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PART III—PIPELINE SECURITY SENSITIVE
1
INFORMATION
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SEC. 781. MEETING COMMUNITY RIGHT TO KNOW WITHOUT
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SECURITY RISKS.
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Section 60117 is amended by adding at the end the
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following:
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‘‘(l) W
ITHHOLDING
C
ERTAIN
I
NFORMATION
.—
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‘‘(1) I
N GENERAL
.—Notwithstanding any other
8
provision of this chapter requiring the Secretary to
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provide information obtained by the Secretary or an
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officer, employee, or agent in carrying out this chap-
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ter to State or local government officials, the public,
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or any other person, the Secretary shall withhold such
13
information if it is information that is described in
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section 552(b)(1)(A) of title 5, United States Code.
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‘‘(2) C
ONDITIONAL RELEASE
.—Notwithstanding
16
paragraph (1), upon the receipt of assurances satis-
17
factory to the Secretary that the information will be
18
handled appropriately, the Secretary may provide in-
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formation permitted to be withheld under that
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paragraph—
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‘‘(A) to the owner or operator of the affected
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pipeline system;
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‘‘(B) to an officer, employee or agent of a
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Federal, State, tribal, or local government, in-
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cluding a volunteer fire department, concerned
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with carrying out this chapter, with protecting
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the facilities, with protecting public safety, or
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with national security issues;
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‘‘(C) in an administrative or judicial pro-
5
ceeding brought under this chapter or an admin-
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istrative or judicial proceeding that addresses
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terrorist actions or threats of such actions; or
8
‘‘(D) to such other persons as the Secretary
9
determines necessary to protect public safety and
10
security.
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‘‘(3) R
EPORT
TO
C
ONGRESS
.—The Secretary
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shall provide an annual report to the Congress, in ap-
13
propriate form as determined by the Secretary, con-
14
taining a summary of determinations made by the
15
Secretary during the preceding year to withhold in-
16
formation from release under paragraph (1).’’.
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SEC. 782. TECHNICAL ASSISTANCE FOR SECURITY OF PIPE-
18
LINE FACILITIES.
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The Secretary of Transportation may provide tech-
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nical assistance to an operator of a pipeline facility or to
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State, tribal, or local officials to prevent or respond to acts
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of terrorism that may impact the pipeline facility,
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including—
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(1) actions by the Secretary that support the use
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of National Guard or State or Federal personnel to
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provide additional security for a pipeline facility at
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risk of terrorist attack or in response to such an at-
4
tack;
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(2) use of resources available to the Secretary to
6
develop and implement security measures for a pipe-
7
line facility;
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(3) identification of security issues with respect
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to the operation of a pipeline facility; and
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(4) the provision of information and guidance on
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security practices that prevent damage to pipeline fa-
12
cilities from terrorist attacks.
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SEC. 783. CRIMINAL PENALTIES FOR DAMAGING OR DE-
14
STROYING A FACILITY.
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Section 60123(b) of title 49, United States Code, is
16
amended—
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(1) by striking ‘‘or’’ after ‘‘gas pipeline facility’’
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and inserting a comma; and
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(2) by inserting after ‘‘liquid pipeline facility’’
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the following: ‘‘, or either an intrastate gas pipeline
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facility or an intrastate hazardous liquid pipeline fa-
22
cility that is used in interstate or foreign commerce
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or in any activity affecting interstate or foreign com-
24
merce’’.
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DIVISION C—DIVERSIFYING EN-
1
ERGY DEMAND AND IMPROV-
2
ING EFFICIENCY
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TITLE VIII—FUELS AND
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VEHICLES
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Subtitle A—CAFE Standards, Alter-
6
native Fuels, and Advanced
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Technology
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SEC. 801. INCREASED FUEL ECONOMY STANDARDS.
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(a) R
EQUIREMENT FOR
N
EW
R
EGULATIONS
.—
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(1) I
N GENERAL
.—The Secretary of Transpor-
11
tation shall issue, under section 32902 of title 49,
12
United States Code, new regulations setting forth in-
13
creased average fuel economy standards for auto-
14
mobiles that are determined on the basis of the max-
15
imum feasible average fuel economy levels for the
16
automobiles, taking into consideration the matters set
17
forth in subsection (f) of such section.
