybrid Vehicle Program Site Operators, vehicle manufacturers,
  the electric utility industry, and such other persons as the Secretary deems
  appropriate. Such program shall be structured to evaluate the performance of
  such vehicles in field operation, including fleet operation, and evaluate
  the necessary supporting infrastructure for electric and electric-hybrid
  vehicle commercialization.
  (b) SOLICITATION- (1) Not later than one year after the date of enactment
  of this part, the Secretary shall solicit proposals to demonstrate electric
  vehicles, electric-hybrid vehicles or such vehicles and associated equipment
  in one or more eligible metropolitan areas.
  (2) The solicitation shall require the proposer to include in the proposal
  a description of the proposal including the manufacturer or manufacturers
  of the electric or electric-hybrid vehicles; the intended users of the
  vehicles; the eligible metropolitan area or areas involved; the number of
  vehicles to be demonstrated and their type, characteristics, and life-cycle
  costs; the retail 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;
  and any other information the Secretary requires to make selections under
  section 4204. If the proposal includes a lease arrangement, the proposal
  shall indicate the terms of such lease arrangement for the electric vehicles,
  electric-hybrid vehicles or associated equipment.
  (c) ADDITIONAL SOLICITATIONS- The Secretary may make additional solicitations
  for proposals if the Secretary determines that such solicitations are
  necessary to carry out the purposes of this part.
  SEC. 4204. 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, may,
  not later than 120 days after receipt of proposals under section 4203,
  select at least one, but not more than ten, proposals for negotiation of
  cooperative agreements to receive financial assistance under section 4205.
  (2) Any proposal selected for negotiation under paragraph (1) must satisfy
  the limitations set forth in section 4205(c).
  (3) If the Secretary intends to enter into four or more cooperative
  agreements, at least one such cooperative agreement shall be for a
  demonstration project located in an eligible metropolitan area referred
  to in section 4202(7)(C) and which is not located in a nonattainment area
  referred to in sections 4202(7)(A) or (B).
  (b) CONSIDERATION- In selecting a proposal and in negotiating a cooperative
  agreement under this section, the Secretary shall consider--
  (1) the ability of a proposer to undertake and complete  the proposed
  demonstration project;
  (2) the ability of a manufacturer, directly or  indirectly, or in combination
  with the proposer, to develop,  assist in the demonstration of, manufacture,
  distribute,  sell or lease and provide service for, including the ability
  to provide warranties and to assure the availability of all  parts, those
  electric vehicles or electric-hybrid vehicles  that are proposed to be
  included in the demonstration  project;
  (3) the geographic and climatic diversity of the  eligible metropolitan
  area or areas in which the  demonstration project is to be undertaken when
  compared with  other proposals or other selected demonstration projects;
  (4) the long-term technical and competitive viability  of the electric
  and electric-hybrid vehicle, and the ability  of the manufacturer of such
  vehicles to make and incorporate  subsequent advancements, cost reductions,
  modifications, and  technology improvements;
  (5) the electric vehicle or electric-hybrid vehicle  suggested retail
  price of the vehicles to be included in the  demonstration project,
  the comparable conventionally-fueled vehicle  suggested retail price,
  the proposed discount payment, and  in the case of a demonstration project
  that includes a lease  arrangement, the terms of such arrangement for the
  vehicle  or associated equipment;
  (6) the extent of involvement of State or local  government and other
  persons in the demonstration project;
  (7) whether the involvement of State or local  government or other persons
  in the demonstration project (A)  will permit a reduction of the Federal
  cost share per  vehicle or (B) will otherwise be used to leverage the
  Federal contribution to be provided among a greater number  of vehicles; and
  (8) other criteria as the Secretary deems appropriate.
  (c) CONDITIONS- The Secretary shall include in any cooperative agreement
  under this section provisions intended to assure that--
  (1) the vehicle or vehicles will be used primarily in  the eligible
  metropolitan area or areas identified in the  proposal and set forth in
  the final agreement made with the  Secretary;
  (2) the number of vehicles to be included in the  demonstration project
  shall be no less than 50 vehicles,  except that the Secretary--
  (A) may select and enter into a cooperative agreement for a demonstration
  project with fewer than 50 vehicles if the Secretary determines that
  selection of such a proposal will ensure that there is geographic or climatic
  diversity of the proposals selected and that an adequate demonstration
  to accelerate the development and use of vehicles can be undertaken with
  fewer than 50 vehicles; and
  (B) may permit a group of such vehicles to be used in an area outside
  such eligible metropolitan area or areas identified in such proposal if
  the Secretary determines that such proposal would further the purposes of
  this part.
  (3) as a part of the demonstration project, the  proposer shall seek
  to obtain from the user or users of the  vehicles and to provide to the
  manufacturer information  regarding operation, maintenance, and useability
  of the vehicle for five years after purchase or during the lease  period; and
  (4) the proposer shall provide such information  regarding operation,
  maintenance and use of vehicles as the  Secretary may request during the
  period of the demonstration  project.
  (d) ADDITIONAL DEMONSTRATIONS- The Secretary may enter into more than ten
  cooperative agreements under this section, if the Secretary determines that
  the total amount of available funds is not likely to be otherwise utilized.
  SEC. 4205. DISCOUNT PAYMENTS TO USERS- (a) CERTIFICATION- The Secretary shall
  provide a discount payment to a proposer for reimbursement of the discount
  provided to the user, if the proposer certifies to the Secretary, in such
  form and in such manner and time as may be required by the Secretary, that--
  (1) the electric vehicle or electric-hybrid vehicle has  been purchased
  or leased by a user in accordance with the  terms and conditions of the
  cooperative agreement referred  to in section 4204; and
  (2) the proposer has provided to the user a discount  payment from the
  electric vehicle or electric-hybrid vehicle  suggested retail price in
  accordance with the terms and  conditions for the discount payment in the
  cooperative  agreement under section 4204.
  (b) PAYMENT- Not later than 30 days after receipt from the proposer of
  certification that the Secretary determines satisfies subsection (a), the
  Secretary shall pay to the proposer the full amount of the discount payment.
  (c)(1) RESTRICTIONS ON DISCOUNT PAYMENTS- The discount payment shall be no
  greater than the retail price differential or the price of the comparable
  conventionally-fueled vehicle, whichever is the lesser.
  (2) The actual purchase price of the vehicle, adjusted  to reflect the
  discount payment and any additional reduction  in the actual purchase
  price of the vehicle that may result  from contributions to a purchase price
  reduction provided by  other parties, may not be less than the manufacturer's
  suggested retail price of a comparable conventionally-fueled  vehicle.
  (3) The maximum Federal share of the discount payment  that may be provided
  to reimburse a proposer for a discount  payment provided to a user shall
  be no greater than $10,000  per electric vehicle or electric-hybrid vehicle.
  (4) The aggregate discount payments paid to a proposer  under this part
  may not exceed $3,000,000.
  (d) LEASE AGREEMENTS- For purposes of the discount payment, in the case of
  an electric vehicle or electric-hybrid vehicle included in a demonstration
  project that is the subject of a lease agreement, the Secretary shall
  provide a rebate in accordance with the terms of the cooperative agreement.
  SEC. 4206. COST-SHARING- (a) The Secretary shall require at least 50
  percent of the costs directly and specifically related to any cooperative
  agreement under this part, including cash, personnel, services, equipment,
  and other resources, to be provided from non-Federal sources.
  (b) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under subsection (a) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this part.
  Sec. 4207. REPORTS TO CONGRESS- The Secretary shall report annually to the
  Committee on Energy and Natural Resources of the United States Senate and
  the United States House of Representatives on the progress being made,
  through the cooperative agreements under this part, to accelerate the
  development and use of electric vehicles and electric-hybrid vehicles.
  SEC. 4208. AUTHORIZATION- There is authorized to be appropriated to the
  Secretary for fiscal years 1992, 1993 and 1994 such sums as may be necessary
  to carry out the purposes of this part, to remain available until expended.
Part B--Electric and Electric-Hybrid Vehicle Infrastructure Development
  SEC. 4211. SHORT TITLE- This part may be cited as the `Electric Vehicle
  and Electric-Hybrid Infrastructure Development Act'.
  SEC. 4212. DEFINITIONS- For purposes of this part, the term--
  (1) `infrastructure' includes, but is not limited to,  those support and
  maintenance services and facilities,  electricity delivery mechanisms and
  methods, treatment of  investment in electric 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,  automobile manufacturers and others,
  to support the  operation, maintenance and utilization of electric vehicles,
  electric-hybrid vehicles, and associated equipment;
  (2) `non-Federal person' means an entity not part of  the Federal Government
  that is organized under the laws of  the United States and located in the
  United States, the  controlling interest (as defined by the Secretary) of
  which  is held by United States nationals or permanent resident  aliens,
  including--
  (A) a for-profit business;
  (B) a private foundation;
  (C) a nonprofit organization such as a university;
  (D) a trade or professional society; and
  (E) a unit of State or local government.
  (3) `associated equipment' means that equipment  necessary for the
  regeneration, refueling or recharging of  batteries or other forms of
  electrical energy used to power  an electric vehicle and, in the case of
  electric-hybrid  vehicles, the non-electric source of energy;
  (4) `electric vehicle' means a vehicle powered by an  electric motor that
  draws current from rechargeable storage  batteries, fuel cells, or other
  sources of electrical  current; and
  (5) `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 but also relies on a
  non-electrical  source of power.
  SEC. 4213. DATA ACQUISITION TO SUPPORT INFRASTRUCTURE DEVELOPMENT AND
  MARKETS FOR USE OF ELECTRIC VEHICLES AND ELECTRIC-HYBRID VEHICLES- (a)
  GENERAL- Not later than 180 days after the date of enactment of this
  part, the Secretary, in consultation with appropriate State, regional
  and local authorities, shall establish a program for the collection and
  dissemination of information and data which would be useful to persons
  seeking to manufacture, sell, lease, own or operate electric vehicles and
  electric-hybrid vehicles. Such information and data--
  (1) shall be sufficient to evaluate--
  (A) the degree to which the availability of energy and fuel supplies
  may constrain the introduction of electric vehicles or electric-hybrid
  vehicles; and
  (B) the electric vehicle or electric-hybrid vehicle trips made daily,
  miles driven per trip, projections as to the number of trips that could be
  accomplished in combination with mass transit so as to conserve energy; and
  (2) may include other appropriate demographic and  consumer preferences
  information necessary to make the  evaluation under paragraph (1).
  (b) CONSULTATION BY THE SECRETARY- The Secretary shall consult with
  interested persons including, but not limited to, vehicle manufacturers,
  fleet operators, public utilities and State or local governmental entities,
  to determine the types of information and data to be collected and analyzed
  pursuant to the program authorized by subsection (a).
  SEC. 4214. STATE INFRASTRUCTURE DEVELOPMENT PLANS- (a) GUIDELINES- (1)
  Within 180 days after the date of enactment of this part, the Secretary
  shall issue guidelines for use by States and local governmental entities
  to develop comprehensive infrastructure plans to support the deployment
  of electric vehicles and electric-hybrid vehicles. Such guidelines shall
  include sufficient information to help States to evaluate--
  (A) the availability of the necessary infrastructure to  provide electricity
  and other forms of energy in the  quantities and at the locations required
  to support  operation of electric vehicles or electric-hybrid vehicles;
  (B) the development of electric vehicle and electric-hybrid vehicle
  incentives and implementation programs  designed to accelerate the
  introduction and use of such  vehicles; and
  (C) such studies that may be conducted or information  that may be acquired
  with respect to how the production,  development, or use of electric vehicles
  and electric-hybrid  vehicles are likely to affect the more efficient use
  of  energy resources and thereby enhance national energy  security.
  (2) Such guidelines also shall address the development, modification, and
  implementation of State infrastructure plans and shall describe those program
  elements, as described in subsection (c) to be addressed in such plans.
  (b) TECHNICAL AND FINANCIAL ASSISTANCE- (1) The Secretary, after consultation
  with the Administrator of the Environmental Protection Agency, shall offer
  the Governor of each State, within 120 days of the date of issuance of
  the guidelines under subsection (a), the opportunity to request technical
  and financial assistance under subsection (c) for the formulation of
  a comprehensive infrastructure plan for such State in conformance with
  the guidelines issued under subsection (a). Such request shall include a
  determination by the Governor that--
  (A) electricity and other forms of energy are likely to  be available in
  sufficient quantities to support the  introduction of electric vehicles
  and electric-hybrid  vehicles in such State; and
  (B) the introduction of electric vehicles or electric-hybrid vehicles in
  such State is feasible.
  (2)(A) If the Secretary is satisfied that the determination of a Governor
  under paragraph (1) is consistent with the purposes of this part, the
  Secretary shall offer the Governor of such State the opportunity to submit,
  within 180 days after submission of the determination under paragraph (1),
  a comprehensive infrastructure plan for approval under subsection (c)(2).
  (B) Any plan developed under subparagraph (A) shall be developed in
  consultation with local governmental entities and shall include--
  (i) the anticipated number and schedule for  introduction of electric
  vehicles or electric-hybrid  vehicles in such State;
  (ii) provisions intended to ensure that electricity and  other forms
  of energy will be available in sufficient  quantities to support the
  anticipated quantities and  schedule for introduction of electric vehicles
  or electric-hybrid vehicles;
  (iii) provisions designed to assure the progress  toward, and achievement
  of, the goal of introducing  substantial numbers of electric vehicles and
  electric-hybrid  vehicles in such State by the year 2001;
  (iv) a detailed description of the requirements,  including the estimated
  cost of implementation, of the  infrastructure plan; and
  (v) an assessment of whether accomplishing any of the  goals in this
  subsection would require amendment to State  law or regulation.
  (c) TECHNICAL AND FINANCIAL ASSISTANCE- (1) Upon request of the Governor
  of any State who has submitted the assessment and made the determination
  under subsection (b), the Secretary may provide to such State--
  (A) information and technical assistance, including  model State laws and
  proposed regulations relating to  electric vehicles and electric-hybrid
  vehicles;
  (B) financial assistance for the purpose of the  development of such
  plan; and
  (C) financial assistance for the purpose of the  implementation of such
  plan as approved by the Secretary  pursuant to this section.
  (2) In determining whether to approve a State infrastructure plan submitted
  under subsection (b)(2), and in determining the amount of Federal financial
  assistance, if any, to be provided to any State under this section, the
  Secretary shall consider:
  (A) energy and environmental-related impacts of  introduction and use of
  electric vehicles or electric-hybrid  vehicles included in the proposed
  infrastructure plan;
  (B) the availability of electricity and other forms of  energy required
  to support varying numbers of electric  vehicles or electric-hybrid vehicles;
  (C) the number of electric vehicles or electric-hybrid  vehicles likely
  to be introduced by the year 2001 and the  availability of electricity
  and other fuels resulting from  successful implementation of the plan; and
  (D) such other factors as the Secretary considers  appropriate.
  (d) REPORT- The Secretary shall report annually to 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 part.
  SEC. 4215. ELECTRIC UTILITY AND OTHER INDUSTRY INFRASTRUCTURE DEVELOPMENT
  PROJECTS- (a) GENERAL- The Secretary shall undertake cooperative agreements
  with one or more non-Federal persons, including fleet operators, to provide
  the infrastructure necessary to support the use of electric vehicles or
  electric-hybrid vehicles.
  (b) SOLICITATION OF PROPOSALS- (1) Within one year after the date
  of enactment of this Act, the Secretary shall solicit proposals from
  non-Federal persons, including fleet operators, to carry out the purposes
  of this section.
  (2) Within 180 days after proposals have been solicited, the Secretary shall
  select from among those proposals submitted under this section and thereafter
  enter into negotiations. If, after negotiation, the Secretary determines
  that a proposal meets the purposes of this section, he may enter into a
  cooperative agreement with the non-Federal person submitting such proposal.
  (3) The Secretary shall undertake no more than five cooperative agreements
  under this section. The proposals to be selected by the Secretary shall,
  to the extent practicable, represent geographically and climatically
  diverse regions of the United States.
  (4) The aggregate Federal financial assistance for each cooperative
  agreement under this part may not exceed $3,000,000.
  (c) PROPOSALS- The infrastructure proposals under this section may address--
  (1) the addition to existing facilities of the  capability to service
  electric or electric-hybrid vehicles,  and to provide or service associated
  equipment, as well as  the installation of charging facilities where such
  service  might be required for the use and operation of electric  vehicles
  or electric-hybrid vehicles;
  (2) the feasibility of designing rate structures, rate  levels, ratemaking
  procedures, billing systems and financing  methods, related to investment
  by electric utilities in  infrastructure capital-related expenditures and
  public  information programs conducted by electric utilities  regarding
  use of electricity, the conservation of electric  energy and the use of
  electric vehicles or electric-hybrid  vehicles;
  (3) the development of associated safety and health  procedures; and
  (4) such other requirements as the Secretary considers  necessary in
  order to address the infrastructure needed to  support the development
  and use of energy storage  technologies, including advanced batteries,
  and the  demonstration of electric vehicles or electric-hybrid  vehicles.
  SEC. 4216. COST-SHARING- (a) The Secretary shall require at least 50
  percent of the costs directly and specifically related to any cooperative
  agreements under this part, including cash, personnel, services, equipment,
  and other resources, to be provided from non-Federal sources.
  (b) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under subsection (a) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this part.
  SEC. 4217. COMPLIANCE WITH EXISTING LAW- Nothing in this part 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. As used in this part,
  `antitrust laws' means those Acts set forth in section 1 of the Clayton Act
  (15 U.S.C. 12), as amended.
  SEC. 4218. AUTHORIZATION- There is authorized to be appropriated to the
  Secretary for fiscal years 1992, 1993, and 1994, such sums as may be
  necessary to carry out the purposes of this part.
Part C--Amendment to the Alternative Motor Fuels Act
  SEC. 4221. AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT- (a)
  Section 400AA(a) of the Energy Policy and Conservation Act (Public Law
  94-163; 42 U.S.C. 6374 (a)(1)) is amended by striking out `or natural gas
  dual energy vehicles.' and inserting in lieu thereof `natural gas dual
  energy vehicles, electric vehicles, or electric-hybrid vehicles.'.
  (b) Section 400AA(g) of the Energy Policy and Conservation Act (Public
  Law 94-163; 42 U.S.C. 6374 (g)) is amended--
  (1) by striking out `and' at the end of paragraph (5);
  (2) by striking out the period at the end of paragraph  (6) and inserting
  in lieu thereof a semicolon; and
  (3) by adding at the end thereof the following new  paragraphs:
  `(7) the term `natural gas' includes liquified petroleum gas, including
  propane;
  `(8) the term `electric vehicle' means a vehicle powered by an electric
  motor that draws current from rechargeable storage batteries, fuel cells,
  or other sources of electrical current; and
  `(9) `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-electrical source of power.'.
  (c) Section 400AA(i) of the Energy Policy and Conservation Act (42
  U.S.C. 6374(i)) is amended by adding at the end thereof the following
  new paragraph:
  `(3) For the purposes of this section, there is  authorized to be
  appropriated for the fiscal years 1994,  1995, and 1996 such sums as may
  be necessary to carry out  the provisions of this section.'.
  SEC. 4222. AMENDMENTS TO THE MOTOR VEHICLE INFORMATION AND COST SAVING ACT-
  (a) Section 513(c) of the Motor Vehicle Information and Cost Savings Act
  (Pub. L. No. 92-513; 15 U.S.C. 2013(c)) is amended in the first sentence
  by inserting after `natural gas' each place it occurs the parenthetical
  `(including liquefied petroleum gas)'.
  (b) Section 513(d) of said Act (Pub. L. No. 92-513; 15 U.S.C. 2013(d))
  is amended by inserting after `natural gas' the first time it occurs the
  following parenthetical, `(including liquefied petroleum gas)'.
Subtitle C--Alternative Fuels
  SEC. 4301. SHORT TITLE- This subtitle may be cited as the `Replacement
  and Alternative Fuels Act of 1991'.
  SEC. 4302. FINDINGS- The Congress finds and declares that--
  (1) United States national security demands that we reduce our dependency
  on imported oil;
  (2) domestic resources are available to substantially reduce our dependency
  on imported oil;
  (3) the transportation sector, currently 95 percent dependent on oil,
  accounts for more than 60 percent of our national oil consumption;
  (4) a comprehensive energy program, including the stimulation of the
  production and use of automobiles capable of using alternative fuels, is
  needed to reduce pollution as well as reduce our dependency on imported oil;
  (5) such program should be designed to create a positive impact on the
  economy, our national trade balance, and our national budget; and
  (6) such program should allow market forces, within appropriate environmental
  parameters, to affect the selection of replacement or alternative fuels.
  SEC. 4303. PURPOSES- The purposes of this subtitle are to--
  (1) enhance energy security;
  (2) reduce air pollution;
  (3) improve our balance of trade;
  (4) reduce the budget deficit;
  (5) improve the marketability of alternative and flexible fuel vehicles; and
  (6) improve the condition of the national economy through the enhancement
  of the replacement fuel industry and the creation of an alternative fuel
  industry.
  SEC. 4304. DEFINITIONS- For purposes of this subtitle--
  (1) the term `Administrator' means the Administrator of the Environmental
  Protection Agency;
  (2) the term `alcohol' means methanol, ethanol, or other alcohol that are
  suitable for use by themselves or in combination with other fuels as a
  motor fuel;
  (3) the term `conventional petroleum' means imported or domestic petroleum
  derived from oil wells, including stripper wells;
  (4) the term `domestic' means derived from resources within the 50 States,
  the territories of the United States, or Canada;
  (5) the term `motor fuel' means any substance suitable as a fuel for a
  motor vehicle, as the term `motor vehicle' is defined in section 216(2)
  of the Clean Air Act (42 U.S.C. 7550(2));
  (6) the term `alternative fuel' means a motor fuel not designed to be
  mixed with gasoline, including liquefied petroleum gas, natural gas,
  `neat' alcohol, hydrogen, coal-derived liquid fuels, and electricity;
  (7) the term `replacement fuel' means a motor fuel capable of mixing with
  gasoline, including alcohol and ethers or products derived from alcohol;
  (8) the term `commerce' means any trade, traffic, transportation, exchange,
  or other commerce--
  (A) between any State and any place outside of such State; or
  (B) which affects any trade, traffic, transportation, exchange, or other
  commerce described in subparagraph (A); and
  (9) the term `provider' means--
  (A) any person engaged in the refining of crude oil to produce motor fuel;
  (B) any importer of motor fuel;
  (C) any person engaged in the transportation and sale of natural gas or
  liquefied petroleum gas for use as a motor fuel;
  (D) any person engaged in the production of alcohol or hydrogen for sale
  and use as a motor fuel; and
  (E) any utility engaged in the generation and sale to the public of
  electricity.
  SEC. 4305. REPLACEMENT AND ALTERNATIVE FUEL PROGRAM- (a) ESTABLISHMENT OF
  PROGRAM- The Secretary shall establish a program to promote the development
  and use of domestically produced replacement and alternative fuels. Such
  program shall promote the replacement of conventional petroleum motor
  fuels with replacement and alternative fuels to the maximum extent
  practicable. Such program shall, to the extent practicable, seek to
  ensure the availability of those replacement and alternative fuels that
  will have the greatest impact in improving air quality in urban areas,
  along transportation corridors, and nationwide.
  (b) DEVELOPMENT PLAN- Under the program established under subsection (a),
  the Secretary, in consultation with the Administrator, the Secretary of
  Transportation, the Secretary of Agriculture, the Secretary of Commerce, and
  the heads of appropriate agencies, shall review appropriate information and--
  (1) estimate the production capacity in the United States for replacement
  fuel and alternative fuel needed to implement the provisions of this
  subtitle;
  (2) determine the technical and economic feasibility of producing in
  the United States sufficient replacement fuels and alternative fuels,
  by the calendar year 2010 to replace 30 per centum or more, on an energy
  equivalent basis, of the projected consumption of motor fuel in the United
  States for that year;
  (3) assess the suitability and cost-effectiveness of raw materials, other
  than conventional petroleum, for the production in the United States of
  replacement and alternative fuels;
  (4) assess the suitability and cost-effectiveness of the means and methods
  of developing and encouraging the production, distribution, and use of
  replacement and alternative fuels; and
  (5) identify ways to encourage the development of reliable replacement fuel
  and alternative fuel industries in the United States, and the technical,
  economic, and institutional barriers to such development.
  SEC. 4306. ALTERNATIVE FUEL DEMAND ESTIMATES- (a) ANNUAL ESTIMATES- Not
  later than October 1, 1994, and not later than October 1 of each year
  thereafter, the Secretary, in consultation with the Administrator and
  appropriate State and Federal officials, shall estimate--
  (1) the number of each type of alternative fuel vehicles likely to be in
  use in the United States during the following calendar year;
  (2) the probable geographic distribution of such vehicles; and
  (3) the amount of each type of alternative fuel that is  needed to fuel
  such number of vehicles.
  (b) PROVIDER CERTIFICATIONS- Not later than October 1, 1994, and not
  later than October 1 of each year thereafter, the Secretary shall require
  providers of domestic replacement and alternative fuels to certify to the
  Secretary the amount of each type of replacement and alternative fuel that
  such provider plans to produce.
  SEC. 4307. VOLUNTARY SUPPLY COMMITMENTS- The Secretary shall undertake to
  obtain commitments from providers of domestic replacement and alternative
  fuels to produce and offer for sale to the public sufficient amounts of
  domestic replacement and alternative fuels to meet the needs of vehicles
  requiring such fuels.
  SEC. 4308. SECRETARIAL AUTHORITY- (a) NOTIFICATION OF CONGRESS- In the
  event that the Secretary determines under  this subtitle that the amount
  of replacement and alternative fuels available in any area of the United
  States is insufficient to meet public demand and the Secretary is unable
  to obtain voluntary commitments under section 4307 to supply such demand,
  the Secretary shall provide written notice to Congress.
  (b) SUBMITTAL OF PLAN- Not later than thirty days after submitting notice
  under subsection (a), the Secretary shall submit a plan setting forth
  the actions the Secretary may take to require providers of motor fuels to
  make available to the public adequate domestic supplies of the replacement
  or alternative fuel of which there is a shortage. In developing any such
  plan, the Secretary shall consult with providers of motor fuels to consider
  alternative means of securing adequate supplies of such fuel and shall give
  providers an opportunity to comment on any specific proposed requirements
  to make such fuel available.
  (c) IMPLEMENTATION OF PLAN- The Secretary may implement a plan under
  subsection (b) sixty calendar days after it has been submitted to Congress
  in accordance with this section.
  (d) PERSONS SUBJECT TO REQUIREMENT- In exercising the authority under
  this section, the Secretary shall impose the requirement of providing the
  required amount of replacement or alternative fuel proportionately on all
  appropriate providers of motor fuels in a fair and equitable manner.
  SEC. 4309. AUTHORIZATION- There is authorized to be appropriated to the
  Secretary to carry out this subtitle not to exceed $10,000,000 for each
  of the fiscal years 1992 through 1996.
Subtitle D--Mass Transit and Training
  SEC. 4401. MASS TRANSIT PROGRAM- (a) COOPERATIVE AGREEMENTS AND JOINT
  VENTURES- (1) The Secretary, in consultation with the Administrator of
  the Urban Mass Transit Administration, may, consistent with this Act and
  the Alternative Motor Fuels Act of 1988 (Public Law 100-494), enter into
  cooperative agreements and joint ventures proposed by 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, including safety of specific vehicle design, of using
  natural gas or other alternative fuels 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.
  (b) COST-SHARE- (1) The Secretary may not enter into any cooperative
  agreement or joint venture under subsection (a) with any municipal, county
  or regional transit authority unless such government entity agrees to
  provide at least 25 percent of the costs of such demonstration.
  (2) The Secretary, at his discretion, may grant such priority under this
  section to any entity that demonstrates that the use of natural gas or
  other alternative fuels used for transportation would have a significant
  effect on the ability of an air quality region to comply with applicable
  regulations governing ambient air quality.
  (c) AUTHORIZATION- There is authorized to be appropriated not more than
  $30,000,000 for each of fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this section.
  SEC. 4402. TRAINING PROGRAM- (a) PROGRAM- The Secretary of Labor shall
  establish and carry out a training and certification program for technicians
  who are responsible for vehicle installation of equipment that converts
  gasoline or diesel-fueled vehicles to the capability to run on natural gas
  or other alternative fuels alone, or on natural gas or other alternative
  fuels and either diesel fuel or gasoline, and for the maintenance of such
  converted vehicles. Such training and certification programs shall provide
  these technicians with instruction on the correct installation procedures
  and techniques, adherence to specifications, vehicle operating procedures,
  emissions testing, and other appropriate mechanical concerns applicable
  to these vehicle conversions.
  (b) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative
  agreements with, and provide financial assistance to, under this section,
  appropriate parties to provide training programs that will ensure the
  proper operation and performance of conversion equipment.
  (c) CONSISTENCY- The program under this section shall be consistent with
  the Alternative Motor Fuels Act of 1988 (Public Law 100-494).
  (d) AUTHORIZATION- There is authorized to be appropriated not more than
  $5,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this section.
TITLE V--RENEWABLE ENERGY
Subtitle A--CORECT AND COEECT
  SEC. 5101. DUTIES OF CORECT AND COEECT- Section 256 of Part B of Title II
  of the Energy Policy and Conservation Act (Public Law 94-163) is amended
  by striking subsection (d) and inserting the following in lieu thereof:
  `(d)(1) DUTIES- There shall be established two  interagency working groups
  (hereafter in this subsection  referred to as the Committee on Renewable
  Energy Commerce  and Trade (CORECT) and the Committee on Energy Efficiency
  Commerce and Trade (COEECT)). These interagency working  groups shall, in
  consultation with the representative  industry groups and relevant agency
  heads, 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  technologies, respectively. The Secretary
  of Energy shall  chair each group. The heads of appropriate agencies
  may  detail such personnel and may furnish such services to such  working
  groups, with or without reimbursement, as may be  necessary to carry out
  their functions and undertake other  actions or activities, consistent
  with existing laws and  regulation, as, in the judgement of the Secretary,
  may be  necessary to achieve the purposes of this section.
  `(2)(A) ADDITIONAL DUTIES OF CORECT- CORECT, through  its member agencies,
  shall promote the development and  application in lesser-developed countries
  of renewable  energy resource products and technologies that--
  `(i) promote the use of hybrid fossil-renewable energy systems;
  `(ii) reduce dependence on unreliable sources of energy by encouraging
  the use of sustainable biomass, windpower, small-scale hydropower, solar,
  geothermal and other renewable energy resource technologies; and
  `(iii) foster rural and urban energy development and energy self-sufficiency
  through the use of reliable and cost-effective renewable energy resource
  technologies.
  `(B) In addition, CORECT shall:
  `(i) explore mechanisms for assisting domestic manufacturers, particularly
  small business manufacturers, of renewable energy resource technologies,
  to export their products and technologies;
  `(ii) provide staffing to support the authority and responsibilities
  described in this section;
  `(iii) provide technical and financial support for the establishment and
  sponsorship by United States' firms of training programs, workshops,
  and other educational programs on renewable energy technologies for
  representatives of lesser-developed countries and their firms; and
  `(iv) augment budgets for the trade and development programs of the member
  agencies of the Council in order to support pre-feasibility or feasibility
  studies for projects that utilize renewable energy resource technologies.
  `(3)(A) ADDITIONAL DUTIES OF COEECT- COEECT, through  its member agencies,
  shall promote the development and  application in lesser-developed countries
  of energy  efficiency resource products and technologies that--
  `(i) reduce dependence on unreliable sources of energy by encouraging the
  use of energy efficiency resource products and technologies; and
  `(ii) foster rural and urban energy development and energy self-sufficiency
  through the use of reliable and economical energy efficiency resource
  products and technologies including services.
  `(B) In addition, COEECT shall:
  `(i) explore mechanisms for assisting domestic manufacturers, particularly
  small business manufacturers, of energy efficiency resource products and
  technologies, to export their products and services; and
  `(ii) provide staffing to support the authority and responsibilities
  described in this section.
  `(3) TRAINING AND ASSISTANCE- In furthering the  purposes of this section,
  CORECT and COEECT shall, through  their member agencies--
  `(A) provide aggressive in-country technical training for local users and
  international development personnel;
  `(B) provide financial and technical assistance to nonprofit institutions
  that support the export and marketing efforts of domestic renewable energy
  and energy efficiency service companies, and develop environmentally
  responsible renewable energy and energy efficiency projects in developing
  nations;
  `(C) establish feasibility and loan guarantee programs to facilitate access
  to capital and credit;
  `(D) provide 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 such other personnel as the Council
  deems appropriate, in order to provide information about renewable energy
  and energy efficiency products and technologies 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 resource
  technologies.
  `(5) OUTREACH- CORECT and COEECT, through their  member agencies, may
  establish renewable energy and energy  efficiency industry outreach offices
  in the Pacific Rim and  in the Caribbean Basin for the purpose of providing
  information concerning renewable energy and energy  efficiency products,
  technologies, and industries of the United States  to territories, foreign
  governments, industries, and other entities.'.
  SEC. 5102. INFORMATION AND TECHNICAL PROGRAM- Section 256(c)(2)(D) of part
  B of title II of the Energy Policy and Conservation Act (Public Law 94-163)
  is amended by adding after clause (ii) the following new clause:
`and
  `(iii) information on the specific renewable energy  and energy efficiency
  technology needs of lesser-developed  countries, the technical and economic
  competitiveness of  various renewable energy and energy efficiency resource
  products, processes and technologies, and the status of  ongoing technology
  assistance programs shall be provided.   Information from this program shall
  be made available to  industry, Federal and multilateral lending agencies,
  non-governmental organizations, host-country and donor-agency  officials,
  and such others as the Secretary deems  necessary.'.
  SEC. 5103. COMPREHENSIVE ENERGY TECHNOLOGY EVALUATION- Section 256 of
  part B of title II of the Energy Policy and Conservation Act (Public Law
  94-163) is amended by striking subsections (g) and (h) and inserting in
  lieu thereof subsections (g) and (h) as follows:
  `(g)(1) Not later than June 1, 1992, and biennially  thereafter, the
  Secretary, in consultation with member  agencies, shall prepare and
  submit to Congress a report  evaluating the range of energy efficiency
  and renewable  energy resource technologies available to meet the energy
  needs of lesser-developed countries. This report also shall  provide
  information on the specific energy and energy  conservation needs of
  lesser-developed countries, an  inventory of United States products and
  technologies   available to meet those needs, and an update on the status
  of ongoing bilateral and multilateral technology assistance  and renewable
  energy and energy efficiency programs.
  `(2) The report should also include an evaluation of  current renewable
  energy and energy efficiency resource  technology export efforts, their
  success in meeting program  objectives, and recommendations for future
  programs that:
  `(A) develop and promote sustainable use of indigenous renewable energy and
  energy efficiency resources and technologies in lesser-developed countries;
  `(B) given the credit and capital restrictions for meeting energy demands
  in the lesser-developed countries, focus on technologies that are both
  appropriate and cost-effective;
  `(C) assist lesser-developed countries in meeting their existing energy
  needs rather than creating new needs, in order to ensure immediate
  income-generating and timely use of the power generated;
  `(D) work with local individuals to assure that programs and projects meet
  specific national and local energy resource needs;
  `(E) use indigenous materials and associated hardware, wherever possible,
  in order to reduce costs and ensure project duplication;
  `(F) provide examples of cost-effective systems and applications for
  in-country non-governmental organizations and project technical personnel;
  `(G) provide mechanisms for assisting United States manufacturers,
  particularly smaller manufacturers, of energy efficiency and renewable
  energy resource technologies, in exporting their goods and services;
  `(H) expand technical and administrative training programs, as well
  as distribution of multilingual technical training manuals and related
  materials; and
  `(I) examine the potential for using economic incentives, such as shared
  savings contracts, loan guarantees, and tax incentives, to promote technology
  transfer to lesser-developed countries.
  `(h) AUTHORIZATION- (1) There is authorized to be appropriated for purposes
  of carrying out the programs under sections (d) and (e) $10,000,000
  for fiscal year 1992, including $2,000,000 to carry out the purposes of
  subparagraph (d)(2), and such sums as may be necessary for fiscal year 1993
  and 1994 to carry out the purposes of this subtitle except for subparagraph
  (d)(4).
  `(2) There is authorized to be appropriated to the Secretary for the
  purposes of subparagraph 256(d)(4), in addition to the amount specified
  in the previous sentence, $2,750,000 for fiscal year 1992, and such sums
  as may be necessary for fiscal years 1993 and 1994.'.
  SEC. 5104. CONFORMING AMENDMENT- Section 203(a) of the Department of Energy
  Organization Act (Public Law 95-91; 42 U.S.C. 7133) is amended by adding
  a new paragraph (12) at the end thereof:
  `(12) the export and promotion to lesser-developed  countries of domestic
  energy resource technologies and  products, including renewable energy,
  energy efficiency, and  clean coal technologies, and the development
  of policies and  programs designed to enhance the knowledge of foreign
  governments and companies, and relevant international  lending institutions
  regarding domestic energy resource  technologies and products.'.
Subtitle B--Renewable Energy Initiatives
  SEC. 5201. RENEWABLE ENERGY DEVELOPMENT, TECHNOLOGY EXPORT TRAINING, AND
  COMMERCIALIZATION- (a) JOINT VENTURES FOR RENEWABLE ENERGY DEVELOPMENT
  FOR OIL DISPLACEMENT AND TECHNOLOGY EXPORT TRAINING- Section 6 of the
  Renewable Energy and Energy Efficiency Technology Competitiveness Act
  of 1989 (Public Law 101-218) is amended by adding new subsections (f),
  (g), and (h) as follows:
  `(f) Additional Joint Ventures for Renewable Energy Development for Oil
  Displacement-
  `(1) Oil displacement by biofuels energy systems-
  `(A) The Secretary shall solicit proposals  for and provide financial
  assistance to at least  one joint venture for the commercialization of
  biofuels energy systems technology in accordance  with the provisions of
  this paragraph.
  `(B) The purpose of joint ventures supported  under this paragraph shall
  be to design, test and  demonstrate critical enabling technologies for the
  development of biofuels energy systems for  commercial application in uses
  that have  substantial prospects for displacing the  consumption of oil.
  `(C) There is authorized to be appropriated  to the Secretary not to
  exceed $3,000,000 for each  of the fiscal years 1992, 1993, and 1994 to
  carry  out the purposes of this paragraph.
  `(2) Oil displacement by high temperature geothermal energy-
  `(A) The Secretary shall solicit proposals  for and provide financial
  assistance to at least  one joint venture for the commercialization of
  high-temperature geothermal energy conversion  technology in accordance
  with the provisions of  this paragraph.
  `(B) The purpose of joint ventures supported  under this paragraph shall
  be to design, test and  demonstrate critical enabling technologies for
  the  production of high-temperature geothermal energy  for commercial
  application in uses that have  substantial prospects for displacing the
  consumption of oil.
  `(C) There is authorized to be appropriated  to the Secretary not to
  exceed $3,000,000 for each  of the fiscal years 1992, 1993, and 1994 to
  carry  out the purposes of this paragraph.
  `(3) Oil displacement by low-temperature geothermal energy-
  `(A) The Secretary shall solicit proposals for and provide financial
  assistance to at least one joint venture for the commercialization of
  low-temperature geothermal energy conversion technology in accordance with
  the provisions of this paragraph.
  `(B) The purposes of joint ventures supported under this paragraph shall
  be to design, test and demonstrate critical enabling technologies for the
  production of low-temperature geothermal energy for commercial application in
  uses that have substantial prospects for displacing the consumption of oil.
  `(C) There is authorized to be appropriated to the Secretary not to exceed
  $3,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this paragraph.
  `(4) Oil displacement by solar water heating-
  `(A) The Secretary shall solicit proposals for and provide financial
  assistance to at least one joint venture for the commercialization of solar
  water heating technology in accordance with the provisions of this paragraph.
  `(B) The purpose of joint ventures supported under this paragraph shall be
  to design, test and demonstrate critical enabling technologies for solar
  water heating for commercial application in institutional water heating
  and process heat uses that have substantial prospects for displacing the
  consumption of oil.
  `(C) There is authorized to be appropriated to the Secretary not to exceed
  $3,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this paragraph.
