The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept. of Energy was published in the Senate section on pages S2595-S2598 on April 11, 2002.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 3114. Mrs. FEINSTEIN proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
Beginning on page 195, strike line 19 and all that follows through page 196, line 4, and insert the following:
``(B) Petitions for waivers.--
``(i) In general.--The Administrator, in consultation with the Secretary of Agriculture and the Secretary of Energy, shall approve or disapprove a State petition for a waiver of the requirement of paragraph (2) within 30 days after the date on which the petition is received by the Administrator.
``(ii) Failure to act.--If the Administrator fails to approve or disapprove a petition within the period specified in clause (i), the petition shall be deemed to be approved.
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SA 3115. Mrs. FEINSTEIN (for himself and Mrs. Boxer) proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
On page 189, line 3, strike ``2004'' and insert ``2005''.
On page 189, line 5, strike ``2004'' and insert ``2005''.
On page 189, line 8, strike ``2004'' and insert ``2005''.
On page 189, in the table between lines 10 and 11, strike the item relating to calendar year 2004.
On page 193, line 10, strike ``2004'' and insert ``2005''.
On page 194, line 21, strike ``2004'' and insert ``2005''.
On page 196, line 17, strike ``2004'' and insert ``2005''.
On page 197, line 4, strike ``2004'' and insert ``2005''.
On page 199, line 4, strike ``2004'' and insert ``2005''.
On page 199, line 17, strike ``2004'' and insert ``2005''.
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SA 3116. Mr. VOINOVICH (for himself and Ms. Landrieu) submitted an amendment intended to be proposed to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; which was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION H--MISCELLANEOUS
TITLE __--INTEGRATED REVIEW OF ENERGY DELIVERY SYSTEMS
SEC. __01. SHORT TITLE.
This title may be cited as the ``Integrated Review of Energy Delivery Systems Act of 2002''.
SEC. __02. AUTHORIZATION AND ENVIRONMENTAL REVIEW OF ENERGY
DELIVERY SYSTEMS UNDER FEDERAL LAW.
(a) Definitions.--In this section:
(1) Applicant.--The term ``applicant'' means a person that applies for, or submits notice of intent to apply for, an authorization required under Federal law for an energy delivery system.
(2) Authorization.--The term ``authorization'' means a license, permit, exemption, or other form of authorization or reauthorization, for a construction, operation, or maintenance activity.
(3) Electricity transmission facility.--
(A) In general.--The term ``electricity transmission facility'' means a facility used in the transmission of electricity in interstate or foreign commerce.
(B) Inclusions.--The term ``electricity transmission facility'' includes a transmission line, substation, or other facility necessary to the delivery of electricity.
(C) Exclusion.--The term ``electricity transmission facility'' does not include a generation facility.
(4) Energy delivery system.--The term ``energy delivery system'' means an oil and gas pipeline or pipeline system, or an electricity transmission facility, for which an authorization issued by 1 or more Federal agencies is required under Federal law.
(5) Integrated review process.--The term ``integrated review process'' means the coordinated environmental review and authorization process described in subsection (c)(2)(B) for construction, operation, or maintenance of an energy delivery system.
(6) Lead agency.--The term ``lead agency'' means the Federal agency designated under subsection (c)(1) to conduct any environmental review, prepare any environmental review document, and carry out any other activity that--
(A) is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) relates to construction, operation, or maintenance of an energy delivery system.
(7) Oil and gas pipeline or pipeline system.--
(A) In general.--The term ``oil and gas pipeline or pipeline system'' means each part of a physical facility through which crude oil, petroleum product, or natural gas moves in transportation in interstate or foreign commerce.
(B) Inclusions.--The term ``oil and gas pipeline or pipeline system'' includes--
(i) a pipe, valve, or other appurtenance attached to a pipe;
(ii) a compressor unit;
(iii) a metering station;
(iv) a regulator station;
(v) a delivery station;
(vi) a holder; and
(vii) a fabricated assembly.