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(2) T
IME FOR ISSUING REGULATIONS
.—
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(A) N
ON
-
PASSENGER
AUTOMOBILES
.—For
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non-passenger automobiles, the Secretary of
21
Transportation shall issue the final regulations
22
not later than 15 months after the date of the en-
23
actment of this Act.
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(B) P
ASSENGER AUTOMOBILES
.—For pas-
1
senger automobiles, the Secretary of Transpor-
2
tation shall issue—
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(i) the proposed regulations not later
4
than 180 days after the date of the enact-
5
ment of this Act; and
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(ii) the final regulations not later than
7
2 years after that date.
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(b) P
HASED
I
NCREASES
.—The regulations issued pur-
9
suant to subsection (a) shall specify standards that take ef-
10
fect successively over several vehicle model years not exceed-
11
ing 15 vehicle model years.
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(c) C
LARIFICATION OF
A
UTHORITY
T
O
A
MEND
P
AS
-
13
SENGER
A
UTOMOBILE
S
TANDARD
.—Section 32902(b) of
14
title 49, United States Code, is amended by inserting before
15
the period at the end the following: ‘‘or such other number
16
as the Secretary prescribes under subsection (c)’’.
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(d) E
NVIRONMENTAL
A
SSESSMENT
.—When issuing
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final regulations setting forth increased average fuel econ-
19
omy standards under this section, the Secretary of Trans-
20
portation shall also issue an environmental assessment of
21
the effects of the implementation of the increased standards
22
on the environment under the National Environmental Pol-
23
icy Act of 1969 (42 U.S.C. 4321 et seq.).
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(e) A
UTHORIZATION OF
A
PPROPRIATIONS
.—There is
1
authorized to be appropriated to the Department of Trans-
2
portation for fiscal year 2003, to remain available until
3
expended, $2,000,000 to carry out this section.
4
SEC. 802. EXPEDITED PROCEDURES FOR CONGRESSIONAL
5
INCREASE IN FUEL ECONOMY STANDARDS.
6
(a) C
ONDITION FOR
A
PPLICABILITY
.—If the Secretary
7
of Transportation fails to issue final regulations with re-
8
spect to non-passenger automobiles under section 801, or
9
fails to issue final regulations with respect to passenger
10
automobiles under such section, on or before the date by
11
which such final regulations are required by such section
12
to be issued, respectively, then this section shall apply with
13
respect to a bill described in subsection (b).
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(b) B
ILL
.—A bill referred to in this subsection is a
15
bill that satisfies the following requirements:
16
(1) I
NTRODUCTION
.—The bill is introduced by
17
one or more Members of Congress not later than 60
18
days after the date referred to in subsection (a).
19
(2) T
ITLE
.—The title of the bill is as follows: ‘‘A
20
bill to establish new average fuel economy standards
21
for certain motor vehicles.’’.
22
(3) T
EXT
.—The bill provides after the enacting
23
clause only the text specified in subparagraph (A) or
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(B) or any provision described in subparagraph (C),
1
as follows:
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(A) N
ON
-
PASSENGER AUTOMOBILES
.—In the
3
case of a bill relating to a failure timely to issue
4
final regulations relating to non-passenger auto-
5
mobiles, the following text:
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‘‘That, section 32902 of title 49, United States Code, is
7
amended by adding at the end the following new subsection:
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‘‘ ‘(l) N
ON
-
PASSENGER AUTOMOBILES
.—The average
9
fuel economy standard for non-passenger automobiles man-
10
ufactured by a manufacturer in a model year after model
11
year ll shall be ll miles per gallon.’ ’’, the first blank
12
space being filled in with a subsection designation, the sec-
13
ond blank space being filled in with the number of a year,
14
and the third blank space being filled in with a number.
15
(B) P
ASSENGER
AUTOMOBILES
.—In the
16
case of a bill relating to a failure timely to issue
17
final regulations relating to passenger auto-
18
mobiles, the following text:
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‘‘That, section 32902(b) of title 49, United States Code, is
20
amended to read as follows:
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‘‘ ‘(b) P
ASSENGER
A
UTOMOBILES
.—Except as provided
22
in this section, the average fuel economy standard for pas-
23
senger automobiles manufactured by a manufacturer in a
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model year after model year ll shall be ll miles per
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gallon.’ ’’, the first blank space being filled in with the num-
1
ber of a year and the second blank space being filled in
2
with a number.
