“TEXT OF AMENDMENTS” published by Congressional Record on June 22, 2005

Volume 151, No. 84 covering the 1st Session of the 109th Congress (2005 - 2006) was published by the Congressional Record.

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 Department of Interior was published in the Senate section on pages S7078-S7197 on June 22, 2005.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 841. Mrs. FEINSTEIN (for herself, Ms. Snowe, Mr. Reed, Mr. Sessions, Mr. Kennedy, Ms. Collins, Mr. Dodd, Mrs. Boxer, Mrs. Clinton, Mr. Lieberman, Ms. Cantwell, Mr. Kerry, Mr. Schumer, Mrs. Murray, and Mr. Carper) proposed an amendment to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:

On page 311, after line 24, add the following:

``(3)(A) The Commission shall not approve an application for the authorization under this section of the siting, construction, expansion, or operation of facilities located onshore or in State waters for the import of natural gas from a foreign country or the export of natural gas to a foreign country without the approval of the Governor of the State in which the facility would be located. Subject to subparagraph

(B), if the Governor fails to submit to the Commission an approval or disapproval not later than 45 days after the issuance of the final environmental impact statement on the proposed project, the approval shall be conclusively presumed. If the Governor notifies the Commission that an application, which would otherwise be approved under this paragraph, is inconsistent with State programs relating to environmental protection, land and water use, public health and safety, and coastal zone management, the Commission shall condition the license granted so as to make the license consistent with the State programs.

``(B) In the case of a project not approved before June 22, 2005, and for which the final environmental impact statement was issued more than 15 days before the date of enactment of this subsection, this paragraph shall apply, except that the Governor of the State shall submit the approval or disapproval of the Governor not later than 30 days after the date of enactment of this subsection, or approval shall be conclusively presumed. If the Governor disapproves the project within that period, neither the Commission nor any other Federal agency shall take any further action to approve the project or the construction or operation of the project.''.

On page 312, line 1, strike ``(3)'' and insert ``(4)''.

On page 312, line 24, strike ``(4)'' and insert ``(5)''.

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SA 842. Ms. STABENOW submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 755, after line 25, add the following:

SEC. 13__. STUDY OF MARITIME HERITAGE IN MICHIGAN.

(a) Definitions.--In this section:

(1) Secretary.--The term ``Secretary'' means the Secretary of the Interior, acting through the National Park Service Midwest Regional Office.

(2) State.--The term ``State'' means the State of Michigan.

(3) Study area.--The term ``study area'' means the State of Michigan.

(b) Study.--

(1) In general.--The Secretary, in consultation with the State, the State historic preservation officer, local historical societies, State and local economic development, tourism, and parks and recreation offices, and other appropriate agencies and organizations, shall conduct a special resource study of the study area to determine--

(A) the potential economic and tourism benefits of preserving State maritime heritage resources;

(B) suitable and feasible options for long-term protection of significant State maritime heritage resources; and

(2) Requirements.--In conducting the study under paragraph

(1), the Secretary shall--

(A) review Federal, State, and local maritime resource inventories and studies to establish the context, breadth, and potential for interpretation and preservation of State maritime heritage resources;

(B) examine the potential economic and tourism impacts of protecting State maritime heritage resources;

(C) recommend management alternatives that would be most effective for long-term resource protection and providing for public enjoyment of State maritime heritage resources;

(D) address how to assist regional, State, and local partners in efforts to increase public awareness of and access to the State maritime heritage resources;

(E) identify sources of financial and technical assistance available to communities for the conservation and interpretation of State maritime heritage resources; and

(F) address ways in which to link appropriate national parks, State parks, waterways, monuments, parkways, communities, national and State historic sites, and regional or local heritage areas and sites into a Michigan Maritime Heritage Destination Network.

(3) Report.--Not later than 18 months after the date on which funds are made available to carry out the study under paragraph (1), the Secretary shall submit to the Committee on Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes--

(A) the results of the study; and

(B) any findings and recommendations of the Secretary.

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SA 843. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. __. TREATMENT OF ELECTRONIC WASTE AS A QUALIFIED

RECYCLABLE MATERIAL FOR THE QUALIFIED

RECYCLABLE EQUIPMENT CREDIT.

(a) In General.--Section 45M(c)(2) of the Internal Revenue Code of 1986 (relating to credit for qualified recycling equipment), as added by title XV, is amended by inserting

``or electronic waste (including any cathode ray tube, flat panel screen, or similar video display device with a screen size greater than 4 inches measured diagonally, or a central processing unit)'' after ``aluminum''.

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after December 31, 2005.

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SA 844. Mr. KERRY (for himself, Mr. Biden, Mrs. Feinstein, and Ms. Snowe) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 768, after line 20, add the following:

TITLE XV--CLIMATE CHANGE

SEC. 1501. SENSE OF SENATE REGARDING THE NEED FOR THE UNITED

STATES TO ADDRESS GLOBAL CLIMATE CHANGE.

(a) Findings.--The Senate finds that--

(1) there is a scientific consensus, as established by the Intergovernmental Panel on Climate Change and confirmed by the National Academy of Sciences, that the continued buildup of anthropogenic greenhouse gases in the atmosphere threatens the stability of the global climate;

(2) there are significant long-term risks to the economy, the environment, and the security of the United States from the temperature increases and climatic disruptions that are projected to result from increased greenhouse gas concentrations;

(3) the United States, as the largest economy in the world, is currently the largest greenhouse gas emitter;

(4) the greenhouse gas emissions of the United States are projected to continue to rise;

(5) the greenhouse gas emissions of developing countries are rising more rapidly than the emissions of the United States and will soon surpass the greenhouse gas emissions of the United States and other developed countries;

(6) reducing greenhouse gas emissions to the levels necessary to avoid serious climatic disruption requires the introduction of new energy technologies and other practices, the use of which results in low or no emissions of greenhouse gases or in the capture and storage of greenhouse gases;

(7) the development and sale of such technologies in the United States and internationally presents significant economic opportunities for workers and businesses in the United States;

(8) such technologies can enhance energy security by reducing reliance on imported oil, diversifying energy sources, and reducing the vulnerability of energy delivery infrastructure;

(9) other industrialized countries are undertaking measures to reduce greenhouse gas emissions, which provide industries in those countries with a competitive advantage in the growing global market for such technologies;

(10) efforts to limit emissions growth in developing countries in a manner that is consistent with the development needs of the developing countries could establish significant markets for such technologies and contribute to international efforts to address climate change;

(11) the United States is a party to the United Nations Framework Convention on Climate Change adopted in May 1992, and entered into force in 1994 (referred to in this section as the ``Convention'');

(12) the Convention sets a long-term objective of stabilization of greenhouse gas concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system;

(13) the Convention establishes that parties bear common but differentiated responsibilities for efforts to achieve the objective of stabilization of greenhouse gas concentrations;

(14) the Kyoto Protocol was entered into force on February 16, 2005, but the United States is not, nor is likely to be, a party to the Protocol;

(15) the parties to the Kyoto Protocol will begin discussion in 2005 about possible future agreements;

(16) an effective global effort to address climate change must provide for commitments and action by all countries that are major emitters of greenhouse gases, whether developed or developing, and the widely varying circumstances among the developed and developing countries may require that such commitments and action vary; and

(17) the United States has the capability to lead the effort against global climate change.

(b) Sense of the Senate.--It is the sense of the Senate that the United States should act to reduce the health, environmental, and economic risks posed by global climate change and foster sustained economic growth through a new generation of technologies by--

(1) participating in international negotiations under the Convention with the objective of securing United States participation in fair and binding agreements that--

(A) advance and protect the economic interests of the United States;

(B) establish mitigation commitments by all countries that are major emitters of greenhouse gases, consistent with the principle of common but differentiated responsibilities;

(D) achieve a significant long-term reduction in global greenhouse gas emissions;

(2) enacting and implementing effective and comprehensive national policies to achieve significant long-term reductions in greenhouse gas emissions in the United States; and

(3) establishing a bipartisan Senate observer group, the members of which shall be designated by the majority leader and minority leader of the Senate, to--

(A) monitor any international negotiations on climate change; and

(B) ensure that the advice and consent function of the Senate is exercised in a manner to facilitate timely consideration of any future applicable treaty submitted to the Senate.