(C) Exclusions.--The term ``oil and gas pipeline or pipeline system'' does not include a production or refining facility.
(8) Participating agency.--The term ``participating agency'' means a Federal or State agency that has authority to issue an authorization, or impose a condition on an authorization, for an energy delivery system under Federal law, or to participate in an environmental review relating to construction, operation, or maintenance of the energy delivery system, but that is not the lead agency with respect to construction, operation, or maintenance of the energy delivery system.
(b) Purpose.--The purpose of this section is to promote the timely completion of authorizations and environmental reviews under Federal law relating to construction, operation, or maintenance of energy delivery systems consistent with the public safety, energy efficiency, and socioeconomic values of--
(1) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(2) other Federal laws that further the purposes of that Act.
(c) Integrated Review Process.--
(1) Designation of lead agency.--
(A) Primarily responsible federal agency.--In any case in which a single Federal agency has primary authority to issue an overall authorization for an energy delivery system under Federal law (such as the Federal Energy Regulatory Commission with respect to interstate natural gas pipelines), that Federal agency shall be the lead agency in conducting any environmental review, preparing any environmental review document, and carrying out any other activity that--
(i) is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(ii) relates to construction, operation, or maintenance of an energy delivery system.
(B) Multiple responsible federal agencies.--In any case in which no single Federal agency has primary authority to issue an overall authorization for an energy delivery system under Federal law, but more than 1 Federal or State agency has authority to issue an authorization for the energy delivery system under Federal law--
(i) the applicant may request that the Federal agencies with that authority designate a lead agency to conduct any environmental review, prepare any environmental review document, and carry out any other activity that--
(I) is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(II) relates to construction, operation, or maintenance of an energy delivery system; and
(ii)(I) the Federal agencies shall jointly designate 1 of the Federal agencies as the lead agency, taking into account--
(aa) the extent of the involvement of each Federal agency in issuing the authorization for the energy delivery system; and
(bb) the expertise of each Federal agency concerning the energy delivery system; or
(II) if the Federal agencies do not make a joint designation under subclause (I) by the date that is 30 days after the date of the request by the applicant under clause
(i), the Council on Environmental Quality established by title II of the National Environmental Policy Act of 1969 (42 U.S.C. 4341 et seq.) shall designate, not later than 45 days after the date of the request by the applicant under clause
(i), 1 of the Federal agencies as the lead agency.
(2) Federal agency responsibilities.--
(A) Single environmental review.--
(i) Duties of lead agency.--The lead agency shall--
(I) conduct any environmental review and prepare any environmental review document that--
(aa) is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or other Federal law; and
(bb) relates to construction, operation, or maintenance of an energy delivery system;
(II) in any case in which an activity described in subclause (I) is carried out by the applicant or a third-party contractor, evaluate, and approve or complete, the activity; and
(III) communicate with other agencies, establish deadlines, and carry out any other activity required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(ii) Duties of participating agencies.--Each participating agency with respect to the energy delivery system shall--
(I)(aa) provide to the lead agency input that relates to the environmental review and other activities described in clause (i) and focuses on direct project impacts; and
(bb) submit data based on sound science necessary to substantiate that input; and
(II) in issuing the authorization for which the participating agency has authority, rely on the activities described in clause (i) carried out, approved, or completed by the lead agency for the energy delivery system.
(B) Integration of federal environmental review and authorization process.--
(i) In general.--In consultation with each participating agency, the lead agency shall--
(I) develop and implement a single coordinated and timely process that provides such environmental review as is required under Federal law for construction, operation, or maintenance of an energy delivery system; and
(II) ensure, to the maximum extent practicable, the integration with that environmental review process of all relevant Federal, State, and local environmental protection requirements applicable to the energy delivery system.
(ii) Activities to be integrated.--The integrated review process shall integrate--
(I) the preparation of an environmental impact statement, or, at the discretion of the lead agency, the preparation of an environmental assessment, if such a statement or assessment is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(II) the conduct of any other review, analysis, opinion, or determination, and the issuance of any authorization, required under Federal law.