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(C) S
UBSTITUTE
TEXT
.—Any text sub-
4
stituted by an amendment that is in order under
5
subsection (c)(3).
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(c) E
XPEDITED
P
ROCEDURES
.—A bill described in
7
subsection (b) shall be considered in a House of Congress
8
in accordance with the procedures provided for the consider-
9
ation of joint resolutions in paragraphs (3) through (8) of
10
section 8066(c) of the Department of Defense Appropria-
11
tions Act, 1985 (as contained in section 101(h) of Public
12
Law 98–473; 98 Stat. 1936), with the following exceptions:
13
(1) R
EFERENCES
TO
RESOLUTION
.—The ref-
14
erences in such paragraphs to a resolution shall be
15
deemed to refer to the bill described in subsection (b).
16
(2) C
OMMITTEES OF JURISDICTION
.—The com-
17
mittees to which the bill is referred under this sub-
18
section shall—
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(A) in the Senate, be the Committee on
20
Commerce, Science, and Transportation; and
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(B) in the House of Representatives, be the
22
Committee on Energy and Commerce.
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(3) A
MENDMENTS
.—
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(A) A
MENDMENTS IN ORDER
.—Only four
1
amendments to the bill are in order in each
2
House, as follows:
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(i) Two amendments proposed by the
4
majority leader of that House.
5
(ii) Two amendments proposed by the
6
minority leader of that House.
7
(B) F
ORM AND CONTENT
.—To be in order
8
under subparagraph (A), an amendment shall
9
propose to strike all after the enacting clause and
10
substitute text that only includes the same text as
11
is proposed to be stricken except for one or more
12
different numbers in the text.
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(C) D
EBATE
,
ET CETERA
.—Subparagraph
14
(B) of section 8066(c)(5) of the Department of
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Defense Appropriations Act, 1985 (98 Stat.
16
1936) shall apply to the consideration of each
17
amendment proposed pursuant to subparagraph
18
(A) of this paragraph in the same manner as
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such subparagraph (B) applies to debatable mo-
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tions.
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SEC. 803. REVISED CONSIDERATIONS FOR DECISIONS ON
1
MAXIMUM FEASIBLE AVERAGE FUEL ECON-
2
OMY.
3
Section 32902(f) of title 49, United States Code, is
4
amended to read as follows:
5
‘‘(f) C
ONSIDERATIONS FOR
D
ECISIONS ON
M
AXIMUM
6
F
EASIBLE
A
VERAGE
F
UEL
E
CONOMY
.—When deciding
7
maximum feasible average fuel economy under this section,
8
the Secretary of Transportation shall consider the following
9
matters:
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‘‘(1) Technological feasibility.
11
‘‘(2) Economic practicability.
12
‘‘(3) The effect of other motor vehicle standards
13
of the Government on fuel economy.
14
‘‘(4) The need of the United States to conserve
15
energy.
16
‘‘(5) The desirability of reducing United States
17
dependence on imported oil.
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‘‘(6) The effects of the average fuel economy
19
standards on motor vehicle and passenger safety.
20
‘‘(7) The effects of increased fuel economy on air
21
quality.
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‘‘(8) The adverse effects of average fuel economy
23
standards on the relative competitiveness of manufac-
24
turers.
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‘‘(9) The effects of compliance with average fuel
1
economy standards on levels of employment in the
2
United States.
3
‘‘(10) The cost and lead time necessary for the
4
introduction of the necessary new technologies.
5
‘‘(11) The potential for advanced technology ve-
6
hicles, such as hybrid and fuel cell vehicles, to con-
7
tribute to the achievement of significant reductions in
8
fuel consumption.
9
‘‘(12) The extent to which the necessity for vehi-
10
cle manufacturers to incur near-term costs to comply
11
with the average fuel economy standards adversely af-
12
fects the availability of resources for the development
13
of advanced technology for the propulsion of motor ve-
14
hicles.
15
‘‘(13) The report of the National Research Coun-
16
cil that is entitled ‘Effectiveness and Impact of Cor-
17
porate Average Fuel Economy Standards’, issued in
18
January 2002.’’.
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SEC. 804. EXTENSION OF MAXIMUM FUEL ECONOMY IN-
20
CREASE FOR ALTERNATIVE FUELED VEHI-
21
CLES.
22
Section 32906(a)(1) of title 49, United States Code,
23
is amended—
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