  `(5) Diesel fuel oil displacement by photovoltaic and wind energy systems-
  `(A) The Secretary shall solicit proposals for and provide financial
  assistance to at least one joint venture for the commercialization of
  photovoltaic and wind energy systems in accordance with the provisions of
  this paragraph.
  `(B) The purpose of joint ventures supported under this paragraph shall
  be to design, test and demonstrate critical enabling technologies for
  photovoltaic and wind energy systems for commercial application in electric
  power generation uses that have substantial prospects for displacing the
  consumption of diesel fuel oil.
  `(C) There is authorized to be appropriated to the Secretary not to exceed
  $3,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this paragraph.
  `(6) DIESEL FUEL OIL DISPLACEMENT BY DIRECT COMBUSTION  OR GASIFICATION
  OF BIOMASS-
  `(A) The Secretary shall solicit proposals for and provide financial
  assistance to at least one joint venture for the commercialization of
  technologies for the direct combustion or gasification of biomass in
  accordance with the provisions of this paragraph.
  `(B) The purpose of joint ventures supported under this paragraph shall be
  to design, test and demonstrate critical enabling technologies for direct
  combustion or gasification of biomass, including waste wood, for industrial
  process heat and electric power generation for commercial application in
  uses that have substantial prospects for displacing the consumption of
  diesel fuel oil.
  `(C) There is authorized to be appropriated to the Secretary not to exceed
  $3,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this paragraph.
  `(7) OIL DISPLACEMENT BY FUEL CELLS TECHNOLOGY-
  `(A) The Secretary shall solicit proposals for and provide financial
  assistance to at least one joint venture for the demonstration of fuel
  cells technology in accordance with the provisions of this paragraph.
  `(B) The purpose of joint ventures supported under this paragraph shall
  be to design, test, and demonstrate critical enabling technologies for
  the production of electric energy from fuel cells in order to accelerate
  commercial application of fuel cells.
  `(C) There is authorized to be appropriated to the Secretary not to exceed
  $3,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this paragraph.
  `(g) RENEWABLE ENERGY AND ENERGY EFFICIENCY TECHNOLOGY EXPORT TRAINING-
  `(1) The Secretary shall solicit proposals for and  provide financial
  assistance to at least two joint ventures  for the training of individuals
  from lesser-developed countries at  a location or locations in the United
  States, at least one  of which shall be in the operation and maintenance
  of  renewable energy equipment and at least one of which shall  be in the
  operation and maintenance of energy efficiency  equipment, in accordance
  with the provisions of this  subsection.
  `(2) The purpose of joint ventures supported under this  subsection shall
  be to train individuals, including  engineers and other professionals, in
  the operation and  maintenance of renewable energy and energy efficiency
  equipment manufactured in the United States, including  equipment for
  water pumping and the production of electric  power in remote areas,
  in order to enhance the prospects  that such equipment can be used to
  displace the use of  diesel fuel oil in developing countries.
  `(3) There is authorized to be appropriated to the  Secretary not to
  exceed $6,000,000 for each of the fiscal  years 1992, 1993, and 1994 to
  carry out the purposes of this  subsection.
  `(h) UTILITY-SCALE PHOTOVOLTAIC JOINT VENTURES-
  `(1) The Secretary shall solicit proposals and provide  financial assistance
  for at least one joint venture for a  utility-scale photovoltaic project
  of at least ten  megawatts.
  `(2) In general, the goals of joint ventures under this  subsection shall
  include--
  `(A) the integration of photovoltaics in approaches to the transmission
  and delivery systems;
  `(B) the development of cost-saving adjuncts to utility delivery such as
  sub-station upgrades, peak power, and large-scale voltage line augmentation;
  and
  `(C) the incorporation of new photovoltaic innovations into standard
  utility rate-making practices.
  `(3) Joint ventures supported under this subsection may  include participants
  that are considered to be end-users of  the technology such as rural
  electric cooperatives, public  utilities, investor-owned utilities, and
  independent power  producers.
  `(4) In selecting joint ventures for support under this  subsection, the
  Secretary shall consider giving preference  to proposals for projects
  that would be located in States  where State law would allow inclusion
  of the project in the  rate base or would otherwise allow for favorable
  regulatory  treatment or return on investment.
  `(5) There is authorized to be appropriated to the  Secretary not to exceed
  $9,000,000 for each of fiscal years  1992, 1993, and 1994 to carry out
  the purposes of this  subsection.'.
  (b) CONFORMING AMENDMENTS- Section 6 of the Renewable Energy and Energy
  Efficiency Technology Competitiveness Act of 1989 (Public Law 101-218)
  is amended as follows:
  (1) By replacing the phrase `subsection (c)' with the  phrase `subsections
  (c), (f), (g) and (h)' in the first  sentence of paragraph (b)(1).
  (2) By substituting a new paragraph (4) of subsection (b) to read as follows:
  `(4) DRAFT SOLICITATIONS AND PUBLIC COMMENT- The Secretary shall issue a
  draft solicitation for joint ventures under subsection (c) by September 30,
  1990 and a draft solicitation for joint ventures under subsections (f),
  (g), and (h) by September 30, 1992.  After any such draft solicitation has
  been issued, the Secretary shall provide for a period of public comment
  before the issuance of a final solicitation.'.
  (3) By striking the phrase `subsection (c)' everywhere  it appears in
  subsection (d) and replacing it with  `subsections (c) or (f), (g), and (h)'.
  (c) RENEWABLE ENERGY COMMERCIALIZATION- The Renewable Energy and Energy
  Efficiency Technology Competitiveness Act of 1989 (Public Law 101-218)
  is amended by adding at the end the following new section:
  `SEC. 11. COMMERCIALIZATION- `(a) DEFINITIONS- For the purposes of this
  section the term--
  `(1) `qualified borrower' means an  enterprise, that engages in the
  production and  sale of electricity, thermal energy or other forms  of
  energy using a renewable energy technology, or  a manufacturer of renewable
  energy equipment who  wishes to finance improvements in, or expansion  of,
  facilities for the manufacture of renewable  energy technologies;
  `(2) `renewable energy technology', with  respect to a participant in any
  provision under  this section, means any technology that produces,  or
  uses as its principal energy source, biomass,  geothermal, photovoltaic,
  wind, or solar thermal  (including solar water heating, solar industrial
  process preheat, and solar industrial process  heat); and
  `(3) `Federal share' means that portion of  the interest on a loan financed
  by a private  lender that is paid by the Federal Government,  subject to
  subsection (b).
  `(b) BUY DOWN AGREEMENTS-
  `(1) IN GENERAL- The Secretary shall enter into agreements with private
  lenders to pay the Federal share of the interest on loans made to qualified
  borrowers for the purpose of financing the manufacture, construction or
  acquisition of equipment that principally utilizes a renewable energy
  technology.  Buy down agreements entered into by the Secretary, may be
  implemented either directly through private lenders for Federal facilities
  or indirectly through an appropriate State energy office.
  `(2) RESTRICTION- Interest rate buy down agreements under this section
  shall not apply to projects where electricity is sold to electric utilities
  under section 210 of the Public Utility Regulatory Policies Act of 1978
  (Public Law 95-617).
  `(3) FEDERAL SHARE- The Federal share of interest on a loan shall be
  determined by the Secretary on the basis of--
  `(A) the need of the borrower for the  assistance;
  `(B) the degree to which financing of the  project will assist in the
  regional  diversification and commercialization of renewable  energy
  resources in the United States; and
  `(C) the achievement of the purposes and  goals of this section.
  `(4) LOAN TERMS- The Secretary may enter into an agreement under paragraph
  (1) to pay the Federal share of interest on not less than ten separate
  loans that--
  `(A)(i) have a principal amount of at least  $250,000 and less than
  $1,000,000 and have a  maturity of not less than fifteen years; or
  `(ii) have a principal amount of at least  $1,000,000, and have a maturity
  of not less than twenty years;
  `(B) carry an interest rate no greater than  five percent above the
  prime rate or at an  interest rate that the Secretary determines to be
  reasonable; and
  `(C) contain such other terms and conditions  that the Secretary deems
  appropriate.
  `(c) REPORT- Not later than two years after the date  of enactment of this
  section and annually thereafter, the  Secretary shall report to Congress
  on the projects funded  under this section and the progress being made
  toward  accomplishing the goals and purposes of this section.
  `(d) AUTHORIZATION- There is authorized to be  appropriated to the Secretary
  for fiscal years 1992, 1993,  and 1994 such sums as may be necessary to
  carry out the  purposes of this section.'.
  SEC. 5202. REPORT ON WASTE MINIMIZATION TECHNOLOGIES IN INDUSTRY. (a) REPORT-
  Within one year after the date of enactment of this Act, the Secretary
  shall provide to the Committee on Energy and Natural Resources of the
  United States Senate and to the United States House of Representatives a
  report evaluating opportunities to minimize waste outputs from production
  processes in industries in the United States.
  (b) CONTENTS- The report required by this section 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 timeframes for 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.
  (c) CONSULTATION- In preparing the report required by this section,
  the Secretary shall consult with the Administrator of the Environmental
  Protection Agency, any other Federal, State, or local official the Secretary
  deems 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.
  SEC. 5203. AMENDMENTS TO THE ENERGY POLICY AND CONSERVATION ACT- Section
  362(d) of the Energy Policy and Conservation Act (Public Law 94-163;
  42 U.S.C. 6322(d)) is amended by redesignating paragraphs (12) and (13)
  as paragraphs (13) and (14), respectively, and adding a new paragraph (12)
  as follows:
  `(12) support for pre-feasibility 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;'.
  SEC. 5204. 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 (referred to as the `Center').
  (d) ADMINISTRATION- (1) Not later than 180 days after the date of enactment
  of this section, the Secretary shall seek to enter into 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, and
  technology transfer activities on--
  (1) solar and 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 resource 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
  $3,000,000 for fiscal year 1992, $4,000,000 for fiscal year 1993, $5,000,000
  for fiscal year 1994, and such sums as are necessary thereafter for the
  purposes of this section.
  SEC. 5205. RENEWABLE ENERGY TECHNICAL ACHIEVEMENT AWARD- (a) PROGRAM-
  Within one year after the date of enactment of this Act, the Secretary, in
  consultation with the National Academy of Sciences, shall establish a program
  to reward outstanding achievement in each of the following technologies:
  solar thermal, photovoltaics, wind, biomass, geothermal, and such other
  renewable energy technologies as the Secretary deems appropriate.
  (b) TECHNICAL ACHIEVEMENT MILESTONES- The Secretary, in consultation with
  the National Academy of Sciences, shall establish a milestone for technical
  achievement for the year 2010 for each technology listed in subsection
  (a). The Secretary shall also establish criteria necessary to determine
  whether the technical achievement milestones have been met. Such criteria
  shall include:
  (1) the cost of power delivered under each technology;
  (2) the efficiency of each technology's energy  conversion;
  (3) the potential for large-scale commercial  production; and
  (4) such other criteria as the Secretary deems  appropriate.
  (c) AWARD- The Secretary, in consultation with the National Academy of
  Sciences, shall award up to $5,000,000 in each renewable energy technology
  category to the first person who is a United States citizen and has been
  determined by the Secretary to have met the technical achievement milestones
  described under subsection (b).
  (d) AUTHORIZATION- There is authorized to be appropriated to the Secretary
  such sums as may be necessary to carry out the purposes of this section.
Subtitle C--Hydropower
  SEC. 5301. STREAMLINING OF FEDERAL POWER ACT REGULATION- The Federal Power
  Act, as amended, (16 U.S.C. 791a et seq.) is further amended by:
  `(a) striking in section 4(e) the following:
`, and shall be subject to and contain such conditions as  the Secretary of
the department under whose supervision such  reservation falls shall deem
necessary for the adequate  protection and utilization of such reservation'
and inserting the following in lieu thereof:
`and in the case of a Government dam shall be subject  to and contain such
conditions as the Secretary of the  department under whose supervision such
Government dam  falls shall deem necessary to ensure that the license  will
not interfere or be inconsistent with the  authorized purposes for which such
Government dam was  created and shall not detract from all lawful  obligations
of the Secretary of jurisdiction, including  operation and maintenance,
relating to such Government  dam in accordance with contractual or other
arrangements and in a manner which ensures the  protection, preservation
and safety of the public  welfare: Provided further, That licenses issued
for projects located in whole or in part on an Indian reservation shall be
subject to and contain  such conditions as the Secretary of the Interior
shall  deem necessary for the adequate protection and  utilization of such
Indian reservation';
  (b) striking `(2)' in section 10(j)(1) and inserting `(3)' in lieu thereof;
  (c) striking everything after paragraph (1) in section 10(j) and inserting
  the following new paragraphs in lieu thereof:
  `(2) With respect to a project located in part or  in whole within a
  reservation, other than an Indian  reservation, and not located at a
  Government dam, a  license issued under this part shall include conditions
  for the protection and utilization of such reservation.   Subject to
  paragraph (3), such conditions shall be  based on recommendations received
  from the Secretary  under whose supervision such reservation falls.
  `(3) Whenever the Commission believes that any  recommendation referred
  to in paragraphs (1) or (2) may  be inconsistent with the purposes and
  requirements of  this part or other applicable law, the Commission and
  the relevant agencies or Secretaries referred to in  paragraphs (1) and
  (2) shall attempt to resolve any  such inconsistency, giving due weight to
  the  recommendations, expertise and statutory  responsibilities of such
  agencies or Secretaries. If,  after such attempt, the Commission does
  not adopt in  whole or in part a recommendation of any such agency or
  Secretary, the Commission shall publish each of the  following findings
  (together with a statement of the  basis for each of the findings):
  `(A) A finding that adoption of such  recommendation is inconsistent
  with the purposes and  requirements of this part or with other applicable
  provisions of law.
  `(B) A finding that the conditions selected by the  Commission comply with
  the requirements of paragraph  (1) or (2) as appropriate.';
  (d) striking subsection (i) in section 10 and relettering the subsections
  accordingly;
  (e) in section 4 inserting `, and for the purposes of subsections (h) and
  (i), the Commission shall' after `empowered' and inserting the following
  after subsection (g):
  `(h) Establish procedures that, to the extent  practicable, provide for
  the earliest identification  and performance of all studies and analyses
  required to  be performed in conjunction with an application for a  license
  under this part.
  `(i)(1) Coordinate a single, consolidated review,  including review under
  the National Environmental  Policy Act of 1969, of a project which is the
  subject  of an application for a license under this part, by all  Federal
  agencies, State agencies and affected Indian  tribes interested in the
  project that is the subject of  the application. The Commission shall give
  reasonable  notice of the application and the consolidated review  to all
  Federal agencies, State agencies and affected  Indian tribes that may be
  interested in the project  that is the subject of the application. The
  Commission  shall be the lead agency for purposes of compliance  with the
  National Environmental Policy Act of 1969. A  review under the National
  Environmental Policy Act of  1969 completed by the Commission as part of
  this  consolidated review shall be the only documentation  needed by an
  agency to satisfy the requirements of the  National Environmental Policy
  Act of 1969 for the  project subject to the review. The Commission's
  decision concerning issuance of a license and the  terms, conditions and
  prescriptions of the license  shall take into account the results of the
  consolidated  review. An agency's decision concerning its  recommendations,
  terms, conditions and prescriptions  for the license and any approvals within
  its authority  related to the project shall take into account the  results
  of the consolidated review. The Commission may  establish reasonable time
  limits for submission of  recommendations, terms, conditions, prescriptions
  and  reports by a Federal agency, State agency or Indian  tribe as part
  of the consolidated review. If an agency  does not meet the Commission's
  time limitations, the  Commission may continue to process and to take any
  appropriate action on the application.
  `(2) Where environmental documents are prepared in  connection with an
  application for a license under this  part, the Commission shall permit, at
  the election of  the applicant, a contractor, consultant or other person
  funded by the applicant to prepare such environmental  document. The
  contractor shall be chosen by the  Commission in its sole discretion. The
  Commission  shall establish procedures to assure that the  contractor,
  consultant or other person has no  financial or other potential conflict
  of interest in  the outcome of the proceeding. Nothing herein shall  affect
  the Commission's responsibility to comply with  the National Environmental
  Policy Act of 1969.'.
  SEC. 5302. STATE LICENSING JURISDICTION OVER SMALL PROJECTS- The Federal
  Power Act, as amended, (16 U.S.C. 791a et seq.) is further amended by
  adding the following at the end of section 23:
  `(c) In the case of any project works: (1) that  are not part of a project
  licensed under this Act prior  to the date of enactment of this subsection;
  (2) for  which a license application has not been accepted for  filing by the
  Commission prior to the date of enactment  of this subsection (unless such
  application is  withdrawn at the election of the applicant); (3) having  a
  power production capacity of 5000 kilowatts or less;  (4) located entirely
  within the boundaries of a single  State; and (5) not located in whole
  or in part on any Indian reservation,  unit of the National Park System,
  component of the Wild  and Scenic Rivers System or segment of a river
  designated for study for potential addition to such  system, the State in
  which such project works are  located shall have the exclusive authority
  to authorize  such project works under State law, in lieu of  licensing by
  the Commission under the otherwise  applicable provisions of this Part,
  effective upon the  date on which the Governor of the State notifies the
  Secretary of Energy that the State has assessed its  river resources in a
  comprehensive way and has in place  a process for regulating such projects
  which gives  appropriate consideration to the improvement or  development
  of the State's waterways for the use or  benefit of intrastate, interstate,
  or foreign commerce,  for the improvement and use of waterpower development,
  for the adequate protection, mitigation of damage to,  and enhancement
  of fish and wildlife (including related  spawning grounds), and for other
  beneficial public  uses, including irrigation, flood control, water  supply,
  recreational and other purposes, and Indian  rights, if applicable.
  `(d) In the case of a project that would be  subject to authorization by
  a State under subsection  (c) but for the fact that the project has been
  licensed  by the Commission prior to the enactment of subsection  (c),
  the licensee of such project may in its discretion  elect to make the
  project subject to the authorizing  authority of the State.
  `(e) With respect to projects located in whole or  in part on Federal
  lands, State authorizations for  project works pursuant to subsection
  (c) of this  section shall be subject to the approval of the  Secretary
  having jurisdiction with respect to such  lands and subject to such terms
  and conditions as the  Secretary may prescribe.
  `(f) Nothing in subsection (c) shall preempt the  application of Federal
  environmental, natural, or  cultural resources protection laws according
  to their  terms.'.
  SEC. 5303. IMPROVEMENT AT EXISTING FEDERAL FACILITIES- (a) STUDIES OF
  OPPORTUNITIES FOR INCREASED HYDROELECTRIC GENERATION- The Secretary,
  in consultation with the Secretary of the Interior and the Secretary
  of the Army, shall perform studies of cost effective opportunities to
  increase hydropower production at existing Federally-owned or operated
  water regulation, storage, and conveyance facilities. Such studies shall
  be completed within two years after the date of enactment of this Act
  and transmitted to the Committee on Energy and Natural Resources of the
  United States Senate and to the United States House of Representatives. An
  individual study shall be prepared for each of the Nation's principal river
  basins. Each such study shall identify and describe with specificity the
  following matters:
  (1) opportunities to improve the efficiency of  hydroelectric generation
  at such facilities through, but not  limited to, mechanical, structural,
  or operational changes;
  (2) opportunities to improve the efficiency of the use  of water supplied or
  regulated by Federal projects where  such improvement could, in the absence
  of legal or   administrative constraints, make additional water supplies
  available for hydroelectric generation or reduce project  energy use;
  (3) opportunities to create additional generating  capacity at existing
  facilities through, but not limited to,  the construction of additional
  generating units, the  uprating of generators and turbines, and the
  construction of  pumped storage facilities; and
  (4) preliminary assessment of the costs of such  measures.
  (b) EXCEPTION FOR PREVIOUS STUDIES- In those cases where studies of the
  type required by this section have been prepared by any agency of the
  United States and published within the ten years prior to the date of
  enactment of this Act, the Secretary may choose not to perform new studies
  but incorporate the information developed by such studies into the study
  reports required by this section.
  (c) AUTHORIZATION- There is authorized to be appropriated in each of the
  fiscal years 1992, 1993, and 1994 such sums as may be necessary to carry
  out the purposes of this section.
  SEC. 5304. WATER CONSERVATION AND ENERGY PRODUCTION- (a) STUDIES- The
  Secretary of the Interior, acting pursuant to the Federal reclamation laws
  (Act of June 17, 1902, 32 Stat. 388), and Acts supplementary thereto and
  amendatory thereof, is authorized and directed to conduct feasibility
  investigations of opportunities to increase the amount of hydroelectric
  energy available for marketing by the Secretary from Federal hydroelectric
  power generation facilities resulting from a reduction in the consumptive
  use of such power for Federal reclamation project purposes or as a result of
  an increase in the amount of water available for such generation because of
  water conservation efforts on Federal reclamation projects or a combination
  thereof. The Secretary of the Interior is further authorized and directed
  to conduct feasibility investigations of opportunities to mitigate damages
  to or enhance fish and wildlife as a result of increasing the amount of
  water available for such purposes because of water conservation efforts
  on Federal reclamation projects. Such feasibility investigations shall
  include, but not be limited to--
  (1) an analysis of the technical, environmental, and  economic feasibility of
  reducing the amount of water  diverted upstream of such Federal hydroelectric
  power  generation facilities by Federal reclamation projects;
  (2) an estimate of the reduction, if any, of project  power consumed as
  a result of the decreased amount of  diversion;
  (3) an estimate of the increase in the amount of  electrical energy and
  related revenues which would result  from the marketing of such power by
  the Secretary;
  (4) an estimate of the fish and wildlife benefits which  would result from
  the decreased or modified diversions;
  (5) a finding by the Secretary of the Interior that the activities proposed
  in the feasibility study can be carried out in accordance with applicable
  Federal and State law, interstate compacts and the contractual obligations
  of the Secretary; and
  (6) a finding by the affected Federal Power Marketing Administrator that
  the hydroelectric component of the proposed water conservation feature is
  cost-effective and that the affected Administrator is able to market the
  hydro-electric power expected to be generated.
  (b) CONSULTATION- In preparing feasibility studies pursuant to this
  section, the Secretary of the Interior shall consult with, and seek the
  recommendations of, affected State, local and Indian tribal interests,
  and shall provide for appropriate public comment.
  (c) CONSTRUCTION- Upon a finding of feasibility by the Secretary of the
  Interior, and agreement with the affected Power Marketing Administrator,
  and the expiration of ninety days during which the feasibility investigation
  related thereto has lain before the Congress, the Secretary of the Interior,
  acting pursuant to the Federal reclamation laws, is authorized to construct,
  operate and maintain the water conservation features described by and
  justified in the feasibility investigations prepared pursuant to subsection
  (a) of this section.
  (d) FINANCING- Revenues received by the respective Federal Power Marketing
  Administrators from the marketing of hydroelectric energy made available
  as a result of the water conservation activities undertaken pursuant to
  this section shall be disposed of by the respective Federal Power Marketing
  Administrators pursuant to applicable Federal power marketing law.
  (e) AUTHORIZATION- There is hereby authorized to be appropriated to the
  Secretary of the Interior such sums as may be necessary to carry out
  this section.
  SEC. 5305. PROJECTS ON FRESH WATERS IN THE STATE OF HAWAII- (a) GENERAL
  LICENSING AUTHORITY- Section 4(e) of the Federal Power Act (16 U.S.C. 797(e))
  is amended by striking `several States, or upon' and inserting `several
  States (except fresh waters in the State of Hawaii), or upon'.
  (b) MANDATORY LICENSING AUTHORITY- Section 23(b) of the Federal Power Act (16
  U.S.C. 817(b)) is amended by striking `United States, or upon' and inserting
  `United States (except fresh waters in the State of Hawaii), or upon'.
  SEC. 5306. CERTAIN PROJECTS IN THE STATE OF ALASKA- The following projects
  located entirely within the State of Alaska are removed from jurisdiction
  of the Federal Energy Regulatory Commission and all applicable laws and
  regulations relating to such jurisdiction:
  (1) a project located at Sitka, Alaska, with application numbered
  UL89-08-000; and
  (2) a project located at Juneau, Alaska, with preliminary permit numbered
  10681-000.
  SEC. 5307. EXTENSION OF TIME LIMITATIONS FOR CERTAIN PROJECTS IN ARKANSAS-
  (a) AUTHORIZATION OF EXTENSIONS. Notwithstanding the time limitations of
  section 13 of the Federal Power Act, (16 U.S.C. 806) the Federal Energy
  Regulatory Commission upon the request of the licensee for FERC projects
  numbered 3033 and 3034 (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--
  (1) until August 10, 1994 the time required for  the licensee to acquire the
  required real property and  commence the construction of Project No. 3033,
  and  until August 10, 1999 the time required for completion  of construction
  of such project; and
  (2) until August 10, 1996 the time required for  the licensee to acquire the
  required real property and  commence the construction of Project No. 3034,
  and  until August 10, 2001 the time required for completion  of construction
  of such project.
  (b) TERMINATION OF AUTHORIZATION FOR EXTENSIONS- The authorization for
  issuing extensions shall terminate three years after the date of enactment
  of this Act. The Commission to facilitate requests under this section may
  consolidate such requests.
TITLE VI--ENERGY EFFICIENCY
Subtitle A--Industrial, Commercial and Residential
  SEC. 6101. BUILDING ENERGY EFFICIENCY CODES- (a) ESTABLISHMENT OF CODES-
  Title III of the Energy Conservation and Production Act (Pub. L. No. 94-385),
  as amended, is amended by--
  (1) amending section 303 by--
  (A) striking paragraph (9),
  (B) renumbering the subsequent paragraphs, and
  (C) adding at the end the following new paragraphs--
  `(13) the term `Federal building energy code' means an energy consumption
  goal to be met without specification of the methods, materials, or
  equipment to be employed in achieving that goal, but including statements
  of the requirements, criteria, and evaluation methods to be used, and any
  necessary commentary.
  `(14) The term `industry voluntary building energy code' means a building
  energy code developed and updated through an industry process, 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.'; and
  (2) striking sections 304, 306, 308, 309, 310, and 311 and their captions
  and inserting the following in lieu thereof--
`FEDERAL BUILDING ENERGY CODE
  `SEC. 304. (a) Within two years of enactment of the National Energy Security
  Act of 1991, the Secretary, after consulting with appropriate Federal
  agencies; the Council of American Building Officials; the American Society
  of Heating, Refrigerating, and Air-conditioning Engineers; the National
  Association of Home Builders; the Illuminating Engineering Society; the
  American Institute of Architects; and the National Conference of States
  on Building Codes and Standards, shall issue by rule a Federal building
  energy code that assures the inclusion in Federal buildings of all energy
  efficiency measures that are technologically feasible and economically
  justified. This code shall become effective no earlier than six months
  and no later than two years after issued.
  `(b) The Federal building energy code shall--
  `(1) contain energy saving and renewable energy  specifications that meet
  or exceed the energy saving and  renewable energy specifications of the
  industry voluntary  building energy code, and
  `(2) include a method of compliance that uses the same  format as that
  used by the industry voluntary building  energy code.
  `(c) The Secretary shall identify and describe the basis for any substantive
  difference between the Federal building energy code and the industry
  voluntary building energy code.
  `(d) Interim energy performance standards for new Federal residential and
  commercial buildings issued by the Secretary under this title as it existed
  before enactment of the National Energy Security Act of 1991 shall remain
  in effect until the head of a Federal agency required to adopt procedures
  under section 305(a) adopts those procedures.
`FEDERAL COMPLIANCE
  `SEC. 305. (a) The head of each Federal agency shall adopt procedures
  necessary to assure that new Federal residential or commercial buildings
  meet or exceed the Federal building energy code.
  `(b) 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 Federal building energy code.
  `(c) The head of each Federal agency that guarantees a mortgage for
  constructing a new building shall adopt the procedures necessary to assure
  that the building meets or exceeds the Federal building energy code.
`SUPPORT FOR INDUSTRY VOLUNTARY BUILDING ENERGY CODE
  `SEC. 306. (a) Within one year of the enactment of the National Energy
  Security Act of 1991, the Secretary, after consulting with appropriate
  Federal agencies; the Council of American Building Officials; the American
  Society of Heating, Refrigerating, and Air-conditioning Engineers;
  the National Conference of States on Building Codes and Standards; and
  any other appropriate building codes and standards organization, shall
  support the upgrading of an industry voluntary building energy code for
  new residential and commercial buildings. The support shall include--
  `(1) a compilation of data and other information  regarding building
  energy efficiency codes in the possession  of the Federal government,
  State and local governments, and  industry organizations;
  `(2) assistance in improving the technical basis for  the energy code;
  `(3) assistance in determining the cost-effectiveness  and the technical
  feasibility of the energy efficiency  measures included in the code; and
  `(4) development of interim energy performance  standards for new non-Federal
  residential buildings.
  `(b) The Secretary, in consultation with the appropriate Federal agencies,
  shall periodically review the technical and economic basis of the industry
  voluntary building energy code.  Based upon ongoing research activities
  and a review of appropriate industry energy standards, the Secretary shall--
  `(1) recommend amendments to the industry voluntary  building energy code,
  `(2) seek adoption of all technically feasible and  economically justified
  energy efficiency measures, and
  `(3) participate otherwise in any industry process for  review and
  modification of the industry voluntary building  energy code.
`ADOPTION INCENTIVES
  `SEC. 307. (a) STATE REPORT- Within two years of the enactment of the
  National Energy Security Act of 1991, each State shall submit a report to
  the Secretary on the type and status of, and compliance and enforcement
  procedures for building energy codes used within the State, including a
  list of the units of general purpose local government within the State
  that identifies which, if any, have adopted building energy codes.
  `(b) AVAILABILITY OF INCENTIVE FUNDING- If the Secretary certifies that
  a state or any units of general purpose local government which have
  jurisdiction regarding energy building codes, has adopted building energy
  codes at least as stringent as those of the industry voluntary energy
  building codes, then the Secretary shall provide incentive funding to that
  State or such units of general purpose local government to fund activities
  to further promote the adoption and implementation of the industry voluntary
  energy building codes. Such incentive funds shall be allocated from funds
  made available under subsection (c), on the basis of the average number of
  residential housing starts within such State or unit of general purpose
  local government during the previous three years. The Secretary may use
  up to five percent of the funds made available under subsection (c) for
  administration of activities conducted pursuant to this section.
  `(c) AUTHORIZATION- There are authorized to be appropriated such sums as
  may be necessary to provide incentive funding to the States pursuant to
  this section.
`TECHNICAL ASSISTANCE
  `SEC. 308. The Secretary may provide technical assistance to States, units
  of general purpose local government, and other appropriate organizations to
  promote the adoption and implementation of the voluntary energy building
  codes or to otherwise promote the design and construction of energy
  efficient buildings.
`REPORTS
  `SEC. 309. The Secretary, in consultation with the appropriate Federal
  agencies, shall report annually to Congress on activities conducted pursuant
  to this title including:
  `(1) the recommendations made regarding the prevailing  industry voluntary
  building energy code under section  304(c);
  `(2) a State-by-State summary of progress made in the  adoption and
  implementation of the voluntary energy building  codes or more stringent
  codes; and
  `(3) recommendations to Congress on opportunities to  further promote
  energy efficiency and other purposes of this  part.'.
  (b) CONFORMING AMENDMENT- The table of contents of the Energy Conservation
  and Production Act (Public Law 94-385) is amended by striking the items
  relating to sections 304, 306, 308, and 309, and inserting in lieu thereof
  the following--
`Sec. 304. Federal building energy code.
`Sec. 305. Federal compliance.
`Sec. 306. Support for industry voluntary building energy code.
`Sec. 307. Adoption incentives.
`Sec. 308. Technical Assistance.
`Sec. 309. Reports.'.
  SEC. 6102. RESIDENTIAL ENERGY EFFICIENCY RATINGS AND MORTGAGES- (a)
  RATINGS- Title II of the National Energy Conservation Policy Act (NECPA)
  (Public Law 96-619) is amended by adding a new part 6 as follows:
`Part 6--Residential Energy Efficiency Rating Guidelines
`SEC. 271. VOLUNTARY RATING GUIDELINES.
  `(a) Within eighteen months of the date of enactment of the National Energy
  Security Act of 1991, the Secretary, in consultation with the Secretary of
  Housing and Urban Development and other appropriate institutions, shall,
  by rule, promulgate voluntary guidelines that may be used by State and
  local governments, utilities, builders and others, that would enable the
  assignment of an energy efficiency rating to residential buildings.
  `(b) The voluntary guidelines under subsection (a) shall:
  `(1) provide for a uniform rating scale of the  efficiency with which any
  residential building uses energy  on an annual basis;
  `(2) provide that such rating shall take into account  local climate
  conditions and construction practices, and  does not discriminate among
  fuel types, except that solar  energy collected on-site shall be credited
  toward the energy  efficiency rating of such building;
  `(3) provide that all residential buildings can receive  a rating at the
  time of sale;
  `(4) provide that the rating is prominently  communicated to potential
  buyers and renters; and
  `(5) provide that the rating system is consistent with,  and supportive
  of, the uniform plan for energy efficient  mortgages developed pursuant
  to Section 946 of the Cranston-Gonzales National Affordable Housing Act
  (Pub. L. No. 101-625).
`SEC. 272. TECHNICAL ASSISTANCE.
  `Within eighteen months after the date of the enactment of the National
  Energy Security Act of 1991, the Secretary shall establish a program to
  provide technical assistance to State and local organizations to encourage
  the adoption of residential energy efficiency rating systems based on the
  voluntary guidelines promulgated under this part.
`SEC. 273. AUTHORIZATION.
  `There is authorized to be appropriated such sums as may be necessary to
  carry out the provisions of this part.'.
  (b) CONFORMING AMENDMENT- The National Energy Conservation Policy Act
  (Public Law 95-619) is further amended by adding in the table of contents
  at the end of title II, the following items:
`PART 6--Residential Energy Efficiency Ratings
`Sec. 271. Rating guidelines.
`Sec. 272. Technical assistance.
`Sec. 273. Authorization.'.
  (c) ENERGY EFFICIENCY MORTGAGES- The Cranston-Gonzalez National Affordable
  Housing Act (Public Law 101-625) is amended as follows:
  (1) At the end of section 104 add the following new  definition:
  `(24) The term `energy efficient mortgage' means a mortgage which provides
  financial incentives for the purchase of energy efficient homes, or which
  provides financial incentives to make energy efficiency improvements
  in existing homes by incorporating the cost of such improvements in the
  mortgage.'
  (2) In section 946 make the following amendments:
  (A) In subsection (a) strike the words `mortgage financing incentives for
  energy efficiency' and insert in lieu thereof `energy efficient mortgages';
  (B) at the end of subsection (a) add the following new sentence:
`The plan shall be consistent with and mutually supportive of the Federal
building energy code and the residential energy efficiency rating voluntary
guidelines to be developed by the Secretary of Energy pursuant to the National
Energy Security Act of 1991.'.
  (C) in subsection (b) after the word `include' add the words `but not be
  limited to';
  (D) at the end of subsection (b) add the following new sentence:
`The Task Force shall determine whether a notification of the availability
of energy efficient mortgages to potential home purchasers would promote
energy efficiency in residential buildings, and if so, then the Task Force
shall recommend appropriate notification guidelines, and member agencies
are authorized to implement such guidelines.'.
  SEC. 6103. MANUFACTURED HOUSING ENERGY EFFICIENCY- (a) AMENDMENTS TO
  CRANSTON-GONZALEZ- Section 943 of the Cranston-Gonzalez National Affordable
  Housing Act, (Public Law 101-625), is amended by--
  (1) striking the phrase `thermal insulation, energy  efficiency' in
  subparagraph (d)(1)(D); and
  (2) inserting a new subparagraph (E) as follows, and  relettering the
  existing subparagraphs accordingly:
  `(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 shall assess the energy
  performance of manufactured housing and make recommendations to the
  Commission established under section 943 of the Cranston-Gonzalez National
  Affordable Housing Act (Public Law 101-625) regarding thermal insulation and
  energy efficiency improvements applicable to manufactured housing which are
  technically feasible and economically justified. The Secretary shall also
  test the performance and determine the cost-effectiveness of manufactured
  housing constructed to the standards established under such section.
  SEC. 6104. IMPROVING EFFICIENCY IN ENERGY-INTENSIVE INDUSTRIES- (a)
  SECRETARIAL ACTION- The Secretary, acting in accordance with authority
  contained in the Federal Nonnuclear Energy Research and Development Policy
  Act of 1974 (Public Law 93-577) and other applicable laws, shall--
  (1) pursue a research and development 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 specialized 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 research and development 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.
  (c) AUTHORIZATION- There is authorized to be appropriated to the Secretary
  $5,000,000 for fiscal year 1992, $15,000,000 for fiscal year 1993, and
  $25,000,000 for fiscal year 1994, to carry out the purposes of this section.
  SEC. 6105. REPORT- The Secretary, in consultation with the Council of
  Economic Advisors, shall submit to the Congress within one year after the
  date of enactment of this Act, and every three years thereafter through the
  year 2004, a report setting forth energy efficiency policy options that
  would both decrease domestic oil consumption and overall domestic energy
  consumption by one, two, three, and four percent, per-year per-unit of
  GNP, through the year 2005, below the projected consumption for 2005. The
  Secretary shall evaluate, describe and rank these policy options according
  to their cost-effectiveness and their feasibility of implementation.
  SEC. 6106. VOLUNTARY GUIDELINES FOR INDUSTRIAL PLANTS--(a) VOLUNTARY
  GUIDELINES FOR ENERGY EFFICIENCY AUDITING AND INSULATING- Within one year
  after the date of 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) EDUCATION AND TECHNICAL ASSISTANCE- The Secretary shall conduct a
  program of education and technical assistance to promote the use of the
  voluntary guidelines established under subsection (a).
  (c) ANNUAL REPORT- The Secretary shall report annually to Congress on
  activities conducted pursuant to this section, including an evaluation
  of the effectiveness of these guidelines, and the responsiveness of the
  industrial sector to these guidelines.
  (d) AUTHORIZATION- There is authorized to be appropriated $750,000 annually
  to carry out the purposes of this section.
  SEC. 6107. ENERGY EFFICIENCY LABELING FOR WINDOWS AND WINDOW SYSTEMS-
  (a) DEVELOPMENT OF PROGRAM- Not later than one year after the date of
  enactment of this Act, the Secretary shall, after consulting with the
  National Fenestration Rating Council, industry representatives, and other
  appropriate organizations, provide financial and technical assistance to
  support the voluntary development of a national window rating program to
  establish energy efficiency ratings for windows and window systems. Such
  program shall set forth information and specifications that will enable
  purchasers of windows or window systems to make more informed purchasing
  decisions based upon the potential cost and energy savings of alternative
  window products.
  (b) SECRETARIAL ACTION- If a voluntary national window rating program,
  consistent with the objectives of subsection (a), is not established within
  two years of the date of the enactment of this Act, then the Secretary shall,
  after consulting with the National Institute of Standards and Technology,
  develop, within one year, a rating program to establish energy efficiency
  ratings for windows and window systems under section 323 of the Energy
  Policy and Conservation Act (hereinafter in this title referred to as EPCA)
  (Public Law 94-163).
  (c) FEDERAL TRADE COMMISSION RULES- The Federal Trade Commission (hereinafter
  in this section, the `Commission') shall prescribe labeling rules under
  section 324 of EPCA for the rating program established pursuant to either
  subsection (a) or (b) of this section, unless the Commission determines
  that labeling in accordance with subsections (a) or (b) of this section
  is not technologically or economically feasible or is not likely to assist
  consumers in making purchasing decisions with respect to any type of window
  or window system (or class thereof).
  (d) COVERED PRODUCTS- For purposes of sections 323 and 324 of EPCA, windows
  and window systems shall be considered covered products under section 322
  of such Act unless excluded by the Commission pursuant to subsection (c)
  of this section.
  (e) AUTHORIZATION- There is authorized to be appropriated to the Secretary
  $750,000 for each of the fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this section.