(iii) Consideration of alternatives.--
(I) Proposal.--The lead agency shall ensure that the applicant has the opportunity to propose an alternative to a condition that a Federal agency seeks to impose on an authorization.
(II) Consideration.--The lead agency shall give special consideration to an alternative that would--
(aa) cost less to implement; or
(bb) result in improved energy values from the energy delivery system.
(C) Deadlines.--
(i) Establishment by lead agency.--The lead agency shall establish deadlines for--
(I) completion of environmental reviews, environmental review documents, and other activities required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for construction, operation, or maintenance of an energy delivery system; and
(II) issuance of all authorizations required under Federal law for the energy delivery system.
(ii) Compliance by participating agencies.--
(I) In general.--Each participating agency with respect to the energy delivery system shall comply with each deadline established under clause (i).
(II) Effect of failure to comply.--If a participating agency fails to comply with a deadline established under clause (i), the input of the participating agency with respect to the energy delivery system under subparagraph
(A)(ii)--
(aa) shall be advisory; and
(bb) shall be taken into account at the discretion of the lead agency and only to the extent that taking the input into account does not delay issuance of an authorization for the energy delivery system.
(iii) Minimization of duplication and delays.--The integrated review process shall seek to minimize--
(I) duplication of activities carried out by the lead agency and the participating agencies; and
(II) delays in decisionmaking by those agencies.
(D) Communication between agencies.--
(i) Duties of lead agency.--
(I) In general.--With respect to an application for an authorization for an energy delivery system, the lead agency shall--
(aa) identify each participating agency;
(bb) notify each participating agency of the development of the application and of the role of the lead agency;
(cc) request input by each participating agency concerning the application; and
(dd) enter into a memorandum of understanding with all participating agencies concerning the issues to be considered by the lead agency and the participating agencies in conducting the integrated review process with respect to the application.
(II) Deadline.--The lead agency shall carry out subclause
(I) not later than--
(aa) if the lead agency is designated under paragraph
(1)(A), 45 days after the earlier of the date on which the applicant requests that the lead agency carry out the activities described in subclause (I) or the date on which the applicant submits the application to the lead agency; or
(bb) if the lead agency is designated under paragraph
(1)(B), 45 days after the date of the designation.
(ii) Duties of participating agencies.--Unless otherwise required by law, each participating agency shall--
(I) communicate with the lead agency at the earliest practicable time concerning any potential issues relating to, or impediment to, the issuance of the authorization to the applicant;
(II) commit to early and continuous involvement and concurrence at key decision points as determined by the lead agency; and
(III) refrain from raising any additional issues with respect to an application after the date of execution of the memorandum of understanding concerning the application under clause (i)(I)(dd).
(3) Public participation.--
(A) In general.--The lead agency, in conjunction with each State affected by an application for an authorization for an energy delivery system--
(i) shall provide for early environmental screening to identify and address any environmental concerns associated with the authorization for the energy delivery system; and
(ii) to the extent practicable, shall ensure public participation early in the integrated review process.
(B) Presentation of information.--Under subparagraph
(A)(ii), the lead agency shall ensure that the presentation of environmental information to the public is informative and understandable.
(4) Dispute resolution.--If the lead agency finds that an environmental concern relating to an authorization for an energy delivery system over which a participating agency has jurisdiction under Federal law has not been resolved, the lead agency, in consultation with the Council on Environmental Quality and the head of the participating agency, shall resolve the matter not later than 30 days after the date of the finding.
(d) Delegation From Participating Agency to Lead Agency.--Notwithstanding any other provision of law, with the agreement of the lead agency, the head of any participating agency may delegate to the lead agency the authority to issue any authorization for an energy delivery system or a class of energy delivery systems.
(e) Participation of State Agencies.--A State agency that has jurisdiction under State law (which jurisdiction has not been preempted by Federal law) over siting, construction, or operation of energy delivery systems may elect to participate in an integrated review process under the terms and conditions established by the lead agency for all Federal agencies that participate in the integrated review process.
