To require the Secretary of Energy to transmit to Congress a plan for the transfer of title to the Western New York Service Center in West Valley, New York.

This amendment's own text couldn't be picked out of its Congressional Record passage, so the passage is shown in full.

TEXT OF AMENDMENTS

  SA 1387. Mr. BINGAMAN (for himself and Mr. Leahy) submitted an
amendment intended to be proposed by him to the bill S. 14, to enhance
the energy security of the United States, and for other purposes; which
was ordered to lie on the table; as follows:

       On page 105, strike lines 6 through 19, and insert the
     following:
       ``(C) for property described in subsection (d)(6)--
       ``(i) $150 for each electric heat pump water heater,
       ``(ii) $250 for each electric heat pump,
       ``(iii) $125 for each advanced natural gas, oil, propane
     furnace, or hot water boiler,
       ``(iv) $250 for each central air conditioner,
       ``(v) $150 for each advanced natural gas, oil, or propane
     water heater,
       ``(vi) $50 for each natural gas, oil, or propane water
     heater,
       ``(vii) $250 for each geothermal heat pump,
       ``(viii) $50 for an advanced main air circulating fan,
       ``(ix) $150 for each advanced combination space and water
     heating system,
       ``(x) $50 for each combination space and water heating
     system.''.
       On page 109, line 19, strike ``or propane furnace'' and
     insert ``propane furnace, or hot water boiler'' after
     ``furnace''.
       On page 110, line 3, strike lines 1 through 7 and insert:
       ``(v) an advanced natural gas, oil, or propane water heater
     which has an energy factor of at least 0.80 in the standard
     Department of Energy test procedure,
       ``(vi) a natural gas, oil, or propane water heater which
     has an energy factor of at least 0.65 and less than .080 in
     the standard Department of Energy test procedure,
       ``(vii) a geothermal heat pump which has an average
     efficiency ratio (EER) of at least 21,
       ``(viii) an advanced main air circulating fan used in a new
     natural gas, propane, or oil-fired furnace, including main
     air circulating fans that use a brushless permanent magnet
     motor or another type of motor that achieves similar or
     higher efficiency at half and full speed, as determined by
     the Secretary,
       ``(ix) an advanced combination space and water heating
     system which has a combined energy factor of at least 0.80
     and a combined annual fuel utilization efficiency (AFUE) of
     78 percent or higher in the standard Department of Energy
     test procedure, and
       ``(x) a combination space and water heating system which
     has a combined energy factor of at least 0.65 and less than
     .080 and a combined annual fuel utilization efficiency (AFUE)
     of 78 percent or higher in the standard Department of Energy
     test procedure.''.
                                 ______

  SA 1388. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 14, to enhance the energy security of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

       On page 133, strike lines 12 through 16 and insert the
     following:
       ``(ii) which has an electrical capacity of no more than
     15,000 kilowatts or a mechanical energy capacity of no more
     than 2,000 horsepower or an equivalent combination of
     electrical and mechanical energy capacities,''.
       On page 134, line 4, strike ``(70 percent'' and all that
     follows through ``capacities)'' on line 10.
       On page 136, strike lines 16 through ``section 168.'' on
     line 22.
                                 ______

  SA 1389. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 14, to enhance the energy security of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

       On page 95, line 17, strike ``ending on--'' and all that
     follows through ``2007.'' on line 21 and insert ``ending on
     December 31, 2007.''.
                                 ______

  SA 1390. Mr. DOMENICI (for Mr. Inhofe) proposed an amendment to the
bill S. 14, to enhance the energy security of the United States, and
for other purposes; as follows:

       On page 52, after line 22, add the following:

     SEC. 1____. RISK-BASED DATA MANAGEMENT SYSTEMS.

       (a) In General.--The Secretary of Energy shall make grants
     to the Ground Water Protection Council to develop risk-based
     data management systems in State oil and gas agencies to
     assist States and oil and gas producers with compliance,
     economic forecasting, permitting, and exploration.
       (b) Authorization of Appropriations.--There is authorized
     to be appropriated to carry out this section $1,000,000 for
     each fiscal year.
                                 ______

  SA 1391. Mr. BINGAMAN (for Mr. Durbin (for himself and Ms. Collins))
proposed an amendment to the bill S. 14, to enhance the energy security
of the United States, and for other purposes; as follows:

       Page 209, after line 6, insert:

     ``SEC. 6  . CONSERVE BY BICYCLING PROGRAM.