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SA 845. Ms. STABENOW (for herself and Mrs. Boxer) submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

TITLE XV--ANTI-CONSUMER GASOLINE PRICING AND MARKETING PRACTICES

INVESTIGATION

SEC. 1501. INVESTIGATION BY FEDERAL TRADE COMMISSION.

Not later than 60 days after the date of enactment of this Act, the Federal Trade Commission shall conduct an investigation and report to Congress on whether the increase in gasoline prices is the result of market manipulation and whether there is price gouging with respect to gasoline. The investigation shall include an analysis of manipulation and price gouging on both the national and regional levels.

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SA 846. Mr. BAUCUS submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 296, after line 25, add the following:

SEC. 347. LEASE EXCHANGES ON THE ROCKY MOUNTAIN FRONT.

(a) Findings.--Congress finds that--

(1) the Rocky Mountain Front in the State of Montana, bordered by Glacier National Park, wilderness, and the Blackfeet Indian Reservation, is--

(A) 1 of the last intact wild places in the lower 48 states;

(B) home to prized populations of elk, deer, bighorn sheep, grizzly bears, multiple bird species, and other fish and wildlife; and

(C) highly valued by the local community and the State of Montana as a vital recreation, hunting, and fishing destination;

(2) the Badger-Two Medicine area of the Front is sacred ground to the Blackfeet Indian Tribe;.

(3) past attempts to carry out oil and gas development in the Front have met with limited or no success and as of the date of enactment of this Act it has been more than a decade since any development activity actually occurred in the Front; and

(4) in order to promote and enhance the recovery of the domestic oil and gas reserves of the United States in the most efficient manner possible, Congress should encourage holders of leases in the Front to cancel the leases in exchange for incentives to carry out oil and gas production activities in more readily available and appropriate areas.

(b) Definitions.--In this section:

(1) Badger-two medicine area.--The term ``Badger-Two Medicine Area'' means the Forest Service land located in--

(A) T. 31 N., R. 12-13 W.;

(B) T. 30 N., R. 11-13 W.;

(D) T. 28 N., R. 10-14 W.

(2) Blackleaf area.--The term ``Blackleaf Area'' means the Federal land owned by the Forest Service and Bureau of Land Management that is located in--

(A) T. 27 N., R. 9 W.;

(B) T. 26 N., R. 9-10 W.;

(D) T. 24 N., R. 8-9 W.

(3) Eligible lessee.--The term ``eligible lessee'' means a lessee under a nonproducing lease.

(4) Nonproducing lease.--The term ``nonproducing lease'' means a Federal oil or gas lease that is--

(A) in existence and in good standing on the date of enactment of this Act; and

(B) located in the Badger-Two Medicine Area or the Blackleaf Area.

(5) Secretary.--The term ``Secretary'' means the Secretary of the Interior.

(6) State.--The term ``State'' means the State of Montana.

(1) In general.--An eligible lessee may elect to cancel a nonproducing lease in exchange for either--

(A) oil and gas lease tracts of comparable value in the State;

(B) the issuance of bidding, royalty, or rental credits for Federal onshore oil and gas leases in the State equal to the fair market value of the nonproducing lease; or

(2) Implementing regulations and valuation of nonproducing leases.--For the purpose of evaluating either of the options in subparagraph (A) or (B) of paragraph (1), the Secretary shall, not later than 180 days after the date of enactment of this Act--

(A) issue--

(i) regulations establishing a methodology for determining the fair market value of nonproducing leases, including consideration of established standards and practices in the oil and gas industry; and

(ii) such other regulations as are necessary to carry out this section; and

(B) identify suitable lease tracts available in the State for exchange under paragraph (1).

(3) Effect of cancellation of nonproducing lease.--A nonproducing lease canceled for any reason, including under this Act, shall be permanently withdrawn from future oil and gas leasing activity.

(4) Suspension of leases in the badger-two medicine area.--To facilitate consideration of the options under paragraph

(1), the terms of nonproducing leases in the Badger-Two Medicine Area shall be suspended for a 3-year period beginning on the date of enactment of this Act.

(5) Sunset.--The authority provided under this subsection terminates on December 31, 2009.

(d) Grants to Support Sustainable Economic Development.--

(1) In general.--Out of any funds in the Treasury not otherwise appropriated, the Secretary shall use $5,000,000 to make a grant in that amount to Teton County, Montana.

(2) Use of grant funds.--The grant recipient shall use the grant funds to support sustainable economic development in Teton County.

(e) Tax Credit.--

(1) In general.--In the case of an eligible lessee who makes an election under subsection (c), there shall be allowed as a credit against the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for the taxable year an amount equal to the fair market value of a nonproducing lease which is canceled pursuant to this section.

(2) Carryforward of unused credit.--If the credit allowable under paragraph (1) for any taxable year exceeds the limitation imposed by section 26(a) of the Internal Revenue Code of 1986 for such taxable year reduced by the sum of the credits allowable under subpart A of part IV of chapter 1 of such Code, such excess shall be carried to the succeeding taxable year and added to the credit allowable under paragraph (1) for such taxable year.

(3) Valuation of lease.--For purposes of this subsection, the fair market value of a nonproducing lease shall be determined by the Secretary of the Treasury in consultation with the Secretary of the Interior, based on the regulation under subsection (c)(2).

(f) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

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SA 847. Mr. BAUCUS submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 767, line 5, strike ``and''.

On page 767, line 15, strike the period and insert ``; and''.

On page 767, between lines 15 and 16, insert the following:

(E) a project to produce energy and clean fuels, using appropriate coal liquefaction technology, from Western bituminous or subbituminous coal that is--

(i) owned by a State government; or

(ii) from private and tribal coal resources.

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SA 848. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 353, strike lines 19 through 24 and insert the following:on Indian land;

``(C) provide low-interest loans to Indian tribes and tribal energy resource development organizations for use in the promotion of energy resource development on Indian land and integration of energy resources; and

``(D) provide grants and technical assistance to an appropriate tribal environmental organization, as determined by the Secretary, that represents multiple Indian tribes to establish a national resource center to develop tribal capacity to establish and carry out tribal environmental programs in support of energy-related programs and activities under this title, including--

``(i) training programs for tribal environmental officials, program managers, and other governmental representatives;

``(ii) the development of model environmental policies and tribal laws, including tribal environmental review codes, and the creation and maintenance of a clearinghouse of best environmental management practices; and

``(iii) recommended standards for reviewing the implementation of tribal environmental laws and policies within tribal judicial or other tribal appeals systems.

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SA 849. Mr. FRIST submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

After title XV (as agreed to) add the following:

TITLE XVI--REPEAL OF DEATH TAX

SEC. 1601. REPEAL OF DEATH AND GENERATION-SKIPPING TRANSFER

TAXES ACCELERATED TO 2006.

(a) Death Tax Repeal.--

(1) In general.--Section 2210 of the Internal Revenue Code of 1986 (relating to termination) is amended--

(A) by striking ``December 31, 2009'' and inserting

``December 31, 2005'' both places it appears,

(B) by striking ``January 1, 2010'' in subsection (b) and inserting ``January 1, 2006'', and

(2) Generation-skipping transfer tax repeal.--Section 2664 of such Code (relating to termination) is amended by striking

``December 31, 2009'' and inserting ``December 31, 2005''.

(3) Conforming amendments.--

(A) The table contained in section 2010(c) of such Code is amended--

(i) by inserting a period after ``$1,500,000'', and

(ii) by striking the last 2 items.

(B) Section 1014(f) of such Code is amended by striking

``December 31, 2009'' and inserting ``December 31, 2005''.

(i) by striking ``December 31, 2009'' in subsection (a)(1) and inserting ``December 31, 2005'',

(ii) in subsection (d)(4)(A)--

(I) by striking ``2010'' and inserting ``2005'', and

(II) by striking ``2009'' in clause (ii) and inserting

``2005'', and

(iii) by striking ``december 31, 2009'' and inserting

``december 31, 2005''.

(D) The table contained in section 2001(c)(2)(B) of such Code is amended--

(i) by inserting a period after ``47 percent'', and

(ii) by striking the last 2 items.

(E) Section 2001(c)(2)(A) of such Code is amended by striking ``2010'' and inserting ``2005''.