(f) Federal Delegation to States.--
(1) In general.--At the request of a Governor of a State, and with the concurrence of an applicant, the lead agency may delegate to an appropriate State agency the authority to prepare an environmental impact statement or an environmental assessment relating to construction, operation, or maintenance of an energy delivery system if--
(A) such an environmental impact statement or environmental assessment is required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(B)(i) the energy delivery system is located entirely within the State; and
(ii) the State agency has sufficient expertise concerning energy delivery systems to prepare the environmental impact statement or environmental assessment;
(C) the responsible Federal official of the lead agency provides guidance and participates in the preparation of the environmental impact statement or environmental assessment by the State agency;
(D) the responsible Federal official independently evaluates any environmental impact statement or environmental assessment prepared by the State agency before the statement or assessment is approved; and
(E) the responsible Federal official--
(i) provides early notification to and solicits the views of any other affected State or any affected Federal land management entity of any action or alternative to the action that may have a significant impact on the State or the Federal land management entity; and
(ii) if the State agency disagrees with the assessment of the responsible Federal official with respect to an impact described in clause (i), prepares a written assessment of the impact for incorporation into the environmental impact statement or environmental assessment prepared by the State agency.
(2) Effect on other responsibilities and statements.--Nothing in paragraph (1)--
(A) relieves the responsible Federal official referred to in that paragraph of--
(i) any responsibility of the official for the scope, objectivity, or content of the environmental impact statement referred to in that paragraph; or
(ii) any other responsibility of the official under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or
(B) affects the legal sufficiency of any environmental impact statement prepared by a State agency with less than statewide jurisdiction.
(g) Financial Assistance.--To ensure that the policies of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other laws that further the purposes of that Act are most effectively implemented, the lead agency may make funds available to the Governor of a State that assumes responsibility for environmental review that would otherwise be conducted by the lead agency.
(h) Preemption.--Nothing in this section preempts any Federal or State law relating to siting, construction, or operation of energy delivery systems.
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SA 3117. Mr. DODD (for himself and Mr. McConnell) proposed an amendment to the bill S. 565, to require States and localities to meet uniform and nondiscriminatory election technology and administration requirements applicable to Federal elections, to establish grant programs to provide assistance to States and localities to meet those requirements and to improve election technology and the administration of Federal elections, to establish the Election Administration Commission, and for other purposes; as follows:
Amend the title to read as follows: ``A bill to require States and localities to meet uniform and nondiscriminatory election technology and administration requirements applicable to Federal elections, to establish grant programs to provide assistance to States and localities to meet those requirements to improve election technology and the administration of Federal elections, to establish the Election Administration Commission, and for other purposes.''.
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SA 3118. Mr. DODD (for himself and Mr. McConnell) proposed an amendment to the bill H.R. 3295, to require States and localities to meet uniform and nondiscriminatory election technology and administration requirements applicable to Federal elections, to establish grant programs to provide assistance to States and localities to meet those requirements and to improve election technology and the administration of Federal elections, to establish the Election Administration Commission, and for other purposes; as follows:
Amend the title to read as follows: ``A bill to require States and localities to meet uniform and nondiscriminatory election technology and administration requirements applicable to Federal elections, to establish grant programs to provide assistance to States and localities to meet those requirements and to improve election technology and the administration of Federal elections, to establish the Election Administration Commission, and for other purposes.''.
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SA 3119. Mr. BINGAMAN (for Mr. Rockefeller) proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
On page 564, after line 2, insert the following:
``SEC. 1506. FEDERAL MINE INSPECTORS.
``In light of projected retirements of Federal mine inspectors and the need for additional personnel, the Secretary of Labor shall hire, train, and deploy such additional skilled mine inspectors (particularly inspectors with practical experience as a practical mining engineer) as necessary to ensure the availability of skilled and experienced individuals and to maintain the number of Federal mine inspectors at or above the levels authorized by law or established by regulation.''.