  SEC. 6108. ENERGY EFFICIENCY INFORMATION- (a) DATA ON ENERGY EFFICIENCY-
  Pursuant to section 52(a) of the Federal Energy Administration Act of
  1974 (Public Law 93-275), and after consulting with State and Federal
  energy officials, representatives of energy-using classes and sectors, and
  representatives of energy policy public-interest or research organizations,
  the Administrator of the Energy Information Administration shall expand
  the scope and frequency of the data it collects and reports on energy use
  in the United States with the objective of significantly improving the
  ability to evaluate the effectiveness of the Nation's energy efficiency
  policies and programs. The Administrator shall take into account reporting
  burdens and the protection of proprietary information as required by
  law. In expanding the collection of such data to meet this objective,
  the Administrator shall consider--
  (1) expanding data collection to include energy  intensive sectors not
  presently covered in Energy  Information Administration surveys;
  (2) increasing the frequency with which the Energy  Information
  Administration conducts end-use energy surveys  among households, commercial
  buildings, and manufacturing;
  (3) expanding the survey instruments to include  questions regarding
  participation in government and utility  conservation programs, the energy
  efficiency of existing  stocks of equipment and structures, and recent
  changes in  the technical efficiency and operating practices that affect
  energy use;
  (4) expanding the time period for which fuel-use data  is collected from
  individual survey respondents;
  (5) expanding the sample sizes for fuel-use surveys in  order to improve
  the accuracy of subgroups of energy users;
  (6) expanding the scope and frequency of data  collection on the energy
  efficiency and load-management  programs operated by electric and gas
  utilities; and
  (7) establishment of reporting requirements and  voluntary energy efficiency
  improvement targets for energy  intensive industries.
  (b) ANNUAL REPORT- The Administrator shall report annually to Congress
  on the energy efficiency in classes and sectors of the economy and on any
  data resulting from this section.
  (c) REPORT ON INDUSTRIAL REPORTING AND VOLUNTARY TARGETS- Not later than
  one year after the date of enactment of this Act the Administrator shall
  report to Congress on the conclusions of the Administrator's consideration
  of establishing reporting requirements and voluntary energy efficiency
  improvement targets pursuant to paragraph (a)(7) of this section,
  including an evaluation of the costs and benefits of such reporting
  requirements and voluntary energy efficiency improvement targets, and
  including recommendations by the Administrator on proposals or activities
  to improve energy efficiency in energy intensive industries.
  SEC. 6109. ENERGY EFFICIENCY LABELING FOR LAMPS AND LUMINAIRES- (a)
  DEVELOPMENT OF PROGRAM- Not later than one year after the date of enactment
  of this Act, and in consultation with the National Electric Manufacturers
  Association, industry representatives, and other appropriate organizations,
  the Secretary shall provide financial and technical assistance to support
  the voluntary development of a national energy efficiency rating and
  labeling program for lamps and luminaires. Such program shall set forth
  information and specifications that will enable purchasers of lamps and
  luminaires to make informed decisions among the energy efficiency and cost
  of alternative lamps and luminaires.
  (b) SECRETARIAL ACTION- If a national energy efficiency rating and labeling
  program consistent with the objectives of subsection (a) is not voluntarily
  established within two years of the date of enactment of this Act, then the
  Secretary shall, in consultation with the National Institute of Standards
  and Technology, develop, within one year, a rating program for lamps and
  luminaires under section 323 of EPCA (Public Law 94-163).
  (c) FEDERAL TRADE COMMISSION RULES- The Federal Trade Commission shall
  prescribe labeling rules under section 324 of EPCA for lamps and luminaires,
  except to the extent that the Commission determines that labeling in
  accordance with subsection (b) of this section is not technologically
  or economically feasible or is not likely to assist consumers in making
  purchasing decisions with respect to any type of lamp or luminaire (or
  class thereof).
  (d) COVERED PRODUCTS- For purposes of sections 323 and 324 of EPCA, lamps
  and luminaires shall be considered covered products under section 322 of
  such Act (42 U.S.C. 6292) unless excluded by the Commission pursuant to
  subsection (c) of this section.
  (e) AUTHORIZATION- There is authorized to be appropriated to the Secretary
  $750,000 for each of the fiscal years 1992, 1993, and 1994 to carry out
  the purposes of this section.
  SEC. 6110- COMMERCIAL AND INDUSTRIAL EQUIPMENT STANDARDS- Title III,
  part C, of the Energy Policy and Conservation Act (Public Law 94-163)
  is amended by adding the following new section 344A:
  `SEC. 344a--(a) DEFINITIONS- For the purposes of this section:
  `(1) the term `lamp' means incandescent, fluorescent  and high intensity
  discharge lamps;
  `(2) the term `small commercial package air  conditioning and heating
  equipment' means air-cooled, and  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);
  and
  `(3) the term `large commercial package air  conditioning and heating
  equipment' means air-cooled, and  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).'
  `(4) 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) INITIAL DETERMINATIONS- The Secretary shall, within 12 months after the
  date of enactment of the National Energy Security Act of 1991, determine,
  with respect to: lamps, small commercial package air conditioning and
  heating equipment, large commercial package air conditioning and heating
  equipment; and utility distribution transformers; whether--
  `(1) it is practicable to classify such products into  types and to
  prescribe test procedures to measure energy  use, energy efficiency,
  or estimated annual operating cost  during a representative average use
  cycle or period of use  which are not unduly burdensome to conduct; and
  `(2) it is likely that energy efficiency standards  would result in
  significant energy savings, without a  reduction in performance, for
  those products which the  Secretary has determined under paragraph (1)
  that it is  practicable to classify and prescribe test procedures.
  `(c) TEST PROCEDURES- The Secretary shall, within 18 months after
  the date of enactment of the National Energy Security Act of 1991,
  prescribe test procedures for those lamps, small commercial package
  air conditioning and heating equipment, large commercial package air
  conditioning and heating equipment, and utility distribution transformers
  for which he has determined under subsection (b) that classification into
  types and testing procedures are practicable and that it is likely that
  energy efficiency standards would result in significant energy savings,
  without a reduction in performance. In establishing these test procedures,
  the Secretary shall use existing and generally accepted industry testing
  procedures when practicable and consistent with the objective of increasing
  energy efficiency to the extent technically feasible and economically
  justified. For small commercial package air conditioning and heating
  equipment and large commercial package air conditioning and heating
  equipment for which the Secretary establishes test procedures pursuant to
  this section, such test procedures shall be consistent with those generally
  accepted industry testing procedures or rating procedures, if any, developed
  by the Air Conditioning and Refrigeration Institute or by the American
  Society of Heating, Refrigerating and Air Conditioning Engineers as in
  effect on the date of the enactment of the National Energy Security Act
  of 1991. If such an industry test procedure or rating procedure for such
  small commercial package air conditioning and heating equipment or large
  commercial package air conditioning and heating equipment is subsequently
  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 he determines by rule published in the Federal
  Register, supported by clear and convincing evidence, that to do so would
  not meet the purposes and criteria of this section with respect to the
  product. If the Secretary issues a rule containing such a determination
  the rule may establish an amended test procedure for such product that
  meets the purposes and criteria of this section with respect to that product.
  `(d) CLASSIFICATION AND STANDARDS- (1) The Secretary, for those products
  for which test procedures have been prescribed under subsection (c), shall,
  within eighteen months thereafter:
  `(A) determine types (or classes) for lamps, small  commercial package
  air conditioning and heating equipment,  large commercial package air
  conditioning and heating  equipment, and utility distribution transformers;
  and
  `(B) develop energy conservation standards for each  type (or class) of
  lamps, small commercial package air  conditioning and heating equipment,
  large commercial package  air conditioning and heating equipment, and
  utility  distribution transformers for which such standards would be
  technologically feasible and economically justified. Except  as provided
  in subsections (d)(3) (B) and (d)(3) (C) of this  section, such standards
  shall become effective no less than eighteen months and no more than three
  years after development of such  standards.
  `(2) In establishing these standards, the Secretary shall take into
  consideration the criteria contained in sections 325(1) and (m) of this Act.
  `(3)(A) In establishing these standards, the Secretary shall first review
  existing and generally accepted industry voluntary energy efficiency
  standards for these products, if any, to determine whether the adoption of
  industry standards would be consistent with the objective of increasing
  energy efficiency to the extent technically feasible and economically
  justified. In which case, the Secretary shall adopt such industry standards.
  `(B) For small package air conditioning and heating equipment for which the
  Secretary establishes standards pursuant to this section, the Secretary shall
  establish such standards at the standard levels set forth for such products
  in ASHRAE/IES Standard 90.1 as in effect on the date of enactment of this
  Act.  Such standards shall become effective for such products manufactured
  on or after January 1, 1994. Such standards levels shall be as follows:
  `(i) The minimum seasonal energy efficiency ratio of  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 for
  products manufactured on or after January 1, 1994.
  `(ii) The minimum seasonal energy efficiency ratio of  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 for  products manufactured on or after January 1, 1994.
  `(iii) The minimum energy efficiency ratio of 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 Fahrenheit, dry bulb
  (F  db)) for products manufactured on or after January 1, 1994.
  `(iv) The minimum heating seasonal performance factor  of three-phase
  electric central air conditioning heat pumps  less than 65,000 Btu per hour
  (cooling capacity), split  systems, shall be 6.8 for products manufactured
  on or after  January 1, 1994.
  `(v) The minimum heating seasonal performance factor of  three-phase electric
  central air conditioning heat pumps  less than 65,000 Btu per hour (cooling
  capacity), single  package, shall be 6.6 for products manufactured on or
  after  January 1, 1994.
  `(vi) The minimum coefficient of performance in the  heating mode of
  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) for products
  manufactured on or after January 1, 1994.
  `(C) For large package air conditioning and heating equipment for which the
  Secretary establishes standards pursuant to this section, the Secretary
  shall establish such standards at the standard levels set forth for such
  products in ASHRAE/IES Standard 90.1 as in effect on the date of enactment
  of this Act.  Such standards shall become effective for such products
  manufactured on or after January 1, 1995. Such standard levels shall be
  as follows:
  `(i) The minimum energy efficiency ratio of 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) for products
  manufactured on or after January 1, 1995.
  `(ii) The minimum coefficient of performance in the  heating mode of
  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 for  products manufactured on or after January 1, 1995.
  `(D) If ASHRAE/IES Standard 90.1 as in effect on the date of enactment of the
  National Energy Security Act of 1991 is subsequently amended with respect
  to any small commercial package air conditioning and heating equipment or
  large commercial package air conditioning and heating equipment for which
  the Secretary establishes standards pursuant to this section, then the
  Secretary shall amend the standard for that product to the level in the
  amended ASHRAE/IES Standard 90.1 unless he determines by rule published
  in the Federal Register, supported by clear and convincing evidence,
  that adoption of the level in the amended ASHRAE/IES Standard 90.1 would
  not meet the purposes and criteria of this section with respect to such
  product. If the Secretary issues a rule containing such a determination,
  the rule may establish an amended standard for such product that meets
  the purposes and criteria of this section with respect to that product. A
  standard as amended by the Secretary under this subsection shall become
  effective for products manufactured on or after a date which is four years
  after the effective date of the relevant standard in amended ASHRAE/IES
  Standard 90.1, except that an amended standard issued by the Secretary
  pursuant to a rule under this subparagraph (d)(3)(C) shall become effective
  for products manufactured on or after a date which is four years after
  the date the rule is published in the Federal Register.
  `(4) These standards shall, upon their effective date, preempt any state
  or local regulation concerning the energy efficiency or energy use of
  such products.
  `(5) Except as provided in subparagraphs (d)(3) (B) through (D), the
  Secretary shall periodically, but at least every five years, review and
  update any standards established pursuant to this section, and shall
  reevaluate whether standards are justified for those products for which
  standards were not adopted.
  `(e) LABELING- (1) The Federal Trade Commission shall, within twelve months
  after the date on which a test procedure is prescribed by the Secretary for
  a product (or class thereof) under subsection (c), prescribe a labeling rule
  for the product (or class thereof), except to the extent that, with respect
  to a product (or class thereof) the Commission determines that a labeling
  rule is not economically or technically feasible, would not result in
  significant energy savings and is not necessary for informational purposes.
  `(2) If the Commission determines that labeling is not necessary under
  paragraph (1) and the Secretary prescribes standards under subsection
  (d), then the Commission, within twelve months after the date on which
  a standard is prescribed by the Secretary, shall prescribe a labeling
  rule designed solely to facilitate enforcement of the requirements of
  this section and other applicable provisions of law. A labeling rule for
  small commercial package air conditioning and heating equipment and large
  commercial package air conditioning and heating equipment shall be designed
  solely to facilitate enforcement of the regulations of this section and
  other applicable provisions of law.
  `(f) REQUIREMENT OF MANUFACTURERS- For the purpose of requirements of this
  Act, manufacturers and private labelers are subject to the requirements
  of section 326 of this Act.
  `(g) ENFORCEMENT- After the date on which a manufacturer must provide a
  label for a product pursuant to subsection (e)--
  `(1) each product shall be considered, for purposes of  paragraphs (1)
  and (2) of section 332(a) of this Act a new  covered product to which a
  rule under section 324 of this  Act applies; and
  `(2) it shall be unlawful for any manufacturer or  private labeler to
  distribute in commerce any new product  manufactured after this date which
  is not in conformity with  the applicable energy conservation standard
  prescribed for  the product (or class thereof) under subsection (d). For
  purposes of section 333 of this Act, this paragraph shall be  considered
  to be a part of section 332 of this Act.
  `(h) ENERGY EFFICIENCY LABELING FOR COMMERCIAL OFFICE EQUIPMENT- (1)
  DEVELOPMENT OF PROGRAM- Not later than one year after the date of enactment
  of the National Energy Security Act of 1991, and after consulting with
  appropriate industry representatives, the Secretary shall provide financial
  and technical assistance to support the voluntary development of a national
  energy efficiency rating and labeling program including any necessary
  test procedures for commercial office equipment that is widely used and
  for which there is a potential for significant energy savings. The program
  shall set forth information and specifications that will enable purchasers
  of office equipment to make informed decisions about the energy efficiency
  and costs of alternative commercial office equipment.
  `(2) SECRETARIAL ACTION- If a national energy efficiency rating and
  labeling program consistent with the objectives of paragraph (1) is not
  voluntarily established within two years of the date of enactment of this
  Act, then the Secretary shall, after consulting with the National Institute
  of Standards and Technology, prescribe, within one year, test procedures
  for such commercial office equipment under section 323 of this Act.
  `(3) FEDERAL TRADE COMMISSION RULES- The Federal Trade Commission
  (hereinafter in this section, the `Commission') shall prescribe labeling
  rules under section 324 of this Act for commercial office equipment, except
  to the extent that the Commission determines that labeling in accordance
  with subsection (b) of this section is not technologically or economically
  feasible or is not likely to assist consumers in making purchasing decisions
  with respect to commercial office equipment (or class thereof).
  `(4) COVERED PRODUCTS- For purposes of sections 323 and 324 of this Act,
  commercial office equipment shall be considered covered products under
  section 322 of this Act unless excluded by the Commission pursuant to
  subsection (c).
  `(5) AUTHORIZATION- There is authorized to be appropriated to the Secretary
  such sums as are necessary to carry out the purposes of this section.
  `(i) STUDY OF UTILITY DISTRIBUTION TRANSFORMERS-
  `(1) Not later than eighteen months after the date of the enactment of
  the National Energy Security Act of 1991, the  Secretary shall evaluate
  the practicability and cost-effectiveness and potential energy savings of
  replacing or  upgrading existing utility distribution transformers during
  routine maintenance.
  `(2) The Secretary shall report the findings of his  evaluation to
  Congress with recommendations on how such  energy savings, if any, could
  be achieved.'.
SEC 6111. ENERGY EFFICIENCY OF SHOWERHEADS.
  (a) STATEMENT OF PURPOSE- Section 2 of EPCA (Public Law 94-163) is
  amended by--
  (1) striking `and' at the end of paragraph (6);
  (2) striking the period at the end of paragraph (7) and  inserting `;
  and'; and
  (3) adding at the end thereof the following new  paragraph:
  `(8) to conserve energy and water by improving the  water efficiency of
  showerheads.'.
  (b) DEFINITIONS- Section 321(a) of EPCA (Public Law 94-163), is amended
  by adding at the end thereof the following new paragraph:
  `(30) the term `total water use' means the quantity of  water directly
  used by a showerhead, determined in  accordance with test procedures under
  section 323.'.
  (c) COVERAGE- Section 322(a) of EPCA (Public Law 94-163), is amended by--
  (1) redesignating paragraph (14) as paragraph (15); and
  (2) inserting after paragraph (13) the following new  paragraph:
  `(14) Showerheads, except safety shower showerheads.'.
  (d) TEST PROCEDURES- Section 323(b)(3) of EPCA is amended by striking
  `or estimated annual operating cost' and inserting `estimated annual
  operating cost, or, in the case of showerheads, total water use, in
  accordance with applicable American National Standards Institute (ANSI)
  flow rate standards.'.
  (e) LABELING- Section 324 of EPCA (Public Law 94-163), is amended--
  (1) in subsection (a)(2) by adding at the end thereof  the following new
  subparagraph:
  `(C) The Commission shall prescribe labeling rules  under this section
  applicable to the covered product  specified in paragraph (14) of section
  322(a), requiring  that a label state whether the product meets the
  standards  under section 325(i), in accordance with American National
  Standards Institute (ANSI) marking and labeling  requirements.';
  (2) in subsection (a)(3) by striking `paragraph (14)'  and inserting
  `paragraph (15)';
  (3) in subsection (b)(1)(B) by striking `paragraph  (14)' and inserting
  `paragraph (15)';
  (4) in subsection (b)(3) by striking `paragraph (14)'  and inserting
  `paragraph (15)'; and
  (5) in subsection (b)(5) by striking `paragraph (14)'  and inserting
  `paragraph (15)'.
  (f) STANDARDS- Section 325 of EPCA (Public Law 94-163), is amended--
  (1) by redesignating subsections (i), (j), (k), (l), (m), (n), (o), (p),
  and (q) as subsections (j), (k), (l), (m), (n), (o), (p), (q), and (r),
  respectively; and
  (2) by inserting after subsection (h) the following new subsection:
  `(i) STANDARDS FOR SHOWERHEADS- (1) For a showerhead  manufactured on or
  after July 1, 1992, the standard shall be  one that ensures the maintenance
  of public health and  safety, allowing a maximum rate of water use of--
  `(A) 2.5 gallons per minute, when measured at a flowing  water pressure
  of 80 pounds per square inch; or
  `(B) if before March 1, 1992, the American National Standards Institute
  (ANSI) publishes an amended standard for  showerheads prescribing a maximum
  rate of water use that is  less than the rate prescribed by the ANSI standard
  in effect  on the date of enactment of the National Energy Security Act
  of 1991, the rate prescribed in the amended standard becomes effective.
  `(2)(A) If, after July 1, 1992, ANSI publishes an amended standard
  different from that in effect pursuant to paragraph (1), the Secretary,
  not later than 180 days after publication of the amended standard, shall
  publish a notice of the amended standard, and, subject to subparagraph
  (B), the amended standard shall be in effect for showerheads manufactured
  on or after the date that is 90 days after the date of the notice.
  `(B) The Secretary may not prescribe an amended standard that increases
  the maximum rate of water use of showerheads over the rate allowed by the
  standard established under paragraph (1), unless the Secretary determines
  that it is in the interest of public health and safety.
  (g) EFFECT ON OTHER LAW- Section 327 of EPCA (Public Law 94-163),
  is amended--
  (1) in subsection (c)--
  (A) by striking `or energy use of such covered product'  and inserting
  `energy use or total water use of the covered  product';
  (B) by striking `or' at the end of paragraph (2);
  (C) by striking the period at the end of paragraph (3)  and inserting `;
  or'; and
  (D) by adding at the end thereof the following new  paragraph:
  `(4) is a State, regional, or local regulation that establishes flow rate
  requirements for showerheads that was prescribed or enacted before June 15,
  1991.'; and
  (2) by adding at the end thereof the following new  subsection:
  `(h) LABELING OF SHOWERHEADS- No State, regional, or local regulation
  concerning the labeling of showerheads  shall be effective on or after the
  date that the Commission  prescribes a label for showerheads pursuant to
  section  324(a)(2)(C).'.
Subtitle B--Federal Energy Management
  SEC. 6201. FEDERAL ENERGY MANAGEMENT AMENDMENTS- Part 3 of title V of
  the National Energy Conservation Policy Act (NECPA) (Public Law 95-619),
  as amended, is further amended as follows:
  (a) In section 543--(1) Strike subsection (a) and insert the following
  new text in lieu thereof:
  `(a) ENERGY MANAGEMENT REQUIREMENT FOR FEDERAL BUILDINGS- (1) Not later
  than January 1, 2000, each  Federal agency shall, to the maximum extent
  practicable,  install in Federal buildings under the control of such  agency
  in the United States, all energy conservation  measures with payback periods
  of less than ten years as  calculated using the methods and procedures
  developed  pursuant to section 544. Within two years after the date of
  enactment of the National Energy Security Act of 1991, each  agency shall
  submit to the Secretary a list of projects  meeting the ten-year payback
  criterion, the energy that each  project will save and total energy and
  cost savings  involved.
  `(2) An agency may exclude from the requirements of paragraph (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 the requirements of paragraph (1) would
  be impracticable. 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, or the unique character
  of many facilities operated by the Departments of Defense and Energy. Each
  agency shall identify and list in each report made under section 548, the
  Federal buildings designated by it for such exclusion. The Secretary shall
  review such findings for consistency with the impracticability standards
  set forth herein, and may within 90 days after receipt of the findings,
  reverse a finding of impracticability, in which case the agency shall comply
  with the requirements of paragraph (1). This section shall not apply to
  an agency's facilities that generate or transmit electric energy, nor to
  the uranium enrichment facilities operated by the Department of Energy.';
  (2) In subsection (b):
  (A) after the words `subsection (a),' insert the following: `The Secretary
  of Energy shall consult with  the Secretary of Defense and the Administrator
  of  the General Services Administration in developing  guidelines for the
  implementation of this Part,  and';
  (B) strike the phrase `Federal Energy Management Improvement Act of 1988,'
  in paragraph (1) and insert in lieu thereof `National Energy Security Act
  of 1991, and submit to the Secretary of Energy';
  (C) after the words `high priority projects;' insert the following: `and such
  plan shall include steps to take maximum advantage of contracts authorized
  under title VIII of this Act (42 U.S.C. 8287 et seq.), financial incentives,
  and other services provided by utilities for efficiency investment and
  other forms of financing to reduce the direct costs to the government;';
  (D) at the end of paragraph (2), strike the semicolon and insert the
  following: `, and update such surveys periodically, but not less than
  every three years;';
  (E) replace paragraph (3) with the following new paragraph:
  `(3) using such surveys, determine the cost and payback period of energy
  conservation measures likely to achieve the goals of this section;'; and
  (F) insert a new paragraph (4) as follows, and renumber paragraph (4) as
  `(5)':
  `(4) install those energy conservation  measures that will attain the
  requirements of this  section in a cost-effective manner as defined in
  section 544, and'.
  (b) In section 544--
  (1) strike `National Bureau of Standards,' in subsection (a) and insert
  in lieu thereof `National Institute of Standards and Technology,'; and
  (2) strike all after the word `each', in paragraph (b)(2) and insert
  in lieu thereof: `agency shall, after January 1, 1994, fully  consider
  the energy efficiency of all potential building space at the time of
  renewing or entering into a new lease. Further, all government leased
  space constructed after January 1, 1994, shall meet model Federal energy
  conservation performance standards for new commercial buildings promulgated
  pursuant to Section 304 of the Energy Conservation and Production Act
  (Public Law 94-385).'.
  (c) In section 545 add after the word `measures' the following: `as needed
  to meet the requirements of section 543.'.
  (d) In section 546 strike subsection (b) and insert in lieu thereof the
  following:
  `(b) IMPLEMENTATION- To facilitate the financing of  energy conservation
  measures, each Federal agency shall  promote the use of contracts authorized
  by title VIII of  this Act (42 U.S.C. 8287 et seq.). The Secretary,
  in  consultation with the Secretary of Defense and the  Administrator of
  the General Services Administration, within  six months after the date of
  the enactment of the National  Energy Security Act of 1991, shall develop
  appropriate  procedures and methods for use by Federal agencies to select
  energy service contractors that will achieve the intent of  this section
  in a cost-effective manner. Notwithstanding  any other procurement laws
  and regulations, such procedures  and methods shall apply to the selection
  of energy service  contractors by each Federal agency.'.
  (e) In section 548--
  (1) strike the word `Each' in subsection (a) and insert  in lieu thereof
  the following: `In addition to the plan required to be submitted to the
  Secretary pursuant to section 543(b)(1), each';
  (2) insert the phrase `by April 2 of each year,' after  the word `annually'
  in subsection (b); and
  (3) insert the words `by each agency', after the words   `under this part'
  in subsection (b)(1).
  (f) At the end of part 3--add the following new sections:
  `SEC. 552. UTILITY INCENTIVE PROGRAMS- Federal agencies are permitted and
  encouraged to participate in  programs conducted by any gas or electric
  utility for the  management of energy demand or for energy conservation in
  Federally owned or leased facilities. Federal agencies may  accept incentives
  designed to encourage energy demand  management or energy conservation,
  generally available from  any such utility to its customers, to adopt
  technologies and  practices that are determined to be cost-effective.
  `SEC. 553. SHARED ENERGY SAVINGS- (a) The Secretary  shall develop a
  simplified method of contracting for shared  energy savings contract
  services that will accelerate the  use of these contracts and will reduce
  the administrative  effort and cost on the part of the government as well
  as the  private customers.
  `(b)(1) In carrying out subsection (a), the Secretary  may:
  `(A) request statements of qualifications, including financial and
  performance information, from firms engaged in providing shared energy
  savings contracting;
  `(B) designate from the statements received, with an update at least
  annually, those firms that are presumptively qualified to provide shared
  energy savings services;
  `(C) select at least three firms from the qualifying list to conduct
  discussions concerning a particular proposed project, including requesting
  a technical and price proposal from such selected firms for such project; and
  `(D) select from such firms the most qualified firm to provide shared energy
  savings services pursuant to a contractual arrangement that the Secretary
  determines is fair and reasonable, taking into account the estimated value
  of the services to be rendered and the scope and nature of the project.
  `(2) In carrying out subsection (a), the Secretary may  also provide for
  the direct negotiation by departments,  agencies, and instrumentalities, of
  contracts with shared  energy savings contractors that have been selected
  competitively and approved by any gas or electric utility  serving the
  department, agency, or instrumentality  concerned.
  `SEC. 554. FEDERAL PRODUCT SCHEDULE- Not later than  two years after the date
  of enactment of the National Energy  Security Act of 1991, the Administrator
  of the General  Services Administration, in consultation with the Secretary,
  shall conduct an analysis of significant energy consuming  products in the
  Federal product schedule and develop and  implement a method to identify
  those products which offer  cost-effective opportunities to reduce energy
  consumption  and costs. The Administrator shall also issue guidelines
  for users of the Federal Product Schedule to encourage the  purchase of
  identified energy efficient models.
  `SEC. 555. PURCHASE OF FEDERAL VEHICLES- The  Administrator of the General
  Services Administration,  through the Automotive Commodity Center, in
  evaluating and  accepting bids for the purchase of passenger vehicles
  and  light trucks to meet specified requirements, shall consider  the fuel
  efficiency of the passenger vehicles and light  trucks offered in the bid,
  and the probable fuel and cost  savings to the Federal Government over the
  expected term of  Federal use of such passenger vehicles and light trucks.
  `SEC. 556. FEDERAL ENERGY EFFICIENCY PROJECTS FUNDING- (a) IN GENERAL- Not
  later than one year after  the date of enactment of the National Energy
  Security Act of  1991, the Secretary shall establish guidelines for the
  transfer of up to $1,000,000 per project to encourage any  Federal agency
  to undertake energy efficiency projects in  Federally owned facilities.
  `(b) PROJECT SELECTION- The Secretary shall  establish procedures for the
  receipt of proposals under this  section. The Secretary shall consider
  the following factors  in determining whether to provide funding under
  subsection  (a):
  `(1) the cost-effectiveness of the project;
  `(2) the proportion of energy and cost savings anticipated to the Federal
  Government;
  `(3) the amount of funding committed to the project by the agency requesting
  financial assistance;
  `(4) the extent that a proposal leverages financing from other non-Federal
  sources; and
  `(5) any other factor which the Secretary determines will result in the
  greatest amount of energy and cost savings to the Federal Government.
  `(c) REPORTS- The Secretary shall report annually to  Congress, in
  the supporting documents accompanying the  President's budget, on the
  activities under this section.   The report shall include the projects
  funded and the  projected energy and cost savings from installed measures.
  `(d) AUTHORIZATION- For purposes of this subsection,  there is authorized
  to be appropriated, and to remain  available until expended, not more
  than $50,000,000.
  `SEC. 557. FINANCIAL INCENTIVE PROGRAM FOR FACILITY ENERGY MANAGERS- (1)
  The Secretary shall establish a financial bonus program, not to exceed
  $5,000 per award, to reward facility energy managers for outstanding energy
  savings in Federal agencies.
  `(2) Not later than June 1, 1992, the Secretary shall issue procedures for
  the establishment of a bonus program, including the criteria to be used
  in selecting outstanding facility energy managers. Such criteria shall
  include, but not be limited to, evident success in generating utility
  incentives and shared energy saving contracts and, the amount of energy
  saved by conservation and energy efficiency projects.
  `(3) Each year the Secretary shall publish and disseminate to Federal
  agencies a report highlighting the achievements of bonus award winners.
  `(4) There is authorized to be appropriated to carry out this subsection
  not more than $250,000 for each of the fiscal years 1992, 1993, and 1994.'.
  (g) CONFORMING AMENDMENT- The National Energy Conservation Policy Act
  (Public Law 95-619) is further amended by adding in the Table of Contents
  at the end of title V, part 3, the following items:
`Sec. 552. Utility incentive programs.
`Sec. 553. Shared energy savings.
`Sec. 554. Federal product schedule.
`Sec. 555. Purchase of Federal vehicles.
`Sec. 556. Federal energy efficiency projects funding.
`Sec. 557. Financial incentive program for facility energy managers.'.
  SEC. 6202. PLAN REGARDING DEMONSTRATION OF NEW TECHNOLOGY- (a) PLAN-
  Within one year after the date of the enactment of this Act, the Secretary
  shall submit a plan to Congress for the demonstration in Federally owned
  facilities of energy efficiency and renewable energy technologies. The
  technologies shall be those technologies, as determined by the Secretary,
  that are ready for commercial demonstration. The plan shall include--
  (1) a listing of those technologies with specific  candidate sites for
  the demonstration;
  (2) the energy, environmental, cost savings or other   expected benefits;
  (3) a timetable for implementation; and
  (4) a process for evaluation of the performance of the  technologies.
  (b) UPDATE- The plan shall be updated every two years.
SEC. 6203. STUDY OF FEDERAL PURCHASING POWER.
  (a) 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.
  (b) REPORT- The Secretary shall report to Congress on the results of the
  study within two years of the date of the enactment of this Act.
  (c) AUTHORIZATION- There is authorized to be appropriated such sums as
  may be necessary to carry out the provisions of this section.
Subtitle C--Utilities
  SEC. 6301. ENCOURAGEMENT OF INVESTMENTS IN CONSERVATION AND ENERGY EFFICIENCY
  RESOURCES AND STUDY OF CERTAIN STATE RATEMAKING POLICIES- (a) AMENDMENT TO
  THE PUBLIC UTILITY REGULATORY POLICIES ACT- The Public Utility Regulatory
  Policies Act of 1978 (Public Law 95-617), as amended, is further amended
  by inserting the following new paragraph at the end of section 111:
  `(7) Encouragement of investments in conservation and energy efficiency
  resources-
  `(A) 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, taking into account 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 generating equipment.
  `(B)(i) The rates allowed to be charged by a State-regulated electric
  utility shall be such that the utility is encouraged to make investments and
  expenditures for all cost-effective improvements in the energy efficiency
  of power generation, transmission and distribution.
  `(ii) For purposes of meeting the standard provided in clause (i) of
  this subparagraph, each State regulatory authority shall consider the
  disincentives caused by existing ratemaking policies, as well as incentives
  that would encourage better maintenance, and investment in more efficient
  power generation, transmission and distribution technologies.
  `(C)(i) Each State regulatory authority shall require each electric
  utility for which it has ratemaking authority to employ a planning and
  selection process for new energy resources that evaluates the full range
  of alternatives, including new power supplies, energy conservation and
  efficiency, 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.
  `(ii) All plans or filings before a State regulatory authority to meet
  the requirements of clause (i) of this subparagraph 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.
  `(iii) For purposes of clause (i) of this subparagraph, the term `system
  cost' shall mean 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.
  `(D) For purposes of implementing the provisions of this paragraph, any
  reference contained in this title 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 the National Energy Security Act of 1991.'.
  (b) REPORT- Not later than two years after the date of enactment of this
  Act, the Secretary shall submit 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  require or permit rates charged by an
  electric utility to  reflect least-cost planning;
  (2) an evaluation by the Secretary of whether, and to  what extent,
  least-cost 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) an evaluation by the Secretary of whether, and to  what extent,
  ratemaking methodologies implementing least-cost planning adequately take
  into account the impact of  such measures on electric utilities' costs,
  operations, and  rate of return on investment.
  (c) DEFINITION- For purposes of subsection (b), the term `least-cost
  planning' means any standard, regulation, practice, or policy by which a
  State regulatory authority considers, or requires a State regulated electric
  utility to consider or implement, a plan for action (including, but not
  limited to, the construction of or purchase of electric energy from new
  generation facilities and investment in or expenditures for conservation,
  energy efficiency resources, or other demand-side management measures) to
  be taken by a State regulated electric utility for purposes of providing
  adequate and reliable service to its electric customers with the incurrence
  of lowest costs by such utility and its customers.
  SEC. 6302. CONSERVATION GRANTS TO STATE REGULATORY AUTHORITIES- (a)
  CONSERVATION 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 $500,000 per authority, for purposes
  of encouraging the consideration of conservation, energy efficiency
  resources and other demand side management measures as a mechanism for
  modifying future electricity demand.
  (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- 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--
  (1) to consider implementation of the ratemaking  standard established in
  section 111(d)(7) of the Public  Utility Regulatory Policies Act of 1978; and
  (2) to achieve the purposes of this section.
  (d) RECORDKEEPING- Each State regulatory authority that receives a grant
  under this section shall keep such records as the Secretary shall require.
  (e) RULES- The Secretary may prescribe such rules as may be necessary or
  appropriate for carrying out the provisions of this section.
  (f) DEFINITIONS- For purposes of this section, the term `State regulatory
  authority' shall have the same meaning as defined in section 3 of the
  Public Utility Regulatory Policies Act of 1978.
  (g) AUTHORIZATION- There is authorized to be appropriated $5,000,000 for
  each of the fiscal years 1992, 1993, and 1994 to carry out the purposes
  of this section.
  SEC. 6303. INTEGRATED RESOURCE PLANNING BY CUSTOMERS OF POWER  MARKETING
  ADMINISTRATIONS- (a) IN GENERAL- Within six months after the date of
  enactment of this Act, the Southwestern Power Administration and the
  Southeastern Power Administration (hereinafter PMAs) shall each initiate
  a proceeding for purposes of considering the adoption of a requirement
  that each long-term firm power service contract entered into or amended
  subsequent to one year from the date of enactment of this Act between a
  nonregulated electric utility and such PMA contain an article requiring such
  utility to develop and implement to the extent practicable an integrated
  resource planning program. For purposes of this section--
  (1) A `long-term firm power service contract' shall mean any contract for
  the sale by a PMA of firm capacity, with or without energy, which is to
  be delivered over a period of more than one year;
  (2) The term `non-regulated electric utility' shall have the same meaning
  as provided in section 3(9) of the Public Utility Regulatory Policies Act
  of 1978. In the case of a contract between a PMA and a joint action agency
  or similar entity, the term shall include the entity's distribution or
  user members; and
  (3)(A) An `integrated resource planning program' shall be one under which
  a nonregulated utility engages in a planning and selection process for new
  energy resources that evaluates the full range of alternatives, including
  new power supplies, energy conservation and efficiency, 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, and shall treat
  demand and supply resources on a consistent and integrated basis.
  (B) For purposes of this paragraph, the term `system cost' shall mean 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.
  (b) CONSIDERATIONS- As part of a proceeding under subsection (a), each
  PMA shall consider a requirement that each contract article referred to
  in subsection (a) shall--
  (1) require the nonregulated electric utility to establish an integrated
  resource planning program with specific goals;
  (2) contain time schedules for meeting program goals and delineate actions
  to be taken in the event such goals are not met. Such actions may provide
  (A) for suspension of capacity and energy deliveries that would otherwise
  be supplied to the nonregulated electric utility under such contract,
  (B) for liquidated damages, and (C) for termination of such contract if
  compliance is not achieved within the period stated in such contract; and
  (3) provide for review and modification of such program by the nonregulated
  utility every three years.
  (c) PROCEDURES- A proceeding under subsection (a) shall be conducted in
  accordance with the rulemaking provisions of the Administrative Procedure
  Act (5 U.S.C. 553). Nothing in this section shall require a PMA to adopt
  either in whole or in part the requirements for contract articles described
  in subsections (a) and (b). To the extent that a PMA decides to adopt in
  whole or in part such requirements in a proceeding under subsection (a),
  it shall promulgate regulations implementing such requirements as part of
  the same proceeding.
  (d) DETERMINATIONS- If the Secretary determines that a PMA has conducted
  or is in the process of conducting, as of the date of enactment of this
  section, a proceeding that meets the requirements of this section, such PMA
  shall not be required to initiate a new proceeding, and the requirements
  of this section shall be deemed satisfied with respect to such PMA.
  (e) EXCEPTION- Nothing in this section shall authorize a PMA to require
  an article as described in subsection (b) of this section in a utility's
  long-term firm power services contract if any Federal agency requires such
  utility to prepare an integrated resource planning program.
  SEC. 6304. TENNESSEE VALLEY AUTHORITY INTEGRATED RESOURCE PLANNING AND
  IMPLEMENTATION- (a) IN GENERAL- In the exercise of its functions the
  Tennessee Valley Authority shall employ an integrated resource planning
  program.
  (b) DEFINITIONS- For the purposes of this section the term: (1) `integrated
  resource planning program' shall be a program under which the Tennessee
  Valley Authority engages in a planning and selection process for new
  energy resources that 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 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; and (2) `system cost'
  shall mean 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) ASSISTANCE TO DISTRIBUTORS- The Tennessee Valley Authority shall
  implement the provisions of this section in cooperation with its distributors
  and shall provide appropriate assistance to them. Such assistance may
  include publications, workshops, conferences, one-on-one 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 COMMENT- Prior to the selection and addition of major new energy
  resources on the TVA system, TVA shall provide the public an opportunity
  for review and comment in the selection process.
Subtitle E--State, Local Insular, and Tribal Energy Assistance
  SEC. 6501. INSULAR AREAS ENERGY ASSISTANCE PROGRAM- (a) FINANCIAL ASSISTANCE-
  (1) The Secretary, pursuant to the Federal Nonnuclear Energy Research and
  Development Policy Act of 1974 (Public Law 93-577), may grant financial
  assistance to Insular area governments or private sector persons working in
  cooperation with Insular area governments to carry out projects to evaluate
  the feasibility of, develop options for, and encourage the adoption of energy
  efficiency and renewable energy measures which reduce the dependency of the
  Insular areas on imported fuels and promote development in the Insular areas.
  (2) Any applicant for financial assistance under this section must evidence
  coordination and cooperation with, and support from, the affected local
  energy institutions.
  (3) In determining the amount of financial assistance to be provided for
  a proposed project, the Secretary shall consider--
  (A) whether the measure will reduce the relative  dependence of the Insular
  area on imported fuels;
  (B) the ease and costs of operation and maintenance of  any facilities
  contemplated as a part of the project;
  (C) whether the project will rely on the use of  conservation measures
  or indigenous, renewable energy  resources that were identified in the
  1982 Territorial  Energy Assessment or are identified by the Secretary as
  consistent with the purpose of this section;
  (D) whether the measure will contribute significantly  to development or
  the quality of the environment in the  Insular area; and
  (E) any other factors which the Secretary may determine  to be relevant
  to a particular project.