(F) The item in the table of sections for part II of subchapter O of chapter 1 of such Code relating to section 1022 is amended by striking ``December 31, 2009'' and inserting ``December 31, 2005''.

(G) Section 501(d) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is amended by striking ``December 31, 2009'' and inserting ``December 31, 2005''.

(H) Paragraph (3) of section 511(f) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is amended by striking ``December 31, 2009'' and inserting

``December 31, 2005''.

(I) Paragraph (2) of section 521(e) of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is amended by striking ``December 31, 2009'' and inserting

``December 31, 2005''.

(J) Subsection (f) of section 542 of the Economic Growth and Tax Relief Reconciliation Act of 2001 (Public Law 107-16) is amended by striking ``December 31, 2009'' each place it appears and inserting ``December 31, 2005''.

(4) Effective Date.--The amendments made by this subsection shall apply to estates of decedents dying, gifts made, and generation skipping transfers after December 31, 2005.

(b) Permanent Repeal of Death Taxes.--Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by striking ``this Act'' and all that follows through

``2010.'' in subsection (a) and inserting ``this Act (other than title V) shall not apply to taxable, plan, or limitation years beginning after December 31, 2010.'', and by striking

``, estates, gifts, and transfers'' in subsection (b).

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SA 850. Mr. DORGAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:

Beginning on page 602, strike line 5 and all that follows through page 603, line 7, and insert the following:

SEC. 1107. NATIONAL POWER PLANT OPERATIONS TECHNOLOGY AND

EDUCATIONAL CENTER.

(a) Establishment.--The Secretary shall support the establishment of a National Power Plant Operations Technology and Education Center (referred to in this section as the

``Center''), to address the need for training and educating certified operators and technicians for the electric power industry.

(b) Location of Center.--The Secretary shall support the establishment of the Center at an institution of higher education that has--

(1) expertise in providing degree programs in electric power generation, transmission, and distribution technologies;

(2) expertise in providing onsite and Internet-based training; and

(3) demonstrated responsiveness to workforce and training requirements in the electric power industry.

(1) In general.--The Center shall provide training and continuing education in electric power generation, transmission, and distribution technologies and operations.

(2) Location.--The Center shall carry out training and education activities under paragraph (1)--

(A) at the Center; and

(B) through Internet-based information technologies that allow for learning at remote sites.

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SA 851. Mr. OBAMA submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 424, between lines 7 and 8, insert the following:

SEC. 706. JOINT FLEXIBLE FUEL/HYBRID VEHICLE

COMMERCIALIZATION INITIATIVE.

(a) Definitions.--In this section:

(1) Eligible entity.--The term eligible entity means--

(A) a for-profit corporation;

(B) a nonprofit corporation; or

(2) Program.--The term ``program'' means the applied research program established under subsection (b).

(b) Establishment.--The Secretary shall establish an applied research program to improve technologies for the commercialization of--

(1) a combination hybrid/flexible fuel vehicle; or

(2) a plug-in hybrid/flexible fuel vehicle.

(1) achieve the greatest reduction in miles per gallon of petroleum fuel consumption;

(2) achieve not less than 250 miles per gallon of petroleum fuel consumption; and

(3) have the greatest potential of commercialization to the general public within 5 years.

(d) Verification.--Not later than 90 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register procedures to verify--

(1) the hybrid/flexible fuel vehicle technologies to be demonstrated; and

(2) that grants are administered in accordance with this section.

(e) Report.--Not later than 260 days after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that--

(1) identifies the grant recipients;

(2) describes the technologies to be funded under the program;

(3) assesses the feasibility of the technologies described in paragraph (2) in meeting the goals described in subsection

(c);

(4) identifies applications submitted for the program that were not funded; and

(5) makes recommendations for Federal legislation to achieve commercialization of the technology demonstrated.

(f) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section, to remain available until expended--

(1) $3,000,000 for fiscal year 2005;

(2) $7,000,000 for fiscal year 2006;

(3) $10,000,000 for fiscal year 2007; and

(4) $20,000,000 for fiscal year 2008.

SEC. 707. DESIGNATION OF FUEL ECONOMY PENALTIES FOR FUEL

ECONOMY RESEARCH.

(a) In General.--Chapter 329 of title 49, United States Code, is amended by inserting after section 32915 the following new section:

``Sec. 32915A. Use of Civil Penalties For Fuel Economy

Research

``(a) Establishment of Account.--Not later than 180 days after the date of enactment of the Energy Policy Act of 2005, the Secretary of the Treasury shall establish an account in the Treasury of the United States consisting of--

``(1) such amounts as are collected as civil penalties imposed under section 32912 of this title after the date of enactment of the Energy Policy Act of 2005;

``(2) such amounts as were collected as civil penalties imposed under section 32912 of this title before the date of enactment of the Energy Policy Act of 2005 and that remain unobligated on such date;

``(3) such amounts as may be appropriated to the account; and

``(4) any interest earned on investment of amounts in the account.

``(b) Expenditures From Account.--On request by the Secretary of Transportation, the Secretary of the Treasury shall transfer from the account established under subsection

(a) to the Secretary of Transportation, without further appropriation, such amounts as the Secretary of Transportation determines are necessary to carry out the flexible fuel/hybrid vehicle commercialization initiative established under section 706 of the Energy Policy Act of 2005.

``(c) Investment of Amounts.--

``(1) In general.--The Secretary of the Treasury shall invest such portion of the account as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals.

``(2) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States.

``(3) Credits to account.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the account shall be credited to and form a part of the account.

``(d) Transfers of Amounts.--

``(1) In general.--The amounts required to be transferred to the account under this section shall be transferred at least monthly from the general fund of the Treasury to the account on the basis of estimates made by the Secretary of the Treasury.

``(2) Adjustments.--Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.''.

(b) Conforming Amendment.--The analysis for chapter 329 of title 49, United States Code, is amended by inserting after the item relating to section 32915 the following:

``32915A. Use of Civil Penalties For Fuel Economy Research.''.

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SA 852. Mrs. LINCOLN (for herself and Mr. Santorum) submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RENEWABLE LIQUID FUELS EXCISE TAX CREDIT.

(a) In General.--Subchapter B of chapter 65 of the Internal Revenue Code of 1986 (relating to rules of special application) is amended by inserting after section 6426 the following new section:

``SEC. 6426A. CREDIT FOR RENEWABLE LIQUID FUELS.

``(a) Allowance of Credits.--There shall be allowed as a credit against the tax imposed by section 4081 an amount equal to the renewable liquid mixture credit.

``(b) Renewable Liquid Mixture Credit.--

``(1) In general.--For purposes of this section, the renewable liquid mixture credit is the product of the applicable amount and the number of gallons of renewable liquid used by the taxpayer in producing any renewable liquid mixture for sale or use in a trade or business of the taxpayer.

``(2) Applicable amount.--For purposes of this section, the applicable amount is $0.75.

``(3) Renewable liquid mixture.--For purposes of this section, the term `renewable liquid mixture' means a mixture of renewable liquid and taxable fuel which--

``(A) is sold by the taxpayer producing such mixture to any person for use as a fuel or feedstock, or

``(B) is used as a fuel or feedstock by the taxpayer producing such mixture.For purposes of subparagraph (A), a mixture produced by any person at a refinery prior to a taxable event which includes renewable liquid shall be treated as sold at the time of its removal from the refinery (and only at such time) or sold to another person for use as a fuel or feedstock.

``(c) Other Definitions.--For purposes of this subsection:

``(1) Renewable liquid.--The term `renewable liquid' means liquid fuels derived from waste and byproduct streams including; agricultural byproducts and wastes, aqua-culture products produced from waste streams, food processing plant byproducts, municipal solid and semi-solid waste streams, industrial waste streams, automotive scrap waste streams, and as further provided by regulations.

``(2) Taxable fuel.--The term `taxable fuel' has the meaning given such term by section 4083(a)(1).

``(3) Feedstock.--The term `feedstock' means any precursor material subject to further processing to make a petrochemical, solvent, or other fuel which has the effect of displacing conventional fuels, or products produced from conventional fuels.

``(4) Additional definitions.--Any term used in this section which is also used in section 40B shall have the meaning given such term by section 40B.

``(d) Certification for Renewable Liquid Fuel.--No credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer of the renewable liquid fuel, which identifies the product produced.