       ``(A) Definitions.--In this section:
       ``(1) The term `program' means the Conserve by Bicycling
     Program established by subsection (b).
       ``(2) The term `Secretary' means the Secretary of
     Transportation.
       ``(b) Establishment.--There is established within the
     Department of Transportation a program to be known as the
     `Conserve by Bicycling Program'.
       ``(c) Projects.--
       ``(1) In carrying out the program, the Secretary shall
     establish not more than 10 pilot projects that are--
       ``(A) dispersed geographically throughout the United
     States; and
       ``(B) designed to conserve energy resources by encouraging
     the use of bicycles in place of motor vehicles.
       ``(2) A pilot project described in paragraph (1) shall--
       ``(A) use education and marketing to convert motor vehicle
     trips to bicycles trips;
       ``(B) document project results and energy savings (in
     estimated units of energy conserved);
       ``(C) facilitate partnerships among interested parties in
     at least 2 of the fields of transportation, law enforcement,
     education, public health, environment, and energy;
       ``(D) maximize bicycle facility investments;
       ``(E) demonstrate methods that may be used in other regions
     of the United States; and
       ``(F) facilitate the continuation of ongoing programs that
     are sustained by local resources.
       ``(3) At least 20 percent of the cost of each pilot project
     described in paragraph (1) shall be provided from State or
     local sources.
       ``(d) Energy and Bicycling Research Study.--
       ``(1) Not later than 2 years after the date of enactment of
     this Act, the Secretary shall enter into a contract with the
     National Academy of Sciences for, and the National Academy of
     Sciences shall conduct and submit to Congress, a report on a
     study on the feasibility of converting motor vehicle trips to
     bicycle trips.
       ``(2) The study shall--
       ``(A) document the results or progress of the pilot
     projects under subsection (c);
       ``(B) determine the type of duration of motor vehicle trips
     that people in the United States may feasibly make by
     bicycle, taking into consideration factors such as weather,
     land use and traffic patterns, the carrying capacity of
     bicycles, and bicycle infrastructure;
       ``(C) determine any energy savings that would result from
     the conversion of motor vehicle trips to bicycle trips;
       ``(D) include a cost-benefit analysis of infrastructure
     investments; and
       ``(E) include a description of any factors that would
     encourage more motor vehicle trips to be replaced with
     bicycle trips.

[[Page S9979]]

       ``(e) Authorization of Appropriations.--There are
     authorized to be appropriated to carry out this section
     $6,200,000, to remain available until expended, of which--
       ``(1) $5,150,000 shall be used to carry out pilot projects
     described in subsection (c);
       ``(2) $300,000 shall be used to by the Secretary to
     coordinate, publicize, and disseminate the results of the
     program; and
       ``(3) $750,000 shall be used to carry out subsection
     (d).''.
                                 ______

  SA 1392. Mr. BINGAMAN (for Mr. Harkin) proposed an amendment to the
bill S. 14, to enhance the energy security of the United States, and
for other purposes; as follows:

       On page 290, between lines 19 and 20, insert the following:

     SEC. 8____. RENEWABLE PRODUCTION OF HYDROGEN DEMONSTRATION
                   AND COMMERCIAL APPLICATION PROGRAM.

       (a) In General.--The Secretary shall establish a program to
     assist projects for the demonstration and commercial
     application of the production of hydrogen from renewable
     resources.
       (b) Scope.--A project funded with assistance under this
     section may include an element other than production of
     hydrogen if the Secretary determines that the element
     contributes to the overall efficiency and commercial
     viability of the technology employed in the project,
     including--
       (1) joint production of hydrogen and other commercial
     products from biomass; and
       (2) renewable production of hydrogen and use of the
     hydrogen at a single farm location.
       (c) Cost Sharing; Merit Review.--A project carried out
     using funds made available under this section shall be
     subject to the cost sharing and merit review requirements
     under sections 982 and 983, respectively.
       (d) Authorization of appropriations.--There are authorized
     to be appropriated to carry out this section--
       (1) $10,000,000 for fiscal year 2004; and
       (2) $25,000,000 for each of fiscal years 2005 through 2008.
                                 ______

  SA 1393. Mr. BINGAMAN (for Mr. Schumer) proposed an amendment to the
bill S. 14, to enhance the energy security of the United States and for
other purposes; as follows

       On page 150, after line 14, insert the following:

     SEC. 443. PLAN FOR WESTERN NEW YORK SERVICE CENTER.