  (4) The Secretary shall require at least 20 per centum of the costs of any
  project under this section to be provided from non-Federal sources. Such
  cost sharing may be in the form of in-kind services, donated equipment,
  or any combination thereof.
  (b) DEFINITIONS- For the purpose of this section, the term--
  (1) `Insular area government' means American Samoa  government, Commonwealth
  of the Northern Mariana Islands,  Commonwealth of Puerto Rico, Federated
  States of Micronesia,  Government of Guam, Republic of the Marshall Islands,
  Republic of Palau, and United States Virgin Islands; and
  (2) `1982 Territorial Energy Assessment' means the  assessment prepared by
  the Department of Energy pursuant to  the Omnibus Territorial Act. (Public
  Law 96-597, as  amended).
  `SEC. 6502. STATE BUILDINGS ENERGY INCENTIVE FUND- Title III, part D, of the
  Energy Policy and Conservation Act (Public Law 94-163) is amended as follows:
  (a) Designate the existing text of subsection 365(f) as paragraph (1)
  and insert the following new paragraph (2):
  `(2) In addition to the amounts authorized to be appropriated under paragraph
  (1), there is authorized to be appropriated such sums as may be necessary,
  to remain available until expended, to carry out the purposes of section
  363(f).'; and
  (b) at the end of section 363 add the following new subsection (f):
  `(f) If the Secretary determines that a State has demonstrated a commitment
  to improving the energy efficiency of buildings within the State, then
  beginning in fiscal year 1993, the Secretary may allocate funds appropriated
  pursuant to section 365(f)(2) to provide up to $1,000,000 to such State for
  deposit into a state revolving fund designed to finance energy efficiency
  improvements in State and local government buildings in such State. In
  making this 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, have adopted
  building codes at least as stringent as the industry voluntary building
  energy code as defined under title III of this Act;
  `(2) such State has a program to finance energy efficiency improvement
  projects in State and local government facilities and buildings that
  includes a revolving fund to finance such projects; and
  `(3) such State has raised funding from non-Federal sources, including
  but not limited to, oil overcharge funds, State or local government
  appropriations, or utility contributions, sufficient to provide at least 75
  percent of the total funds provided for deposit into such revolving fund.'.
  SEC. 6503. PRIVATE SECTOR INVESTMENTS IN LOW INCOME WEATHERIZATION- Title
  IV of the Energy Conservation and Production Act (ECPA) (Public Law 94-385)
  is amended by adding the following new sections 414A and 414B:
  `SEC. 414A. PRIVATE SECTOR INVESTMENTS- (a) IN GENERAL- The Secretary
  shall provide financial  assistance to recipients of Federal financial
  assistance or  financial assistance from States pursuant to sections 413
  and 414 of this title to pay for the costs of the  development and the
  initial implementation of partnerships,  agreements or other arrangements
  with utilities, private  sector interests or other institutions, pursuant
  to which  financial assistance would be made available to make energy
  conservation improvements in low income housing. Financial  assistance
  provided by the Secretary under this section may  be used for the negotiation
  of partnerships, agreements and  other arrangements; the presentation of
  arguments before  State or local agencies; expert advice on the development
  of  partnerships, agreements and other arrangements; or other  activities
  reasonably associated with the development and  initial implementation of
  such arrangements.
  `(b) CONDITIONS- Financial assistance provided under  this section to
  institutions other than States shall, to the  extent practicable, coincide
  with the timing of awards such  institutions are receiving under sections 413
  or 414 of this  title. No less than 80 percent of the funds awarded under
  this section shall be provided to entities other than  states. Recipients
  of assistance under this section shall  have up to three years to carry
  out projects undertaken with  such assistance.
  `(c) AUTHORIZATION- There is authorized to be  appropriated such sums as
  may be necessary to carry out the  purposes of this section.
  `SEC. 414B. TECHNICAL TRANSFER GRANTS- (a) IN GENERAL- The Secretary may
  provide financial  assistance to recipients of Federal financial assistance
  or  financial assistance from States pursuant to sections 413  and 414 of
  this title for the purpose of: evaluating  technical and management measures
  which increase program  and/or private entity performance in weatherizing
  low income  housing; producing technical information for use by persons
  involved in weatherizing low income housing; exchanging  information;
  and conducting training programs for persons  involved in weatherizing
  low income housing. No less than  50 percent of the funds granted under
  this section shall be  provided to entities other than states. Recipients
  of  technical transfer grants may assign all or part of work  under the
  grants to non-profit entities.
  `(b) AUTHORIZATION- There is authorized to be  appropriated such sums as
  may be necessary to carry out the  purposes of this section.'.
  SEC. 6504. TRAINING OF BUILDING DESIGNERS AND CONTRACTORS- Section 362 of
  the Energy Policy and Conservation Act (Public Law 94-163) is amended by
  adding the following new paragraph at the end of subsection (d):
  `(15) programs to provide training and education to building designers
  and contractors involved in building design or in the sale, installation
  and maintenance of energy systems and equipment. Such programs shall
  (A) enlist appropriate trade and professional organizations in the
  development and financing of this program; and (B) shall also include
  training workshops, practice manuals, and testing for each area of energy
  efficiency technology. Designers and contractors who have successfully
  completed a training course operated pursuant to this section shall be
  presented a certificate of completion at the end of such course.'.
  SEC. 6505. ENERGY EDUCATION AND TEACHER TRAINING- Section 363 of the Energy
  Policy and Conservation Act (Public Law 94-163) is amended by adding the
  following new subsection:
  `(f) ENERGY EDUCATION GRANTS- (1) The Secretary shall  provide competitive
  grants to supplement state program  activities conducted pursuant to section
  362(d)(4) to  support projects designed to increase public awareness and
  understanding of energy issues, or to train educators to use  existing
  energy related information for teaching purposes.   The Federal contribution
  toward such projects may not exceed  75 percent of their total cost.
  `(2) There is authorized to be appropriated such sums as  may be necessary
  to implement the provisions of this  section.'.
  SEC. 6506. TRIBAL GOVERNMENT ENERGY ASSISTANCE PROGRAM- (a) FINANCIAL
  ASSISTANCE- The Secretary, pursuant to the Federal Nonnuclear Energy
  Research and Development Policy Act (Public Law 93-577), may grant financial
  assistance to tribal governments, or private sector persons working in
  cooperation with tribal governments, to carry out projects to evaluate the
  feasibility of, develop options for, and encourage the adoption of energy
  efficiency and renewable energy projects on tribal lands. Such grants may
  include the costs of technical assistance in resource assessment, feasibility
  analysis, technology transfer, and the resolution of other technical,
  financial or management issues identified by the applicants for such grants.
  (b) CONDITIONS- Any applicant for financial assistance under this section
  must evidence coordination and cooperation with, and support from, local
  educational institutions and the affected local energy institutions.
  (c) CONSIDERATIONS- In determining the amount of financial assistance to
  be provided for a proposed project, the Secretary shall consider--
  (1) the extent of involvement of local educational  institutions and local
  energy institutions;
  (2) the ease and costs of operation and maintenance of  any project
  contemplated as a part of the project;
  (3) whether the measure will contribute significantly  to development or
  the quality of the environment of the  affected tribal lands; and
  (4) any other factors which the Secretary may determine  to be relevant
  to a particular project.
  (d) COST-SHARE- The Secretary shall require at least 20 percent of the costs
  of any project under this section to be provided from non-Federal sources,
  unless the grant recipient is a for-profit private sector institution,
  in which case the Secretary shall require at least 50 percent of the costs
  of any project to be provided from non-Federal sources.
  (e) DEFINITION- For the purposes of this Section, the term `tribal
  government' shall include Native Alaskan governments.
  SEC. 6507. STATE ENERGY CONSERVATION PLAN REQUIREMENT- Section 362 (c)(5)
  of the Energy Policy and Conservation Act (Public Law 94-163) is amended
  by striking the semicolon and the word `and' and inserting in lieu thereof
  the following: `and to turn such vehicle left from a one-way street onto
  a  one-way street at a red stop light after stopping; and'.
Subtitle F--LIHEAP Options Pilot Program
  SEC. 6601. SHORT TITLE- This subtitle may be cited as the `Energy Options
  Study Act of 1991'.
  SEC. 6602. STUDY- (a) IN GENERAL- The Secretary, in consultation with the
  Secretary of Energy, shall conduct a study of the potential use of LIHEAP
  funds to purchase futures or options contracts for fuel through registered
  commodities brokers.
  (1) The study shall examine any potential advantages  of the use of such
  funds including--
  (A) protection for Federal, State and local government entities which
  provide low-income fuel assistance from unanticipated surges in the price
  of fuel for residential use;
  (B) more efficient use of such funds; and
  (C) more fuel assistance for low-income persons without an increase in
  Federal expenditures.
  (2) The study shall examine any potential   disadvantages of the use of
  such funds including reduction  in funds available for fuel assistance,
  and waste, fraud, or  abuse.
  (3) The study shall further examine--
  (A) the extent to which new authority would be needed for the use of
  such funds;
  (B) the extent to which the use of such funds would conflict with existing
  law governing the Federal budget;
  (C) the extent to which the use of futures and options on futures could
  provide effective protection for consumer cooperatives (or any organization
  whose purpose is to purchase fuel in bulk for residential use) from
  unanticipated surges in the price of fuel; and
  (D) how government entities and consumer cooperatives or other organizations
  referred to in subparagraph (C) of this section could be educated in the
  prudent use of futures and options on futures to maximize their purchasing
  effectiveness and protect themselves against unanticipated surges in the
  price of fuel for residential use.
  (b) REPORT- The Secretary, no later than 12 months after the date of
  enactment of this Act, shall transmit the study required in this section
  to the Committee on Labor and Human Resources of the United States Senate,
  the Committee on Energy and Natural Resources of the United States Senate,
  and the United States House of Representatives.
  SEC. 6603. AUTHORITY FOR PILOT PROGRAMS- (a) PILOT PROGRAM- The Secretary,
  in consultation with the Secretary of Energy, may conduct a pilot program
  in cooperation with one or more governmental or tribal recipients of funds
  in which the recipient uses futures and options on futures in its fuel
  assistance program with the advice of the Secretary.
  (b) EDUCATION- The Secretary, in consultation with the Secretary of Energy,
  may conduct a pilot program to educate governmental entities and consumer
  cooperatives or other organizations referred to in subparagraph (a)(3)(C)
  of section 6602 of this subtitle on the prudent and effective use of futures
  and options on futures to increase their protection against unanticipated
  surges in the price of fuel and thereby increase the efficiency of their
  fuel purchase or assistance programs.
  (c) AUTHORIZATION- There is authorized to be appropriated for fiscal
  years 1992, 1993, and 1994, such sums as may be necessary to carry out
  the purposes of this section.
  SEC. 6604. DEFINITIONS- For purposes of this subtitle the terms--(1)
  `Secretary' means the Secretary of Health and Human Services.
  (2) `LIHEAP funds' means funds appropriated under the Low-Income Energy
  Assistance Act of 1981 (Public Law 97-35; 42 U.S.C. 8621 et. seq.).
TITLE VIII--ADVANCED NUCLEAR REACTOR COMMERCIALIZATION
  SEC. 8101. SHORT TITLE- This title may be cited as the `Civilian Advanced
  Nuclear Reactor Commercialization Act of 1991.'.
  SEC. 8102. FINDINGS, PURPOSES, AND DEFINITIONS- (a) FINDINGS- Congress
  finds that--
  (1) energy generated from nuclear fission now supplants the burning of
  fossil fuels in an economical fashion and contributes substantially to
  safe and reliable supplies of electricity while reducing the rate and
  scope of environmental pollution and reducing dependence on foreign energy
  sources; and
  (2) it is in the national interest for the Federal Government to provide
  leadership in encouraging advanced nuclear reactor technologies so that
  such technologies may be adopted as needed.
  (b) PURPOSES- The purposes of this title are to--
  (1) require the Secretary to carry out the Department's civilian nuclear
  programs in a way that will lead toward commercialization of advanced
  nuclear reactor technologies; and
  (2) authorize such activities to ensure the timely availability of
  advanced nuclear reactor technologies, including technologies that utilize
  standardized designs or exhibit passive safety features.
  (c) DEFINITIONS- For purposes of this title, the term--
  (1) `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, passively-safe reactors,
  for the  generation of commercial electric power from nuclear  fission;
  (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) `Commission' means the Nuclear Regulatory Commission;
  (3) `Department' means the Department of Energy;
  (4) `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
  (5) `certification' means approval by the Commission of a standardized
  design for a nuclear power plant.
  SEC. 8103. PROGRAM, GOALS, AND PLAN- (a) PROGRAM- The Secretary shall carry
  out a comprehensive program in accordance with the provisions of this title
  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, including
  consideration of the impact on the rate and scope of global climate change;
  (2) utilize modular construction techniques;
  (3) facilitate design, licensing, construction, and operation of a nuclear
  power plant using a standardized design;
  (4) exhibit enhanced safety features; and
  (5) incorporate features that advance the objectives of the Nuclear
  Nonproliferation Act by discouraging diversion of fissile material for
  use in nuclear weapons.
  (b) GOALS- (1) The program authorized under subsection (a) shall be designed
  to accomplish the following goals--
  (A) completion of necessary research and development  and first-of-a-kind
  engineering on advanced light water  reactor technologies that will support
  commercialization of  these technologies by 1995;
  (B) development and submission for certification by the  Commission by
  1995 of completed standardized designs for  advanced light water reactor
  technologies that the Secretary  determines exhibit some or all of the
  characteristics set  forth in subsection (a);
  (C) completion of necessary research and development on  high-temperature
  gas-cooled reactor technology and liquid  metal reactor technology that
  will support selection in 1996  of one or both of these two technologies,
  as appropriate,  for prototype demonstration pursuant to section 8105; and
  (D) commercialization of advanced reactor technologies  capable of providing
  commercial electric power to a utility  grid as soon as practicable but
  no later than the year 2010.
  (2) The program authorized under subsection (a) shall be carried out to the
  maximum extent possible through cost-shared programs with the private sector.
  (c) PROGRAM PLAN- (1) Within ninety days after the date of enactment of
  this title, the Secretary shall prepare and submit to Congress a detailed
  five-year program plan to carry out the purposes of this title. The
  plan shall include schedule milestones, Federal funding requirements,
  and requirements for private sector cost-sharing necessary for meeting
  the goals of subsection (b).
  (2) In preparing the plan, the Secretary shall take into consideration--
  (A) the need for, and the potential for adoption in the future by electric
  utilities or other entities, of advanced nuclear reactor technologies
  that are available or under development for the generation of energy from
  nuclear fission;
  (B) how the Federal Government, acting through the Secretary, can be
  effective in ensuring the availability of these advanced nuclear reactor
  technologies when they may be needed;
  (C) how the Federal Government can work most effectively in cooperation
  with the private sector toward accomplishment of the goals laid out in
  subsection (b); and
  (D) potential alternative funding sources for carrying out the purposes
  of this title.
  (3) The plan under this section shall be updated annually, if necessary,
  to reflect any schedule slippage, funding shortfalls, or other circumstances
  that might impact the ability of the Secretary to fulfill the goals outlined
  in subsection (b).
  (4) In preparing the plan required under this section,  the Secretary shall
  offer members of the public an opportunity to provide information and comment
  and shall solicit the views of the Commission and other interested parties.
  SEC. 8104. 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 1995 as set forth
  in section 8103(b), the Secretary--
  (1) shall conduct a 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 calendar year 1995;
  (2) may enter into cooperative agreements with one or more private parties
  who agree to seek certification by the Commission of advanced light water
  reactor designs that further the purposes of section 8103(a); and
  (3) may support through cost-shared agreements the engineering and research
  and development necessary to achieve certification of advanced light water
  reactor designs that further the purposes of section 8103(a).
  (b) SECRETARY'S REPORT TO CONGRESS- The Secretary shall transmit to Congress
  with its annual budget request a report describing progress in implementing
  this section and plans for the current and subsequent fiscal years.
  (c) REPORT TO CONGRESS FROM THE COMMISSION- The Commission shall transmit
  to Congress with its annual budget request a report describing progress
  in the certification of standardized advanced light water reactor designs,
  plans for the current and subsequent fiscal years, and resource requirements
  necessary to comply with the schedules established by the Commission.
  SEC. 8105. PROTOTYPE DEMONSTRATION OF ADVANCED NUCLEAR REACTOR TECHNOLOGY-
  (a) SOLICITATION OF PROPOSALS- (1) Within three years after the date of
  enactment of this title, the Secretary shall solicit proposals to carry
  out the preliminary engineering design of one or more prototype advanced
  nuclear reactor technologies (other than an advanced light water reactor)
  necessary to support a decision on whether to recommend construction of a
  full-scale prototype demonstration utilizing such a technology to achieve
  the purposes of this title.
  (2) The engineering design proposals under paragraph (1) shall be for
  prototype advanced nuclear reactors that--
  (A) to the maximum extent practicable, exhibit the characteristics set
  forth in section 8103(a); and
  (B) are of sufficient size to address the requirements for certification by
  the Commission of a completed standardized design for an advanced nuclear
  reactor technology.
  (b) RECOMMENDATION- (1) No later than January 31, 1996, the Secretary shall
  make a recommendation to Congress on whether to build one or more full-scale
  prototype demonstration reactors utilizing advanced nuclear technology
  developed by the Department under the program authorized by this title.
  (2) Any recommendation to build a prototype demonstration reactor shall--
  (A) specify a preferred technology or technologies;
  (B) include detailed information on schedule milestones for licensing,
  construction, and operation; and
  (C) estimate the funding requirements and specify the extent and nature
  of anticipated non-Federal support which shall be not less than 50 per
  centum of the costs of such demonstration.
  (3) As part of the recommendation required under this section, the Secretary
  shall also submit to Congress any recommended changes in Federal statute
  or regulations that would improve the prospects of successful and timely
  licensing of any prototype demonstration reactor.
  (c) SELECTION OF TECHNOLOGY- Any technology selected by the Secretary for
  recommendation for prototype demonstration shall to the maximum extent
  possible exhibit the characteristics set forth in section 8103(a).
  (d) OPPORTUNITY FOR PUBLIC COMMENT- In developing the recommendation
  required under this section, the Secretary shall offer members of the
  public an opportunity to provide information and comment and shall solicit
  the views of the Commission and other interested parties.
  (e) SOLICITATION OF PROPOSALS FOR DEMONSTRATION- At any time after one
  hundred and eighty-calendar days after submission of the recommendation
  to Congress required under subsection (b), the Secretary, subject to
  appropriations, may solicit proposals to implement the recommendation.
  SEC.  8106. AUTHORIZATION- There is authorized to be appropriated such sums
  as may be necessary for each of the fiscal years 1992, 1993, and 1994 to
  carry out the purposes of this title.
TITLE IX--NUCLEAR REACTOR LICENSING
  SEC. 9101. SHORT TITLE- This title may be cited as the `Nuclear Reactor
  Licensing Act of 1991.'.
  SEC. 9102. COMBINED LICENSES- Section 185 of the Atomic Energy Act of 1954
  (42 U.S.C. 2235) is amended by--
  (1) adding `and Operating Licenses' after `Permits' in  the catchline;
  (2) adding a subsection designator `a.' before `All';  and,
  (3) adding the following new subsection:
  `b. After holding a public hearing under section 189 a.(1)(A) of this Act,
  the Commission shall issue to the applicant a combined construction and
  operating license if the application contains sufficient information to
  support the issuance of a combined license and the Commission determines
  that there is reasonable assurance that the facility will be constructed and
  will operate in conformity with the license, the provisions of this Act,
  and the Commission's rules and regulations. The Commission shall identify
  within the combined license the inspections, tests, and analyses, including
  those applicable to emergency planning, that the licensee shall perform,
  and the acceptance criteria that, if met, are necessary and sufficient to
  provide reasonable assurance that the facility has been constructed and will
  be operated in conformity with the license, the provisions of this Act, and
  the Commission's rules and regulations. Following issuance of the combined
  license, the Commission shall ensure that the prescribed inspections,
  tests, and analyses are performed and, prior to operation of the facility,
  shall satisfy itself that the prescribed acceptance criteria are met.'.
  SEC. 9103. POST-CONSTRUCTION HEARINGS ON COMBINED LICENSES- Section 189
  a. (1) of the Atomic Energy Act of 1954 is amended by:
  (1) adding a subparagraph designator `(A)' before `In' and
  (2) adding the following new subparagraph:
  `(B)(i) Not less than one hundred and eighty days before the date scheduled
  for initial loading of fuel into a plant by a licensee that has been issued
  a combined construction permit and operating license under section 185 b.,
  the Commission shall publish in the Federal Register notice of intended
  operation. That notice shall provide that any person whose interest may
  be affected by operation of the plant, may within sixty days request the
  Commission to hold a hearing on whether the facility as constructed complies,
  or on completion will comply, with the acceptance criteria of the license.
  `(ii) A request for hearing under this subparagraph shall show, prima facie,
  that one or more of the acceptance criteria in the combined license have
  not been, or will not be met, and the specific operational consequences
  of nonconformance that would be contrary to providing reasonable assurance
  of adequate protection of the public health and safety.
  `(iii) After receiving a request for a hearing under this subparagraph,
  the Commission expeditiously shall either deny or grant the request. If
  a hearing is held, commencement of plant operation shall not be delayed
  pending a decision unless the Commission determines, after considering
  petitioners' prima facie showing and any answers thereto, that petitioners
  are likely to succeed on the merits and that there will not be reasonable
  assurance of adequate protection of the public health and safety.
  `(iv) A hearing under this subparagraph shall be informal, but parties
  shall be allowed to offer evidence, under oath or affirmation. Discovery
  and cross-examination of witnesses shall not be permitted, unless the
  Commission determines that discovery, cross-examination, or other procedure
  is necessary to the resolution of a substantial dispute of material fact.
  `(v) The Commission shall, to the maximum possible extent, render a
  decision on issues raised by the hearing request within one hundred
  and eighty days of the publication of the notice provided by clause (i)
  or the anticipated date for initial loading of fuel into the reactor,
  whichever is later. Commencement of operation under a combined license is
  not subject to subparagraph (A).'.
  SEC. 9104. RULEMAKING- The Nuclear Regulatory Commission shall propose
  regulations implementing this title within one year of the date of enactment
  of this Act.
  SEC. 9105. AMENDMENT OF A COMBINED LICENSE PENDING A HEARING- Section
  189 a. (2) of the Atomic Energy Act of 1954 is amended by inserting `or
  any amendment to a combined construction and operating license' after
  `any amendment to an operating license' each time it occurs.
  SEC. 9106. CONFORMING AMENDMENT- The table of contents of the Atomic
  Energy Act of 1954 is amended by amending the item relating to section
  185 to read as follows:
`Sec. 185. Construction Permits and Operating Licenses.'.
  SEC. 9107. EFFECT ON PENDING PROCEEDINGS- The provisions of this title apply
  to all proceedings involving a combined license for which an application
  was filed after May 8, 1991.
TITLE X--URANIUM
Subtitle A--Uranium Enrichment
  SEC. 10101. SHORT TITLE--This subtitle may be cited as the `Uranium
  Enrichment Act of 1991.'
  SEC. 10102. DELETION OF SECTION 161 V- Section 161 v. of the Atomic Energy
  Act of 1954, as amended, is deleted and the remaining subsections are
  relettered accordingly.
  SEC. 10103. REDIRECTION OF THE URANIUM ENRICHMENT ENTERPRISE OF THE UNITED
  STATES- The Atomic Energy Act of 1954, as amended (42 U.S.C. 2011-2296)
  is further amended by--
  (a) inserting at the commencement thereof after the words `ATOMIC ENERGY
  ACT OF 1954':
`TITLE I--ATOMIC ENERGY';
and
  (b) adding at the end thereof the following:
`TITLE II--UNITED STATES ENRICHMENT CORPORATION
`CHAPTER 21. FINDINGS
  `SEC. 1101. FINDINGS- The Congress of the United States finds that:
  `a. The enrichment of uranium is essential to the  national security and
  energy security of the United States.
  `b. A competitive, well-managed and efficient  enrichment enterprise
  provides important economic benefits  to the United States and contributes
  to a highly favorable  foreign trade balance.
  `c. A strong United States enrichment enterprise  promotes United States
  nonproliferation policies by  requiring accountability for United States
  enriched uranium.
  `d. The operation of uranium enrichment facilities must  meet high standards
  for environmental health and safety.
  `e. The operation and management of a uranium  enrichment enterprise
  requires a commercial business  orientation in order to engender customer
  support and  confidence, and customers, rather than the taxpayers at  large,
  should bear the costs of commercial uranium  enrichment services.
  `f. The optimal level of expenditures for the uranium  enrichment enterprise
  fluctuates and cannot be accurately  predicted or efficiently financed if
  subject to annual  authorization and appropriation.
  `g. Flexibility is essential to adapt business  operations to a competitive
  marketplace.
  `h. The events of the recent past, including the  emergence of foreign
  competition, have brought new and  unforeseen forces to bear upon the
  management and operation  of the Government's uranium enrichment enterprise.
  `i. The present operation of the uranium enrichment  enterprise must be
  changed so as to further the national  interest in the enterprise and
  respond to the competitive  demand placed upon it by market forces, while
  continuing to  meet the paramount objective of ensuring the Nation's common
  defense and security.
`CHAPTER 22. DEFINITIONS, ESTABLISHMENT OF CORPORATION AND PURPOSES
  `SEC. 1201. DEFINITIONS- For the purpose of this title:
  `a. The term `Secretary' means the Secretary of Energy.
  `b. The term `Department' means the Department of  Energy of the United
  States.
  `c. The term `Administrator' means the chief executive  officer of the
  United States Enrichment Corporation.
  `d. The term `Corporation' means the United States  Enrichment Corporation.
  `e. The term `Corporate Board' means the appointed  members of the official
  advisory panel appointed by the  President pursuant to section 1503 of
  this title.
  `f. The term `uranium enrichment' means the separation  of uranium of a
  given isotopic content into two components,  one having a higher percentage
  of a fissile isotope and one  having a lower percentage.
  `g. The term `remedial action' has the same meaning as  defined in section
  120(24) of the Comprehensive  Environmental Response, Compensation and
  Liability Act.
  `h. The term `decontamination and decommissioning'  means those activities
  undertaken to decontaminate and  decommission inactive facilities that
  have residual  radioactive or mixed radioactive and hazardous chemical
  contamination.
  `SEC. 1202. ESTABLISHMENT OF THE CORPORATION-
  `a. There is hereby created a body corporate to be  known as the `United
  States Enrichment Corporation'.
  `b. The Corporation shall--
  `(1) be established as a wholly owned Government  corporation subject to
  the Government Corporation Control  Act, as amended (31 U.S.C. 9101-9109),
  except as otherwise  provided herein; and
  `(2) be an agency and instrumentality of the United  States.
  `SEC. 1203. PURPOSES- The Corporation is created for the following purposes:
  `a. to acquire feed material for uranium enrichment,  enriched uranium,
  the Department's uranium previously set  aside for commercial purposes,
  and the Department's uranium  enrichment and related facilities;
  `b. to operate, and as required by business conditions,  to expand or
  construct facilities for uranium enrichment or  both;
  `c. to market and sell enriched uranium and uranium  enrichment and related
  services to--
  `(1) the Department for governmental purposes; and
  `(2) qualified domestic and foreign persons;
  `d. to conduct research and development as required to  meet corporate
  objectives for the purpose of identifying,  evaluating, improving and
  testing processes for uranium  enrichment;
  `e. to operate, as a commercial enterprise, on a  profitable and efficient
  basis; in order to maximize the  long-term economic value of the Corporation
  to the United  States Government including the payment of dividends to
  the  Treasury as a return on the United States Government  investment;
  `f. to conduct the business as a self-financing  corporation and eliminate
  the need for appropriations or  other sources of Government financing
  after enactment of  this title;
  `g. to maintain a reliable and economical domestic  source of enrichment
  services;
  `h. to conduct its activities in a manner consistent  with the health and
  safety of the public;
  `i. to continue to meet the paramount objectives of  ensuring the Nation's
  common defense and security (including  consideration of United States
  policies concerning  nonproliferation of atomic weapons and other nonpeaceful
  uses of atomic energy); and
  `j. to take all other lawful action in furtherance of  the foregoing
  purposes.
`CHAPTER 23. CORPORATE OFFICES
  `SEC. 1301. 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.
`CHAPTER 24. POWERS AND DUTIES OF THE CORPORATION
  `SEC. 1401. SPECIFIC CORPORATE POWERS AND DUTIES- The Corporation--
  `a. shall perform uranium enrichment or provide for uranium to be enriched
  by others at facilities of the Corporation;  contracts in existence as of
  the date of enactment of this title between the Department and persons under
  contract to perform uranium enrichment and related services at facilities
  of the Department shall continue in effect as if the Corporation, rather
  than the Department, had executed these contracts;
  `b. shall conduct, or provide for the conduct of, research and development
  activities related to the isotopic separation of uranium as the Corporation
  deems necessary or advisable for purposes of maintaining the Corporation
  as a continuing, commercial enterprise operating on a profitable and
  efficient basis;
  `c. may acquire or distribute enriched uranium, feed material for uranium
  enrichment or depleted uranium in transactions with--
  `(1) persons licensed under sections 53, 63, 103, or  104 of title I in
  accordance with the licenses held by such  persons;
  `(2) persons in accordance with, and within the period  of, an agreement
  for cooperation arranged pursuant to  section 123 of title I; or
  `(3) as otherwise authorized by law;
  `d. may--
  `(1) enter into contracts with persons licensed under  section 53, 63,
  103, or 104 of title I for such periods of  time as the Corporation may
  deem necessary or desirable, to  provide uranium or uranium enrichment
  and related services;  and
  `(2) 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 pursuant to section 123 of title I or
  as otherwise  authorized by law;
  `e. shall sell to the Department as provided in this title, and without
  regard to section 57 e. of title I or the provisions of section 1535 of
  title 31, United States Code, such amounts of uranium or uranium enrichment
  and related services as the Department may determine from time to time are
  required: (1) for the Department to carry out Presidential direction and
  authorizations pursuant to section 91 of title I; and (2) for the conduct
  of other Department programs;
  `f. may grant licenses, both exclusive and nonexclusive, for the use of
  patent and patent applications owned by the Corporation, and establish and
  collect charges, in the form of royalties or otherwise, for utilization of
  Corporation-owned facilities, equipment, patents, and technical information
  of a proprietary nature pertaining to the Corporation's activities.
  `SEC. 1402. GENERAL POWERS OF THE CORPORATION- In order to accomplish the
  purposes of this title, the Corporation--
  `a. shall have perpetual succession unless dissolved by Act of Congress;
  `b. may adopt, alter, and use a corporate seal, which shall be judicially
  noticed;
  `c. may sue and be sued in its corporate name and be represented by its
  own attorneys in all judicial and administrative proceedings;
  `d. may indemnify the Administrator, officers, attorneys, agents and
  employees of the Corporation for liabilities and expenses incurred in
  connection with their corporate activities;
  `e. may adopt, amend, and repeal bylaws, rules and regulations governing
  the manner in which its business may be conducted and the power granted
  to it by law may be exercised and enjoyed;
  `f. (1) may acquire, purchase, lease, and hold real and personal property
  including patents and proprietary data, as it deems necessary in the
  transaction of its business, and sell, lease, grant, and dispose of such
  real and personal property, as it deems necessary to effectuate the purposes
  of this title and without regard to the Federal Property and Administrative
  Services Act of 1949, as amended;
  `(2) Purchases, contracts for the construction, maintenance, or management
  and operation of facilities and contracts for supplies or services, except
  personal services, made by the Corporation shall be made after advertising,
  in such manner and at such times sufficiently in advance of opening bids,
  as the Corporation shall determine to be adequate to insure notice and an
  opportunity for competition; Provided, That advertising shall not be required
  when the Corporation determines that the making of any such purchase or
  contract without advertising is necessary in the interest of furthering the
  purposes of this title, or that advertising is not reasonably practicable;
  `g. with the consent of the agency or government concerned, may utilize
  or employ the services or personnel of any Federal Government agency, or
  any State or local government, or voluntary or uncompensated personnel to
  perform such functions on its behalf as may appear desirable;
  `h. may enter into and perform such contracts, leases, cooperative
  agreements, or other transactions as may be necessary in the conduct of
  its business and on such terms as it may deem appropriate, with any agency
  or instrumentality of the United States, or with any State, territory or
  possession, or with any political subdivision thereof, or with any person,
  firm, association, or corporation;
  `i. may determine the character of and the necessity for its obligations
  and expenditures and the manner in which they shall be incurred, allowed,
  and paid, subject to the provisions of this title and other provisions of
  law specifically applicable to whollyowned Government corporations;
  `j. notwithstanding any other provision of law, and without need for
  further appropriation, may use monies, unexpended appropriations, revenues
  and receipts from operations, amounts received from obligations issued and
  other assets of the Corporation in accordance with section 1505, without
  fiscal year limitation, for the payment of expenses and other obligations
  incurred by the Corporation in carrying out its functions under, and within
  the requirements of, this title; and shall not be subject to apportionment
  under the provisions of subchapter II of chapter 15 of title 31, United
  States Code.
  `k. may settle and adjust claims held by the Corporation against other
  persons or parties and claims by other persons or parties against the
  Corporation;
  `l. may exercise, in the name of the United States, the power of eminent
  domain for the furtherance of the official purposes of the Corporation;
  `m. shall have the priority of the United States with respect to the
  payment of debts out of bankrupt, insolvent, and decedents' estates;
  `n. may define appropriate information as `Government Commercial Information'
  and exempt such information from mandatory release pursuant to section
  552(b)(3) of title 5, United States Code, when it is determined by the
  Administrator that such information if publicly released would harm the
  Corporation's legitimate commercial interests or those of a third party;
  `o. may request, and the Administrator of General Services, when requested,
  shall furnish the Corporation such services as he is authorized to provide
  agencies of the United States;
  `p. may accept gifts or donations of services, or of property, real,
  personal, mixed, tangible or intangible, in aid of any purposes herein
  authorized; and
  `q. may execute, in accordance with its bylaws, rules and regulations, all
  instruments necessary and appropriate in the exercise of any of its powers.
  `r. shall pay any settlement or judgment entered against it from
  the Corporation's own funds and not from the Judgment Appropriation
  (31 U.S.C. 1304). The provisions of the Federal Tort Claims Act (28
  U.S.C. 1346(b) and 2671 et seq.) shall not apply to any claims arising
  from the activities of the Corporation after the effective date of this
  statute; Provided, That this subsection shall not apply to liability or
  claims arising from a nuclear incident, if such incident occurs prior to
  the licensing of the Corporation's existing Gaseous Diffusion Facilities
  under Section 1601 of this title.
  `SEC. 1403. CONTINUATION OF CONTRACTS, ORDERS, PROCEEDINGS AND REGULATIONS-
  `a. Except as provided elsewhere in this title, all contracts, agreements,
  and leases with the Department, and licenses, and privileges that have
  been afforded to the Department prior to the date of the enactment of this
  title and that relate to uranium enrichment, including all enrichment
  services contracts, power purchase contracts and the December 18, 1987
  Settlement Agreement with the Tennessee Valley Authority regarding payment
  of capacity charges under the Department's two power contracts with the
  Tennessee Valley Authority, shall continue in effect as if the Corporation
  had executed such contracts, agreements, or leases or had been afforded
  such licenses and privileges.
  `b. As related to the functions vested in the Corporation by this title, all
  orders, determinations, rules, regulations and privileges of the Department
  shall continue in effect and remain applicable to the Corporation until
  modified, terminated, superseded, set aside or revoked by the Corporation,
  by any court of competent jurisdiction, or by operation of law unless
  otherwise specifically provided in this title.
  `c. Except as provided in section 1404, the transfer of functions related
  to and vested in the Corporation by this title shall not affect proceedings
  judicial or otherwise, relating to such functions which are pending at the
  time this title takes effect, and such proceedings shall be continued with
  the Corporation, as appropriate.
  `SEC. 1404. LIABILITIES- Except as provided elsewhere in this title, all
  liabilities attributable to operation of the uranium enrichment enterprise
  prior to the date of the enactment of this title shall remain direct
  liabilities of the Government of the United States; with regard to any
  claim seeking to impose such liability, section 1403 shall not be applicable
  and the United States shall be represented by the Department of Justice.
`CHAPTER 25. ORGANIZATION, FINANCE AND MANAGEMENT
  `SEC. 1501. ADMINISTRATOR-
  `a. The management of the Corporation shall be vested in an Administrator
  who shall be appointed by the President, by and with the advice and consent
  of the Senate, without regard to political affiliation. The Administrator
  shall be a person who, by reason of professional background and experience
  is specially qualified to manage the Corporation; Provided, however, That
  upon enactment of this title, the President shall appoint an existing
  officer or employee of the United States to act as Administrator until
  the office is filled.
  `b. The Administrator--
  `(1) shall be the chief executive officer of the  Corporation and shall
  be responsible for the management and  direction of the Corporation. The
  Administrator shall  establish the offices, appoint the officers and
  employees of  the Corporation (including attorneys), and define their
  responsibilities and duties. The Administrator shall  appoint other officers
  and employees as may be required to  conduct the Corporation's business;
  `(2) shall serve a term of six years but may be  reappointed;
  `(3) shall, before taking office, take an oath to  faithfully discharge
  the duties thereof;
  `(4) shall have compensation determined by the  President based upon the
  recommendation of the Secretary and  the Corporate Board as provided
  in section 1503 d., except  that in the absence of such determination
  compensation shall  be set at Executive Level I, as prescribed in section
  5312  of title 5, United States Code;
  `(5) shall be a citizen of the United States;
  `(6) shall designate an officer of the Corporation who  shall be vested
  with the authority to act in the capacity of  the Administrator in the
  event of absence or incapacity; and
  `(7) may be removed from office only by the President  and only for neglect
  of duty or malfeasance in office. The  President shall communicate the
  reasons for any such removal  to both Houses of Congress at least thirty
  days prior to the  effective date of such removal.
  `c. (1) The Secretary shall exercise general supervision over the
  Administrator only with respect to the activities of the Corporation
  involving--
  `(A) the Nation's common defense and security; and
  `(B) health, safety and the environment.
  `(2) The Administrator shall be solely responsible for the exercise of all
  powers and responsibilities that are committed to the Administrator under
  this title and that are not reserved to the Secretary under paragraph (1),
  and, notwithstanding the provisions of section 9104(a)(4) of title 31,
  United States Code, including the setting of the appropriate amount of,
  and paying, any dividend under section 1506 c. and all other fiscal matters.
  `SEC. 1502. DELEGATION- The Administrator may delegate to other officers
  or employees powers and duties assigned to the Corporation in order to
  achieve the purposes of this title.
  `SEC. 1503. CORPORATE BOARD-
  `a. There is hereby established a Corporate Board appointed by the President
  which shall consist of five members, one of whom shall be designated as
  chairman. Members of the Corporate Board shall be individuals possessing high
  integrity, demonstrated accomplishment and broad experience in management and
  shall have strong backgrounds in science, engineering, business or finance.
  At least one member of the Corporate Board shall be, or previously have
  been, employed on a full-time basis in managing an electric utility.
  `b. (1) The specific responsibilities of the Corporate Board shall be to:
  `(A) review the Corporation's policies and performance  and advise the
  Administrator and the Secretary on these  matters; and
  `(B) advise the Administrator and the Secretary on any  other such matters
  concerning the Corporation as may be  referred to the Corporate Board.
  `(2) The Board shall have the right to recommend removal of the
  Administrator. In the event such recommendation is made, it shall be
  transmitted to the President by the Secretary, together with the Secretary's
  own recommendation on removal of the Administrator.
  `c. Members of the Board shall be provided access to all significant
  reports, memoranda, or other written communications generated or received
  by the Corporation. At the request of the Board, the Corporation shall
  make available to the Board all financial records, reports, files, papers
  and memoranda of, or in use by, the Corporation.