``(e) Mixture Not Used as Fuel, Etc.--

``(1) Imposition of tax.--If--

``(A) any credit was determined under this section with respect to renewable liquid used in the production of any renewable liquid mixture, and

``(B) any person--

``(i) separates the renewable liquid from the mixture, or

``(ii) without separation, uses the mixture other than as a fuel,then there is hereby imposed on such person a tax equal to the product of the applicable amount and the number of gallons of such renewable liquid.

``(2) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under paragraph (1) as if such tax were imposed by section 4081 and not by this section.

``(f) Coordination With Exemption From Excise Tax.--Rules similar to the rules under section 40 (c) shall apply for purposes of this section.

``(g) Termination.--This section shall not apply to any sale, use, or removal for any period after December 31, 2010.''.

(b) Registration Requirement.--Section 4101(a)(1) of the Internal Revenue Code of 1986 (relating to registration), as amended by this Act, is amended by inserting ``and every person producing or importing renewable liquid as defined in section 6426A(c)(1)'' before ``shall register with the Secretary''.

(c) Payments.--Section 6427 of the Internal Revenue Code of 1986 is amended by inserting after subsection (f) the following new subsection:

``(g) Renewable Liquid Used to Produce Mixture.--

``(1) Used to produce a mixture.--If any person produces a mixture described in section 6426A in such person's trade or business, the Secretary shall pay (without interest) to such person an amount equal to the renewable liquid mixture credit with respect to such mixture.

``(2) Coordination with other repayment provisions.--No amount shall be payable under paragraph (1) with respect to any mixture with respect to which an amount is allowed as a credit under section 6426A.

``(3) Termination.--This subsection shall not apply with respect to any renewable liquid fuel mixture (as defined in section 6426A(b)(3) sold or used after December 31, 2010.''.

(d) Conforming Amendment.--The last sentence of section 9503(b)(1) of the Internal Revenue Code of 1986 is amended by striking ``section 6426'' and inserting ``sections 6426 and 6426A''.

(e) Clerical Amendment.--The table of sections for subchapter B of chapter 65 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 6426 the following new item:

``Sec. 6426A. Credit for renewable liquid fuels.''.

(f) Effective Dates.--

(1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to fuel sold or used on or after January 1, 2005.

(2) Registration requirement.--The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.

SEC. __. RENEWABLE LIQUID INCOME TAX CREDIT.

(a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits) is amended by inserting after section 40A the following new section:

``SEC. 40B. RENEWABLE LIQUID USED AS FUEL.

``(a) General Rule.--For purposes of section 38, the renewable liquid credit determined under this section for the taxable year is an amount equal to the sum of--

``(1) the renewable liquid mixture credit, plus

``(2) the renewable liquid credit.

``(b) Definition of Renewable Liquid Mixture Credit and Renewable Liquid Credit.--For purposes of this section--

``(1) Renewable liquid mixture credit.--

``(A) In general.--The renewable liquid mixture credit of any taxpayer for any taxable year is $0.75 for each gallon of renewable liquid fuel used by the taxpayer in the production of a qualified renewable liquid fuel mixture.

``(B) Qualified renewable liquid mixture.--The term

`qualified renewable liquid mixture' means a mixture of renewable liquid and taxable fuel (as defined in section 4083(a)(1)), which--

``(i) is sold by the taxpayer producing such a mixture to any person for use as a fuel or feedstock, or

``(ii) is used as a fuel or feedstock by the taxpayer producing such mixture.

``(C) Sale or use must be in trade or business, etc.--Renewable liquid used in the production of a qualified renewable liquid fuel mixture shall be taken into account--

``(i) only if the sale or use described in subparagraph (B) is in a trade or business of the taxpayer, and

``(ii) for the taxable year in which such sale or use occurs.

``(2) Renewable liquid credit.--

``(A) In general.--The renewable liquid credit of any taxpayer for any taxable year is $0.75 for each gallon of renewable liquid which is not in a mixture with taxable fuel and which during the taxable year--

``(i) is used by the taxpayer as a fuel or feedstock in a trade or business, or

``(ii) is sold by the taxpayer at retail to a person and placed in the fuel tank of such person's vehicle.

``(B) User credit not to apply to renewable liquid sold at retail.--No credit shall be allowed under subparagraph (A)(i) with respect to any renewable liquid which was sold in a retail sale described in subparagraph (A)(ii).

``(c) Certification for Renewable Liquid.--No credit shall be allowed under this section unless the taxpayer obtains a certification (in such form and manner as prescribed by the Secretary) from the producer or importer of the renewable liquid fuel which identifies the product produced and percentage of renewable liquid fuel in the product.

``(d) Coordination With Credit Against Excise Tax.--The amount of the credit determined under this section with respect to any renewable liquid fuel shall be properly reduced to take into account any benefit provided with respect to such renewable liquid fuel solely by reason of the application of section 6426A or 6427(g).

``(e) Definitions and Special Rules.--For purposes of this section, the term `renewable liquid' means liquid fuels derived from waste and byproduct streams including; agricultural byproducts and wastes, agriculture materials produced from waste streams, food processing plant byproducts, municipal solid and semi-solid waste streams, industrial waste streams, automotive scrap waste streams, as further provided by regulations.

``(f) Mixture or Renewable Liquid Not Used as a Fuel, Etc.--

``(1) Mixtures.--If--

``(A) any credit was determined under this section with respect to renewable liquid used in the production of any qualified renewable liquid mixture, and

``(B) any person--

``(i) separates the renewable liquid from the mixture, or

``(ii) without separation, uses the mixture other than as a fuel,then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(1)(A) and the number of gallons of such renewable liquid in such mixture.

``(2) Renewable liquid.--If--

``(A) any credit was determined under this section with respect to the retail sale of any renewable liquid, and

``(B) any person mixes such renewable liquid or uses such renewable liquid other than as a fuel, then there is hereby imposed on such person a tax equal to the product of the rate applicable under subsection (b)(2)(A) and the number of gallons of such renewable liquid.

``(3) Applicable laws.--All provisions of law, including penalties, shall, insofar as applicable and not inconsistent with this section, apply in respect of any tax imposed under subparagraph (A) or (B) as if such tax were imposed by section 4081 and not by this chapter.

``(g) Pass-Thru in the Case of Estates and Trusts.--Under regulations prescribed by the Secretary, rules similar to the rules of subsection (d) of section 52 shall apply.

``(h) Termination.--This section shall not apply to any sale or use after December 31, 2010.''.

(b) Credit Treated as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit), as amended by this Act, is amended by striking ``plus'' at the end of paragraph (23), by striking the period at the end of paragraph (24), and inserting ``, plus'', and by inserting after paragraph (24) the following new paragraph:

``(25) The renewable liquid credit determined under section 40B.''.

(c) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter I of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 40A the following new item:

``Sec. 40B. Renewable liquid used as fuel.''.

(d) Effective Date.--The amendments made by this section shall apply to fuel produced, and sold as used, on or after January 1, 2005.

______

SA 853. Mr. STEVENS submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. __. TAX-EXEMPT TREATMENT OF CERTAIN BONDS ISSUED BY

CERTAIN JOINT ACTION AGENCIES.

(a) In General.--For purposes of the Internal Revenue Code of 1986, with respect to the issuance of any bond by any joint action agency described in subsection (b), if such bond satisfies the requirements of subsection (c) then--

(1) such bond shall be treated as issued by a political subdivision for purposes of section 103 of such Code, and

(2) the sale of power by such agency to its members shall not result in such bond being treated as a private activity bond under section 141 of such Code.

(b) Agency Described.--An agency is described in this subsection if such agency is established under State law on or after December 31, 2000, and before August 1, 2005, for the purpose of participating in the design, construction, operation, and maintenance of 1 or more generating or transmission facilities and is treated under such law as a public utility.

(1) such issue satisfies the requirements of section 147(f)(2) of the Internal Revenue Code of 1986 (relating to public approval),

(2) such issue receives an allocation of the issuance limitation described in paragraph (3) by the governmental unit approving such issue under paragraph (1),

(3) the aggregate face amount of the bonds issued pursuant to such issue, when added to the aggregate face amount of bonds previously issued by all agencies described in subsection (b), does not exceed $1,000,000,000, and

(4) any bond issued pursuant to such issue is issued after the date of the enactment of this Act and before January 1, 2011.