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SA 3120. Mr. BINGAMAN (for Mr. Levin (for himself, Mr. DeWine, and Ms. Stabenow)) proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
At the end of title XVII, insert the following:
SEC. 17___. STUDY OF NATURAL GAS AND OTHER ENERGY
TRANSMISSION INFRASTRUCTURE ACROSS THE GREAT
LAKES.
(a) Definitions.--In this section:
(1) Great lake.--The term ``Great Lake'' means Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, Lake Ontario (including the Saint Lawrence River from Lake Ontario to the 45th parallel of latitude), and Lake Superior.
(2) Secretary.--The term ``Secretary'' means the Secretary of Energy.
(b) Study.--
(1) In general.--The Secretary, in consultation with representatives of appropriate Federal and State agencies, shall--
(A) conduct a study of--
(i) the location and extent of anticipated growth of natural gas and other energy transmission infrastructure proposed to be constructed across the Great Lakes; and
(ii) the environmental impacts of any natural gas or other energy transmission infrastructure proposed to be constructed across the Great Lakes; and
(B) make recommendations for minimizing the environmental impact of pipelines and other energy transmission infrastructure on the Great Lakes ecosystem.
(2) Advisory committee.--Not later than 30 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academy of Sciences to establish an advisory committee to ensure that the study is complete, objective, and of good quality.
(c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the findings and recommendations resulting from the study under subsection (b).
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SA 3121. Mr. BINGAMAN (for Mr. Schumer) proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
On page 408, line 8, strike ``technologies.'' and insert
``technologies; and
(3) the use of high temperature superconducting technology in projects to demonstrate the development of superconductors that enhance the reliability, operational flexibility, or power-carrying capability of electric transmission systems or increase the electrical or operational efficiency of electric energy generation, transmission, distribution and storage systems.''
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SA 3122. Mr. BINGAMAN (for Mr. Smith of Oregon) proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
On page 301, after line 22, insert the following:
``SEC. 930. STUDY OF ENERGY EFFICIENCY STANDARDS.
``The Secretary of Energy shall contract with the National Academy of Sciences for a study, to be completed within one year of enactment of this Act, to examine whether the goals of energy efficiency standards are best served by measurement of energy consumed, and efficiency improvements, at the actual site of energy consumption, or through the full fuel cycle, beginning at the source of energy production. The Secretary shall submit the report to the Congress.''
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SA 3123. Mr. BINGAMAN (for Mr. Durbin for himself and Ms. Collins, proposed an amendment to amendment SA 2917 proposed by Mr. Daschle (for himself and Mr. Bingaman) to the bill (S. 517) to authorize funding the Department of Energy to enhance its mission areas through technology transfer and partnerships for fiscal years 2002 through 2006, and for other purposes; as follows:
On page 213, between lines 10 and 11, insert the following:
SEC. 8 . CONSERVE BY BICYCLING PROGRAM.
(a) Establishment.--The Secretary of Transportation shall establish a Conserve By Bicycling pilot program that shall provide for up to 10 geographically dispersed projects to encourage the use of bicycles in place of motor vehicles. Such projects shall use education and marketing to convert motor vehicle trips to bike trips, document project results and energy savings, and facilitate partnerships among entities in the fields of transportation, law enforcement, education, public health, environment, or energy. At least 20 percent of the cost of each project shall be provided from State or local sources. Not later than 2 years after implementation of the projects, the Secretary of Transportation shall submit a report to Congress on the results of the pilot program.
(b) National Academy Study.--The Secretary of Transportation shall contract with the National Academy of Sciences to conduct a study on the feasibility and benefits of converting motor vehicle trips to bicycle trips and to issue a report, not later than two years after enactment of this Act, on the findings of such study.
(c) Authorization of Appropriations.--There is authorized to be appropriated to the Secretary of Transportation
$5,500,000, to remain available until expended, to carry out the pilot program and study pursuant to this sections.
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