  `d. When appropriate, the Corporate Board may make recommendations to the
  Secretary concerning the compensation to be received by the Administrator
  and the ten officers of the Corporation who may receive compensation in
  excess of Executive Level II as provided in section 1504 b. The Secretary
  shall transmit such recommendations to the President together with the
  Secretary's own recommendations concerning compensation. In the event that
  less than three members of the Corporate Board are in office, recommendations
  concerning compensation may be made by the Secretary alone. The President
  shall have the power to enter into binding agreements concerning compensation
  to be received by the Administrator during his term of office and by the
  ten officers described in section 1504 b. during their term of employment,
  regardless of any recommendation received or not received under this title.
  `e. Except for initial appointments, members of the Corporate Board shall
  serve five-year terms. Each member of the Corporate Board shall be a citizen
  of the United States. No more than three members of the Board shall be
  members of any one political party. Of those first appointed, the chairman
  shall serve for the full five-year term; one member shall serve for a term
  of four years; one shall serve for a term of three years; one shall serve
  for a term of two years; and one shall serve for a term of one year.
  `f. Upon expiration of the initial term, each Corporate Board member
  appointed thereafter shall serve a term of five years. Upon the occurrence
  of a vacancy on the Board, the President shall appoint an individual to
  fill such vacancy for the remainder of the applicable term. Upon expiration
  of a term, a Board member may continue to serve up to a maximum of one
  year or until a successor shall have been appointed and assumed office,
  whichever occurs first.
  `g. The members of the Corporate Board in executing their duties shall
  be governed by the laws and regulations regarding conflicts of interest,
  but exempted from other provisions and authority prescribed by the Federal
  Advisory Committee Act, as amended (5 U.S.C. Appendix 2).
  `h. The Corporate 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. The Administrator or his representative shall attend all
  meetings of the Corporate Board.
  `i. The Corporation shall compensate members of the Corporate Board at a
  per diem rate equivalent to Executive Level III, as defined in section 5314
  of title 5, United States Code, in addition to reimbursement of reasonable
  expenses incurred when engaged in the performance of duties vested in the
  Corporate Board. Any Corporate Board member who is otherwise a Federal
  employee shall not be eligible for compensation above reimbursement for
  reasonable expenses incurred while attending official meetings of the
  Corporation.
  `j. (1) The Corporate Board shall report at least annually to
  the Administrator on the performance of the Corporation and the
  issues that, in the opinion of the Board, require the attention of the
  Administrator. Any such report shall include such recommendations as the
  Board finds appropriate. A copy of any report under this subsection shall
  be transmitted promptly to the President, the Secretary, the Committee on
  Energy and Natural Resources of the Senate, and the Speaker of the House
  of Representatives.
  `(2) Within ninety days after the receipt of any report under this subsection
  the Administrator shall respond in writing to such report and provide an
  analysis of such recommendations of the Board contained in the report. Such
  response shall include plans for implementation of each recommendation
  or a justification for not implementing such recommendation. A copy of
  any response under this subsection shall be transmitted promptly to the
  President, the Secretary, the Committee on Energy and Natural Resources
  of the Senate, and the Speaker of the House of Representatives.
  `SEC. 1504. Employees of the Corporation-
  `a. Officers and employees of the Corporation shall be officers and
  employees of the United States.
  `b. The Administrator shall appoint all officers, employees and agents of the
  Corporation as are deemed necessary to effect the provisions of this title
  without regard to any administratively imposed limits on personnel, and any
  such officer, employee or agent shall only be subject to the supervision
  of the Administrator. The Administrator shall fix all compensation in
  accordance with the comparable pay provisions of section 5301 of title 5,
  United States Code, with compensation levels not to exceed Executive Level
  II, as defined in section 5313 of title 5, United States Code: Provided, That
  the Administrator may, upon recommendation by the Secretary and the Corporate
  Board as provided in section 1503 d. and approval by the President, appoint
  up to ten officers whose compensation shall not exceed an amount which is
  20 per centum less than the compensation received by the Administrator,
  but not less than Executive Level II. The Administrator shall define the
  duties of all officers and employees and provide a system of organization
  inclusive of a personnel management system to fix responsibilities and
  promote efficiency. The Corporation shall assure 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 of the Corporation 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.
  `c. Any Federal employee hired before January 1, 1984, who transfers to the
  Corporation and who on the day before the date of transfer is subject to the
  Federal Civil Service Retirement System (5 U.S.C. chapter 83, subchapter
  III) shall remain within the coverage of such system unless he or she
  elects to be subject to the Federal Employees' Retirement System. For
  those employees remaining in the Federal Civil Service Retirement System,
  the Corporation shall withhold pay and shall pay into the Civil Service
  Retirement and Disability Fund the amounts specified in chapter 83 of title
  5, United States Code. Employment by the Corporation without a break in
  continuity of service shall be considered to be employment by the United
  States Government for purposes of subchapter III of chapter 83 of title 5,
  United States Code. Any employee of the Corporation who is not within the
  coverage of the Federal Civil Service Retirement System shall be subject
  to the Federal Employees' Retirement System (5 U.S.C. chapter 84). The
  Corporation shall withhold pay and make such payments as are required
  under that retirement system. Further:
  `(1) Any employee who transfers to the Corporation  under this section
  shall not be entitled to lump sum  payments for unused annual leave under
  section 5551 of title  5, United States Code, but shall be credited by
  the  Corporation with the unused annual leave at the time of  transfer.
  `(2) An employee who does not transfer to the  Corporation and who does not
  otherwise remain a Federal  employee shall be entitled to all the rights
  and benefits  available under Federal law for separated employees, except
  that severance pay shall not be payable to an employee who  does not accept
  an offer of employment from the Corporation  of work substantially similar
  to that performed by the  employee for the Department.
  `d. This section does not affect a right or remedy of an officer, employee,
  or applicant for employment under a law prohibiting discrimination in
  employment in the Government on the basis of race, color, religion, age,
  sex, national origin, political affiliation, marital status, or handicap
  conditions.
  `e. Officers and employees of the Corporation shall be covered by chapter
  73 of title 5, United States Code, relating to suitability, security
  and conduct.
  `f. Compensation, benefits, and other terms and conditions of employment
  in effect immediately prior to the effective date of this section, whether
  provided by statute or by rules and regulations of the Department or the
  executive branch of the Government of the United States shall continue
  to apply to officers and employees who transfer to the Corporation from
  other Federal employment until changed by the Corporation in accordance
  with the provisions of this title.
  `g. The provisions of sections 3323(a) and 8344 of title 5, United States
  Code, or any other law prohibiting or limiting the reemployment of retired
  officers or employees or the simultaneous receipt of compensation and
  retired pay or annuities, shall not apply to officers and employees of the
  Corporation who have retired from or ceased previous government service
  prior to April 28, 1987.
  `SEC. 1505. Transfer of Property to the Corporation-
  `a. The Secretary, as requested by the Administrator, is authorized
  and directed to transfer without charge to the Corporation all of the
  Department's right, title, or interest in and to, real or personal
  properties owned by the Department, or by the United States but under
  control or custody of the Department, which are related to and materially
  useful in the performance of the functions transferred by this title,
  including but not limited to the following--
  `(1) production facilities for uranium enrichment  inclusive of real estate,
  buildings and other improvements  at production sites and their related and
  supporting  equipment: Provided, That facilities, real estate,  improvements
  and equipment related to the Oak Ridge Gaseous  Diffusion plant in Oak Ridge,
  Tennessee, and to the gas  centrifuge enrichment program shall not transfer
  under this  paragraph except for diffusion cascades and related  equipment
  needed by the Corporation for replacement parts:  Provided further, That
  any enrichment facilities retained by  the Department shall not be used to
  enrich uranium in  competition with the Corporation. This paragraph shall
  not  prejudice consideration of any site as a candidate site for  future
  expansion or replacement of uranium enrichment  capacity;
  `(2) at such time subsequent to the year 2000 as the  Secretary determines
  that the Oak Ridge Gaseous Diffusion  Plant should be decommissioned
  or decontaminated, or both,  the Secretary shall convey without charge
  equipment and  facilities relating to the Oak Ridge Gaseous Diffusion
  Plant  not transferred in paragraph (1) to the Corporation;
  `(3) facilities, equipment, and materials for research  and development
  activities related to the isotopic  separation of uranium by the gaseous
  diffusion technology;
  `(4) the Department's stocks of preproduced enriched  uranium, but excluding
  stocks of highly enriched uranium:   Provided, That approximately two
  metric tons of the  Department's highly enriched uranium shall be loaned
  to the  Corporation as required for working inventory;
  `(5) the Department's stocks of feed materials for  uranium enrichment
  except for the quantities allocated to  the national defense activities
  of the Department as of the  date of enactment;
  `(A) the Department's stockpile of enrichment tails existing as of the
  date of enactment, shall remain with the Department; and
  `(B) stocks of feed materials which remain the property of the Department
  under paragraph (5) shall remain in place at the enrichment plant sites. The
  Corporation shall have access to and use of these feed materials provided
  such quantities as are used are replaced, or credit given, if use by the
  Department is subsequently needed.
  `(6) all other facilities, equipment, materials,  processes, patents,
  technical information of any kind,  contracts, agreements, and leases to
  the extent these items  concern the Corporation's functions and activities,
  except  those items required for programs and activities of the  Department
  and those items specifically excluded by this  subsection.
The transfer authorized by this section is not subject to the requirements
of section 120(h) of the Comprehensive Environmental Response, Compensation
and Liability Act.
  `b. The Secretary is authorized and directed to grant to the Corporation
  without charge the Department's rights and access to the Atomic Vapor Laser
  Isotope Separation, hereinafter referred to as `AVLIS', technology and to
  provide on a reimbursable basis and at the request of the Corporation,
  the necessary cooperation and support of the Department to assure the
  commercial development and deployment of AVLIS or other technologies in
  a manner consistent with the intent of this title.
  `c. The Secretary is authorized and directed to grant the Corporation
  without charge, to the extent necessary or appropriate for the conduct
  of the Corporation's activities, licenses to practice or have practiced
  any inventions or discoveries (whether patented or unpatented) together
  with the right to use or have used any processes and technical information
  owned or controlled by the Department.
  `d. The Secretary is directed, without need of further appropriation, to
  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.
  `e. The President is authorized to provide for the transfer to the
  Corporation of the use, possession, and control of such other real and
  personal property of the United States which is reasonably related to the
  functions performed by the Corporation.  Such transfers may be made by
  the President without charge as he may from time to time deem necessary
  and proper for achieving the purposes of this title.
  `f. Title to depleted uranium resulting from the enrichment services provided
  to the Department by the Corporation shall remain with the Department.
  `SEC. 1506. Capital Structure of the Corporation-
  `a. Upon commencement of operations of the Corporation, all liabilities
  then chargeable to unexpended balances of appropriations transferred under
  section 1505 shall become liabilities of the Corporation.
  `b. (1) The Corporation shall issue capital stock representing an equity
  investment equal to the book value of assets transferred to the Corporation,
  as reported in the Uranium Enrichment Annual Report for fiscal year 1987,
  modified to reflect continued depreciation and other usual changes that
  occur up to the date of transfer. The Secretary of the Treasury shall hold
  such stock for the United States: Provided, That all rights and duties
  pertaining to management of the Corporation shall remain vested in the
  Administrator as specified in section 1501.
  `(2) The capital stock of the Corporation shall not be sold, transferred,
  or conveyed by the United States unless such disposition is specifically
  authorized by Federal law enacted after enactment of this title.
  `c. The Corporation shall pay into miscellaneous receipts of the Treasury
  of the United States or such other fund as provided by law, dividends
  on the capital stock, out of earnings of the Corporation, as a return on
  the investment represented by such stock. The Corporation shall pay such
  dividends out of earnings, unless there is an overriding need to retain
  these funds in furtherance of other corporate functions including but not
  limited to research and development, capital investments and establishment
  of cash reserves.
  `d. The Corporation shall repay within a twenty-year period the amount
  of $364,000,000 into miscellaneous receipts of the Treasury of the United
  States, or such other fund as provided by law with interest on the unpaid
  balance from the date of enactment of this title at a rate equal to the
  average yield on twenty-year Government obligations as determined by the
  Secretary of the Treasury on the date of enactment of this title. The money
  required to be repaid under this subsection is hereinafter referred to as
  the `Initial Debt'.
  `e. Receipt by the United States of the stock issued by the Corporation
  (including all rights appurtenant thereto) together with repayment of the
  Initial Debt shall constitute the sole recovery by the United States of
  previously unrecovered costs that have been incurred by the United States
  for uranium enrichment activities prior to enactment of this title.
  `SEC. 1507. Borrowing-
  `a. (1) The Corporation is authorized to issue and sell bonds, notes, and
  other evidences of indebtedness (hereinafter collectively referred to as
  `bonds') in an amount not exceeding $2,500,000,000 outstanding at any one
  time to assist in financing its activities and to refund such bonds. The
  principal of and interest on said bonds shall be payable from revenues of
  the Corporation.
  `(2) Notwithstanding any other provision of law, the Corporation may
  pledge and use its revenues for payment of the principal of and interest
  on said bonds, for purchase or redemption thereof, and for other purposes
  incidental thereto, including creation of reserve funds and other funds
  which may be similarly pledged and used, to such extent and in such manner
  as it may deem necessary or desirable.
  `(3) Notwithstanding any other provision of law, the Corporation is
  authorized to enter into binding covenants with the holders of said
  bonds--and with the trustee, if any--under any indenture, resolution,
  or other agreement entered into in connection with the issuance thereof
  with respect to the establishment of reserve funds and other funds,
  stipulations concerning the subsequent issuance of bonds, and such other
  matters, not inconsistent with this title, as the Corporation may deem
  necessary or desirable to enhance the marketability of said bonds.
  `(4) Bonds issued by the Corporation hereunder shall not be obligations
  of, nor shall payments of the principal thereof or interest thereon be
  guaranteed by, the United States.
  `b. Bonds issued by the Corporation under this section shall be negotiable
  instruments unless otherwise specified therein, shall be in such forms and
  denominations, shall be sold at such times and in such amounts, shall mature
  at such time or times not more than thirty years from their respective
  dates, shall be sold at such prices, shall bear such rates of interest,
  may be redeemable before maturity at the option of the Corporation in
  such manner and at such times and redemption premiums, may be entitled
  to such priorities of claim on the Corporation's revenues with respect
  to principal and interest payments, and shall be subject to such other
  terms and conditions, as the Corporation may determine: Provided, That at
  least fifteen days before selling each issue of bonds hereunder (exclusive
  of any commitment shorter than one year) the Corporation shall advise
  the Secretary of the Treasury as to the amount, proposed date of sale,
  maturities, terms and conditions and expected rates of interest of the
  proposed issue in the fullest detail possible.  The Corporation shall not
  be subject to the provisions of section 9108 of title 31, United States
  Code. The Corporation shall be deemed part of an executive department
  or an independent establishment of the United States for purposes of the
  provisions of section 78c(c) of title 15, United States Code.
  `c. Bonds issued by the Corporation hereunder shall be lawful investments
  and may be accepted as security for all fiduciary, trust, and public funds,
  the investment or deposit of which shall be under the authority or control
  of any officer or agency of the United States. The Secretary of the Treasury
  or any other officer or agency having authority over or control of any such
  fiduciary, trust, or public funds, may at any time sell any of the bonds
  of the Corporation acquired by them under this section: Provided, That the
  Corporation shall not issue or sell any bonds to the Federal Financing Bank.
  `SEC. 1508. Pricing-
  `a. For purposes of maximizing the long-term economic value of the
  Corporation to the United States Government, the Corporation shall establish
  prices for its products, materials and services provided to customers other
  than the Department on a basis that will, over the long term, allow it
  to recover its costs for providing the products, materials and services;
  repay the Initial Debt; recover costs of decontamination, decommissioning
  and remedial action; and attain the normal business objectives of a
  profitmaking Corporation.
  `b. The Corporation shall establish prices for low assay enrichment services
  and other products, materials, and services provided the Department
  on a basis that will allow it to recover its costs on a yearly basis
  for providing such low assay enrichment services, products, materials
  and services, including depreciation and the cost of decontamination,
  decommissioning and remedial action, but excluding repayment of the
  Initial Debt and profit. In establishing such prices, the base charge paid
  by the Department in any given year shall not exceed the average base
  charge paid by customers other than the Department: Provided, however,
  That if the imposition of such average base charges as a limitation on
  the base charge paid by the Department in a given year does not permit
  the Corporation to fully recover its costs for providing such products,
  materials and services to the Department then, in subsequent years, the
  Corporation shall include such unrecovered costs in its prices charged
  the Department. Base charge shall mean the amount paid by a customer per
  separative work unit for low assay enrichment services during a given year
  (exclusive of any credits received under a voluntary overfeeding program),
  less the portion of such amount which represents the cost of decontamination
  and decommissioning and remedial action. The average base charge paid by
  customers other than the Department shall be determined by dividing the
  estimated total dollar amount of low assay enrichment services sales to
  customers other than the Department during a given year by the estimated
  amount of separative work units sold to customers other than the Department
  during that year. Adjustments between estimated and actual amounts shall
  be made upon receipt of actual sales data.
  `c. The Corporation shall establish prices to the Department for high assay
  enrichment services on a basis that will allow it to recover its costs,
  on a yearly basis, for providing the products, materials or services,
  including depreciation and the costs of decontamination, decommissioning,
  and remedial action concerning enrichment property, but excluding repayment
  of the Initial Debt and profit. If the Department does not request any
  enrichment services in a given year, the Department shall reimburse the
  Corporation for costs required to maintain the minimum level of operation
  of the high assay production facility.
  `d. (1) In accordance with the cost responsibilities defined in paragraphs
  (3) and (4), the Corporation shall recover from its customers in the prices
  and charges established in accordance with subsection a., amounts that
  will be sufficient to pay for the costs of decommissioning, decontamination
  and remedial action for the various property of the Corporation, including
  property transferred under section 1505 a. at any time. Such costs shall
  be based on the point in time that such decommissioning, decontamination
  and remedial action are to be undertaken and accomplished: Provided,
  That by the year 2000 the Corporation shall have recovered and deposited
  in the Uranium Enrichment Decontamination and Decommissioning Fund 50 per
  centum of the estimated total costs of decontamination and decommissioning
  of all property transferred or to be transferred to the Corporation under
  section 1505, including the Oak Ridge Gaseous Diffusion Plant.
  `(2) In order to meet the objective defined in paragraph (1), the
  Corporation shall periodically estimate the anticipated or actual costs
  of decommissioning and decontamination. Such estimates shall reflect any
  changes in assumptions or expectations relevant to meeting such objective,
  including, but not limited to, any changes in applicable environmental
  requirements. Such estimates shall be reviewed at least every two years.
  `(3) For purposes of enabling the Corporation to meet the objective
  defined in paragraph (1) with respect to the Oak Ridge Gaseous Diffusion
  Plant, the Secretary shall periodically estimate the anticipated
  costs of decontamination and decommissioning and the time at which such
  decontamination and decommissioning is to be accomplished. Such estimates
  shall reflect any changes in assumptions or expectations relevant to
  meeting such objective, including but not limited to, any changes in
  applicable environmental requirements. The Secretary shall review such
  estimates every two years and convey this information to the Corporation.
  `(4) With respect to property that has been used in the production of
  low-assay separative work,
  `(A) The costs of decommissioning, decontamination and  remedial action that
  shall be recoverable from customers  other than the Department in prices and
  charges shall be in  the same ratio to the total costs of decommissioning,
  decontamination and remedial action for the property in  question as the
  production of separative work over the life  of such property for commercial
  customers bears to the total  production of separative work over the life
  of such  property.
  `(B) All other costs of decommissioning,  decontamination and remedial
  action for such property shall  be recovered in prices and charges to
  the Department.
  `(5) With respect to property that has been used solely in the production of
  high-assay separative work, all costs of decommissioning, decontamination and
  remedial action shall be recovered in prices and charges to the Department.
  `SEC. 1509. AUDITS- In fiscal years during which an audit is not performed
  by the Comptroller General in accordance with the provisions of section
  9105 of title 31, United States Code, the financial transactions of the
  Corporation shall be audited by an independent firm or firms of nationally
  recognized certified public accountants who shall prepare such audits using
  standards appropriate for commercial corporate transactions. The fiscal
  year of the Corporation shall conform to the fiscal year of the United
  States. The General Accounting Office shall review such audits annually,
  and to the extent necessary, cause there to be a further examination of
  the Corporation using standards for commercial corporate transactions. Such
  audits shall be conducted at the place or places where the accounts of the
  Corporation are established and maintained. All books, financial records,
  reports, files, papers, memoranda, and other property of, or in use by,
  the Corporation shall be made available to the person or persons authorized
  to conduct audits in accordance with the provisions of this section.
  `SEC. 1510. Reports-
  `a. The Corporation shall prepare an annual report of its activities. 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; and
  `(3) copies of audit reports prepared in conformance with section 1509 of
  this title and the provisions of the Government Corporation Control Act,
  as amended.
  `b. A copy of the annual report shall be provided to the President, the
  Secretary, the Committee on Energy and Natural Resources of the Senate, and
  the appropriate committees of the House of Representatives. Such reports
  shall be completed not later than ninety days following the close of each
  fiscal year and shall accurately reflect the financial position of the
  Corporation at fiscal year end, inclusive of any impairment of capital or
  ability of the Corporation to comply with the provisions of this title.
  `SEC. 1511. Control of Information-
  `a. The term `Commission' shall be deemed to include the Corporation
  wherever such term appears in section 141 and subsections a. and b. of
  section 142 of title I.
  `b. No contracts or arrangements shall be made, nor any contract continued
  in effect, under section 1401, 1402, 1403, or 1404, unless the person with
  whom such contract or arrangement is made, or the contractor or prospective
  contractor, agrees in writing not to permit any individual to have access to
  Restricted Data, as defined in section 11 y. of title I, until the Office
  of Personnel Management shall have made an investigation and report to the
  Corporation on the character, associations, and loyalty of such individual,
  and the Corporation shall have determined that permitting such person to have
  access to restricted data will not endanger the common defense and security.
  `c. The restrictions detailed in subsections b., c., d., e., f., g., and
  h., of section 145 of title I shall be deemed to apply to the Corporation
  where they refer to the Commission or a majority of the members of the
  Commission, and to the Administrator where they refer to the General Manager.
  `d. The Administrator shall keep the appropriate congressional committees
  fully and currently informed with respect to all of the Corporation's
  activities. To the extent consistent with the other provisions of this
  section, the Corporation shall make available to any of such committees
  all books, financial records, reports, files, papers, memoranda, or other
  information possessed by the Corporation upon receiving a request for such
  information from the chairman of such committee.
  `e. Whenever the Corporation submits to the President, or the Office of
  Management and Budget, any budget, legislative recommendation, testimony,
  or comments on legislation, prepared for submission to the Congress, the
  Corporation shall concurrently transmit a copy thereof to the appropriate
  committees of Congress.
  `f. The Corporation shall have no power to control or restrict the
  dissemination of information other than as granted by this or any other law.
  `SEC. 1512. PATENTS AND INVENTIONS-
  `a. The term `Commission' shall be deemed to include the Corporation wherever
  such term appears in section 152 or 153 b.(1) of title I. The Corporation
  shall pay such royalty fees for patents licensed to it under section 153
  b.(1) of title I as are paid by the Department under that provision. Nothing
  in title I or this title shall affect the right of the Corporation to
  require that patents granted on inventions, that have been conceived or
  first reduced to practice during the course of research or operations of,
  or financed by the Corporation, be assigned to the Corporation.
  `b. The Department shall notify the Corporation of all reports heretofore
  or hereafter filed with it under subsection 151 c. of title I and all
  applications for patents heretofore or hereafter filed with the Commissioner
  of Patents of which the Department has notice under subsection 151 d. of
  title I or otherwise, whenever such reports or applications involve matters
  pertaining to the functions or responsibilities of the Corporation in
  accordance with this title. The Department shall make all such reports
  available to the Corporation, and the Commissioner of Patents shall
  provide the Corporation access to all such applications. All reports and
  applications to which access is so provided shall be kept in confidence
  by the Corporation, and no information concerning the same given without
  authority of the inventor or owner unless necessary to carry out the
  provisions of any Act of Congress.
  `c. The Corporation, without regard for any of the conditions specified
  in paragraph 153 c. (1), (2), (3), or (4) of title I, may at any time
  make application 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 such
  patent has not been declared to be affected with the public interest under
  subsection 153 b. (1) of title I and when use of such patent is within the
  Corporation's authority. Any such application shall constitute an application
  under subsection 153 c. of title I subject, except as specified above, to
  all the provisions of subsections 153 c., d., e., f., g., and h., of title I.
  `d. With respect to the Corporation's functions under this title, section
  158 of title I shall be deemed to include the Corporation within the phrase,
  `any other licensee' in the first sentence thereof and within the phrase
  `such licensee' in the second sentence thereof.
  `e. The Corporation shall not be liable directly or indirectly for any
  damages or financial responsibility under section 183 of title 35, United
  States Code with respect to secrecy orders imposed under section 181 of
  such title.
  `f. The Corporation shall not be liable or responsible for any payments
  made or awards under subsection 157 b. (3) of title I, or any settlements
  or judgments involving claims for alleged patent infringement except to
  the extent that any such awards, settlements or judgments are attributable
  to activities of the Corporation after the effective date of this title.
  `g. The Corporation shall keep currently informed as to matters affecting
  its rights and responsibilities under chapter 13 of title I as modified by
  this section and shall take all appropriate action to avail itself of such
  rights and satisfy such responsibilities. The Department in discharging
  its responsibilities under chapter 13 of title I shall exercise diligence
  in informing the Corporation of matters affecting the responsibilities and
  jurisdiction of the Corporation and seeking and following as appropriate
  the advice and recommendation of the Corporation in such matters.
`CHAPTER 26. LICENSING, TAXATION, AND MISCELLANEOUS PROVISIONS
  `SEC. 1601. Licensing-
  `a. Notwithstanding any other provision of law, with respect solely to
  facilities, equipment and materials for activities related to the isotopic
  separation of uranium by the gaseous diffusion technology at facilities
  in existence as of the date of enactment of this title, the Corporation
  and its contractors are hereby exempted from the licensing requirements
  and prohibitions of sections 57, 62, 81 and other provisions of title I,
  to the same extent as the Department and its contractors are exempt in
  regard to the Department's own functions and activities. Such exemption
  shall remain in effect unless and until the Corporation and its contractors
  receive all necessary licenses for such facilities, equipment and materials
  as are required under title I.
  `b. Within two years of the enactment of this title, the Commission shall
  promulgate regulations or issue other regulatory guidance under title I
  for the licensing of facilities described in subsection a. that employ
  the gaseous diffusion technology.
  `c. Within one year after the promulgation of regulations or the issuance
  of other regulatory guidance under subsection b., the Corporation and
  its contractors shall make necessary applications for and otherwise
  seek to obtain such licenses as will remove the exemption provided under
  subsection a. As part of its application, the Corporation shall submit
  an Environmental Impact Statement in accordance with the requirements of
  the National Environmental Policy Act. The Commission shall adopt this
  statement to the extent practicable under the National Environmental
  Policy Act. In preparing such statement, the Corporation, and in making
  any licensing decision, the Commission, shall not consider the need for
  such facilities, alternatives to such facilities, or the costs compared
  to the benefits of such facilities. The Commission shall act on licensing
  requests by the Corporation in a timely manner.
  `d. The Corporation shall not transfer or deliver any source, special
  nuclear or byproduct materials or production or utilization facilities,
  as defined in title I, to any person who is not properly qualified or
  licensed under the provisions of title I.
  `e. The Corporation shall be subject to the regulatory jurisdiction of the
  Commission and the Department of Transportation with respect to the packaging
  and transportation of source, special nuclear and byproduct materials.
  `SEC. 1602. EXEMPTION FROM TAXATION AND PAYMENTS IN LIEU OF TAXES-
  `a. In order to render financial assistance to those States and localities
  in which the facilities of the Corporation are located, the Corporation
  is authorized and directed beginning in fiscal year 1997 to make payments
  to state and local governments as provided in this section. Such payments
  shall be in lieu of any and all State and local taxes on the real and
  personal property, activities and income of the Corporation. All property
  of the Corporation, its activities, and income are expressly exempted
  from taxation in any manner or form by any State, county, or other local
  government entity. The activities of the Corporation for this purpose shall
  include the activities of organizations pursuant to cost-type contracts with
  the Corporation to manage, operate and maintain its facilities. The income
  of the Corporation shall include income received by such organizations
  for the account of the Corporation. The income of the Corporation shall
  not include income received by such organizations for their own accounts,
  and such income shall not be exempt from taxation.
  `b. Beginning in fiscal year 1997, 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 such
  determinations, the Corporation shall be guided by the following criteria:
  `(1) Amounts paid shall not exceed the tax payments  that would be made
  by a private industrial corporation  owning similar facilities and engaged
  in similar activities  at the same location: Provided, however, That there
  shall be  excluded any amount that would be payable as a tax on net income.
  `(2) 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.
  `(3) No amount shall be included to the extent that  any tax unfairly
  discriminates against the class of  taxpayers of which the Corporation
  would be a member if it  were a private industrial corporation, compared
  with other  taxpayers or classes of taxpayers.
  `(4) Following the commencement of payments in fiscal  year 1997, no
  payment made to any taxing authority for any  period shall be less than
  the payments which would have been  made to such 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 1505 and which  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 to the enactment of this title.
  `c. Payments shall be made by the Corporation at the time when payments of
  taxes by taxpayers to each taxing authority are due and payable: Provided,
  That no payment shall be made to the extent that the tax would apply to
  a period prior to fiscal year 1997.
  `d. The determination by the Corporation of the amounts due hereunder
  shall be final and conclusive.
  `SEC. 1603. MISCELLANEOUS APPLICABILITY OF TITLE I-
  `a. Any references to the term `Commission' or to the Department in sections
  105 b., 161 c., 161 k., 161 q., 165 a., 221 a., 229, 230 and 232 of title
  I shall be deemed to include the Corporation.
  `b. Section 188 of title I shall apply to licensed facilities of the
  Corporation. For purposes of applying such section to facilities of the
  Corporation:
  `(1) The term `Commission' shall be deemed to refer to  the Secretary;
  `(2) There shall be no requirement for payment of just  compensation to
  the Corporation, and receipts from operation  of the facility in question
  shall continue to accrue to the  benefit of the Corporation; and
  `(3) The Secretary shall have the discretion to  determine how and by whom
  the facility in question will be  operated.
  `SEC. 1604. COOPERATION WITH OTHER AGENCIES- The Corporation is empowered
  to use with their consent the available services, equipment, personnel, and
  facilities of other civilian or military agencies and instrumentalities
  of the Federal Government, on a reimbursable basis and on a similar
  basis to cooperate with such other agencies and instrumentalities 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. 1605. APPLICABILITY OF ANTITRUST LAWS-
  `a. The Corporation shall conduct its activities in a manner consistent
  with the policies expressed in the antitrust laws, except as required by
  the public interest.
  `b. As used in this subsection, the term `antitrust laws' means:
  `(1) The Act entitled: `An Act to protect trade and  commerce against
  unlawful restraints and monopolies,'  approved July 2, 1890 (15 U.S.C. 1-7),
  as amended;
  `(2) The Act entitled, `An Act to supplement existing  laws against unlawful
  restraints and monopolies, and for  other purposes,' approved October 15,
  1914 (15 U.S.C. 12-27), as amended;
  `(3) Sections 73 and 74 of the Act entitled, `An Act  to reduce taxation,
  to provide revenue for the Government,  and for other purposes,' approved
  August 27, 1894 (15 U.S.C.  8-9), as amended; and
  `(4) The Act of June 19, 1936, chapter 592 (15 U.S.C.  13, 13a, 13b,
  and 21a).
  `SEC. 1606. NUCLEAR HAZARD INDEMNIFICATION- The Administrator shall have
  the same authority to indemnify the contractors of the Corporation as
  the Secretary has to indemnify contractors under section 170 d. of title
  I. Except that with respect to any licenses issued to the Corporation
  by the Commission, the Commission shall treat the Corporation and its
  contractors as its licensees for the purposes of Section 170 of this Act.
  `SEC. 1607. INTENT- It is hereby declared to be the intent of this title to
  aid the Corporation in discharging its responsibilities under this title
  by providing it with adequate authority and administrative flexibility to
  assure the maximum achievement of the purposes hereof as provided herein,
  and this title shall be construed liberally to effectuate such intent.
  `SEC. 1608. REPORT-
  `a. Three years after enactment of this title, the Administrator shall submit
  to the President and to Congress an interim report setting forth the views
  and recommendations of the Administrator regarding transfer of the functions,
  powers, duties, and assets of the Corporation to private ownership. Five
  years after enactment of this title, the Administrator shall submit to
  the President and the Congress a final report setting forth the views and
  recommendations of the Administrator regarding transfer of the functions,
  powers, duties, and assets of the Corporation to private ownership. If the
  Administrator, in the final report, recommends such transfers, the report
  shall include a plan for implementation of the transfers.
  `b. Within one hundred and eighty days after receipt of the final
  report under subsection a., the President shall transmit to Congress his
  recommendations regarding the report, including a plan for implementation
  of any transfers recommended by the President and any recommendations for
  legislation necessary to effectuate such transfers.
`CHAPTER 27. DECONTAMINATION AND DECOMMISSIONING
  `SEC. 1701. ESTABLISHMENT-
  `a. ESTABLISHMENT OF FUND- (1) There is hereby established in the Treasury of
  the United States an account of the Corporation to be known as the Uranium
  Enrichment Decontamination and Decommissioning Fund (hereinafter referred
  to in this chapter as the `Fund'). In accordance with section 1402 j.,
  such account and any funds deposited therein, shall be available to the
  Corporation for the exclusive purpose of carrying out the purposes of
  this chapter.
  `(2) The Fund shall consist of:
  `(A) Amounts paid into it by the Corporation in accordance with section
  1702; and
  `(B) Any interest earned under subsection b.(2).
  `b. ADMINISTRATION OF FUND- (1) The Secretary of the Treasury shall hold
  the Fund and, after consultation with the Corporation, annually report to
  the Congress on the financial condition and operations of the Fund during
  the preceding fiscal year.
  `(2) At the direction of the Corporation, the  Secretary of the Treasury
  shall invest amounts contained  within such Fund in obligations of the
  United States:
  `(A) Having maturities determined by the Secretary of the Treasury to be
  appropriate to the needs of the Fund, as determined by the Corporation; 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 such obligations.
  `(3) At the request of the Corporation, the Secretary  of the Treasury
  shall sell such obligations and credit the  proceeds to the Fund.
  `SEC. 1702. DEPOSITS- Within sixty days of the end of each fiscal year,
  the Corporation shall make a payment into the Fund in an amount equal to the
  costs of decontamination and decommissioning that have been recovered during
  such fiscal year by the Corporation in its prices and charges established
  in accordance with section 1508 for products, materials, and services.
  `SEC. 1703. PERFORMANCE AND DISBURSEMENTS-
  `a. When the Corporation determines that particular property should be
  decommissioned or decontaminated, or both, or with respect to the Oak
  Ridge Gaseous Diffusion Plant at such time as the plant is conveyed to
  the Corporation, the Corporation shall enter into a contract for the
  performance of such decommissioning and decontamination.
  `b. The Corporation shall pay for the costs of such decommissioning and
  decontamination out of amounts contained within the Fund.'.
  SEC. 10104. TREATMENT OF THE CORPORATION AS BEING PRIVATELY OWNED FOR
  PURPOSES OF THE APPLICABILITY OF ENVIRONMENTAL AND OCCUPATIONAL SAFETY
  LAWS- The United States Enrichment Corporation shall be subject to Federal,
  State and local environmental laws and the Occupational Safety and Health
  Act (29 U.S.C. 651-678) to the same extent as is the Department of Energy
  as of the date of enactment. After four years from the date of enactment
  of this subtitle, the United States Enrichment Corporation shall become
  subject to such laws to the same extent as a privately-owned corporation,
  unless the President determines that additional time is necessary to achieve
  the purposes of title II of the Atomic Energy Act of 1954, as amended.
  SEC. 10105. MISCELLANEOUS PROVISIONS- (a) AMENDMENT OF GOVERNMENT
  CORPORATIONS CONTROL ACT- Section 9101(3) of title 31, United States Code
  (relating to the definition of `wholly-owned Government corporation') is
  amended by adding at the end the following: `(N) United States Enrichment
  Corporation.'.
  (b) OWNERSHIP OF ENRICHMENT PLANTS- In subsection 41 a. of the Atomic
  Energy Act of 1954, as amended, the word `or' appearing before the numeral
  `(2)' is deleted, a semicolon is substituted for a period at the end of
  the subsection and the following new paragraph is added: `or (3) are owned
  by the United States Enrichment Corporation.'.
  (c) TERMINATION OF AUTHORITY OF THE DEPARTMENT OF ENERGY- In subsection
  53 c. (1) of the Atomic Energy Act of 1954, as amended, the word `or' is
  inserted before the word `grant' and the phrase `or through the provision
  of production or enrichment services' is deleted in both places where it
  appears in such subsection.
  (d) EXEMPTION FROM DEFENSE NUCLEAR FACILITIES SAFETY BOARD OVERSIGHT- The
  Atomic Energy Act of 1954, as amended, is further amended in section 318(1)
  by striking the period after `activities' and by adding the following:
  `(D) any facility owned by the United States Enrichment Corporation.'.
  (e) EXEMPTION FROM GRAMM-RUDMAN-HOLLINGS ACT- Subsection 905(g)(1) of Title
  2, United States Code, is amended to include `United States Enrichment
  Corporation' at the end thereof.
  (f) REPEAL OF PROHIBITION ON CONSIDERATION OF PRIVATIZATION- Section 306
  of title III of the Energy and Water Development Appropriations Act, 1988,
  Public Law 100-202, is repealed.
  SEC. 10106. LIMITATION ON EXPENDITURES- For fiscal year 1991, total
  expenditures of the United States Enrichment Corporation shall not exceed
  total receipts.
  SEC. 10107. SEVERABILITY- If any provision of this subtitle, or the
  application of any provision to any entity, person or circumstance, shall for
  any reason be adjudged by a court of component jurisdiction to be invalid,
  the remainder of this title, or the application of the same shall not be
  thereby affected.
  SEC. 10108. EFFECTIVE DATE- Except as otherwise provided, all provisions of
  this subtitle shall take effect on the day following the end of the first
  full fiscal year quarter following the enactment of this title; Provided,
  however, That the Administrator or Acting Administrator of the United
  States Enrichment Corporation may immediately exercise the management
  responsibilities and powers of subsection 1501 a. of the Atomic Energy
  Act of 1954, as amended by this title.
  SEC. 10109. PAYMENT OF COST OF TRANSFER- (a) PAYMENT SUBJECT TO
  APPROPRIATION- Notwithstanding section 1401 j. of the Atomic Energy Act of
  1954 as amended by section 10103 of this title, any expense incurred by the
  Secretary or the Corporation in the course of setting up the Corporation
  or transferring the property or assets of the Department to the Corporation
  shall be subject to appropriation.
  (b) AUTHORIZATION- There are authorized to be appropriated such sums
  as may be necessary to pay the costs of setting up the Corporation and
  transferring the property and assets of the Department to the Corporation
  under this title.
Subtitle B--Uranium
PART 1--Short Title, Findinds and Purpose, Definitions
  SEC. 10211. SHORT TITLE- This subtitle may be cited as the `Uranium Security
  and Tailings Reclamation Act of 1991.'