______

SA 854. Mr. STEVENS submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. EXPANSION OF RESOURCES TO WAVE, CURRENT, TIDAL, AND

OCEAN THERMAL ENERGY.

(a) In General.--Section 45(c)(1) of the Internal Revenue Code of 1986 (defining qualified energy resources), as amended by this Act, is amended by striking ``and'' at the end of subparagraph (H), by striking the period at the end of subparagraph (I) and inserting ``, and'', and by adding at the end the following new subparagraph:

``(J) wave, current, tidal, and ocean thermal energy.''

(b) Definition of Resources.--Section 45(c) of such Code, as amended by this Act, is amended by adding at the end the following new paragraph:

``(9) Wave, current, tidal, and ocean thermal energy.--The term `wave, current, tidal, and ocean thermal energy' means electricity produced from any of the following:

``(A) Free flowing ocean water derived from tidal currents, ocean currents, waves, or estuary currents.

``(B) Ocean thermal energy.

``(C) Free flowing water in rivers, lakes, man made channels, or streams.''

(c) Facilities.--Section 45(d) of such Code, as amended by this Act, is amended by adding at the end the following new paragraph:

``(10) Wave, current, tidal, and ocean thermal facility.--In the case of a facility using resources described in subparagraph (A), (B), or (C) of subsection (c)(9) to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after the date of the enactment of this paragraph and before January 1, 2010, but such term shall not include a facility which includes impoundment structures.''

______

SA 855. Mr. STEVENS submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DEFINITION OF BIODIESEL.

(a) In General.--Paragraph (1) of section 40A(d) of the Internal Revenue Code of 1986 (defining biodiesel) is amended by adding at the end the following new flush sentence:

``Such term also includes long chain fatty acids from animal products produced under the regulatory authority of the Food and Drug Administration.''

(b) Effective Date.--The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

______

SA 856. Mr. STEVENS submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. SMALL IRRIGATION POWER.

(a) In General.--Section 45(c)(5) of the Internal Revenue Code of 1986 (defining small irrigation power) is amended by adding at the end the following flush sentence:

``Such term includes power generated at FERC project numbers 1051, 10440, 11393, 11077, and 11588.''

(b) Effective Date.--The amendment made by this section shall apply to sales after the date of the enactment of this Act, in taxable years ending after such date.

______

SA 857. Mr. BURR submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 160, before line 1, insert the following:

SEC. 220. IMPROVING MOTOR FUEL SUPPLY AND DISTRIBUTION.

(a) Limiting Number of Boutique Fuels.--Section 211(c)(4)(C) of the Clean Air Act (42 U.S.C. 7545(c)(4)(C))

(as amended by section 228) is amended by adding at the end the following:

``(iii)(I) The Administrator shall have no authority, when considering a State implementation plan or a State implementation plan revision, to approve under this paragraph any fuel included in such plan or revision if the effect of such approval would be to increase the total number of fuels approved under this paragraph as of January 1, 2005 in all State implementation plans.

``(II) The Administrator, in consultation with the Secretary of Energy, shall determine the total number of fuels approved under this paragraph as of January 1, 2005, in all State implementation plans and shall publish a list of such fuels, including the states and Petroleum Administration for Defense District in which they are used, in the Federal Register no later than 90 days after enactment.

``(III) The Administrator shall remove a fuel from the list published under subclause (II) if a fuel ceases to be included in a State implementation plan or if a fuel in a State implementation plan is identical to a Federal fuel formulation implemented by the Administrator, but the Administrator shall not reduce the total number of fuels authorized under the list published under subclause (II).

``(IV) Subclause (I) shall not apply to approval by the Administrator of a control or prohibition respecting any new fuel under this paragraph in a State's implementation plan or a revision to that State's implementation plan after the date of enactment of this Act if the fuel, as of the date of consideration by the Administrator--

``(aa) would replace completely a fuel on the list published under subclause (II);

``(bb) has been approved in at least one State implementation plan in the applicable Petroleum Administration for Defense District; or

``(cc) is a fuel that differs from the Federal conventional gasoline specifications under subsection (k)(8) only with respect to the requirement of a summertime Reid Vapor Pressure of 7.0 or 7.8 pounds per square inch.

``(V) Nothing in this clause shall be construed to have any effect regarding any available authority of States to require the use of any fuel additive registered in accordance with subsection (b), including any fuel additive registered in accordance with subsection (b) after the enactment of this subclause.

``(VI) In this clause:

``(aa) The term `control or prohibition respecting a new fuel' means a control or prohibition on the formulation, composition, or emissions characteristics of a fuel that would require the increase or decrease of a constituent in gasoline or diesel fuel.

``(bb) The term `fuel' means gasoline, diesel fuel, and any other liquid petroleum product commercially known as gasoline and diesel fuel for use in highway and non-road motor vehicles.''.

(b) Temporary Waivers During Supply Emergencies.--Section 211(c)(4) of the Clean Air Act (42 U.S.C. 7545(c)(4)) is amended by adding at the end the following:

``(D) Temporary waivers during supply emergencies.--The Administrator may temporarily waive a control or prohibition with respect to the use of a fuel or fuel additive required or regulated by the Administrator under subsection (c), (h),

(i), (k), or (m), or prescribed in an applicable implementation plan under section 110 that is approved by the Administrator under subparagraph (c)(4)(C)(i), if, after consultation with and concurrence by the Secretary of Energy, the Administrator determines that--

``(i) an extreme and unusual fuel or fuel additive supply circumstance exists in a State or region that prevents the distribution of an adequate supply of the fuel or fuel additive to consumers;

``(ii) the extreme and unusual fuel or fuel additive supply circumstance is the result of a natural disaster, an act of God, a pipeline or refinery equipment failure, or another event that could not reasonably have been foreseen or prevented and not a lack of prudent planning on the part of the suppliers of the fuel or fuel additive to the State or region; and

``(iii) it is in the public interest to grant the waiver.

``(E) Requirements for waiver.--

``(i) Definition of motor fuel distribution system.--In this subparagraph, the term `motor fuel distribution system' has the meaning given the term by the Administrator, by regulation.

``(ii) Requirements.--A waiver under subparagraph (D) shall be permitted only if--

``(I) the waiver applies to the smallest geographic area necessary to address the extreme and unusual fuel or fuel additive supply circumstance;

``(II) the waiver is effective for a period of 15 calendar days or, if the Administrator determines that a shorter or longer waiver period is adequate, for the shortest practicable time period necessary to permit the correction of the extreme and unusual fuel or fuel additive supply circumstances and to mitigate impact on air quality;

``(III) the waiver permits a transitional period, the duration of which shall be determined by the Administrator, after the termination of the temporary waiver to permit wholesalers and retailers to blend down wholesale and retail inventory;

``(IV) the waiver applies to all persons in the motor fuel distribution system; and

``(V) the Administrator has given public notice regarding consideration by the Administrator of, and, if applicable, the granting of, a waiver to all parties in the motor fuel distribution system, State and local regulators, public interest groups, and consumers in the State or region to be covered by the waiver.

``(F) Affect on waiver authority.--Nothing in subparagraph

(D)--

``(i) limits or otherwise affects the application of any other waiver authority of the Administrator under this section or a regulation promulgated pursuant to this section; or

``(ii) subjects any State or person to an enforcement action, penalties, or liability solely arising from actions taken pursuant to the issuance of a waiver under subparagraph

(D).''.

______

SA 858. Mr. SALAZAR submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

Beginning on page 290, strike line 6 and all that follows through page 296, line 25, and insert the following:

SEC. 346. OIL SHALE.

(a) Declaration of Policy.--Congress declares that it is the policy of the United States that--

(1) United States oil shale and tar sands are strategically important domestic resources that should be developed through methods that help reduce the growing dependence of the United States on politically and economically unstable sources of foreign oil imports;

(2) the development of oil shale and tar sands, for research and commercial development, should be conducted in an economically feasible and environmentally sound manner, using practices that minimize impacts;

(3) development should occur at a deliberate pace, with an emphasis on sustainability, to benefit the United States while taking into account affected States and communities; and

(4) the Secretary of the Interior should work toward developing a commercial leasing program for oil shale and tar sands so that such a program can be implemented when production technologies are commercially viable.