       Not later than one year after the date of enactment of this
     Act, the Secretary of Energy shall transmit to the Congress a
     plan for the transfer to the Secretary of title to, and full
     responsibility for the possession, transportation, disposal,
     stewardship, maintenance, and monitoring of, all facilities,
     property, and radioactive waste at the Western New York
     Service Center in West Valley, New York. The Secretary shall
     consult with the President of the New York State Energy
     Research and Development Authority in developing such plan.
                                 ______

  SA 1394. Mr. BINGAMAN (for himself and Mr. Domenici) proposed an
amendment to the bill S. 14, to enhance the energy security of the
United States, and for other purposes; as follows:

       ]Strike the text starting on page 43, line 19, through page
     49, line 19, and insert the following:

     ``SEC. 112. PRESERVATION OF GEOLOGICAL AND GEOPHYSICAL DATA.

       ``(a) Short Title.--This section may be cited as the
     `National Geological and Geophysical Data Preservation
     Program Act of 2003.'
       ``(b) Program.--The Secretary of the Interior shall carry
     out a National Geological and Geophysical Data Preservation
     Program in accordance with this section--
       ``(1) to archive geologic, geophysical, and engineering
     data, maps, well logs, and samples;
       ``(2) to provide a national catalog of such archival
     material; and
       ``(3) to provide technical and financial assistance related
     to the archival material.
       ``(c) Plan.--Within 1 year after the date of the enactment
     of this section, the Secretary shall develop and submit to
     the Committee on Resources of the House of Representatives
     and the Committee on Energy and Natural Resources of the
     Senate a plan for the implementation of the Program.
       ``(d) Data Archive System.--
       ``(1) Establishment.--The Secretary shall establish, as a
     component of the Program, a data archive system, which shall
     provide for the storage, preservation, and archiving of
     subsurface, surface, geological, geophysical and engineering
     data and samples. The Secretary, in consultation with the
     Advisory Committee, shall develop guidelines relating to the
     data archive system, including the types of data and samples
     to be preserved.
       ``(2) System components.--The system shall be comprised of
     State agencies which elect to be part of the system and
     agencies within the Department of the Interior that maintain
     geological and geophysical data and samples that are
     designated by the Secretary in accordance with this
     subsection. The Program shall provide for the storage of data
     and samples through data repositories operated by such
     agencies.
       ``(3) Limitation of designation.--The Secretary may not
     designate a State agency as a component of the data archive
     system unless it is the agency that acts as the geological
     survey in the State.
       ``(4) Data from federal lands.--The data archive system
     shall provide for the archiving of relevant subsurface data
     and samples obtained from Federal lands--
       ``(A) in the most appropriate repository designated under
     paragraph (2), with preference being given to archiving data
     in the State in which the data was collected; and
       ``(B) consistent with all applicable law and requirements
     relating to confidentiality and proprietary data.
       ``(e) National Catalog.--
       ``(1) In general.--As soon as practicable after the date of
     the enactment of this section, the Secretary shall develop
     and maintain, as a component of the program, a national
     catalog that identifies--
       ``(A) data and samples available in the data archive system
     established under subsection (d);
       ``(B) the repository for particular material in such
     system; and
       ``(C) the means of accessing the material.
       ``(2) Availability.--The Secretary shall make the national
     catalog accessible to the public on the site of the Survey on
     the World Wide Web, consistent with all applicable
     requirements related to confidentiality and proprietary data.
       ``(f) Advisory Committee.--
       ``(1) In general.--The Advisory Committee shall advise the
     Secretary on planning and implementation of the Program.
       ``(2) New duties.--In addition to its duties under the
     National Geologic Mapping Act of 1992 (43 U.S.C. 31a et
     seq.), the Advisory Committee shall perform the following
     duties.
       ``(A) Advise the Secretary on developing guidelines and
     procedures for providing assistance for facilities in
     subsection (g)(1).
       ``(B) Review and critique the draft implementation plan
     prepared by the Secretary pursuant to subsection (c).
       ``(C) Identify useful studies of data archived under the
     Program that will advance understanding of the Nation's
     energy and mineral resources, geologic hazards, and
     engineering geology.
       ``(D) Review the progress of the Program in archiving
     significant data and preventing the loss of such data, and
     the scientific progress of the studies funded under the
     Program.
       ``(E) Include in the annual report to the Secretary
     required under section 5(b)(3) of the National Geologic
     Mapping Act of 1992 (43 U.S.C. 31d(b)(3)) an evaluation of
     the progress of the Program toward fulfilling the purposes of
     the Program under subsection (b).
       ``(g) Financial Assistance.--
       ``(1) Archive facilities.--Subject to the availability of
     appropriations, the Secretary shall provide financial
     assistance to a State agency that is designated under
     subsection (d)(2), for providing facilities to archive energy
     material.
       ``(2) Studies and technical assistance.--Subject to the
     availability of appropriations, the Secretary shall provide
     financial assistance to any State agency designated under
     subsection (d)(2) for studies and technical assistance
     activities that enhance understanding, interpretation, and
     use of materials archived in the data archive system
     established under subsection (d).
       ``(3) Federal share.--The Federal share of the cost of an
     activity carried out with assistance under this subsection
     shall be no more than 50 percent of the total cost of that
     activity.
       ``(4) Private contributions.--The Secretary shall apply to
     the non-Federal share of the cost of an activity carried out
     with assistance under this subsection the value of private
     contributions of property and services used for that
     activity.
       ``(h) Report.--The Secretary shall include in each report
     under section 8 of the National Geologic Mapping Act of 1992
     (43 U.S.C. 31g)--
       ``(1) a description of the status of the Program;
       ``(2) an evaluation of the progress achieved in developing
     the Program during the period covered by the report; and
       ``(3) any recommendations for legislative or other action
     the Secretary considers necessary and appropriate to fulfill
     the purposes of the Program under subsection (b).
       ``(i) Definitions.--As used in this section:
       ``(1) Advisory committee.--The term ``Advisory Committee''
     means the advisory committee established under section 5 of
     the National Geologic Mapping Act of 1992 (43 U.S.C. 31d).
       ``(2) Secretary.--The term ``Secretary'' means the
     Secretary of the Interior acting through the Director of the
     United States Geological Survey.
       ``(3) Program.--The term ``Program'' means the National
     Geological and Geophysical Data Preservation Program carried
     out under this section.
       ``(4) Survey.--The term ``Survey'' means the United States
     Geological Survey.
       ``(j) Maintenance of State Effort.--It is the intent of the
     Congress that the States not use this section as an
     opportunity to reduce State resources applied to the
     activities that are the subject of the Program.
       ``(k) Authorization of Appropriations.--There is authorized
     to be appropriated to the Secretary $30,000,000 for each of
     fiscal years 2004 through 2008 for carrying out this
     section.''
                                 ______