  SEC. 10212. FINDINGS AND PURPOSE- (a) FINDINGS- The Congress finds for
  purposes of this subtitle that--
  (1) the United States uranium industry has long been  recognized as vital
  to United States energy independence and  as essential to United States
  national security, but has  suffered a drastic economic setback, including
  a 90 per  centum reduction in employment, closure of almost all mines  and
  mills, more than a 75 percent drop in production, and a  permanent loss
  of uranium reserves;
  (2) during the remainder of this century approximately  20 per centum of
  United States electricity is expected to be  produced from uranium fueled
  powerplants owned by domestic  electric utilities;
  (3) the United States has been the leading uranium  producing Nation
  and holds extensive proven reserves of  natural uranium that offer the
  potential for secure sources  of future supply;
  (4) a variety of economic factors, policies of foreign  governments,
  foreign export practices, the discovery and  development of low cost
  foreign reserves, new Federal  regulatory requirements, and cancellation
  of nuclear  powerplants have caused most United States producers to  close
  or suspend operations over the past six years and have  resulted in the
  domestic uranium industry being found `not  viable' by the Secretary under
  provisions of the Atomic  Energy Act of 1954, as amended;
  (5) providing assistance to the domestic uranium  industry is essential to--
  (A) preclude an undue threat from foreign supply disruptions that could
  hinder the Nation's common defense and security,
  (B) assure an adequate long-term supply of domestic uranium for the
  Nation's nuclear power program to preclude an undue threat from foreign
  supply disruptions or price controls, and
  (C) aid in the Nation's balance-of-trade payments through foreign sales;
  (6) the Uranium Mill Tailings Radiation Control Act of  1978 (42
  U.S.C. 7901-7942)--
  (A) was enacted to provide for the reclamation and regulation of uranium
  and thorium mill tailings; and
  (B) did not provide for a Federal contribution for the reclamation of
  tailings at uranium and thorium processing sites which were generated
  pursuant to Federal defense contracts;
  (7) the owners or licensees of active uranium and  thorium sites and the
  Federal Government have each  benefitted from uranium and thorium produced
  at the active  sites, and it is equitable that they share in the costs of
  reclamation, decommissioning and other remedial actions at  the commingled
  sites; and,
  (8) the creation of an assured system of financing will  greatly facilitate
  and expedite reclamation and remedial  actions at active uranium and
  thorium processing sites.
  (b) PURPOSE- It is the purpose of parts 2 and 3 of this subtitle to--
  (1) ensure an adequate long-term supply of domestic  uranium for the Nation's
  common defense and security and for  the Nation's nuclear power program;
  (2) provide assistance to the domestic uranium  industry; and
  (3) establish, facilitate, and expedite a comprehensive  system for
  financing reclamation and other remedial action  at active uranium and
  thorium processing sites.
  SEC. 10213. DEFINITIONS- For purposes of this subtitle--
  (1) the term `active site' means--
  (A) any uranium or thorium processing site, including the mill, containing
  by-product material for which a license (issued by the Nuclear Regulatory
  Commission or its predecessor agency under the Atomic Energy Act of 1954,
  as amended, 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 Commission to be--
  (i) in the vicinity of such site; and
  (ii) contaminated with residual by-product  material;
  (2) the term `byproduct material' has the meaning given  such term in section
  11e.(2) of the Atomic Energy Act of  1954, as amended (42 U.S.C. 2014(e)(2));
  (3) the term `civilian nuclear power reactor' means any  civilian nuclear
  powerplant required to be licensed under  section 103 or section 104 of
  the Atomic Energy Act of 1954,  as amended (42 U.S.C. 2133);
  (4) the term `Corporation' means the United States  Enrichment Corporation
  established under section 1202 of  Title II of the Atomic Energy Act of
  1954, as amended;
  (5) the term `Department' means the Department of  Energy;
  (6) the term `domestic uranium' means 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;
  (7) 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;
  (8) the term `enrichment tails' means uranium in which  the quantity of
  the U-235 isotope has been depleted in the  enrichment process;
  (9) the term `reclamation, decommissioning, and other  remedial action'
  includes work, including but not limited to  disposal work, accomplished
  in order to comply with all  applicable requirements, including but
  not limited to those  established pursuant to the Uranium Mill Tailings
  Radiation  Control Act of 1978, as amended, 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, as amended
  (42 U.S.C. 2021). The term  shall also include work at an active site
  prior to the date  of enactment of this act accomplished in order to comply
  with the foregoing requirements;
  (10) the term `Secretary' means the Secretary of  Energy;
  (11) the terms `source material' and `special nuclear  material' have the
  meaning given such terms in section 11 of  the Atomic Energy Act of 1954,
  as amended (42 U.S.C. 2014);  and
  (12) the term `tailings' means the wastes produced by  the extraction or
  concentration of uranium or thorium from  any ore processed primarily for
  its source material content.
PART 2--Uranium Revitalization
  SEC. 10221. VOLUNTARY OVERFEED PROGRAM- (a) ESTABLISHMENT- The Corporation
  shall establish, for a period of not less than five years commencing at the
  beginning of fiscal year 1992, a voluntary overfeeding program which shall
  be made available to the Corporation's enrichment services customers. The
  term `overfeeding' means the use of uranium in the enrichment process in
  excess of the amount required at the transactional tails assay.
  (b) FINANCIAL INCENTIVE- The Corporation shall encourage its enrichment
  services customers to participate in the voluntary overfeeding program as
  provided in this section. Uranium supplied by the enrichment customer shall
  be used by the Corporation for voluntary overfeeding in the enrichment
  process to reduce the amount of power required to produce the enriched
  uranium ordered by the enrichment services customer. The dollar savings
  resulting from the reduced power requirements shall be credited to the
  enrichment services customer.
  (c) ADDITIONAL PARTICIPATION- In the event an enrichment services
  customer does not elect to provide uranium for voluntary overfeeding to
  be used to process its enrichment order, the Corporation shall establish
  a method for such uranium to be voluntarily supplied by other enrichment
  services customer(s) which have expressed to the Corporation an interest
  in participating in such a program and the Corporation shall credit the
  resulting dollar savings realized from the reduced power requirements to
  the enrichment services customer(s) providing the uranium.
  (d) USE OF DOMESTIC URANIUM- An enrichment services customer providing
  uranium for voluntary overfeeding shall certify to the Corporation that such
  uranium is domestic uranium which has been actually produced by a domestic
  uranium producer after the enactment of this title or domestic uranium
  actually produced by a domestic uranium producer before the enactment of
  this title and held by it without sale, transfer or redesignation of the
  origin of such uranium on a DOE/NRC form 741.
  (e) IMPLEMENTATION- Within ninety days of the date of enactment of this
  title, the Corporation shall establish procedures to implement this
  program. Such procedures shall include, but not be limited to, delivery,
  reporting and certification requirements, and provisions for failure to
  comply with the requirements of the voluntary overfeeding program. The
  determination of the voluntary overfeeding credit and sufficient data
  to support such determination shall be available to the Corporation's
  enrichment services customers and to qualified domestic producers.
  SEC. 10222. 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 50,000,000 pounds of natural uranium
  contained in stockpiles or inventories currently held by the United States
  for defense purposes. Effective on the date of enactment of this title,
  use of the Reserve shall be restricted to military purposes and government
  research. Use of the Department's stockpile of enrichment tails existing on
  the date of enactment of this title shall be restricted to military purposes.
  SEC. 10223. RESPONSIBILITY FOR THE INDUSTRY- (a) CONTINUING SECRETARIAL
  RESPONSIBILITY- The Secretary shall have a continuing responsibility for the
  domestic uranium industry, and shall take any action, which he determines to
  be appropriate under existing law, to encourage the use of domestic uranium:
  Provided, however, That 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 one
  hundred and eighty days of the date of enactment of this Act the Secretary
  shall develop recommendations and implement government programs to promote
  the export of domestic uranium.
  SEC. 10224. GOVERNMENT URANIUM PURCHASES- (a) USE OF DOMESTIC URANIUM-
  After the date of enactment of this title, the United States of America,
  its agencies and instrumentalities, shall only have the authority to
  enter into contracts or orders for the purchase of uranium which is (1)
  of domestic origin and (2) is purchased from domestic uranium producers:
  Provided, That this section shall not affect purchases under a contract
  for delivery of a fixed amount of uranium entered into before the date of
  enactment of this title.
  (b) TVA EXEMPTION- Subsection (a) shall not apply to the Tennessee Valley
  Authority.
  SEC. 10225. SECRETARY'S AUTHORITY TO MAKE REGULATIONS- The Secretary shall
  issue appropriate regulations to implement the purposes of this subtitle.
PART 3--Remedial Action for Active Processing Sites
  SEC. 10231. 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 shall, subject to paragraph
  (2), reimburse at least annually a licensee described in subsection (a)
  for such portion of the reclamation, decommissioning and other remedial
  action costs described in such subsection as are--
  (A) determined by the Secretary to be attributable to tailings generated
  as an incident of sales to the United States; and
  (B) incurred by such licensee not later than December 31, 2002.
  (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 10232 and shall
  not exceed an amount equal to $4.50 multiplied by the dry short tons of
  tailings located at the site as of the effective date of this subtitle
  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 $30,000,000.
  (D) INFLATION ESCALATION INDEX- The amounts in subparagraphs (A), (B)
  and (C) shall be increased annually based upon an inflation index. The
  Secretary shall determine the appropriate index to apply.
  (E) ADDITIONAL REIMBURSEMENT- PROVIDED HOWEVER, That (i) the Secretary
  shall determine as of July 31, 2005, whether the amount authorized to
  be appropriated in section 10233, when considered with the $4.50 per dry
  short ton limit on reimbursement, exceeds the total cost reimbursable to
  the licensees of active sites for reclamation, decommissioning and other
  remedial action; and (ii) if the Secretary determines there is an excess,
  the Secretary may allow reimbursement in excess of $4.50 per dry short
  ton on a pro-rated basis at such sites that reclamation, decommissioning
  and other remedial action costs for tailings generated as an incident of
  sales to the United States exceed the $4.50 per dry short ton limitation.
  SEC. 10232. REGULATIONS- The Secretary shall issue regulations governing
  reimbursement under section 10231. An active uranium or thorium processing
  site owner shall apply for reimbursement hereunder by submitting a statement
  for the amount of reimbursement, together with reasonable documentation in
  support thereof, to the Secretary. Any such statement 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 10231.
  SEC. 10233. AUTHORIZATION- There is authorized to be appropriated for
  purposes of this part not more than $300,000,000 increased annually as
  provided in section 10231 based upon an inflation index as determined by
  the Secretary.
PART 4--Import of Uranium, Enriched Uranium, and Uranium Enrichment Services
  SEC. 10241. FINDINGS AND PURPOSES- (a) FINDINGS- The Congress finds that--
  (1) the domestic uranium industry and the economic  viability of the Federal
  uranium enrichment enterprise may  be threatened by exports of uranium
  and enriched uranium  from non-market economy countries at prices which
  represent  less than the cost of producing uranium or enriching  uranium; and
  (2) the national security and defense interests of the  United States
  require that appropriate actions be taken to  assure that the nuclear
  energy industry in the United States  does not become unduly dependent on
  foreign sources of  uranium or uranium enrichment services.
  (b) PURPOSES- The purposes of this part are to--
  (1) determine whether any uranium or enriched uranium  is being exported
  by non-market economy countries at prices  which represent less than the
  cost of producing such  commodities; and
  (2) provide for appropriate actions to assure the  viability of the domestic
  uranium industry and the Federal  uranium enrichment enterprise in order to
  protect the  national security and defense interests of the United  States.
  SEC. 10242. DEFINITIONS- For purposes of this part, the term--
  (1) `Administrator' means the Administrator of the  Energy Information
  Administration;
  (2) `Federal uranium enrichment enterprise' means the  uranium enrichment
  activities of the Department of Energy or  the United States Enrichment
  Corporation; and
  (3) `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, except that for the
  purposes of this paragraph, the terms `electric utility',  `State agency',
  `Federal agency', and `ratemaking authority'  have the same meanings as
  the terms have under section 3 of  the Public Utility Regulatory Policies
  Act of 1978.
  SEC. 10243. UNITED STATES INTERNATIONAL TRADE COMMISSION INVESTIGATION-
  (a) INVESTIGATION- Within sixty days after the date of enactment of this
  part, the United States International Trade Commission shall initiate an
  investigation to determine--
  (1) the quantities of uranium or enriched uranium being  exported from
  non-market economy countries;
  (2) the amount and nature of uranium enrichment  services being offered
  by non-market economy countries; and
  (3) whether such uranium, enriched uranium or  enrichment services are being
  offered at prices which  represent less than the cost of producing such
  uranium or  enriched uranium or providing such uranium enrichment  services.
  (b) COOPERATION- The Secretary, the Administrator, and the Secretary of
  Commerce shall cooperate fully with the International Trade Commission
  in the investigation and shall furnish them all records, analyses and
  information in their possession regarding the production costs, sales
  costs and exports of uranium and enriched uranium, or the provision of
  uranium enrichment services, by non-market economy countries.
  (c) REPORT- (1) Within one year after the date of enactment of this part
  and annually thereafter, the International Trade Commission shall furnish
  a report containing the results of the investigation and its determination
  under paragraph (a)(3) to the President, for the use of the Secretary and
  Secretary of Commerce, and the Congress.
  (2) If the International Trade Commission determines that any non-market
  economy country is exporting uranium or enriched uranium, or providing
  enrichment services, at prices which represent less than the cost of
  production, the President, or his designee, within one hundred and twenty
  days of receipt of the report from the International Trade Commission,
  shall transmit to the Congress a report on what actions are being taken
  by the Federal Government to discourage or end such pricing practices,
  including the status of any negotiations with such country to end such
  pricing practices.
  (d) CONFIDENTIALITY- The International Trade Commission shall take such
  steps as, in its judgment, are necessary, including the classification
  of information, to assure appropriate protection of any confidential
  information.
  SEC. 10244. URANIUM PURCHASE REPORTS- (a) ANNUAL REPORTS- 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, 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 Committee on Energy and
  Natural Resources of the United States Senate and appropriate committees
  of the United States House of Representatives by March 1 of each year.
  (c) COUNTRY OF ORIGIN- For the purposes of this section, the term `country
  of origin' means,
  (1) with respect to uranium, that country where the  uranium was mined, or
  (2) with respect to enriched uranium, that country  where the uranium was
  mined and enriched; or
  (3) with respect to enrichment services, that country  where the enrichment
  services were performed.
  SEC. 10245. 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 part, 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 one year of the date of enactment of this part, and
  annually thereafter, the Secretary shall report to Congress on his progress
  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 part.
  (c) DEFINITION OF NON-AFFILIATE- As used in this section, a seller is
  `non-affiliated' if it does not control, and is not controlled by or under
  common control with the buyer.
  SEC. 10246. UNITED STATES PURCHASE OF ENRICHED URANIUM- (a) AUTHORIZATION-
  Subject to the limitations of subsection (b), the Secretary or the United
  States Enrichment Corporation is authorized to purchase enriched uranium from
  other sources of enriched uranium at prices below the production costs of
  the Department of Energy or the Corporation, respectively, if such purchases
  are necessary to reduce productions costs and maintain competitive prices.
  (b) USE OF URANIUM- If enriched uranium purchased by the Secretary or the
  United States Enrichment Corporation is used to supply enrichment customers,
  any uranium provided by such customers to the Secretary or the United States
  Enrichment Corporation as feed material may only be used for rebuilding
  uranium inventory or for overfeeding purposes.
TITLE XI--NATURAL GAS
  SEC. 11101. OPTIONAL CERTIFICATE PROCEDURES- (a) CERTIFICATE OF PUBLIC
  CONVENIENCE AND NECESSITY- Section 7 of the Natural Gas Act, (15 U.S.C. 717f)
  is amended--
  (1) by adding a new subparagraph (c)(1)(G) as follows--
  `(G) Upon application the Commission shall issue a  certificate of public
  convenience and necessity for the  construction, extension and operation of
  facilities for the  transportation or sale of natural gas without requiring
  a  hearing or further proof that the public convenience and  necessity would
  be served by those facilities: Provided, That, subject to the provisions of
  subsection (k) of this  section, the requirements of subsections (i) and
  (j) of this  section are met. Such a certificate shall be non-exclusive
  and non-prejudicial to any other authorization under the  Natural Gas Act
  or the Natural Gas Policy Act of 1978.';
  (2) by adding the following three subsections after  subsection (h)--
  `(i) For the purposes of subparagraph (c)(1)(G) of this  section--
  `(1) The Commission shall issue a certificate of public convenience and
  necessity only if it finds that the construction, extension and operation
  of facilities shall not impair any certificate holder's ability to render
  adequate service to its customers, and only if, in addition to any other
  terms the Commission may attach, the following terms and conditions are
  attached to such certificate to satisfy the following requirements--
  `(A) No costs or expenses incurred in  relation to the construction,
  extension and  operation of facilities, or the sale of such  facilities,
  covered by a certificate issued  pursuant to subparagraph (c)(1)(G)
  of this section  may be included in the rates and charges of any  other
  rate schedule filed with the Commission  under this Act or the Natural
  Gas Policy Act of  1978.
  `(B) The holder of a certificate issued  pursuant to subparagraph (c)(1)(G)
  of this section  shall not be required to credit any revenues  received
  in relation to providing service under  such certificate, or the sale of
  facilities  authorized under such certificate, when  determining the rates
  and charges of any other  rate schedule filed with the Commission under
  this  Act or the Natural Gas Policy Act of 1978.
  `(C) Notwithstanding section 15(a) of this  Act, the holder of a certificate
  issued under  subparagraph (c)(1)(G) of this section shall not  participate
  in any proceedings (other than those  it may subsequently initiate)
  for the  construction, extension or operation of facilities  that would
  serve the same market served by the  facilities authorized by the holder's
  certificate  issued under subparagraph (c)(1)(G) of this  section.
  `(D) Under such rules and regulations as the  Commission may prescribe,
  the holder of a  certificate issued under subparagraph (c)(1)(G) of  this
  section shall file with the Commission within  such time and in such form
  as the Commission may  prescribe, and shall keep open in convenient form
  and place for public inspection, copies of all  agreements required to be
  filed with the  Commission pursuant to subsection (j) of this  section.
  `(E) The holder of a certificate issued under  subparagraph (c)(1)(G)
  of this section shall  maintain a separate system of books, accounts and
  records for the facilities and services authorized  under such certificate.
  `(2) The Commission shall assure that all agreements between the certificate
  holder and all persons, including affiliates of the certificate holder,
  contracting for transportation or sales service utilizing facilities
  authorized in a certificate issued under subparagraph (c)(1)(G) of this
  section are negotiated at arms length.
  `(3) The Commission shall provide reasonable public notice of the application
  for the issuance of a certificate of public convenience and necessity
  pursuant to subparagraph (c)(1)(G) of this section.
  `(j) For purposes of subparagraph (c)(1)(G) of this  section--
  `(1) Not later than sixty days prior to the commencement  of transportation
  or sales service pursuant to a certificate  issued under subparagraph
  (c)(1)(G) of this section, or at  such time as the Commission may find
  necessary and  reasonable, the certificate holder shall file with the
  Commission copies of all agreements between the certificate  holder
  and all persons, including affiliates of the  certificate holder,
  contracting for transportation or sales  service utilizing facilities
  authorized in a certificate  issued under subparagraph (c)(1)(G) of
  this section.   Subsequent to the commencement of transportation or sales
  service utilizing facilities operated under a certificate  issued under
  subparagraph (c)(1)(G) of this section, the  certificate holder shall file
  with the Commission not later  than ten days prior to the initiation of
  any new service  utilizing facilities authorized under such certificate
  a  copy of any new or amended agreement entered into by the  certificate
  holder and any person, including any affiliate  of the certificate holder,
  contracting for transportation or  sales service utilizing facilities
  authorized under such  certificate. The Commission shall keep and make
  available  for public inspection all agreements required to be filed  with
  the Commission pursuant to this paragraph.
  `(2) The rates, charges, classifications or practices  for the
  transportation or sale of natural gas contained in  the agreements filed
  with the Commission pursuant to  paragraph (j)(1) of this section shall be
  presumed to be  just and reasonable. If, however, the Commission, after a
  hearing held upon the petition of a person who has made a  bona-fide offer
  to enter into a contract, or who has entered  into a contract, for the
  transportation or sale of natural  gas utilizing facilities authorized in
  a certificate issued  under subparagraph (c)(1)(G) of this section, finds
  that the  failure to provide a requested rate, charge, classification,
  or practice in connection with the requested transportation  or sale of
  natural gas through facilities constructed,  extended or operated under a
  certificate issued under  subparagraph (c)(1)(G) of this section is unjust,
  unreasonable, unduly discriminatory or preferential, the  Commission,
  considering all relevant factors, shall  determine the rates, charges,
  classification or practices  which are not unjust, unreasonable, unduly
  discriminatory or  preferential to be observed and in force with respect to
  the  transportation or sale of natural gas to be provided to the  petitioner,
  and shall fix the same by order; Provided, That  the Commission may not
  order the requested service to the  extent that it finds that capacity is
  not available. Unless  the Commission issues a final order on a petition
  filed  pursuant to this paragraph within one hundred and twenty  days
  after it is filed, such petition shall be deemed  denied.
  `(k) In any case where a certificate providing for  construction or extension
  of facilities under subparagraph  (c)(1)(G) of this section is opposed by a
  local distribution  company on grounds that such certificate would result
  in the  displacement of a sale or transportation service being  provided
  by such local distribution company, the Commission  shall promptly set
  the matter for a hearing on the record  and shall decide by final order on
  rehearing issued within  90 days of the filing of such opposition whether
  such  construction or extension of facilities pursuant to the  certificate
  would displace a sale or transportation service  being provided by such
  local distribution company. If the  Commission finds that such construction
  or extension of  facilities would result in the displacement of a sale or
  transportation service being provided by such local  distribution company,
  the application for a certificate of  public convenience and necessity
  filed pursuant to  subparagraph (c)(1)(G) of this section shall, at the
  option  of the applicant, be deemed filed for consideration pursuant  to
  subparagraph (c)(1)(A) of this section. For purposes of  this subsection,
  the term `local distribution company' shall  have the same meaning as
  in section 2(17) of the Natural Gas  Policy Act of 1978, and a holder
  of a service area  determination under section 7(f) of this Act shall be
  considered a local distribution company.'; and
  (3) by adding at the end of subsection (b) the  following: `This subsection
  does not apply to any facility  or service certificated pursuant to
  subparagraph (c)(1)(G)  of this section.'.
  (b) NON-APPLICABILITY OF NATURAL GAS ACT SECTION 4 PROCEDURES- Section 4
  of the Natural Gas Act (15 U.S.C. 717c) is amended by adding the following
  after subsection (e)--
  `(f) Subsections (c), (d) and (e) of this section do  not apply to the
  transportation or sale of natural gas  through facilities authorized by
  a certificate of public  convenience and necessity issued under section
  7(c)(1)(G) of  this Act.'.
  (c) NON-APPLICABILITY OF NATURAL GAS ACT SECTION 5 PROCEDURES- Section
  5(a) of the Natural Gas Act (15 U.S.C. 717d(a)) is amended by adding the
  following after the period: `This subsection does not apply to any rate,
  charge, classification or practice by a natural-gas company in connection
  with the transportation or sale of natural gas through facilities authorized
  by a certificate issued under section 7(c)(1)(G) of this Act.'.
  SEC. 11102. TRANSPORTATION OF NATURAL GAS UNDER THE NGPA- Section 311 of
  the Natural Gas Policy Act of 1978 (15 U.S.C. 3371) is amended by--
  (a) striking `AUTHORIZATION OF CERTAIN SALES AND TRANSPORTATION ' and
  inserting in lieu thereof `AUTHORIZATION OF CERTAIN SALES, TRANSPORTATION
  AND CONSTRUCTION';
  (b) striking `Commission Approval of Transportation' and inserting in lieu
  thereof `Commission Approval of Transportation and Construction';
  (c) striking paragraph (a)(1), and inserting in lieu thereof the following:
  `(1) Interstate pipelines-
  `(A) IN GENERAL- The Commission may, by rule or  order, authorize any
  interstate pipeline to transport  natural gas on behalf of--
  `(i) any intrastate pipeline,
  `(ii) any local distribution company, or
  `(iii) any other person including the interstate pipeline itself.
  `(B) JUST AND REASONABLE RATES- The rates and  charges of any interstate
  pipeline with respect to any  transportation authorized under subparagraph
  (A) shall be  just and reasonable (within the meaning of the Natural
  Gas  Act).
  `(C) NONDISCRIMINATORY TRANSPORTATION- Any  transportation authorized under
  subparagraph (A) shall not  be unjust, unreasonable, unduly discriminatory
  or  preferential (within the meaning of the Natural Gas Act).
  `(D) CONSTRUCTION- Upon sixty days notification to  the affected
  State commission, an interstate pipeline may  construct facilities for
  transportation service provided  under this subsection: Provided, That
  construction under  this subsection shall not occur in the event such
  construction would result in the displacement of a sale or  transportation
  service being provided by a local  distribution company, unless such
  local distribution company  consents thereto. In any case where such
  construction is  opposed by a local distribution company on grounds
  that such  construction would result in the displacement of a sale or
  transportation service being provided by such local  distribution company,
  the Commission shall promptly set the  matter for hearing on the record and
  shall decide by a final  order on rehearing issued within ninety days of
  the filing of  such opposition whether the construction would displace a
  sale or transportation service being provided by such local  distribution
  company. If the Commission finds that such  construction would result
  in the displacement of a sale or  transportation service being provided
  by such local  distribution company, the interstate pipeline may file
  an  application for a certificate of public convenience and  necessity
  pursuant to section 7(c) of the Natural Gas Act  for authority to construct
  or extend such facilities.   Activities authorized under this paragraph
  are not subject  to State regulation. For purposes of this subparagraph, a
  holder of a service area determination under section 7(f) of  the Natural
  Gas Act shall be considered a local distribution  company.' and by
  (d) striking subparagraph (a)(2)(A), and inserting in lieu thereof the
  following:
  `(A) IN GENERAL- The Commission may, by rule or  order, authorize any
  intrastate pipeline to transport  natural gas on behalf of--
  `(i) any interstate pipeline,
  `(ii) any local distribution company served by an  interstate pipeline, or
  `(iii) any other person, including the intrastate  pipeline itself, in
  interstate commerce (within the meaning  of the Natural Gas Act).'.
  SEC. 11103. NEPA COMPLIANCE- (a) MAJOR FEDERAL ACTION- Section 7(c) of
  the Natural Gas Act (15 U.S.C. 717f(c)) is amended by adding the following
  after paragraph (2):
  `(3)(A) For purposes of the National Environmental  Policy Act of 1969
  (42 U.S.C. 4321 et seq.) and other  applicable environmental laws, the
  authorization of  construction of facilities by issuance of a certificate
  of  public convenience and necessity by the Commission is the  only Federal
  action that may be considered a major Federal  action requiring a detailed
  statement on the environmental  impact of the proposed action in connection
  with the  construction or extension of facilities. The Commission may  set
  reasonable time limits for consultation with the other  Federal and State
  agencies and departments which participate  in the review of a proposed
  facility, and may set reasonable  time limits for those agencies and
  departments to complete  their review and submit comments to the Commission.
  `(B) Where environmental documents are prepared in  connection with
  applications for authority to construct,  extend or operate facilities under
  this Act, the Commission  shall permit, at the election of the applicant,
  a  contractor, consultant or other person funded by the  applicant to
  prepare such environmental document. The  Commission shall permit the
  applicant to select a  contractor, consultant or other person from among
  a list of  such individuals or companies determined by the Commission  to
  be qualified to do such work. The Commission shall  establish the scope of
  work and procedures to assure that  the contractor, consultant or other
  person has no financial  or other potential conflict of interest in the
  outcome of  the proceeding. Nothing herein shall affect the  Commission's
  responsibility to comply with the National  Environmental Policy Act of 1969.
  `(C) Where an environmental assessment is prepared in  connection with
  applications for authority to construct,  extend or operate facilities
  under this Act, the Commission  shall permit an applicant, or a contractor,
  consultant or  other person selected by the applicant, to prepare such
  environmental assessment. The Commission shall institute   procedures,
  including pre-application consultations, to  advise potential applicants
  of studies or other information  forseeably required by the Commission. The
  Commission shall  allow the filing of such applicant-prepared environmental
  assessments as part of the application. Nothing herein  shall affect the
  Commission's responsibility to comply with  the National Environmental
  Policy Act of 1969.
  `(D) The Commission shall not infer any control or  responsibility over
  nonjurisdictional activities for  purposes of carrying out its environmental
  responsibilities  under the National Environmental Policy Act of 1969.'.
  (b) COMMUNICATIONS WITH THE COMMISSION- The Federal Energy Regulatory
  Commission, within twelve months of the date of enactment of this Act,
  shall amend its rules governing ex parte communications to clarify that the
  prohibitions contained in such rules do not apply to communications between
  the Commission's environmental advisory staff and other Federal and State
  agencies that are cooperating agencies for purposes of compliance with title
  I of the National Environmental Policy Act of 1969 (42 U.S.C. 4331-35):
  Provided, That an accurate public record of all such communications
  shall be kept and made available, and any party to the proceeding with
  respect to which such communication was made may respond in writing to
  such communication.
  SEC. 11104. RATES AND CHARGES- (a) NOTICE OF CHANGES- The first and third
  sentences of section 4(d) of the Natural Gas Act (17 U.S.C. 717c(d)) are
  amended by striking `thirty days' notice' and inserting in lieu thereof
  `sixty days' notice'.
  (b) JOINT RATES- Section 4 of the Natural Gas Act (15 U.S.C. 717c) is
  amended by adding the following subsection after subsection (f), added by
  this title--
  `(g) Under such rules and regulations as the Commission  may prescribe to
  preclude anticompetitive conduct, natural-gas companies may jointly file
  with the Commission rates for  the sequential transportation of natural
  gas through their  facilities.'.
  (c) Gas Research Institute Surcharge-
  (1) Nothing in this Act amends or modifies the Federal  Energy Regulatory
  Commission's authority to allow recovery,  in advance, of expenditures for
  research, development and  demonstration expenses by natural-gas companies
  for projects  in the areas of exploration, production, transmission,
  distribution and use of natural gas.
  (2) The Federal Energy Regulatory Commission is  authorized pursuant
  to section 4 of the Natural Gas Act to  allow recovery, in advance,
  of expenses by natural-gas  companies for research, development and
  demonstration  activities by the Gas Research Institute for projects on
  the  use of natural gas in motor vehicles and on the use of  natural gas
  to control emissions from the combustion of  other fuels: Provided, That
  the Commission finds that the  benefits, including environmental benefits,
  to both existing  and future ratepayers resulting from such activities
  exceed  all direct costs to both existing and future ratepayers.
  (d) REPORTS TO CONGRESS-
  (1) REPORTS BY THE FERC- Within six months of the  date of enactment
  of this Act, the Federal Energy Regulatory  Commission shall report to
  the Senate Committee on Energy  and Natural Resources and the House of
  Representatives on  the following--
  (A) NATURAL GAS TRANSPORTATION- The goals, objectives and results of the
  Commission's program for open access transportation of natural gas, the
  schedule for the program's complete implementation, and the Commission's
  criteria for--
  (i) rate design reform;
  (ii) comparability of service;
  (iii) authorizing pipeline abandonment and  defining pipeline service
  obligation; and
  (iv) treatment of gas purchase contract buyout and buydown costs.
  (B) PIPELINE MERCHANT FUNCTION- The Commission's regulation under the
  Natural Gas Act (15 U.S.C. 717-17v) of interstate pipeline sale for resale
  activities (the merchant function) including--
  (i) the implementation of gas inventory  charges and the as-billed recovery
  of producer  demand charges; and
  (ii) the criteria for finding that market-based rates for interstate pipeline
  sales for  resale can be deemed to be just and reasonable in  circumstances
  where such sales are made in  workably competitive markets, and given such
  a  finding, the criteria for finding that profits and  losses occasioned
  by such sales for resale should  not be taken into account in setting the
  seller's  rates for other services.
  (C) NATURAL GAS RATEMAKING- The Commission's criteria for establishing
  just and reasonable rates under section 4 of the Natural Gas Act--
  (i) where the Commission finds that workable  competition exists and
  comparable third-party  transportation exist, including criteria for the
  establishment of market-based rates;
  (ii) on a basis other than historical cost,  including the criteria for
  incentive rates; and
  (iii) to ensure that all throughput, under  both long-term and short-term
  arrangements, is  taken into account in the Commission's  determination
  of used and useful plant for  purposes of possible inclusion in rate base.
  (e) NATURAL GAS IMPORTS-
  (1) TRANSFER OF AUTHORITY- Within thirty days of the  date of enactment
  of this Act, the Secretary of Energy shall  issue an order delegating
  to the Federal Energy Regulatory  Commission authority to administer the
  provisions of section  3 of the Natural Gas Act (15 U.S.C. 717b).
  (2) NATURAL GAS ACT AMENDMENT- Section 3 of the  Natural Gas Act
  (15 U.S.C. 717b) is amended by adding the  following at the end of
  the section: `The Commission shall  condition any import authorization
  pursuant to this section  to redress any anti-competitive impacts on United
  States'  natural gas producers including, but not limited to,  competitive
  disparities resulting from different rate  designs applied to the pipeline
  transportation of domestic  natural gas and the pipeline transportation
  of imported  natural gas.'.
  (3) REPORT BY THE DEPARTMENT OF JUSTICE- Within six  months of the date
  of enactment of this Act, the Department  of Justice, in consultation
  with the Department of Energy,  the Federal Energy Regulatory Commission
  and the Office of  the United States Trade Representative, shall report
  to the  Senate Committee on Energy and Natural Resources and the  House of
  Representatives regarding the authority of the  Department of Energy and the
  Federal Energy Regulatory  Commission under applicable law to address and
  remedy  regulatory advantages that may be conferred on imported  natural gas.
  SEC. 11105. UTILIZATION OF RULEMAKING PROCEDURES- The first sentence
  of section 403(c) of the Department of Energy Organization Act (42
  U.S.C. 7173(c)) is amended to read as follows: `Any function described in
  section 402 of this Act which relates to the establishment of rates and
  charges under the Federal Power Act or to the establishment of rates and
  charges, the issuance of a certificate of public convenience and necessity,
  or the abandonment of facilities and services under the Natural Gas Act
  may be conducted by rulemaking procedures.'.
  SEC. 11106. REVIEW OF COMMISSION ORDERS- (a) NATURAL GAS ACT AMENDMENTS-
  (1) REHEARING- Section 19(a) of the Natural Gas Act  (15 U.S.C. 717r(a))
  is amended by striking `Unless the  Commission acts upon the application
  for rehearing within  thirty days after it is filed, such application may
  be  deemed to have been denied.' and inserting in lieu thereof  `Unless the
  Commission issues a final order on the  application for rehearing within
  sixty days after it is  filed, such application shall be deemed denied:
  Provided, That the Commission may, for good cause, extend the period
  for rehearing an additional ninety days or, in the case of a  rulemaking
  proceeding, an additional one hundred and twenty  days.'.
  (2) COURT REVIEW- Section 19(b) of the Natural Gas  Act (15 U.S.C. 717r(b))
  is amended by striking the first and  second sentences and inserting the
  following in lieu  thereof: `Any party to a proceeding under this act
  aggrieved  by an order issued by the Commission in such proceeding may
  obtain a review of such order in the circuit court of  appeals of the
  United States for any circuit wherein the  natural gas company to which
  the order relates is located or  has its principal place of business,
  or in the United States  Court of Appeals for the District of Columbia,
  by filing in  such court, within thirty days after the order of the
  Commission upon the application for rehearing, a written  petition praying
  that the order of the Commission be  modified or set aside in whole or in
  part. The petition  shall set forth specifically the ground or grounds upon
  which such petition is based. A copy of such petition shall  forthwith be
  transmitted by the clerk of the court to the  chairman of the Commission
  and thereupon the Commission  shall file with the court the record upon
  which the order  complained of was entered, as provided in section 2112
  of  title 28, United States Code.'.
  (b) NATURAL GAS POLICY ACT AMENDMENTS-
  (1) REHEARING- Section 506(a)(2) of the Natural Gas  Policy Act of 1978
  (15 U.S.C. 3416(a)(2)) is amended by  striking `Unless the Commission acts
  upon such application  for rehearing within thirty days after it is filed,
  such  application shall be deemed to have been denied.' and  inserting in
  lieu thereof `Unless the Commission issues a  final order on the application
  for rehearing within sixty days  after it is filed, such application shall be
  deemed denied:  Provided, That the Commission may, for good cause, extend
  the period for rehearing an additional ninety days or, in  the case of a
  rulemaking proceeding, an additional one  hundred and twenty days.'.
  (2) COURT REVIEW- Section 506(a)(4) of the Natural  Gas Policy Act (15
  U.S.C. 3416(a)(4)) is amended by striking  the first three sentences and
  inserting the following in  lieu thereof: `Any person who is a party to
  a proceeding  under this Act aggrieved by any final order issued by the
  Commission in such proceeding may obtain review of such  order in the United
  States Court of Appeals for any circuit  in which the party to which such
  order relates is located or  has its principal place of business, or in
  the United States  Court of Appeals for the District of Columbia circuit.
  Review shall be obtained by filing a written petition,  requesting that
  such order be modified or set aside in whole  or in part, in such Court
  of Appeals within 30 days after  the final action of the Commission on the
  application for  rehearing required under paragraph (2). The petition shall
  set forth specifically the ground or grounds upon which such  petition is
  based. A copy of such petition shall forthwith  be transmitted by the clerk
  of the court to the chairman of  the Commission and thereupon the Commission
  shall file with  the court the record upon which the order complained of
  was  entered, as provided in section 2112 of title 28, United  States Code.'.
  (c) FEDERAL POWER ACT AMENDMENTS-
  (1) REHEARING- Section 313(a) of the Federal Power  Act (16 U.S.C. 825l(a))
  is amended by striking `Unless the  Commission acts upon the application
  for rehearing within  thirty days after it is filed, such application may
  be  deemed to have been denied.' and inserting in lieu thereof  `Unless the
  Commission issues a final order on the  application for rehearing within
  sixty days after it is  filed, such application shall be deemed denied:
  Provided,  That the Commission may, for good cause, extend the period
  for rehearing an additional ninety days or, in the case of a  rulemaking
  proceeding, an additional one hundred and twenty  days.'.
  (2) COURT REVIEW- Section 313(b) of the Federal  Power Act (16
  U.S.C. 825l(b)) is amended by striking the  first and second sentences and
  inserting the following in  lieu thereof: `Any party to a proceeding under
  this Act  aggrieved by an order issued by the Commission in such  proceeding
  may obtain a review of such order in the Circuit  Court of Appeals of the
  United States for any circuit  wherein the licensee or public utility to
  which the order  relates is located or has its principal place of business,
  or in the United States Court of Appeals for the District of  Columbia, by
  filing in such court, within thirty days after  the order of the Commission
  upon the application for  rehearing, a written petition praying that the
  order of the  Commission be modified or set aside in whole or in part.
  The petition shall set forth specifically the ground or  grounds upon
  which such petition is based. A copy of such  petition shall forthwith be
  transmitted by the clerk of the  court to the chairman of the Commission
  and thereupon the  Commission shall file with the court the record upon
  which  the order complained of was entered, as provided in section  2112
  of title 28, United States Code.'.
  SEC. 11107. LIMITED ANTITRUST RELIEF FOR INDEPENDENT GAS PRODUCER
  COOPERATIVES- (a) DEFINITIONS- For the purposes of this section, the term--
  (1) `antitrust laws' shall mean the Federal laws  defined in section 2(37)
  of the Natural Gas Policy Act of  1978 (15 U.S.C. 3301(37));
  (2) `independent producer' means any person whose  natural gas production
  does not exceed 6 million cubic feet  per day: Provided, That any person
  who is an interstate  pipeline, intrastate pipeline or local distribution
  company,  as defined in sections 2 (15), (16), and (17) of the Natural
  Gas Policy Act of 1978 (15 U.S.C. 3301 (15), (16), (17)), or  who is an
  affiliate of such person, as defined in section  2(27) of the Natural
  Gas Policy Act of 1978, (15 U.S.C.  3301(27)), may not be considered an
  independent producer for  the purposes of this section; and
  (3) `independent producer cooperative' shall mean any  group of independent
  producers formed and operated for the  purpose of pooling natural gas to
  enable the cooperative  members to bargain effectively for the sale of
  the natural  gas to any person: Provided, That such group is not formed
  or operated for the purpose of raising prices.
  (b) LIMITED ANTITRUST RELIEF-
  (1) In any civil action under the antitrust laws, the  formation or operation
  of an independent producer  cooperative shall not be deemed illegal per se,
  but shall be  illegal only if the anticompetitive effects substantially
  outweigh the procompetitive effects.
  (2) Nothing in this section shall affect the ability of  the United States,
  any State or a private party to obtain an  injunction against an independent
  producer cooperative for  conduct that is proven to be illegal under the
  standard set  forth in paragraph (1).