(b) Leasing Program.--

(1) Research and development.--

(A) In general.--In accordance with section 21 of the Mineral Leasing Act (30 U.S.C. 241) and any other applicable law, except as provided in this section, not later than 1 year after the date of enactment of this Act, from land otherwise available for leasing, the Secretary of the Interior (referred to in this section as the ``Secretary'') shall, for a period determined by the Secretary, make available for leasing such land as the Secretary considers to be necessary to conduct research and development activities with respect to innovative technologies for the recovery of shale oil from oil shale resources on public land.

(B) Application.--The Secretary may offer to lease the land to persons that submit an application for the lease, if the Secretary determines that there is no competitive interest in the land.

(i) provide for environmentally sound research and development of oil shale;

(ii) provide for an appropriate return to the public, as determined by the Secretary;

(iii) before carrying out any activity that will disturb the surface of land, provide for an adequate bond, surety, or other financial arrangement to ensure reclamation;

(iv) provide for a primary lease term of 10 years, after which the lease term may be extended if the Secretary determines that diligent research and development activities are occurring on the land leased;

(v) require the owner or operator of a project under this subsection, within such period as the Secretary may determine--

(I) to submit a plan of operations;

(II) to develop an environmental protection plan; and

(III) to undertake diligent research and development activities;

(vi) ensure that leases under this section are not larger than necessary to conduct research and development activities under an application under subparagraph (B);

(vii) provide for consultation with affected State and local governments; and

(viii) provide for such requirements as the Secretary determines to be in the public interest.

(2) Commercial leasing.--Prior to conducting commercial leasing, the Secretary shall carry out--

(A) the programmatic environmental impact statement required under subsection (c); and

(B) the analysis required under subsection (d).

(3) Moneys received.--Any moneys received from a leasing activity under this subsection shall be paid in accordance with section 35 of the Mineral Leasing Act (30 U.S.C. 191).

(c) Programmatic Environmental Impact Statement.--Not later than 18 months after the date of enactment of this Act, in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)), the Secretary shall complete a programmatic environmental impact statement that analyzes potential leasing for commercial development of oil shale resources on public land.

(d) Analysis of Potential Leasing Program.--

(1) In general.--Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to Congress a report (including recommendations) analyzing a potential leasing program for the commercial development of oil shale on public land.

(2) Inclusions.--The report under paragraph (1) shall include--

(A) an analysis of technologies and research and development programs for the production of oil and other materials from oil shale and tar sands in existence on the date on which the report is prepared;

(B) an analysis of--

(i) whether leases under the program should be issued on a competitive basis;

(ii) the term of the leases;

(iii) the maximum size of the leases;

(iv) the use and distribution of bonus bid lease payments;

(v) the royalty rate to be applied, including whether a sliding scale royalty rate should be used;

(vi) whether an opportunity should be provided to convert research and development leases into leases for commercial development, including the terms and conditions that should apply to the conversion;

(vii) the maximum number of leases and maximum acreage to be leased under the leasing program to an individual; and

(viii) any infrastructure required to support oil shale development in industry and communities;

(C) an identification of events that should serve as a precursor to commercial leasing, including development of environmentally and commercially viable technologies, and the completion of land use planning and environmental reviews; and

(D) an analysis, developed in conjunction with the appropriate State water resource agencies, of the demand for, and availability of, water with respect to the development of oil shale and tar sands.

(3) Public participation.--In preparing the report under this subsection, the Secretary shall provide notice to, and solicit comment from--

(A) the public;

(B) representatives of local governments;

(D) other interested parties.

(4) Participation by certain states.--In preparing the report under this subsection, the Secretary shall--

(A) provide notice to, and solicit comment from, the Governors of the States of Colorado, Utah, and Wyoming; and

(B) incorporate into the report submitted to Congress under paragraph (1) any response of the Secretary to those comments.

(e) Oil Shale and Tar Sands Task Force.--

(1) Establishment.--The Secretary of Energy, in cooperation with the Secretary of the Interior, shall establish an Oil Shale and Tar Sands Task Force to develop a program to coordinate and accelerate the commercial development of oil shale and tar sands in an integrated manner.

(2) Composition.--The Task Force shall be composed of--

(A) the Secretary of Energy (or the designee of the Secretary of Energy);

(B) the Secretary of Defense (or the designee of the Secretary of Defense);

(D) the Governors of the affected States; and

(E) representatives of local governments in affected areas.

(3) Development of a 5-year plan.--

(A) In general.--The Task Force shall formulate a 5-year plan to promote the development of oil shale and tar sands by industry.

(B) Components.--In formulating the plan, the Task Force shall--

(i) identify public actions that are required to stimulate prudent development of oil shale and tar sands by industry;

(ii) analyze the costs and benefits of those actions;

(iii) make recommendations concerning specific actions that should be taken to stimulate prudent development of oil shale and tar sands by industry, including economic, investment, tax, technology, research and development, infrastructure, environmental, education, and socio-economic actions;

(iv) consult with representatives of industry and other stakeholders;

(v) provide notice and opportunity for public comment on the plan;

(vi) identify oil shale and tar sands technologies that--

(I) are ready for pilot plant and semiworks development; and

(II) have a high probability of leading to advanced technology for first- or second-generation commercial production; and

(vii) assess the availability of water from the Green River Formation to meet the needs of the oil shale and tar sands industry.

(4) National program office.--The Task Force shall analyze and make recommendations regarding the need for a national program office to administer the plan.

(5) Partnership.--The Task Force shall recommend whether to initiate a partnership with Alberta, Canada, for purposes of sharing information relating to the development and production of oil from tar sands.

(6) Reports.--

(A) Initial report.--Not later than 180 days after the date of enactment of this Act, the Task Force shall submit to the President and Congress a report that describes the analysis and recommendations of the Task Force and contains the 5-year plan.

(B) Subsequent reports.--The Secretary of Energy shall provide an annual report describing the progress in carrying out the plan for each of the 5 years following submission of the report provided for in subparagraph (A).

(f) Mineral Leasing Act Amendments.--Section 21(a) of the Mineral Leasing Act (30 U.S.C. 241(a)) is amended--

(1) by designating the first, second, and third sentences as paragraphs (1), (2), and (3), respectively; and

(2) in paragraph (3) (as designated by paragraph (1))--

(A) by striking ``rate of 50 cents per acre'' and inserting

``rate of $2.00 per acre''; and

(B) in the last proviso--

(i) by striking ``That not more than one lease shall be granted under this section to any'' and inserting ``That no''; and

(ii) by striking ``except that with respect to leases for'' and inserting ``shall acquire or hold more than 25,000 acres of oil shale leases in the United States. For''.

(g) Cost-Shared Demonstration Technologies.--

(1) Identification.--The Secretary of Energy shall identify technologies for the development of oil shale and tar sands that--

(A) are ready for demonstration at a commercially-representative scale; and

(B) have a high probability of leading to commercial production.

(2) Assistance.--For each technology identified under paragraph (1), the Secretary of Energy may provide--

(A) technical assistance;

(B) assistance in meeting environmental and regulatory requirements; and

(h) Technical Assistance.--

(1) In general.--The Secretary of Energy shall provide technical assistance to private industry for the purpose of overcoming technical challenges to the development of oil shale and tar sands technologies for application in the United States.

(2) Administration.--The Secretary of Energy may provide technical assistance under this section on a fee-for-service or cost-shared basis in accordance with section 1002 through individual agreements, cooperative research and development agreements, partnerships, or other approaches.

(i) National Oil Shale Assessment.--

(1) Assessment.--

(A) In general.--The Secretary shall carry out a national assessment of oil shale resources for the purposes of evaluating and mapping oil shale deposits, in the geographic areas described in subparagraph (B).

(B) Geographic areas.--The geographic areas referred to in subparagraph (A), listed in the order in which the Secretary shall assign priority, are--

(i) the Green River Region of the States of Colorado, Utah, and Wyoming;

(ii) the Devonian oil shales of the eastern United States; and

(iii) any remaining area in the central and western United States (including the State of Alaska) that contains oil shale, as determined by the Secretary.

(2) Use of state surveys and universities.--In carrying out the assessment under paragraph (1), the Secretary may request assistance from any State-administered geological survey or university.

(j) State Water Rights.--Nothing in this section preempts or affects any State water law or interstate compact relating to water.

(k) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.