  SA 1395. Mr. BINGAMAN (for Mr. Lautenberg) proposed an amendment to
the bill S. 14, to enhance the energy

[[Page S9980]]

security of the United States, and for other purposes; as follows:

       On page 150, line 24, strike ``(tidal and thermal)'' and
     insert ``(wave, tidal, current, and thermal)''.
       On page 156, line 4, strike ``(tidal and thermal)'' and
     insert ``(wave, tidal, current, and thermal)''.
                                 ______

  SA 1396. Mr. DOMENICI proposed an amendment to the bill S. 14, to
enhance the energy security of the United States, and for other
purposes, as follows:

       On page 90, line 24, strike ``2003 through 2011'' and
     insert ``2004 through 2012''.
                                 ______

  SA 1397. Mr. DOMENICI (for himself and Ms. Murkowski) proposed an
amendment to the bill S. 14, to enhance the energy security of the
United States, and for other purposes; as follows:

       On page 40, beginning with line 13, strike all through line
     20 and insert:
       ``(4) For purposes of this subsection, calculations of
     payments shall be made using qualified Outer Continental
     Shelf revenues received during the previous fiscal year.
                                 ______

  SA 1398. Mr. DOMENICI proposed an amendment to the bill S. 14, to
enhance the energy security of the United States, and for other
purposes; as follows:

       On page 40, strike line 5 and all that follows through line
     12, and insert: ``shall not disburse such an amount until the
     final resolution of any appeal regarding the disapproval of a
     plan submitted under this section or so long as the Secretary
     determines that such State is making a good faith effort to
     develop and submit, or update, a Coastal Impact Assistance
     Plan.''.
                                 ______

  SA 1399. Mr. DOMENICI proposed an amendment to the bill S. 14, to
enhance the energy security of the United States, and for other
purposes; as follows:

       On page 286, strike line 10 and all that follows through
     page 287, line 21, and insert:

     ``SEC. 814. HYDROGEN DEMONSTRATION PROGRAMS IN NATIONAL
                   PARKS.