  (c) SCOPE- Nothing in this section shall be construed to make it unlawful
  for an operator or working interest owner of a well, lease, field, plant
  or producing unit to market, on behalf of other working interest and
  royalty owners, the natural gas produced from such well, lease, field,
  plant or producing unit.
  SEC. 11108. VEHICULAR NATURAL GAS JURISDICTION- (a) NATURAL GAS ACT
  AMENDMENTS-
  (1) Section 1 of the Natural Gas Act (15 U.S.C. 717) is amended to add
  the following after subsection (c)--
  `(d) The provisions of this Act shall not apply to any person by reason
  of, or with respect to, any sale or transportation of Vehicular Natural
  Gas if such person is (i) not otherwise a natural-gas company, or (ii)
  primarily subject 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 to add
  the following after subsection (9)--
  `(10) `Vehicular Natural Gas' means natural gas that is  ultimately used
  as a fuel in a motor vehicle.'.
  (b) STATE LAWS AND REGULATIONS- The transportation of natural gas in closed
  containers, or the sale of natural gas, by any person who is not otherwise
  a public utility to any person for use by such person as a fuel in a vehicle
  shall not be deemed to be a transportation or sale of natural gas within the
  meaning of any State law, regulation or order in effect prior to January
  1, 1989. The provisions of this section shall not apply to any State law,
  regulation or order that protects the public safety.
  (c) NON-APPLICABILITY 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)) (`Act')  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 Act (15  U.S.C. 79k(b)(1)),
  a company registered under such Act  solely by reason of direct or indirect
  ownership of voting  securities of one or more gas utility companies, or any
  subsidiary of such company, may acquire or retain, in any  geographic area,
  any interest in any 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, installation, servicing, or financing of  equipment
  related to the sale or 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 Act (15 U.S.C. 79c) such
  company is exempt  from registration.
  (4) `Vehicular natural gas' means natural or  manufactured gas that is
  ultimately used as a fuel in a  motor vehicle.
  SEC. 11109. STREAMLINED CERTIFICATE PROCEDURES- (a) UNOPPOSED APPLICATIONS-
  Section 7(c)(1) of the Natural Gas Act (15 U.S.C. 717f(c)(1)) is amended by--
  (1) redesignating subparagraph (B) as subparagraph (C);  and
  (2) inserting after subparagraph (A) the following new  subparagraph:
  `(B) In any case not described in the proviso of  subparagraph (A), the
  Commission shall file notice in the  Federal Register of the proposed
  certificate of public  convenience and necessity as soon as the required
  information in connection therewith has been received by the  Commission. If
  no party has filed a protest or objection in  response to such notice
  within sixty days after publication of  such notice, the certificate of
  public convenience and  necessity shall be deemed to be issued: Provided,
  That  notwithstanding the filing of a protest or objection a  certificate
  shall be deemed issued if all protests and  objections are withdrawn.'.
  (b) EXPEDITED PROCEDURE FOR PROTESTS- Within ninety days of the date of
  enactment of this Act, the Commission shall institute a rulemaking to
  establish a procedure for dealing expeditiously with protests which do
  not raise material issues of fact necessitating an evidentiary hearing.
  (c) CERTIFICATE NOT REQUIRED FOR REPLACEMENT FACILITIES- Section 7(c)(1)
  of the Natural Gas Act (15 U.S.C. 717f(c)(1)) is amended by adding at the
  end the following new subparagraph:
  `(D) The term `facilities' as used in this subsection  shall exclude
  facilities which constitute the replacement or  repair of existing facilities
  which have or will soon become  physically deteriorated or obsolete to
  the extent that  replacement is deemed advisable, provided (1) that such
  replacement or repair does not result in a reduction or  abandonment
  of service by means of such facilities, (2) that  such replacement or
  repair has substantially equivalent  designed delivery capacity as the
  particular facilities  being replaced or repaired, and (3) that the cost
  of such  replacement or repair shall not exceed $20,000,000 per project,
  as adjusted pursuant to the Implicit Price  Deflator for GNP. Nothing
  herein shall preclude a natural-gas company from repairing or replacing
  facilities as may be  necessary to meet the requirements of the Natural
  Gas  Pipeline Safety Act of 1968.'.
  (d) CONCLUSIVE EVIDENCE OF NEED- Section 7(c)(1) of the Natural Gas Act
  (15 U.S.C. 717f(c)(1)) is amended by adding at the end thereof the following
  new subparagraph:
  `(E) In such hearing under subparagraph (C), proof of  binding contractual
  commitments by bona fide shippers for  firm natural gas service to be
  rendered utilizing the  facilities proposed to be constructed or extended
  shall be  conclusive evidence of the need for such proposed service
  and facilities, and shall be sufficient to dismiss any claim  of mutual
  exclusivity by another applicant.'.
  (e) PHASED CERTIFICATE PROCEDURES- Section 7(c)(1) of the Natural Gas Act
  (15 U.S.C. 717f(c)(1)) is amended by adding at the end thereof the following
  new subparagraph:
  `(F) In such hearing under subparagraph (C), the  Commission, where
  appropriate, may phase its consideration  of issues raised in connection
  with the application and may  issue an initial order containing preliminary
  findings with  respect to such issues. Notwithstanding the preliminary
  findings in such initial order, the issuance of a  certificate of public
  convenience and necessity will be  subject to a final order based upon
  the complete record of  the hearing under subparagraph (C).'.
  SEC. 11110. GAS DELIVERY INTERCONNECTION- Section 7(a) of the Natural Gas
  Act (15 U.S.C. 717f(a)) is amended by--
  (a) redesignating subsection (a) as paragraph (a)(1); and
  (b) inserting at the end the following new paragraph--
  `(2) Upon the petition of any person, the Commission by order may direct
  an interstate pipeline as defined in section (2)(15) of the Natural Gas
  Policy Act of 1978, for the sole purpose of receiving natural gas from
  the petitioner, to establish, at petitioner's expense, and upon such
  reasonable terms as the Commission may prescribe, physical connection of
  the interstate pipeline's transportation facilities with the petitioner's
  production or gathering facilities, the petitioner's intrastate pipeline
  as defined in section 2(16) of the Natural Gas Policy Act of 1978 (limited
  to the production area as defined by the Commission), or the petitioner's
  pipeline certificated pursuant to subparagraph (c)(1)(G) of this section
  (limited to the production area as defined by the Commission): Provided,
  That the Commission shall have no authority to compel the enlargement of
  transportation facilities for such purposes, or to compel an interstate
  pipeline to establish physical connection when to do so would impair its
  ability to render adequate service to its customers.'.
  SEC. 11111. DEREGULATION OF PIPELINE SALES OF NATURAL GAS- Section 4 of
  the Natural Gas Act (15 U.S.C. 717c) is amended by adding the following
  after subsection (g), as added by this title--
  `(h) After a hearing held upon the application of a  natural-gas company,
  if the Commission finds that the  natural-gas company provides transportation
  for natural gas  owned by any other person comparable to the transportation
  provided by the natural-gas company for natural gas that it  sells for
  resale and finds that the market that the natural-gas company is authorized
  to serve is competitive, the  Commission may issue an order finding that
  the natural gas  cost component of rates and charges made, demanded, or
  received by the natural-gas company for the sale for resale  of natural
  gas are exempt from the jurisdiction of the  Commission under this Act.'.
  SEC. 11112. COMMISSION POLICY MAKING- Section 401 of the Department of
  Energy Organization Act (42 U.S.C. 7171) is amended by adding the following
  after subsection (j)--
  `(k) For the purposes of this Act or any other Act,  discussions by all
  members of the Commission on matters of  general policy shall not be
  considered a meeting.'.
TITLE XII--OUTER CONTINENTAL SHELF
  SEC. 12101. COASTAL STATE AND COMMUNITY OUTER CONTINENTAL SHELF IMPACT
  ASSISTANCE- The Outer Continental Shelf Lands Act (43 U.S.C. 1331-1356)
  is amended by designating the existing provisions as title I and adding
  a new title II at the end thereof as follows:
`SEC. 201. SHORT TITLE.
  `This title may be cited as the `Coastal State and Community Outer
  Continental Shelf Impact Assistance Act'.
`SEC. 202. DEFINITIONS.
  `For purposes of this title the term--
  `(1) `coastal State' means any State of the United States bordering on the
  Atlantic Ocean, the Pacific Ocean, the Arctic Ocean, or the Gulf of Mexico;
  `(2) `coast line' has the meaning given such term under the Submerged
  Lands Act (43 U.S.C. 1301 et seq.);
  `(3) `Secretary' means the Secretary of the Interior; and
  `(4) `new revenues' means:
  `(A) all bonuses paid as a result of lease sales conducted pursuant to
  the Outer Continental Shelf Lands Act on or after February 5, 1991;
  `(B) all rents and other moneys other than royalties payable to the Secretary
  on or after February 5, 1991, related to a lease issued pursuant to the
  Outer Continental Shelf Lands Act; and
  `(C) all royalties attributable to a well or mining operation from which
  production commenced on or after February 5, 1991, and payable to the
  Secretary under the Outer Continental Shelf Lands Act;
plus interest thereon.
`SEC. 203. COASTAL STATE AND COMMUNITY OUTER CONTINENTAL SHELF IMPACT
ASSISTANCE FUND.
  `(a) ESTABLISHMENT- There is established an interest bearing special account
  in the Treasury of the United States to be known as the Coastal State and
  Community Outer Continental Shelf Impact Assistance Fund (hereinafter in
  this Act referred to as `the Fund'). All payments made by the Secretary to
  carry out the provisions of this title shall be paid from the Fund, only
  to the extent provided for in appropriation Acts. Sums in the Fund which
  are not currently needed for the purposes of this title shall be kept
  on deposit or invested in obligations of, or guaranteed by, the United
  States. The Fund shall be available to the Secretary without fiscal year
  limitation as a special account for the purposes of carrying out this title.
  `(b) PAYMENTS TO FUND- Beginning in fiscal year 1992,  the Secretary shall
  pay into the Fund not later than sixty days after the end of the preceding
  fiscal year, an amount equal to 37.5 per centum of all new revenues,
  as defined herein, derived during the preceding fiscal year which are
  attributable to an Outer Continental Shelf lease any part of which is
  within 200 geographical miles of the coast line.
`SEC. 204. DISPOSITION OF FUND.
  `(a) STATE IMPACT ASSISTANCE- (1) Subject to appropriation, the Secretary
  shall transmit to the coastal State annually the revenues payable to such
  coastal State pursuant to this title, plus interest thereon.
  `(2) Subject to paragraph (3), the amounts to be paid to coastal States
  under this subsection shall be, with respect to any such State for any
  fiscal year, the sum of the amounts calculated, with respect to such State,
  pursuant to subparagraphs (A), (B), and (C):
  `(A) An amount which bears, to one-half of the amount appropriated for such
  fiscal year, the same ratio that the amount of Outer Continental Shelf
  acreage which is adjacent to such state and which is newly leased by the
  Federal Government in the immediately preceding fiscal year bears to the
  total amount of Outer Continental Shelf acreage which is newly leased by
  the Federal Government in such preceding year.
  `(B) An amount which bears, to one-quarter of the amount appropriated
  for such fiscal year, the same ratio that the volume of oil and natural
  gas produced in the immediately preceding fiscal year from the Outer
  Continental Shelf acreage which is adjacent to such state and which is
  leased by the Federal Government bears to the total volume of oil and
  natural gas produced in such year from all of the Outer Continental Shelf
  acreage which is leased by the Federal Government.
  `(C) An amount which bears, to one-quarter of the amount appropriated
  for such fiscal year, the same ratio that the volume of oil and natural
  gas produced from Outer Continental Shelf acreage leased by the Federal
  Government which is first landed in such state in the immediately preceding
  fiscal year bears to the total volume of oil and natural gas produced from
  all Outer Continental Shelf acreage leased by the Federal Government which
  is first landed in all of the coastal States in such year.
  `(3)(A)(i) After making the calculations required under paragraph (2)
  for any fiscal year, the Secretary shall--
  `(I) with respect to any coastal State which, based on such calculations,
  would receive an amount which is less than 2 per centum of the amount
  appropriated for such fiscal year, increase the amount payable to such
  coastal State to 2 per centum of such appropriated amount; and
  `(II) with respect to any coastal State which, in such fiscal year, would
  not receive a payment under paragraph (2), make a payment to such coastal
  State in an amount equal to 2 per centum of the total amount appropriated
  for making payments to all States under paragraph (2) in such fiscal year
  if any other coastal State in the same region will receive a payment
  under such paragraph in fiscal year, except that a coastal State shall
  not receive a payment under this clause unless the Secretary determines
  that it is being or will be impacted by activities conducted pursuant to
  a lease issued pursuant to the Outer Continental Shelf Lands Act.
  `(ii) For purposes of this subparagraph--
  `(I) the States of Connecticut, Delaware, Georgia, Maine, Maryland,
  Massachusetts, New Hampshire, New Jersey, New York, North Carolina,
  Pennsylvania, Rhode Island, South Carolina, and Virginia (the Atlantic
  Coastal States) shall constitute one `region';
  `(II) the States of Alabama, Florida, Louisiana, Mississippi, and Texas
  (the Gulf Coastal States) shall constitute one `region';
  `(III) the States of California, Hawaii, Oregon, and Washington (the
  Pacific Coastal States) shall constitute one `region'; and
  `(IV) the State of Alaska shall constitute one `region'.
  `(B) If, after the calculations required under subparagraph (A), the total
  amount of funds appropriated for making payments to coastal States in any
  fiscal year pursuant to this subsection is less than the total amount of
  payments payable to all coastal States in such fiscal year, there shall be
  deducted from the amount payable to each coastal State which will receive
  more than 2 per centum of the amount of funds so appropriated an amount
  equal to the product of--
  `(i) the amount by which the total amount of payments payable to all coastal
  States in such fiscal year exceeds the total amount of funds appropriated
  for making such payments; multiplied by
  `(ii) a fraction, the numerator of which is the amount of payments payable
  to such coastal State in such fiscal year reduced by an amount equal to 2
  per centum of the total amount appropriated for such fiscal year and the
  denominator of which is the total amount of payments payable to coastal
  States which, in such fiscal year, will receive more than 2 per centum
  of the amount of funds so appropriated, reduced by an amount equal to the
  product of 2 per centum of the total amount appropriated for such fiscal
  year multiplied by the number of such coastal States.
  `(C)(i) If, after the calculations required under subparagraph (B) for any
  fiscal year, any coastal State would receive an amount which is greater
  than 37.5 per centum of the amount appropriated for such fiscal year,
  the Secretary shall reduce the amount payable to such coastal State to
  37.5 per centum of such appropriated amount.
  `(ii) Any amount not payable to a coastal State in a fiscal year due to a
  reduction under clause (i) shall be payable proportionately to all coastal
  States which are to receive more than 2 per centum and less than 37.5 per
  centum of the amount appropriated for such fiscal year, except that in no
  event shall any coastal State receive more than an additional 3 per centum
  of such appropriated amount under this clause.
  `(iii) For purposes of this subparagraph, the term `payable proportionately'
  means payment in any fiscal year in accordance with the provisions of
  paragraph (2), except that in making calculations under such paragraph the
  Secretary shall only include those coastal States which are to receive more
  than 2 per centum and less than 37.5 per centum of the amount appropriated
  for such fiscal year.
  `(4) For purposes of making calculations under paragraph (2), Outer
  Continental Shelf acreage is adjacent to a particular coastal State if
  such acreage lies on that State's side of the extended lateral seaward
  boundaries of such State. The extended lateral seaward boundaries of a
  coastal State shall be determined as follows:
  `(A) If lateral seaward boundaries have been clearly defined or fixed by
  an interstate compact, agreement, or judicial decision (if entered into,
  agreed to, or issued before the date of the enactment of this paragraph),
  such boundaries shall be extended on the basis of the principles of
  delimitation used to so define or fix them in such compact, agreement,
  or decision.
  `(B) If no lateral seaward boundaries, or any portion thereof, have been
  clearly defined or fixed by an interstate compact, agreement, or judicial
  decision, lateral seaward boundaries shall be determined according to the
  applicable principles of law, including the principles of the Convention
  on the Territorial Sea and the Contiguous Zone, and extended on the basis
  of such principles.
  `(C) If, after the date of enactment of this paragraph, two or more coastal
  States enter into or amend an interstate compact or agreement in order to
  clearly define or fix lateral seaward boundaries, such boundaries shall
  thereafter be extended on the basis of the principles of delimitation used
  to so define or fix them in such compact or agreement.
  `(b) COUNTY AND COMMUNITY IMPACT ASSISTANCE- The revenues paid by the
  Secretary to a coastal State under subsection (a) shall be used by
  such State and its subdivisions, as the legislature of the State may
  direct, giving priority to those subdivisions of the State socially,
  environmentally, or economically impacted by development of minerals
  on the Outer Continental Shelf, for (i) planning, (ii) construction and
  maintenance of public facilities, (iii) environmental activities, and (iv)
  provision of public services.
`SEC. 205. RELATIONSHIP TO OTHER LAW.
  `The payment of funds pursuant to this title shall be in addition to any
  payments made to a State under any other provision of this Act or any
  other provision of law.'.
  SEC. 12102. REPORT ON THE AVAILABILITY OF THE OUTER CONTINENTAL SHELF
  FOR LEASING- (a) REPORT TO CONGRESS- Within six months after the date
  of enactment of this Act, the President shall submit a report to the
  Committee on Interior and Insular Affairs of the United States House
  of Representatives and the Committee on Energy and Natural Resources of
  the United States Senate containing the President's recommendations and
  findings regarding the availability of areas of the Outer Continental
  Shelf for oil and gas leasing, development and production.
  (b) REPORT CONTENTS- Such report shall contain but not be limited to the
  following findings and information:
  (1) oil and gas production potential on the Outer Continental Shelf
  by region;
  (2) historical data regarding oil and gas production on the Outer Continental
  Shelf by region;
  (3) the extent to which production from areas of the Outer Continental
  Shelf currently under (A) moratoria as a result of the decision of the
  President announced June 26, 1990, or (B) legislative moratoria would
  reduce United States dependence on oil from the Middle East and on oil
  produced by members of the Organization of Petroleum Exporting Countries;
  (4) a comparison by Outer Continental Shelf region and on a national
  basis of the number of oil spills and amount of spilled oil resulting
  from Outer Continental Shelf production and the number of oil spills and
  amount of spilled oil caused by vessels  transporting imported oil to the
  United States;
  (5) an estimate by region and on a national basis of the net change in
  the oil spill risk as imports of oil decrease in response to production
  from new leases on the Outer Continental Shelf;
  (6) at least one proposal for an alternative to the current Outer Continental
  Shelf process that would provide for a staged requirement for environmental
  information and public comment thereon at critical points in the leasing
  process and during the post-leasing exploration and development phases. Any
  such proposal shall assume that a potential lessee will be offered full
  rights to exploration and development at the time of lease sale subject to
  cancellation. Any proposal under this paragraph shall specify the criteria
  to be used for cancellation based on environmental considerations;
  (7) an analysis of the compensation criteria for OCS lease cancellation
  under current law, recommended changes thereto, and recommendations for
  any changes in such compensation under any proposal under paragraph (6); and
  (8) identification of gas prone areas under administrative or legislative
  moratoria.
  SEC. 12103. PROHIBITION OF LEASING AND PRELEASING ACTIVITY- The Secretary
  shall not prepare for or conduct any preleasing or leasing activity
  under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
  with respect to the area seaward from the State of California and the
  State of New Jersey until after January 1, 2000.
TITLE XIII--RESEARCH, DEVELOPMENT, DEMONSTRATION AND COMMERCIALIZATION
ACTIVITIES
  SEC. 13101. ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
  COMMERCIALIZATION PRIORITIES- The Secretary shall establish priorities for
  research, development, demonstration, and commercialization activities. These
  priorities shall include consideration of the following criteria--
  (1) the potential to increase the Nation's energy  independence and thus
  reduce reliance on imported oil;
  (2) the projected cost-effectiveness of the energy or   energy efficiency
  resource to be produced or saved,  including an evaluation of the likelihood
  of the activities  contributing to the achievement of commercialization
  of new  energy technologies;
  (3) the comparative environmental and public health   impacts of the energy
  to be produced or saved by the  specific activities;
  (4) the national security impact of the energy produced  or saved, including
  its projected contribution to the  reduction of oil imports and to the
  diversity of the  domestic energy resource mix;
  (5) 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, including, but not limited to, solar, fuel  cells,
  fusion, superconductivity, nuclear fission, electric power,  clean coal
  technologies, oil shale, oil and natural gas  recovery and utilization,
  and hydrogen;
  (6) the contribution of a given activity to fundamental  scientific
  knowledge;
  (7) the anticipated impact of the results of activities  on targeted
  industries and industrial and manufacturing  processes; and
  (8) the contribution to United States competitiveness.
  SEC. 13102. MANAGEMENT PLAN- (a) PLAN PREPARATION- The Secretary, in
  consultation with the Energy Advisory Board to the Secretary, shall prepare
  a management plan for the conduct of research, development, demonstration,
  and commercialization of energy technologies that is consistent with the
  purposes of this Act and guided by the priorities set forth in section 13101.
  (b) PROPOSALS- The management plan under subsection (a) shall contain
  proposals for--
  (1) investigation of promising energy and energy  efficiency resource
  technologies that have been identified  as potentially significant future
  contributors to national  energy security;
  (2) development of contingency energy and energy  efficiency resource
  technologies that have the potential to  reduce energy supply vulnerability,
  and to minimize adverse  impacts on the environment, the global climate,
  and the  economy; and
  (3) creation of opportunities for export of energy and  energy efficiency
  resource technologies from the United  States that can enhance the Nation's
  competitiveness;
  (c) PLAN SUBMISSION- Within one year after the date of  enactment of this
  section, the Secretary shall submit the first management plan under this
  section to Congress. Thereafter, the Secretary shall submit a revised
  management plan biennially at the time of submittal of the President's
  annual budget submission to the Congress.
  SEC. 13103. NATURAL GAS END-USE TECHNOLOGIES- (a) PROGRAM- The Secretary
  shall carry out a program to promote the development and commercialization
  of new and advanced natural gas utilization technologies including, but
  not limited to, the following areas--
  (1) stationary source emissions control and efficiency  improvements
  including combustion systems, industrial  processes, natural gas heating and
  cooling, cogeneration,  and cofiring natural gas with coal and waste fuels;
  (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;
  (3) transportation fuel alternatives and emissions  controls including
  natural gas vehicle commercialization and  infrastructure development
  (including home and commercial  compressors for natural gas vehicles)
  and advanced engines  and propulsion concepts; and
  (4) electrochemical energy conversion including the  commercialization
  of molten carbonate fuel cells and  phosphoric acid fuel cells and the
  development of advanced  natural gas-fired fuel cell technologies.
  (b) COOPERATIVE AGREEMENTS- The Secretary shall solicit proposals and may
  enter into cooperative agreements under this section.
  (c) COST-SHARING- (1) The Secretary shall require at least 50 per centum of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (d) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 13104. NATURAL GAS SUPPLY ENHANCEMENT- (a) PROGRAM- The Secretary shall
  carry out a program of research, development and demonstration to increase
  the recoverable natural gas resource base including, but not limited to,
  the following areas--
  (1) more intensive recovery of natural gas from discovered conventional
  resources;
  (2) economic recovery of unconventional natural gas resources, including gas
  from tight sands, eastern shales, and gas from less permeable formations,
  coal-bed methane and geopressurized reservoirs;
  (3) surface gasification of coal; and
  (4) recovery of methane from biofuels including municipal solid waste.
  (b) COOPERATIVE AGREEMENTS- The Secretary shall solicit proposals and may
  enter into cooperative agreements under this section.
  (c) COST-SHARING- (1) The Secretary shall require at least 50 per centum of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (d) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 13105. HIGH EFFICIENCY HEAT ENGINES- (a) PROGRAM- The Secretary
  shall carry out a program of research, development, demonstration, and
  commercialization on high efficiency heat engines, emphasizing advanced
  gas turbine cycles, and the incorporation of energy efficient materials
  in advanced gas turbine cycles for high efficiency electric and automotive
  power generation, such as--
  (1) advanced combined cycle turbines;
  (2) steam-injected gas turbines; and
  (3) intercooled steam-injected gas turbines.
  (b) JOINT VENTURES- The Secretary may enter into joint ventures with
  appropriate parties to construct and demonstrate high efficiency heat
  engines.
  (c) AUTHORIZATION- There is authorized to be appropriated not more than
  $25,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 13106. OIL SHALE RESEARCH AND DEVELOPMENT- (a) PROGRAM- (1) The
  Secretary shall carry out a research and development program on oil shale
  that includes applied research on eastern oil shale, in cooperation with
  universities and the private sector, that may have the potential to decrease
  United States dependence on energy imports.
  (2) As part of the program authorized in this section, 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 now engaged in research on eastern oil shale
  retorting and associated processes.
  (b) COST-SHARING- The program carried out under this section shall be
  cost-shared with universities and the private sector to the maximum extent
  possible.
  (c) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 13107. WESTERN OIL SHALE RESEARCH AND DEVELOPMENT- (a) PROGRAM-
  The Secretary shall carry out a program of research 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.
  (b) COST-SHARING- (1) The Secretary shall require at least 50 per centum of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (c) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 13108. HIGH-TEMPERATURE SUPERCONDUCTING ELECTRIC POWER SYSTEM- (a)
  PROGRAM- The Secretary shall carry out a program of research, development,
  and demonstration of a high-temperature superconducting electric power
  system. Elements of the program shall include, but are not limited to,
  the following--
  (1) 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;
  (2) development of prototypes based on high-temperature superconducting
  wire and refrigeration systems using cryocoolers or liquid cryogens such
  as nitrogen, with such prototype wires operating at temperatures between
  20 degrees Kelvin and 77 degrees Kelvin (-423 degrees Fahrenheit and -320
  degrees Fahrenheit), or higher if material developments permit; and
  (3) development of prototypes that are of sufficient operational capabilities
  to demonstrate the technology application and facilitate dual-use application
  in both the civilian commercial sector and the defense sector.
  (b) COOPERATIVE AGREEMENTS- In order to carry out the programs under
  this section, the Secretary shall solicit proposals and may enter into
  cooperative agreements under this section. The Secretary is also encouraged
  to expedite government, industry, and university collaborative agreements
  under existing mechanisms at the Department of Energy, in coordination
  with other Federal agencies.
  (c) COST-SHARING- (1) The Secretary shall require at least 50 percent of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (d) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 13109. RENEWABLE ENERGY RESEARCH AND DEVELOPMENT PROGRAMS- Section 4(c)
  of the Renewable Energy and Energy Efficiency Technology Competitiveness Act
  (Public Law 101-218) is amended by striking all after the first paragraph
  and inserting in lieu thereof the following:
  `(1) such sums as may be necessary for fiscal year 1992;
  `(2) such sums as may be necessary for fiscal year 1993; and
  `(3) such sums as may be necessary for fiscal year 1994.
`Each of the President's annual budget requests submitted to Congress after
the date of enactment of this Act shall include as separate line items each
of the categories of renewable energy programs described in this subsection.'.
  SEC. 13110. ENERGY EFFICIENCY RESEARCH AND DEVELOPMENT PROGRAMS- Section 5
  of the Renewable Energy and Energy Efficiency Technology Competitiveness Act
  (Public Law 101-218) is amended by striking all after the first paragraph
  and inserting in lieu thereof the following:
  `(1) such sums as may be necessary for fiscal year 1992;
  `(2) such sums as may be necessary for fiscal year 1993; and
  `(3) such sums as may be necessary for fiscal year 1994.'.
  SEC. 13111. NATURAL GAS AND ELECTRIC HEATING AND COOLING TECHNOLOGIES-
  (a) PROGRAM- (1) The Secretary shall expand the program of research,
  development, and demonstration for natural gas and electric heating and
  cooling technologies for residential and commercial buildings.
  (2) The natural gas heating and cooling program shall increase research
  on thermally-activated heat pumps including absorption heat pumps and
  engine-driven heat pumps.
  (3) The electric heating and cooling program shall increase research on--
  (A) advanced heat pumps;
  (B) thermal storage; and
  (C) advanced electrically driven HVAC (heating,  ventilating, and air
  conditioning) and refrigeration systems  that utilize replacements for
  chlorofluorocarbons, including  HCFC-22.
  (b) COST-SHARING- (1) The Secretary shall require at least 50 percent of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (c) AUTHORIZATION- There is authorized to be appropriated not more than
  $15,000,000 for each of the fiscal years 1992, 1993, and 1994 for purposes
  of this section in addition to current authorizations.
  SEC. 13112. FUSION- (a) PROGRAM- The Secretary shall carry out a research,
  development, and demonstration program on fusion energy that is structured
  in a way that will lead to commercial demonstration of the technological
  feasibility of fusion energy for the production of electricity after the
  year 2010.
  (b) COMPREHENSIVE MANAGEMENT PLAN- (1) Within 180 days after the date of
  enactment of this section, the Secretary shall prepare a comprehensive
  management plan for research, development, and demonstration of fusion
  energy, including milestones and schedules for technology development and
  estimates of budget and program management resource requirements.
  (2) 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 make efforts to strengthen existing
  international cooperative agreements in fusion energy or enter into new
  cooperative agreements to accomplish the purposes of this section.
  (3) The plan shall also evaluate to what extent university or private
  sector participation is appropriate or necessary in order to carry out
  the purposes of this section.
  (c) COST-SHARING- (1) The Secretary shall require at least 50 percent of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (d) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 13113. ELECTRIC VEHICLE, ELECTRIC-HYBRID VEHICLE, 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
  vehicles, electric-hybrid vehicles, and associated equipment. Such program
  shall be conducted in cooperation with the electric utility industry,
  the automobile industry, battery manufacturers, and such other persons as
  the Secretary considers appropriate.
  (b) COOPERATIVE AGREEMENTS- The Secretary, consistent with the comprehensive
  plan under subsection (c), 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 vehicle range improvement
  and light-weight body  structures for electric vehicle weight reduction; and
  (2) advanced batteries with high energy density and  power density, and
  improved range or recharging cycles for a  given unit weight for electric
  vehicle application.
  (c) COMPREHENSIVE PLAN- (1) The Secretary shall prepare a comprehensive
  five-year program plan for carrying out the purposes of this section. Such
  program plan shall be updated annually for a period of not less than ten
  years after the date of enactment of this Act.
  (2) The program 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 vehicle and electric-hybrid vehicle manufacturers, the
  United States automobile industry, and such other persons as the Secretary
  deems appropriate.
  (3) The comprehensive plan shall include--
  (A) a prioritization of research areas critical to the  commercialization
  of electric vehicles and electric-hybrid  vehicles, including advanced
  battery technology;
  (B) the program elements, management structure, and  activities, including
  program responsibilities of individual  agencies and departments;
  (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 plan for each of the participating
  agencies or  departments;
  (E) a description of the methods of technology  transfer;
  (F) the proposed participation by non-Federal entities  in the planning
  and implementation of the plan; and
  (G) such other information as the Secretary deems  appropriate.
  (4) Not later than one hundred and eighty days after the date of enactment
  of this Act, the Secretary shall transmit the comprehensive program plan to
  the United States House of Representatives and the Committee on Energy and
  Natural Resources of the United States Senate. Such plan shall be updated
  annually as specified in subsection (c)(1).
  (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 (b).
  (2) Thereafter, the Secretary may solicit additional proposals for
  cooperative agreements under subsection (b) if, in the judgment of the
  Secretary, such cooperative agreements could contribute to the development
  of electric vehicles or electric-hybrid vehicles and associated equipment.
  (e) COST-SHARING- (1) The Secretary shall require at least 50 per centum of
  the costs directly and specifically related to any cooperative agreement
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (f) DEPLOYMENT- (1) The Secretary shall conduct a program designed to
  accelerate deployment of advanced energy storage systems, including advanced
  battery technologies, for use with electric vehicles and electric-hybrid
  vehicles.
  (2) In carrying out the program authorized by this subsection, the
  Secretary shall--
  (A) undertake an inventory and assessment of advanced  energy storage
  systems, including advanced battery  technologies, electric vehicle
  technologies and electric-hybrid technologies and their commercial
  capability; and
  (B) develop a Federal industry information exchange  program to improve the
  deployment or use of such  technologies. The information exchange program
  may consist  of workshops, publications, conferences, and a data base for
  use by the public and private sectors.
  (g) COMPLIANCE WITH EXISTING LAW- Nothing in this section 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. As used in this section,
  `antitrust laws' means those Acts set forth in section 1 of the Clayton Act
  (15 U.S.C. 12), as amended.
  (h) DEFINITIONS- For purposes of this section, the term--
  (1) `advanced battery' means an electro-chemical  storage device, including
  fuel cells, and associated  technology necessary to charge, discharge,
  recharge or  regenerate such electro-chemical storage device, for use as
  a source of power for an electric vehicle, an electric-hybrid vehicles,
  and any other associated equipment of an  electric vehicle;
  (2) `associated equipment' means that equipment  necessary for the
  regeneration, refueling or recharging of  batteries or other forms of
  electric energy used to power an  electric vehicle and, in the case of
  electric-hybrid  vehicles, that equipment necessary for the application
  or  use of the nonelectric source of power in such vehicles;
  (3) `electric vehicle' means a vehicle powered by an  electric motor that
  draws current from rechargeable storage  batteries, fuel cells, or other
  source of electric current;  and
  (4) `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
  nonelectrical  source of power.
  (i) AUTHORIZATION- There is authorized to be appropriated to the Secretary
  (in addition to any amounts made available pursuant to other law) for each
  of the fiscal years 1992, 1993, and 1994 such sums as may be necessary to
  carry out the purposes of this section.
  SEC. 13114. ADVANCED OIL RECOVERY RESEARCH, DEVELOPMENT AND DEMONSTRATION-
  (a) PROGRAM- The Secretary shall carry out a national program of research,
  development and demonstration to increase the economic recoverability of
  domestic oil resources. Such program shall address both advanced secondary
  oil recovery and tertiary oil recovery and shall include but not be limited
  to the following areas--
  (1) transfer of proven recovery technologies to  producers and operators
  of wells that would otherwise be  likely to be abandoned in the near term
  due to declining  production;
  (2) development, field testing, and transfer of  recovery technologies to
  operators of wells in high priority  reservoirs ranked primarily on the
  basis of oil recovery  potential and risk of abandonment; and
  (3) the identification and development of new recovery  techniques.
  (b) COOPERATIVE AGREEMENTS- The Secretary may enter into cooperative
  agreements with producers, service companies, and technical support
  organizations for field demonstration projects to be undertaken on a
  cost-shared basis under this section.
  (c) COST-SHARING--(1) The Secretary shall require at least 50 per centum of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (d) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 13115. TAR SANDS- (a) POLICY- It is the policy of the United States
  to promote the development and production, by all means consistent with
  sound engineering and environmental practices, of deposits of tar sands.
  (b) DEFINITION- The term `tar sand' means any consolidated or unconsolidated
  rock (other than coal, oil shale, or gilsonite) that either: (1) contains
  a hydrocarbonaceous material with a gas-free viscosity, at original
  reservoir temperature, greater than 10,000 centipoise; or (2) contains a
  hydrocarbonaceous material and is produced by mining or quarrying.
  (c) STUDY- The Secretary, in consultation with the Secretary of the Interior,
  shall submit a study to the United States House of Representatives and
  the Committee on Energy and Natural Resources of the United States Senate
  within one year from the date of enactment of this Act. Such study shall
  identify and evaluate the development potential of sources of tar sands in
  the United States. The study shall also identify and evaluate processes for
  extracting oil from the identified tar sands sources, including existing
  tar sands waste tailings, and evaluate the environmental benefits of, and
  the potential for co-production of minerals and metals from, such processes.
  (d) AUTHORIZATION- There is authorized to be appropriated such sums as
  may be necessary for each of the fiscal years 1992 and 1993 to carry out
  the purposes of this section.
  SEC. 13116. 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.
  SEC. 13117. STUDY OF MINIMIZATION OF 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 viability of existing
  technologies for this purpose and an assessment of the extent of research
  and development required for new technologies.
  (b) AUTHORIZATION- There is authorized to be appropriated such sums as
  may be necessary to carry out the purposes of this section.
  SEC. 13118- NUCLEAR WASTE MANAGEMENT PLAN- (a) PREPARATION AND SUBMISSION
  OF REPORT- The Secretary, in consultation with the Nuclear Regulatory
  Commission and the Environmental Protection Agency, shall prepare and submit
  to Congress a report on whether current programs and plans for management of
  nuclear waste as mandated by the Nuclear Waste Policy Act of 1982 (Public
  Law 97-425; 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 enactment of this Act. The Secretary shall prepare this report
  for submission to the President and the Congress within a year after the
  date of enactment of this Act. The report shall examine any new relevant
  issues related to management of spent fuel and high-level nuclear waste that
  might be raised by the addition of new nuclear-generated electric capacity,
  including anticipated increased volumes of spent fuel or high-level 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 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- There is authorized to be appropriated such sums as
  may be necessary to carry out the purposes of this section.
  SEC. 13119. 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 is authorized to be appropriated such sums as
  may be necessary to carry out the purposes of this section.
TITLE XIV--COAL, COAL TECHNOLOGY AND ELECTRICITY
Subtitle A--Coal and Coal Technology
  SEC. 14101. COAL RESEARCH, DEVELOPMENT AND DEMONSTRATION PROGRAM- (a)
  ESTABLISHMENT- (1) The secretary, in consultation with the National Coal
  Council and other representatives of the public as the Secretary deems
  necessary, shall, in accordance with the Federal Nonnuclear Energy Research
  and Development Policy Act of 1974 (42 U.S.C. 5901-5920), conduct a research,
  development, and demonstration program within the Department of Energy
  for advanced coal-based technologies with the goals and objectives of--
  (A) achieving the control of sulfur oxides, oxides of  nitrogen, or
  air toxics at levels of proficiency greater  than currently available
  commercial technology;
  (B) achieving the cost competitive conversion of coal  into energy forms
  usable in the transportation sector;
  (C) demonstrating the conversion of coal to synthetic  gaseous, liquid,
  and solid fuels; and
  (D) 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.
  (2) The coal technology development program shall also be designed to
  assure the timely development of cost-effective technologies or energy
  production processes or systems utilizing coal which achieve greater
  efficiency in the conversion of coal to useful energy when compared to
  currently available commercial technology for the use of coal and the
  control of emissions from the combustion of coal. Such program shall be
  designed to assure the availability for commercial use of such technologies
  by the year 2010. As part of such program, the Secretary shall consider
  the potential benefits of conducting additional solicitations pursuant to
  the Clean Coal Program established by Public Law 98-473 and is authorized
  to carry out such additional solicitations.
  (b) REPORT- Within two hundred and forty days after the date of enactment
  of this Act the Secretary shall transmit to the United States House of
  Representatives and the Committee on Energy and Natural Resources of the
  United States Senate a report which shall include--
  (1) a detailed description of ongoing research and  development activities
  regarding advanced 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
  program established by this  section;
  (3) 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 assure the
  timely  demonstrations of advanced coal-based technologies by the  year
  2010 and assure that the goals established by this  section are achieved; and
  (4) a detailed plan for conducting the research,  development and
  demonstration program 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; and
  (B) the technical milestones to be achieved with respect to each of the
  advanced coal-based technologies included in the plan.
  (c) ANNUAL REPORT- Within twelve months after submittal of the report
  described in subsection (b) of this section, and every twelve months
  thereafter for a period of five years, the Secretary shall submit 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, and demonstration activities undertaken to carry out the
  program required by this section.
  (d) DEFINITION- As used in this section, the term `advanced coal-based
  technologies' means, but is not limited to, the following--
  (1) advanced integrated gasification combined cycle;
  (2) pressurized fluidized bed combustion technology  capable of achieving
  higher thermal conversion efficiency  than can be achieved through ongoing
  demonstration projects;
  (3) direct and indirect coal-fired turbines;
  (4) coal refining processes, including coke production,  capable of (A)
  efficiently producing or utilizing the energy  contained in coal and coal
  byproducts, (B) upgrading  gaseous, liquid and solid coal byproducts into
  products with  higher economic value, and (C) utilizing the products and
  byproducts of such processes;
  (5) magnetohydrodynamics;
  (6) molten carbonate and solid oxide fuel cells;
  (7) cofiring coal with non-coal fuels including natural  gas;
  (8) coal liquefaction processes; and
  (9) other coal-based technologies or processes or  systems that are capable
  of achieving thermal conversion  efficiencies equal to or greater than
  fifty percent.