______

SA 859. Mr. WARNER submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 160, before line 1, insert the following:

SEC. 220. TREATMENT OF NUCLEAR ENERGY.

For the purposes of any renewable standard established by this title or an amendment made by this title, nuclear energy shall be considered to be a renewable form of energy.

______

SA 860. Mr. WARNER submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 310, after line 25, add the following:

SEC. 372. OUTER CONTINENTAL SHELF REVENUE SHARING FOR

NONMORATORIA COASTAL PRODUCING STATES.

(a) In General.--The Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) is amended by adding at the end the following:

``SEC. 32. OUTER CONTINENTAL SHELF REVENUE SHARING FOR

NONMORATORIA COASTAL PRODUCING STATES.

``(a) Definitions.--In this section:

``(1) Coastal political subdivision.--The term `coastal political subdivision' means a political subdivision of a producing State, all or part of which lies within the boundaries of the coastal zone of the producing State that are identified in the coastal zone management program for the producing State under the Coastal Zone Management Act of 1972

(16 U.S.C. 1451 et seq.), as in effect on the date of enactment of this section.

``(2) Coastal population.--The term `coastal population' means the population, as determined by the most recent official data of the Census Bureau, of each political subdivision, any part of which lies within the designated coastal boundary of a State (as defined in a coastal zone management program of the State under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)).

``(3) Coastal state.--The term `coastal State' has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

``(4) Coastline.--The term `coastline' has the meaning given the term in section 2 of the Submerged Lands Act (43 U.S.C. 1301).

``(5) Distance.--The term `distance' means the minimum great circle distance, measured in statute miles.

``(6) Leased tract.--The term `leased tract' means a tract that is subject to a lease under section 6 or 8 for the purpose of drilling for, developing, and producing oil or natural gas resources.

``(7) Political subdivision.--The term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs.

``(8) Producing state.--

``(A) In general.--The term `producing State' means a coastal State that has a coastal seaward boundary within 200 miles of the geographic center of a leased tract within any area of the outer Continental Shelf.

``(B) Inclusion.--The term `producing State' includes any State that begins production on a leased tract on or after the date of enactment of this section, regardless of whether the leased tract was on any date subject to a leasing moratorium.

``(9) Qualified outer continental shelf revenues.--

``(A) In general.--The term `qualified Outer Continental Shelf revenues' means all amounts received by the United States from each leased tract or portion of a leased tract--

``(i) lying--

``(I) seaward of the zone covered by section 8(g); or

``(II) within the zone covered by section 8(g), but to which section 8(g) does not apply; and

``(ii) the geographic center of which lies within 200 miles of any part of the coastline of any coastal State.

``(B) Inclusions.--The term `qualified Outer Continental Shelf revenues' includes bonus bids, rents, royalties

(including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued under this Act.

``(10) Transferred amount.--The term `transferred amount' means the amount transferred to the Secretary under subsection (b)(1) to make payments to producing States and coastal political subdivisions under this section for a fiscal year.

``(b) Payments to Producing States and Coastal Political Subdivisions.--

``(1) Transfer of amounts.--From qualified Outer Continental Shelf revenues deposited in the Treasury under this Act for a fiscal year, the Secretary of the Treasury shall transfer to the Secretary to make payments to producing States and coastal political subdivisions under this section--

``(A) for each of fiscal years 2006 through 2010,

$500,000,000; and

``(B) for fiscal year 2011 and each subsequent fiscal year, an amount equal to 50 percent of qualified Outer Continental Shelf revenues received for a fiscal year.

``(2) Disbursement.--During each fiscal year, the Secretary shall, subject to the availability of appropriations for purposes of paragraph (1)(A), and without further appropriation for purposes of paragraph (1)(B), disburse to each producing State for which the Secretary has approved a plan under subsection (c), and to coastal political subdivisions under paragraph (4), the funds allocated to the producing State or coastal political subdivision under this section for the fiscal year.

``(3) Allocation among producing states.--

``(A) In general.--The transferred amount shall be allocated to each producing State based on the ratio that--

``(i) the amount of qualified outer Continental Shelf revenues generated off the coastline of the producing State; bears to

``(ii) the amount of qualified outer Continental Shelf revenues generated off the coastline of all producing States.

``(B) Qualified outer continental shelf revenues.--

``(i) Fiscal years 2006 through 2008.--For each of fiscal years 2006 through 2008, a calculation of a payment under this subsection shall be based on qualified outer Continental Shelf revenues received during fiscal year 2005.

``(ii) Fiscal years 2009 through 2010.--For each of fiscal years 2009 through 2010, a calculation of a payment under this subsection shall be based on qualified outer Continental Shelf revenues received during fiscal year 2008.

``(iii) Fiscal year 2011 and thereafter.--Beginning in fiscal year 2011, a calculation of a payment under this subsection for each fiscal year during a 2-year fiscal year period shall be based on qualified outer Continental Shelf revenues received during the fiscal year preceding the first fiscal year of the 2-year fiscal year period.

``(C) Multiple producing states.--If more than 1 producing State is located within 200 miles of any portion of a leased tract, the amount allocated to each producing State for the leased tract shall be inversely proportional to the distance between--

``(i) the nearest point on the coastline of the producing State; and

``(ii) the geographic center of the leased tract.

``(D) Minimum allocation.--An amount allocated to a producing State under this paragraph shall be not less than 1 percent of the transferred amount.

``(4) Payments to coastal political subdivisions.--

``(A) In general.--The Secretary shall pay 35 percent of the amount allocated under paragraph (3) to the coastal political subdivisions in the producing State.

``(B) Formula.--Of the amount paid by the Secretary to coastal political subdivisions under subparagraph (A)--

``(i) 25 percent shall be allocated to each coastal political subdivision in the proportion that--

``(I) the coastal population of the coastal political subdivision; bears to

``(II) the coastal population of all coastal political subdivisions in the producing State;

``(ii) 25 percent shall be allocated to each coastal political subdivision in the proportion that--

``(I) the number of miles of coastline of the coastal political subdivision; bears to

``(II) the number of miles of coastline of all coastal political subdivisions in the producing State; and

``(iii) 50 percent shall be allocated in amounts that are inversely proportional to the respective distances between the points in each coastal political subdivision that are closest to the geographic center of each leased tract, as determined by the Secretary.

``(C) Exception for louisiana.--For the purposes of subparagraph (B)(ii), the coastline for coastal political subdivisions in the State of Louisiana without a coastline shall be the average length of the coastline of all other coastal political subdivisions in the State of Louisiana.

``(D) Exception for alaska.--For the purposes of carrying out subparagraph (B)(iii) in the State of Alaska, the amount allocated shall be divided equally among the 2 coastal political subdivisions that are closest to the geographic center of a leased tract.

``(5) No approved plan.--

``(A) In general.--Subject to subparagraph (B) and except as provided in subparagraph (C), if any amount allocated to a producing State or coastal political subdivision under paragraph (3) or (4) is not disbursed because the producing State does not have in effect a plan that has been approved by the Secretary under subsection (c), the Secretary shall allocate the undisbursed amount equally among all other producing States.

``(B) Retention of allocation.--The Secretary shall hold in escrow an undisbursed amount described in subparagraph (A) until the date that the final appeal regarding the disapproval of a plan submitted under subsection (c) is decided.

``(C) Waiver.--The Secretary may waive the requirements of subparagraph (A) with respect to an allocated share of a producing State and hold the allocable share in escrow if the Secretary determines that the producing State is making a good faith effort to develop and submit, or update, a plan in accordance with subsection (c).

``(c) Coastal Impact Assistance Plan.--

``(1) Submission of state plan.--

``(A) In general.--Not later than July 1, 2008, the Governor of a producing State shall submit to the Secretary a coastal impact assistance plan.

``(B) Public participation.--In carrying out subparagraph

(A), the Governor shall solicit local input and provide for public participation in the development of the plan.

``(2) Approval.--

``(A) In general.--The Secretary shall approve a plan of a producing State submitted under paragraph (1) before disbursing any amount to the producing State, or to a coastal political subdivision located in the producing State, under this section.