       ``(a) Study.--Not later than 1 year after the date of
     enactment of this section, the Secretary of the Interior and
     the Secretary of Energy shall jointly study and report to
     Congress on--
       ``(1) the energy needs and uses in units of the National
     Park System; and
       ``(2) the potential for fuel cell and other hydrogen-based
     technologies to meet such energy needs in--
       ``(A) stationary applications, including power generation,
     combined heat and power for buildings and campsites, and
     standby and backup power systems; and
       ``(B) transportation-related applications, including
     support vehicles, passenger vehicles and heavy-duty trucks
     and buses.
       ``(b) Pilot Projects.--Based on the results of the study,
     the Secretary of the Interior shall fund not fewer than 3
     pilot projects in units of the National Park System for
     demonstration of fuel cells or other hydrogen-based
     technologies in those applications where the greatest
     potential for such use has been identified. Such pilot
     projects shall be geographically distributed throughout the
     United States.
       ``(c) Authorization of Appropriations.--For purposes of
     this section, there are authorized to be appropriated to the
     Secretary of the Interior $1,000,000 for fiscal year 2004,
     and $15,000,000 for fiscal year 2005, to remain available
     until expended.''.
                                 ______

  SA 1400. Mr. DOMENICI proposed an amendment to the bill S. 14, to
enhance the energy security of the United States, and for other
purposes; as follows:

       On page 305, line 23, strike the word ``basic''.
                                 ______

  SA 1401. Mr. BINGAMAN (for Ms. Landrieu) proposed an amendment to the
bill S. 14, to enhance the energy security of the United States, and
for other purposes; as follows:

       On page 37, line 23, ``year. Where'' and insert ``year,
     except that where''.
                                 ______

  SA 1402. Mr. FEINGOLD (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by him to the bill S. 14, to enhance
the energy security of the United States, and for other purposes; which
was ordered to lie on the table; as follows:

       On page 465, between lines 10 and 11, insert the following:

     SEC. 1175. AFFILIATE TRANSACTIONS.

       Section 204 of the Federal Power Act (16 U.S.C. 824c) is
     amended by adding at the end the following:
       ``(i) Transactions With Affiliates and Associated
     Companies.--
       ``(1) Definitions.--In this subsection, the terms
     `affiliate', `associate company', and `public utility' have
     the meanings given the terms in section 1151 of the Energy
     Policy Act of 2003.
       ``(2) Regulations.--
       ``(A) In general.--The Commission shall promulgate
     regulations that shall apply in the case of a transaction
     between a public utility and an affiliate or associate
     company of the public utility.
       ``(B) Contents.--At a minimum, the regulations under
     subparagraph (A) shall require, with respect to a transaction
     between a public utility and an affiliate or associate
     company of the public utility, that--
       ``(i) the affiliate or associate company shall be an
     independent, separate, and distinct entity from the public
     utility;
       ``(ii) the affiliate or associate company shall maintain
     separate books, accounts, memoranda, and other records and
     shall prepare separate financial statements;
       ``(iii)(I) the public utility shall conduct the transaction
     in a manner that is consistent with transactions among
     nonaffiliated and nonassociated companies; and
       ``(II) shall not use its status as a monopoly franchise to
     confer on the affiliate or associate company any unfair
     competitive advantage;
       ``(iv) the public utility shall not declare or pay any
     dividend on any security of the public utility in
     contravention of such rules as the Commission considers
     appropriate to protect the financial integrity of the public
     utility;
       ``(v) the public utility shall have at least 1 independent
     director on its board of directors;
       ``(vi) the affiliate or associate company shall not acquire
     any loan, loan guarantee, or other indebtedness, and shall
     not structure its governance, in a manner that would permit
     creditors to have recourse against the assets of the public
     utility; and
       ``(vii) the public utility shall not--

       ``(I) commingle any assets or liabilities of the public
     utility with any assets or liabilities of the affiliate or
     associate company; or
       ``(II) pledge or encumber any assets of the public utility
     on behalf of the affiliate or associate company;

       ``(viii)(I) the public utility shall not cross-subsidize or
     shift costs from the affiliate or associate company to the
     public utility; and
       ``(II) the public utility shall disclose and fully value,
     at the market value or other value specified by the
     Commission, any assets or services by the public utility
     that, directly or indirectly, are transferred to, or
     otherwise provided for the benefit of, the affiliate or
     associate company, in a manner that is consistent with
     transfers among nonaffiliated and nonassociated companies;
     and
       ``(ix) electricity and natural gas consumers and investors
     shall be protected against the financial risks of public
     utility diversification and transactions with and among
     affiliates and associate companies.
       ``(3) No preemption.--This subsection does not preclude or
     deny the right of any State or political subdivision of a
     State to adopt and enforce standards for the corporate and
     financial separation of public utilities that are more
     stringent that those provided under the regulations under
     paragraph (2).
       ``(4) Prohibition.--It shall be unlawful for a public
     utility to enter into or take any step in the performance of
     any transaction with any affiliate or associate company in
     violation of the regulations under paragraph (2).''.

                          ____________________