  (e) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14102. NON-FUEL USE OF COAL- (a) PLAN- Not later than one hundred and
  twenty days after the date of enactment of this Act, the Secretary shall
  submit to Congress a plan for research, development, and demonstration
  with respect to technologies for 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) JOINT VENTURES- As part of the plan under subsection (a), the Secretary
  may propose specific joint ventures to accelerate the development and
  commercialization of technologies for nonfuel uses of coal.
  (c) PLAN CONTENTS- The plan under subsection (a) shall address and evaluate--
  (1) the known and potential products and processes for  the use of coal
  for products in the chemical, utility, fuel,  steel, 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 the refining of coal and coal  byproducts to produce
  nonfuel products;
  (4) the economics of co-production of products from  coal in conjunction
  with production of electric power,  thermal energy, and fuel;
  (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 research  results produced by the research
  program recommended; and
  (7) the past development, current status, and future  potential of coal
  products and processes associated with  nonfuel use of coal.
  (d) RESEARCH AND DEVELOPMENT- The Secretary shall conduct a program of
  research and development under the plan under subsection (a).
  (e) FINANCIAL ASSISTANCE- The Secretary may provide financial assistance
  for a research project under this section to the extent the Secretary
  finds that such project--
  (1) furthers achievement of the goals and purposes of  this Act;
  (2) offers promise for commercial application; and
  (3) has a reasonable prospect of support in at least 50  percent of its
  direct costs from non-Federal funds.
  (f) CONSULTATION- In preparing the plan and carrying out research under
  this section, including evaluating the technical progress, feasibility, and
  most effective means for utilizing the results of research, the Secretary
  shall consult with the private sector.
  (g) AUTHORIZATION- There is authorized to be appropriated a total of
  $20,000,000 for fiscal years 1992 through 1994 to carry out the purposes
  of this section.
  SEC. 14103. COAL REFINING PROGRAM- (a) PROGRAM- The Secretary, in
  consultation with the National Coal Council, shall, in accordance with
  the Federal Nonnuclear Energy Research and Development Policy Act of 1974
  (42 U.S.C. 5901-5920), conduct a research, development, demonstration,
  and commercialization program for coal refining technologies, including
  technologies for refining high sulfur coals, low sulfur coals, sub-bituminous
  coals and lignites to produce clean-burning transportation fuels, or
  compliance boiler fuels, or both, fuel additives, lubricants, chemical
  feedstocks, and carbon-based manufactured products, either alone or along
  with electricity, more economically and efficiently than can be produced
  utilizing currently available commercial technology. The goals of the coal
  refining technology development program shall be designed to assure--
  (1) the timely development of technologies, including  direct and indirect
  liquefaction processes and other energy  production processes or systems
  to produce coal-derived  fuels and coproducts;
  (2) 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;
  (3) reduction in the cost of producing such coal-derived fuels and
  coproducts;
  (4) the control of emissions from the combustion of  coal-derived fuels, and;
  (5) the availability for commercial use of such  technologies by the
  year 2000.
  (b) REPORT AND PLAN- Within one hundred and twenty days after the date of
  enactment of this Act the Secretary shall transmit to the United States
  House of Representatives and the Committee on Energy and Natural Resources
  of the United States Senate a report which shall include--
  (1) a detailed description of ongoing research and  development activities
  regarding coal refining 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 detailed plan for conducting the research,  development, demonstration,
  and commercialization program 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; and
  (B) the technical milestones to be achieved with respect to each of the
  coal refining technologies included in the plan;
  (c) DEMONSTRATION PROJECTS- Within twelve months after the submittal of the
  report described in subsection (b) of this section, the Secretary shall
  solicit proposals from appropriate parties and may thereafter enter into
  agreements with such parties to undertake commercial scale demonstration
  projects of coal refining processes. In designing the solicitation under
  this subsection, and taking into consideration the goals of subsection
  (a) of this section, the Secretary shall--
  (1) establish technology classes for the various coal  refining processes;
  (2) enter into agreements for the construction of not  more than one
  project per technology class, but in no event less than two commercial
  scale projects for the program in total;
  (3) require that each project has a reasonable prospect  of commencing
  operation by January 1, 2000.
  (d) COST-SHARING- (1) The Secretary shall require at least 50 per centum of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (e) ANNUAL REPORT- Within twelve months after the date of enactment of
  this Act, and every twelve months thereafter for a period of five years,
  the Secretary shall submit to the Congress a report that provides a detailed
  description of the status of development of coal refining technologies and
  the research, development, demonstration, and commercialization activities
  undertaken to carry out the program required by this section.
  (f) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14104. UNDERGROUND COAL GASIFICATION- (a) PROGRAM- The Secretary shall
  conduct a research, development, and demonstration 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 shall solicit proposals for at least one demonstration
  project of underground coal gasification technology and may provide
  financial assistance for any project that has a reasonable expectation to
  fulfill the goal and objective of subsection (a).
  (c) COST-SHARING- (1) The Secretary shall require at least 50 per centum of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (d) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14105. LOW-RANK COAL RESEARCH AND DEVELOPMENT- (a)  PROGRAM- 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.
  (b) IMPLEMENTATION- In carrying out this program, the Secretary shall
  enter into contracts, cooperative agreements and jointly sponsored research
  programs with, and provide grants to, qualified persons and use any other
  means deemed appropriate by the Secretary.
  (c) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14106. MAGNETOHYDRODYNAMICS- (a) PROGRAM- The Secretary shall carry
  out a proof-of-concept program in magnetohydrodynamics. The purpose of
  this program shall be to prove the adequacy of the engineering and design
  information required to successfully design, construct, and operate an MHD
  retrofit plant based upon conceptual designs of a `MHD Retrofit System to
  a Coal Fired Generating Plant,' which have been completed under Department
  of Energy contracts.
  (b) SOLICITATION OF PROPOSALS- In order to carry out the program authorized
  in subsection (a), the Secretary shall solicit proposals from the private
  sector and seek to enter into an agreement with appropriate parties.
  (c) COST-SHARING- (1) The Secretary shall require at least 50 per centum of
  the costs directly and specifically related to any demonstration project
  under this section, including cash, personnel, services, equipment, and
  other resources, to be provided from non-Federal sources.
  (2) The Secretary may reduce the amount of costs required to be provided by
  any non-Federal person under paragraph (1) upon application if the Secretary
  determines that the reduction is necessary and appropriate considering
  the technological risks involved in the project and is necessary to meet
  the objectives of this section.
  (d) EXTENSION OF PROGRAM- The Secretary may extend if necessary the
  completion date for the proof-of-concept program to September 30, 1995.
  (e) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14107. COAL FIRED LOCOMOTIVES- (a) The Secretary shall conduct a
  research, development, and demonstration program for utilizing `ultra-clean
  coal-water slurry' in diesel locomotive engines. The program shall address,
  but not be limited to, the following--
  (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.
  (b) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14108. COAL EXPORTS- (a) PLAN- Within one hundred and eighty days after
  the date of enactment of this section, the Secretary, in consultation with
  the Secretary of Commerce, the Secretary of the Interior, the Secretary
  of State, and the United States Trade Representative, shall submit to the
  United States House of Representatives and the Committee on Energy and
  Natural Resources of the United States Senate, a plan for expanding the
  export of United States coal.
  (b) PLAN CONTENTS- Such plan shall include--
  (1) identification of the location, size and projected growth in potential
  foreign markets for coal produced in the United States;
  (2) identification by country of the existence of barriers to United
  States coal exports, including foreign  coal production and utilization
  subsidies, tax treatment,  labor practices, tariffs, quotas, and other
  nontariff  barriers;
  (3) recommendations and an action plan for addressing  any such barriers;
  (4) an evaluation of existing United States  infrastructure, and any
  new infrastructure requirements  within the United States to support an
  expansion of United  States coal exports, including ports, vessels, rail
  lines,  and any other supporting infrastructure; and
  (5) identification of opportunities for blending United  States coal
  exports with coal indigenous to the importing  country to enhance energy
  efficiency and environmental  performance.
  (c) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14109. CLEAN COAL TECHNOLOGY EXPORT COORDINATING COUNCIL- (a)
  ESTABLISHMENT- There shall be established a Clean Coal Technology Export
  Coordinating Council (hereinafter `Council') which shall seek to facilitate
  and expand the export and use of clean coal technologies. The Council
  shall place a priority on the export and use of clean coal technologies
  in lesser-developed countries.
  (b) MEMBERSHIP- The Council shall consist of the Secretary, who shall
  serve as its chairperson, the Secretary of Commerce, the Secretary of
  State (including a designee from each of the Agency for International
  Development and the Trade and Development Program), the Administrator
  of the Environmental Protection Agency, the Secretary of the Treasury,
  the President and Chairman of the Export-Import Bank and the President
  and Chief Executive Officer of the Overseas Private Investment Corporation.
  (c) CONSULTATION- In undertaking its responsibilities, the Council shall
  consult with representatives from the United States coal industry, 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, and other appropriate interested members of the public.
  (d) DUTIES- In furthering the purposes of this section, the Council shall,
  through the Department and other member agencies, exercise such authorities
  as may be available to it to--
  (1) facilitate the establishment of technical training  for the
  consideration, planning, construction and operation  of clean coal
  technologies by local users and international  development personnel;
  (2) cause to be established within existing departments  and agencies
  financial assistance programs, including  grants, loan guarantees,
  and no interest and low-interest  loans, to support pre-feasibility and
  feasibility studies  for projects that will utilize clean coal technologies
  and  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 execute programs, including the  establishment of financial
  incentives, to encourage and  support private sector efforts to export
  clean coal  technologies that are developed, manufactured or controlled
  by United States firms;
  (4) encourage the training 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 of the World Bank and other  international lending
  institutions, commercial and energy  attaches at embassies of the United
  States, and such other  personnel as the Council deems appropriate, for the
  purposes  of providing information about clean coal technologies to  foreign
  governments or potential project sponsors of clean  coal technologies;
  (6) augment budgets for trade and development programs  supported by
  member agencies of the Council for the purpose  of supporting financially
  pre-feasibility or feasibility  studies for projects that will utilize
  clean coal  technologies;
  (7) review ongoing clean coal technology projects and  review and approve
  planned clean coal technology projects,  which are sponsored abroad by
  any Federal Government agency  to determine whether such projects are
  consistent with the  overall goals and objectives of this section;
  (8) coordinate the activities of the member agencies of  the Council in
  order to assure that policies of the Council  are implemented in a timely
  fashion; and
  (9) undertake such other actions or activities,  consistent with existing
  law and regulations, as may, in the  judgment of the Secretary, be necessary
  to achieve the  purposes of this section.
  (e) DATA AND INFORMATION- The Council shall be responsible for the
  development of a comprehensive data base and information dissemination system
  relating to the availability of clean coal technologies and an ongoing
  assessment of the potential need for such technologies particularly in
  lesser developed countries. The Council shall provide a country-by-country
  assessment of the potential for the use of clean coal technology. Such
  assessment shall include an analysis of the financing requirements to install
  such clean coal technology and whether such clean coal project is dependent
  upon foreign financial assistance, 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, the priority of environmental
  considerations in the selection of the electric generating technology
  and the technical competence of those entities likely to be involved
  in the planning and operation of the electric generating facility. The
  Council shall make such information available to industry, Federal and
  international financing organizations, nongovernmental organizations,
  officials in countries where such clean coal technologies might be utilized
  and such others as the Council deems necessary. In developing this data
  base and ongoing assessment, the Council shall consult with the Committee
  on Renewable Energy Commerce and Trade.
  (f) PLAN- Within one hundred and eighty days after the Secretary submits
  the report to the Congress as required by section 409 of Public Law
  101-549, the Council, in consultation with those persons referenced in
  subsection (c) of this section, shall provide to the United States House
  of Representatives and the Committee on Energy and Natural Resources
  of the United States 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 shall specifically address
  the adequacy of financial assistance available from Federal departments and
  agencies and international financing organizations to aid in the financing
  of pre-feasibility and feasibility studies and projects that would utilize
  a clean coal technology in lesser developed countries.
  (g) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14110. COAL FUEL MIXTURES- Within one year following the date of
  enactment of this Act, the Secretary shall submit a report to the United
  States House of Representatives and the Committee on Energy and Natural
  Resources of the United States 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. 14111. NATIONAL CLEARING HOUSE- (a) ESTABLISHMENT OF CLEARING HOUSE-
  (1) The Secretary shall establish a national clearing house for the exchange
  and dissemination of technical information on technology relating to coal
  and coal-derived fuels.
  (2) In establishing a clearing house pursuant this section, the Secretary
  shall, among other things;
  (A) collect 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) disseminate to appropriate individuals,  governmental departments,
  agencies, and instrumentalities,  institutions of higher education, and
  other entities,  information and data collected pursuant to this provision;
  (C) maintain a complete library of technology  publications and treatises
  relating to technology  information and data collected pursuant to this
  provision;
  (D) organize and conduct 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) gather 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) translate into English foreign research papers,  articles, seminar
  proceedings, test results that affect, or  could affect, clean coal use
  technology, and other  documents;
  (G) encourage, during the testing of technologies, the  use of coal from
  a variety of domestic sources, and collect  or develop, or both, complete
  listings of test results using  coals from all sources;
  (H) establish and maintain an index or compilation of  research projects
  relating to clean coal technology carried  out throughout the world; and
  (I) conduct economic modeling for feasibility of  projects.
  (3) INSTITUTIONS OF HIGHER EDUCATION- The Secretary may select two
  institutions of higher education to manage and coordinate the clearing
  house activities. In selecting such institutions, one shall be located in
  a western coal producing State and one shall be located in an eastern coal
  producing State.
  (b) GRANTS- In carrying out the provisions of this section, the Secretary
  may enter into agreements with, and make grants to, the two institutions
  of higher education selected pursuant to paragraph (3) of subsection
  (a). Any such grant may be made at such time or times, in such amount,
  and subject to such terms and conditions as the Secretary may prescribe.
  (c) COORDINATION WITH OTHER FEDERAL ENTITIES- In carrying out the provisions
  of this section, the Secretary shall, from time to time, consult and
  coordinate his activities with other appropriate Federal departments,
  agencies and instrumentalities.  All Federal departments, agencies, and
  instrumentalities shall cooperate to the fullest extent possible with the
  Secretary to enable him to carry out the provisions of this section.
  (d) FUNDING FROM NON-FEDERAL SOURCES- The Secretary may solicit and accept
  donations from non-Federal sources to assist in defraying expenses incurred
  in carrying out the provisions of this section.
  (e) AUTHORIZATION- There is authorized to be appropriated such sums as may
  be necessary for each of the fiscal years 1992, 1993, and 1994 to carry
  out the purposes of this section.
  SEC. 14112. STUDY OF UTILIZATION OF COAL COMBUSTION BYPRODUCTS- (a)
  DEFINITIONS- 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. When utilized as a product, as an ingredient
  thereof, or as a raw material, or when handled, transported or stockpiled
  for such utilization, these byproducts are considered product materials.
  (b) FINDINGS- With respect to utilization of coal combustion byproducts,
  the Congress makes the following findings:
  (1) Coal combustion byproducts have commercial applications, including
  construction of bridges, highways, airports, dams, tunnels, buildings,
  reclamation projects, and numerous other technically proven commercial
  applications.
  (2) The Environmental Protection Agency has reported to Congress that
  utilization of coal combustion byproducts has been done in an environmentally
  safe manner.
  (3) The use of coal combustion byproducts in an environmentally safe manner
  is beneficial to society in the following respects--
  (A) it conserves energy since these materials are  byproducts of the
  combustion process, require no additional  energy to produce, and thus
  conserve the energy necessary to  extract and produce virgin materials;
  (B) it conserves natural resources by substituting for  virgin materials
  such as sand, gravel and soil;
  (C) it lowers electricity costs to ratepayers by  producing revenues from
  the sale of the byproducts and by  avoiding disposal costs;
  (D) it conserves land resources by avoiding the need  for disposal
  facilities; and
  (E) it provides superior quality construction materials  at lower cost.
  (4) The Federal and State governments are in a position to encourage the
  utilization of coal combustion byproducts.
  (c) 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, that 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 twelve months after the date of enactment of this Act,
  the Secretary shall submit a report to Congress containing the results of
  the study required by paragraph (1) and the Secretary's recommendations
  for actions 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, and (C) procurement by
  departments and agencies of the Federal Government, by State and local
  governments, and in federally funded or federally subsidized procurement
  by the private sector.
  SEC. 14113. ESTABLISHMENT OF DATA BASE AND STUDY OF COAL TRANSPORTATION
  RATES- (a) ESTABLISHMENT OF DATA BASE- The Secretary shall establish a data
  base containing, to the maximum extent practicable, all transportation
  rates for rail, pipeline, truck, conveyor belt, barge and other modes
  of transporting domestic coal during the period January 1, 1988 through
  December 31, 1997. The confidentiality of contract rates shall be preserved
  and public access to the data base shall be provided under appropriate terms
  and conditions that protect the confidentiality of specific contract rates.
  (b) STUDY OF COAL TRANSPORTATION RATES- The Secretary shall study the rates
  and distribution patterns of domestic coal to determine the impact of the
  Clean Air Act as amended by the Clean Air Act Amendments of 1990 (Public
  Law 101-549) and other Federal policies on such rates and distribution
  patterns. The study shall consider, among other factors--
  (1) the extent to which coal transportation rate increases occur as a
  result of the enactment of the Clean  Air Act and other Federal policies;
  (2) any increases or decreases in the revenue to  variable cost ratios of
  railroad coal transportation rates  during the period of the study and the
  percentage of the  delivered price of coal to electric generating facilities
  that is attributable to coal transportation rates, during  this period;
  (3) any changes in the distribution patterns of coal  among the various
  regions of the Nation during the study  period; and
  (4) any electricity rate increases or decreases in the  various regions
  of the Nation during the period of study  that are attributable to coal
  transportation costs.
  (c) REPORTS TO CONGRESS- The Secretary shall submit an interim report
  to Congress on January 1, 1993, and a final report to Congress, together
  with any recommendations, on January 1, 1995. The Secretary shall submit
  an additional report to Congress, with recommendations, on January 1,
  1998. The Administrator of the Energy Information Administration and the
  Chairmen of the Federal Energy Regulatory Commission and the Interstate
  Commerce Commission shall cooperate fully with the Secretary in the
  development of the data base and studies authorized by this section.
Subtitle B--Electricity
  SEC. 14202. EXCESS CAPACITY STUDY- The Secretary shall study and report
  to Congress by June 30, 1992, on any physical impediments to the transfer
  of excess electrical energy from regions of the country having surpluses
  to regions of the country having shortages and the reasons therefor.
  SEC. 14203. 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. 14204. CLEAN COAL TECHNOLOGY REGULATORY INCENTIVES- (a) DEFINITION-
  For purposes of this section, the term `clean coal technology' means
  any technology, including technologies applied at the precombustion,
  combustion, or postcombustion stage, at a new or existing facility which
  will achieve significant reductions in air emissions of sulfur dioxide
  or oxides of nitrogen associated with the utilization of coal in the
  generation of electricity, process steam, or industrial products, which
  is not in widespread use as of the date of enactment of this title.
  (b) FEDERAL RATE INCENTIVES- (1) Within twenty-four months after enactment
  of this section, the Federal Energy Regulatory Commission shall complete a
  rulemaking to establish a demonstration program for regulatory incentives
  to promote the development of clean coal technologies and other innovative
  control technologies that limit power plant emissions. The regulatory
  incentives shall include--
  (A) establishment of an incentive rate of return for  clean coal or other
  innovative emission control technologies  that recognizes their inherent
  risk; and
  (B) allowance of a ten- to twenty-year amortization  period to recover
  the capital costs of a clean coal or other  innovative emission control
  technology.
  (2) The Federal Energy Regulatory Commission demonstration program is
  subject to the following--
  (A) the program initially will have a five-year life;
  (B) the program will cover no more than four units in  each technology
  class; and
  (C) the technology classes eligible for the program  should be reasonably
  likely to realize significant cost  reductions when employed.
  (3) At the end of the five-year demonstration program, the Federal Energy
  Regulatory Commission shall review the merits of the program and determine
  whether it should be extended or made permanent.
  (c) FERC PREAPPROVAL OF PRUDENCE FOR CLEAN COAL TECHNOLOGY COSTS-
  The Federal Energy Regulatory Commission shall establish a process for
  negotiating with potential developers of clean coal technology or other
  innovative control technology projects to agree upon cost caps for future
  projects and preapproval of the prudency of expenses for those projects
  if the expenses fall within the agreed-upon cap.
  (d) PRIORITY FOR UNITS LOCATED IN STATES WITH INCENTIVE PROGRAMS- To the
  extent practicable, the Federal Energy Regulatory Commission shall, in the
  selection of units which will be provided incentive rate treatment under
  subsections (b) or (c), give priority to units located in states where--
  (1) the State regulatory commission with jurisdiction  over the retail
  rates of the utility seeking such incentive  rate treatment has approved
  comparable incentives for  inclusion in the utility's retail rates,
  or, if the utility  makes no retail sales, where comparable retail rate
  treatment has been approved for other utilities which make  retail sales
  in the State or States in which the wholesale  customers of the utility
  seeking such incentive rate treatment are located; and
  (2) the State regulatory commission accords, to the  extent relevant and
  within its jurisdiction, similar  incentives to noninvestor-owned utilities
  on a basis no less  favorable than that accorded to investor-owned utilities
  within its jurisdiction.
  (e) ENCOURAGEMENT OF STATE INCENTIVE PROGRAMS- (1) Because the use of
  clean coal technologies is in the Nation's interest, States, including
  their agencies and political subdivisions which regulate public utility
  rates and charges, are encouraged to provide additional incentives for
  their implementation. Those incentives may include, but are not limited to--
  (A) preapproval of recovery of capital costs and other  expenses, within
  reasonable bounds agreed upon before  project construction;
  (B) elimination of retroactive `used and useful'  reviews for clean coal
  technologies;
  (C) rapid amortization of clean coal technology  expenditures; and
  (D) immediate recovery of a portion of clean coal  technology expenses
  through a fuel adjustment clause or by  some other method.
  (2) REPORT OF THE SECRETARY- (A) Within one year after the date of enactment
  of this Act, the Secretary shall report to Congress on his progress in
  encouraging State regulatory authorities to provide regulatory incentives to
  utilities to invest in clean coal technologies. Such report shall include
  detailed information on programs initiated by the Department of Energy to
  encourage such State action and shall describe any regulatory incentives that
  have been adopted by States as a result of actions taken by the Secretary.
  (B) The report required under subparagraph (A) shall also include
  recommendations, if any, on further action that could be taken by the
  Department of Energy, other Federal agencies, or the Congress in order to
  encourage State regulatory authorities to provide regulatory incentives.
TITLE XV- PUBLIC UTILITY HOLDING COMPANY ACT REFORM
  SEC. 15101. EXEMPT WHOLESALE GENERATORS- (a) DEFINITIONS- For purposes of
  this title, the term--
  (1) `exempt wholesale generator' means any person who: (A) is engaged
  directly, or indirectly through one or more affiliates of such person, as
  defined under section 2(a)(11)(B) of the Public Utility Holding Company Act
  of 1935 (15 U.S.C. 79b(a)(11)(B)), 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, but such
  term excludes an affiliate of a registered holding company which was in
  existence as of the date of enactment of this title, unless the Commission
  has consented to such affiliate being an exempt wholesale generator; and
  (B) provides notice to the Commission, in such form as the Commission may
  prescribe, that such person is an exempt wholesale generator;
  (2) `eligible facility' means a facility, wheresoever located, used for the
  generation of electric energy exclusively for sale at wholesale, including
  inter-connecting transmission facilities necessary to effect such sale at
  wholesale, but shall exclude any facility for which consent is required
  under subsection (c) if such consent has not been obtained. For purposes
  of this definition, the term `facility' shall include a portion of a
  facility and shall include a facility the construction of which has not
  been commenced or completed;
  (3) `sale of electric energy at wholesale' shall have the same meaning
  as provided in section 201(d) of the Federal Power Act, as amended (16
  U.S.C. 824(d));
  (4) `retail rates and charges' means rates and charges for the sale of
  electric energy directly to consumers;
  (5) `Commission' means the Securities and Exchange Commission; and
  (6) `the Act' means the Public Utility Holding Company Act of 1935, as
  amended (15 U.S.C. 79 et seq.).
  (b) APPLICABILITY OF DEFINITIONS IN PUHCA- All of the terms used in this
  title and defined in the Act shall have the same meanings as defined therein.
  (c) STATE CONSENT FOR ELIGIBLE 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 title,
  in order for the facility to be considered an eligible facility consent
  must be obtained from every State commission having jurisdiction over any
  such rate or charge: 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:
  (1) consent 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 (2)
  the approval of the Commission under the Act shall not be required for
  the transfer of the facility to an exempt wholesale generator.
  (d) EXEMPTION OF EWGS FROM PUHCA- An exempt wholesale generator shall not
  be considered an electric utility company under section 2(a)(3) of the Act
  and, whether or not a subsidiary company, an affiliate, or an associate
  company of a holding company, shall be exempt from all provisions of the Act.
  (e) OWNERSHIP OF EWGS BY EXEMPT HOLDING COMPANIES- Notwithstanding any
  provision of the Act, 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 exempt
  wholesale generators.
  (f) OWNERSHIP OF EWGS BY REGISTERED HOLDING COMPANIES- Notwithstanding any
  provision of the Act and the Commission's jurisdiction as provided under
  subsection (g) 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 the Act), to acquire
  and hold the securities, or an interest in the business, of one or more
  exempt wholesale generators.
  (g) 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 (f) 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 the Act:
  Provided, That--
  (1) section 11 of the 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; and
  (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.
  SEC. 15102. 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,
  as amended (16 U.S.C. 796 (17)(C)(ii) and 796(18)(B)(ii)).
  SEC. 15103. PREVENTION OF STRANDED INVESTMENT- The Federal Energy
  Regulatory Commission shall not approve a rate or charge for the sale
  of electric energy at wholesale by an exempt wholesale generator if such
  sale of electric energy would result in a State commission not permitting
  such purchaser to recover in retail rates and charges any portion of its
  capital investment in an electric generation facility:
  (a) which facility was under construction as of the date of enactment of
  this section; or
  (b) upon which portion such purchaser has previously been permitted to
  earn a rate of return in retail rates and charges subject to such State
  commission's jurisdiction.
  SEC. 15104. PREVENTION OF SHAM WHOLESALE TRANSACTIONS- The Federal Energy
  Regulatory Commission shall not approve a rate or charge for the sale of
  electric energy at wholesale by an exempt wholesale generator if:
  (a) such electric energy would be resold by the purchaser to any electric
  consumer; and
  (b) the purchaser: (1) is not a municipal electric system, state power
  authority, electric power cooperative or a public utility under State law;
  or (2) would not utilize transmission or distribution facilities owned by
  such purchaser to deliver all such electric energy to such electric consumer.
  SEC. 15105. PROTECTION AGAINST ABUSE OF AFFILIATE RELATIONSHIPS- A rate or
  charge for the sale of electric energy at wholesale in interstate commerce
  by an exempt wholesale generator shall not be considered just and reasonable
  within the meanings of sections 205 and 206 of the Federal Power Act (16
  U.S.C. 824d and 824e) if the rate or charge allows the exempt wholesale
  generator to receive undue advantage resulting from the fact that the
  purchaser of such electric energy is an affiliate or associate company of
  such exempt wholesale generator.
  SEC. 15106. STATE AUTHORITY- Section 209 of the Federal Power Act (16
  U.S.C. 824h) is amended by adding at the end the following new subsection:
  `(d)(1) Except as set forth in paragraph (2), nothing in this Act shall
  limit the authority of a State commission in accordance with State law to
  allow or disallow on grounds of prudence or imprudence the inclusion of the
  costs of electric energy purchased at wholesale in retail rates subject to
  such State commission's jurisdiction: Provided, That at the request of a
  utility which has been offered a sale of electric energy at wholesale from
  an exempt wholesale generator, any State commission with jurisdiction over
  the retail rates of such utility shall determine the prudence or imprudence
  of the utility's proposed action with regard to the offer in advance of
  the effective date of the action, and such determination shall be binding
  upon the State commission for purposes of the inclusion in retail rates.
  `(2) An order by the Commission accepting or establishing as just
  and reasonable the terms of an agreement for the sale and purchase or
  interchange of electric energy among affiliates of a registered holding
  company shall preempt the authority of any State commission to determine
  the prudence of any purchase of electric energy pursuant to that agreement.
  `(3) Paragraph (2) shall not apply to: (A) the purchase of electric
  energy at wholesale by an affiliate of a registered holding company from
  an exempt wholesale generator; or (B) the purchase of electric energy at
  wholesale by an affiliate of a registered holding company from a person
  other than an exempt wholesale generator when the economic substance of
  such purchase amounts to an indirect purchase of electric energy from an
  exempt wholesale generator. For purposes of this subsection (d), energy
  purchased by an affiliate of a registered holding company as a result of
  the operation of an integrated holding company shall not be deemed to be
  an indirect purchase of electric energy from an exempt wholesale generator.
  `(4) For purposes of this subsection the term--
  `(A) `exempt wholesale generator' has the  same meaning as provided in
  title XV of the National  Energy Security Act of 1991;
  `(B) `affiliate' and `registered holding  company' have the same meanings
  as provided in the  Public Utility Holding Company Act of 1935;
  `(C) `purchase of electric energy at  wholesale' means a purchase of
  electric energy by any  person for resale; and
  `(D) `retail rates' means rates and charges  for the sale of electric
  energy to consumers.'.
  SEC. 15107. 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- The Public Utility Regulatory Policies Act of
  1978 (Public Law 95-617), as amended, is further amended by inserting the
  following new paragraph at the end of section 111:
  `(8) 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
  incremental electric demand, such authority shall:
  `(i) perform a general evaluation of 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) perform a general evaluation of any negative  or positive effects on
  the reliability of electric  service provided by such utilities that may
  result from  purchases of long term wholesale power supplies from   sellers
  that have capital structures which employ   proportionally greater amounts
  of debt than the capital  structures of such utilities;
  `(iii) consider whether the use by exempt  wholesale generators (as defined
  in title XV of the  National Energy Security Act of 1991) of capital
  structures employing less than 35 percent equity  threatens reliability
  or provides an unfair advantage  for exempt wholesale generators over
  such utilities;
  `(iv) implement procedures for the advance  approval or disapproval of the
  purchase of a particular  long term wholesale power supply which procedures
  reflect the results of evaluations under clauses (i),  (ii) and (iii) ; and
  `(v) require as a condition for the approval of  the purchase of a particular
  long term wholesale power  supply that the seller have, and continue to have,
  access to sources of fuel on terms and conditions  adequate to provide
  reasonable assurance of the  seller's ability to perform its obligations
  under the  terms of the contract for the sale of such power  supply.
  `(B) For purposes of implementing the provisions of this paragraph, any
  reference contained in this title 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 the National Energy Security Act of 1991.'.
  SEC. 15108. STATE COMMISSION ACCESS TO EWG BOOKS AND REOCRDS- (a) REQUIREMENT
  TO PROVIDE BOOKS AND RECORDS- Before commencing any sale of electric energy
  to an electric utility company, an exempt wholesale generator shall make
  available to each affected State commission relevant financial and other
  records of the exempt wholesale generator. The records to be provided
  hereunder shall be specified by the affected State commission and may
  include: (1) all books and records which the exempt wholesale generator
  would be required to furnish under State law if such company were an
  electric utility company making retail sales subject to the jurisdiction
  of such affected State commission; (2) all contracts to which the exempt
  wholesale generator is a party relating to the financing, construction or
  operation of eligible facilities used to produce electric energy sold or to
  be sold by such exempt wholesale generator; and (3) any other records or
  information relevant to the exercise of such affected State commission's
  authority: Provided, That nothing in this section shall require an exempt
  wholesale generator to provide the records or information of any person
  other than such exempt wholesale generator. All records and information
  provided hereunder shall be open to public inspection, and shall be subject
  to subpoena and other process of law, to the same extent and in the same
  manner as comparable records and information of electric utility companies
  under applicable law: Provided further, That trade secrets and other
  sensitive commercial information shall be exempt from public disclosure
  or disclosure to potential competitors of such exempt wholesale generator
  by an affected State commission and shall not be provided to a State
  commission unless such commission has in place procedures for protecting
  the confidentiality of such information.
  (b) AFFECTED STATE COMMISSION- For purposes of this section, with respect
  to a particular exempt wholesale generator an `affected State commission'
  means any State commission:
  (1) having authority over the retail rates of an  electric utility company
  to which such exempt wholesale  generator sells electric energy;
  (2) having authority over the retail rates of an  electric utility company
  which is an affiliate of such  exempt wholesale generator; or
  (3) having authority over the retail rates of an  electric utility company
  which is an associate company  of such exempt wholesale generator and
  which is a  subsidiary company of a holding company that is exempt  under
  section 3 of the Act.
  (c) NONPREEMPTION OF STATE LAW- Nothing in this section shall preempt
  applicable State law concerning the provision of records and other
  information.
TITLE XVI--STRATEGIC PETROLEUM RESERVE
  SEC. 16101. OIL SECURITY PROTECTION- (a) Title I of the Energy Policy and
  Conservation Act (Public Law 94-163; 42 U.S.C. 6201) is amended--
  (1) in section 152, by striking `and part C' and  inserting in lieu thereof
  `, part C, and part D' in the  material preceding paragraph (1);
  (2) by redesignating part D as part E;
  (3) by redesignating section 181 as section 191; and
  (4) by adding the following new part after part C:
`Part D--Additional Oil Security Protection
`SHORT TITLE
  `SEC. 181. This part may be cited as the `Strategic Petroleum Reserve
  Enhancement Act of 1991'.
`PURPOSES
  `SEC. 182. The purposes of this part are to--
  `(1) complete, at the earliest practicable date, storage of seven hundred
  and fifty million barrels of petroleum products in the Strategic Petroleum
  Reserve;
  `(2) facilitate progress, as rapidly as practicable, toward establishment
  of a one billion barrel Strategic Petroleum Reserve;
  `(3) authorize establishment of a Defense Petroleum Inventory of at least
  ten million barrels of petroleum products;
  `(4) initiate, at the earliest practicable date, the acquisition of petroleum
  product pursuant to section 171 of the Energy Policy and Conservation Act
  of 1990;
  `(5) acquire by purchase, exchange, or other arrangement, from one or
  more foreign governments, petroleum products for storage in the Strategic
  Petroleum Reserve or the Defense Petroleum Inventory; and
  `(6) provide the President with broad and flexible authority to achieve
  these objectives.
`COMPLETION OF 750 MILLION BARREL RESERVE
  `SEC. 183. (a) The President shall initiate such actions as are necessary
  to complete storage of seven hundred and fifty million barrels of petroleum
  products in the Strategic Petroleum Reserve at the earliest practicable
  time. Such actions may include the alternatives in section 185.
`ENLARGEMENT OF RESERVE BEYOND 750 MILLION BARRELS
  `SEC. 184. The President shall initiate such actions as are necessary to
  enlarge the Strategic Petroleum Reserve to one billion barrels as rapidly
  as possible. Such actions may include--
  `(1) either of the alternatives described in section 185;  and
  `(2) the contracting for petroleum products for storage in  facilities
  not owned by the United States.
`ACQUISITION OF PETROLEUM PRODUCTS
  `SEC. 185. (a) The President, acting through the Secretary of Energy, may--
  `(1) acquire by purchase, exchange, or other arrangement,  from one or more
  foreign governments, without the necessity  for competitive procurement,
  petroleum products for storage  in the Strategic Petroleum Reserve or the
  Defense Petroleum  Inventory; and
  `(2) contract, without regard to sections 171(b)(2)(B) and  173 of the
  Energy Policy and Conservation Act (42 U.S.C.  6349(b)(2)(B)), or to the
  restrictions which Public Law 101-512 imposes on the leasing of crude oil,
  for storage in  the Strategic Petroleum Reserve or the Defense Petroleum
  Inventory of petroleum products owned by one or more foreign  governments.
  `(b) 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 those activities,
  in advance of the receipt of petroleum products.
  `(c) For the purpose of this part, the term `foreign government' means
  a foreign government, a foreign State-owned oil company, or an agent
  of either.'.
  (b) Part B of title I of the Energy Policy and Conservation Act (Public
  Law 94-163; 42 U.S.C. 6215 et seq.) is amended by adding after section
  167 the following new section:
`DEFENSE PETROLEUM INVENTORY
  `SEC. 168. (a) Notwithstanding any other provision of this part, the
  Secretary may--
  `(1) acquire or construct, operate and maintain storage and  facilities
  associated with a Defense Petroleum Inventory of  at least ten million
  barrels of crude oil to meet petroleum  product requirements of the
  Department of Defense; and
  `(2) acquire and store crude oil therein.
  `(b)(1) The acquisition and storage of crude oil in the Defense Petroleum
  Inventory shall be in addition to any acquisition or storage of crude oil
  for the Strategic Petroleum Reserve required by any other law, and crude
  oil acquired and stored under this section shall not be counted as part
  of the Strategic Petroleum Reserve.
  `(2) In carrying out the functions authorized by this section, the Secretary
  may exercise any authority available under this part.
  `(c)(1) Notwithstanding any other provision of this part, upon the request
  of the Secretary of Defense, crude oil acquired for or dedicated by the
  Defense Petroleum Inventory shall be drawn down and distributed by the
  Secretary to, or on behalf of, the Department of Defense for use, sale,
  or exchange. Crude oil in the Defense Petroleum Inventory may be drawn
  down and distributed, used, sold, or exchanged, without regard to--
  `(A) whether the crude oil has been commingled with  petroleum products
  of the Strategic Petroleum Reserve;
  `(B) the requirements of this part concerning drawdown of  the Strategic
  Petroleum Reserve; or
  `(C) otherwise applicable Federal contracting statutes and  regulations.
  `(2) The Secretary of Energy shall exercise the authority provided by
  this subsection in a manner which does not adversely affect drawdown of
  the Strategic Petroleum Reserve.
  `(d) Upon the request of the Secretary of Defense, and subject to the
  availability of funds from the Department of Defense, the Secretary shall
  acquire and store in the Defense Petroleum Inventory crude oil to replace
  crude oil drawn down under subsection (c).
  `(e) An amendment to the Strategic Petroleum Reserve Plan relating to the
  exercise of this authority shall not be required.
  `(f) The Department of Defense shall reimburse the Secretary of Energy for--
  `(1) all costs of acquiring and storing crude oil in the Defense Petroleum
  Inventory, including the cost of associated facilities construction;
  `(2) drawdown and distribution services provided under this section,
  in amounts that the Secretary determines to be reasonable; and
  `(3) all costs of acquiring crude oil for the Strategic Petroleum Reserve
  to replace crude oil drawn down and distributed under subsection (c).
  `(g) Crude oil acquired for the Defense Petroleum Inventory under subsection
  (a) shall be transferred to the Strategic Petroleum Reserve, pursuant
  to subsection (f)(3), in reimbursement on a barrel-for-barrel basis for
  the cost of replacement petroleum products acquired for the Strategic
  Petroleum Reserve.'.
  (c) The table of contents of the Energy Policy and Conservation Act
  (Public Law 94-163) is amended--
  (1) by inserting after the item for section 167 the following item:
`Sec. 168. Defense Petroleum Inventory.';
  (2) by inserting at the end of the items for part C of Title I the
  following items:
`Part D--Additional Oil Security Protection
`Sec. 181. Short title.
`Sec. 182. Purposes.
`Sec. 183. Completion of 750 million barrel reserve.
`Sec. 184. Enlargement of reserve beyond 750 million barrels.
`Sec. 185. Acquisition of petroleum products.';
  (3) by redesignating Part D in the items for title I as part E; and
  (4) by redesignating the item for section 181 as the  item for section 191.
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