``(B) Components.--The Secretary shall approve a plan submitted under paragraph (1) if--

``(i) the Secretary determines that the plan is consistent with the uses described in subsection (d); and

``(ii) the plan contains--

``(I) the name of the State agency that will have the authority to represent and act on behalf of the producing State in dealing with the Secretary for purposes of this section;

``(II) a program for the implementation of the plan that describes how the amounts provided under this section to the producing State will be used;

``(III) for each coastal political subdivision that receives an amount under this section--

``(aa) the name of a contact person; and

``(bb) a description of how the coastal political subdivision will use amounts provided under this section;

``(IV) a certification by the Governor that ample opportunity has been provided for public participation in the development and revision of the plan; and

``(V) a description of measures that will be taken to determine the availability of assistance from other relevant Federal resources and programs.

``(3) Amendment to a plan.--Any amendment to a plan submitted under paragraph (1) shall be--

``(A) developed in accordance with this subsection; and

``(B) submitted to the Secretary for approval or disapproval under paragraph (4).

``(4) Procedure.--Except as provided in subparagraph (B), not later than 90 days after the date on which a plan or amendment to a plan is submitted under paragraph (1) or (3), the Secretary shall approve or disapprove the plan or amendment.

``(d) Authorized Uses.--

``(1) Fiscal years 2006 through 2010.--A producing State or coastal political subdivision shall use any amount transferred under subsection (b)(1)(A) that is distributed to the producing State or coastal political subdivision, including any amount deposited in a trust fund that is administered by the State or coastal political subdivision and dedicated to a use consistent with this section, in accordance with all applicable Federal and State law, only for 1 or more of the following purposes:

``(A) Projects and activities for the conservation, protection, or restoration of coastal areas, including wetland.

``(B) Mitigation of damage to fish, wildlife, or natural resources.

``(C) Planning assistance and the administrative costs of complying with this section.

``(D) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan.

``(E) Mitigation of the impact of outer Continental Shelf activities through funding of onshore infrastructure, education, health care, and public service needs.

``(2) Fiscal year 2011 and thereafter.--A producing State or coastal political subdivision shall use at least 25 percent of any amount transferred under subsection (b)(1)(B) that is distributed to the producing State or coastal political subdivision, including any amount deposited in a trust fund that is administered by the State or coastal political subdivision and dedicated to a use consistent with this section, for 1 or more of the purposes described in paragraph (1).

``(3) Compliance with authorized uses.--If the Secretary determines that any expenditure made by a producing State or coastal political subdivision is not consistent with this subsection, the Secretary shall not disburse any additional amount under this section to the producing State or the coastal political subdivision until all amounts obligated for unauthorized uses have been repaid or reobligated for authorized uses.''.

(b) Establishment of Seaward Lateral Boundaries for Coastal States.--Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended--

(1) by inserting ``(i)'' after ``(A)'';

(2) in the first sentence--

(A) by striking ``President shall'' and inserting

``Secretary shall by regulation''; and

(B) by inserting before the period at the end the following: ``not later than 180 days after the date of enactment of the Stewardship for Our Coasts and Opportunities for Reliable Energy Act''; and

(3) by adding at the end the following:

``(i)(I) For purposes of this Act (including determining boundaries to authorize leasing and preleasing activities and any attributing revenues under this Act and calculating payments to producing States and coastal political subdivisions under section 32), the Secretary shall delineate the lateral boundaries between coastal States in areas of the outer Continental shelf under exclusive Federal jurisdiction, to the extent of the exclusive economic zone of the United States, in accordance with article 15 of the United Nations Convention on the Law of the Sea of December 10, 1982.

``(II) This clause shall not affect any right or title to Federal submerged land on the outer Continental Shelf.''.

(c) Option to Petition for Leasing Within Certain Areas on the Outer Continental Shelf.--Section 12 of the Outer Continental Shelf Lands Act (43 U.S.C. 1341) is amended by adding at the end the following:

``(g) Leasing Within the Seaward Lateral Boundaries of Coastal States.--

``(1) Definition of affected area.--In this subsection, the term `affected area' means any area located--

``(A) in the areas of northern, central, and southern California and the areas of Oregon and Washington;

``(B) in the north, middle, or south planning area of the Atlantic Ocean;

``(C) in the eastern Gulf of Mexico planning area and lying--

``(i) south of 26 degrees north latitude; and

``(ii) east of 86 degrees west longitude; or

``(D) in the Straits of Florida.

``(2) Restrictions on leasing.--The Secretary shall not offer for offshore leasing, preleasing, or any related activity--

``(A) any area located on the outer Continental Shelf that, as of the date of enactment of this subsection, is designated as a marine sanctuary under the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.); or

``(B) except as provided in paragraphs (3) and (4), during the period beginning on the date of enactment of this subsection and ending on June 30, 2012, any affected area.

``(3) Resource assessments.--

``(A) In general.--Beginning on the date on which the Secretary delineates seaward lateral boundaries under section 4(a)(2)(A)(ii), a Governor of a State in which an affected area is located, with the consent of the legislature of the State, may submit to the Secretary a petition requesting a resource assessment of any area within the seaward lateral boundary of the State.

``(B) Eligible resources.--A petition for a resource assessment under subparagraph (A) may be for--

``(i) oil and gas leasing;

``(ii) gas-only leasing; or

``(iii) any other energy source leasing, including renewable energy leasing.

``(C) Action by secretary.--Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that a resource assessment of the area would create an unreasonable risk of harm to the marine, human, or coastal environment of the State.

``(D) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with subparagraph (C)--

``(i) the petition shall be considered to be approved; and

``(ii) a resource assessment of any appropriate area shall be carried out as soon as practicable.

``(E) Submission to state.--As soon as practicable after the date on which a petition is approved under subparagraph

``(i) complete the resource assessment for the area; and

``(ii) submit the completed resource assessment to the State.

``(4) Petition for leasing.--

``(A) In general.--On receipt of a resource assessment under paragraph (3)(E)(ii), the Governor of a State in which an affected area is located, with the consent of the legislature of the State, may submit to the Secretary a petition requesting that the Secretary make available any land that is within the seaward lateral boundaries of the State (as established under section 4(a)(2)(A)(ii)) and that is greater than 20 miles from the coastline of the State for the conduct of offshore leasing, pre-leasing, or related activities with respect to--

``(i) oil and gas leasing;

``(ii) gas-only leasing; or

``(iii) any other energy source leasing, including renewable energy leasing.

``(B) Action by secretary.--Not later than 90 days after receipt of a petition under subparagraph (A), the Secretary shall approve the petition, unless the Secretary determines that leasing the area would create an unreasonable risk of harm to the marine, human, or coastal environment of the State.

``(C) Failure to act.--If the Secretary fails to approve or deny a petition in accordance with subparagraph (B)--

``(i) the petition shall be considered to be approved; and

``(ii) any appropriate area shall be made available for oil and gas leasing, gas-only leasing, or any other energy source leasing, including renewable energy leasing.

``(5) Revenue sharing.--

``(A) In general.--Beginning on the date on which production begins in an area under this subsection, the State shall, without further appropriation, share in any qualified outer Continental Shelf revenues of the production under section 32.

``(B) Applicable law.--

``(i) In general.--Except as provided in clause (ii), a State shall not be required to comply with subsections (c) and (d) of section 32 to share in qualified outer Continental Shelf revenues under subparagraph (A).

``(ii) Exception.--Of any qualified outer Continental Shelf revenues received by a State (including a political subdivision of a State) under subparagraph (A), at least 25 percent shall be used for 1 or more of the purposes described in section 32(d)(1).

``(6) Effect.--Nothing in this subsection affects any right relating to an area described in paragraph (1) or (2) under a lease that was in existence on the day before the date of enactment of this subsection.''.

(d) Alternate Energy-Related Uses on the Outer Continental Shelf.--

(1) Amendment to outer continental shelf lands act.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following:

``(p) Leases, Easements, or Rights-of-Way for Energy and Related Purposes.--

``(1) In general.--The Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant departments and agencies of the Federal Government, may grant a lease, easement, or right-of-way on the outer Continental Shelf for activities not otherwise authorized under this Act, the Deepwater Port Act of 1974 (33 U.S.C. 1501 et seq.), the Ocean Thermal Energy Conversion Act of 1980 (42 U.S.C. 9101 et seq.), or other applicable law, if those activities--

``(A) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals;

``(B) produce or support production, transportation, or transmission of energy from sources other than oil and gas; or

``(C) use, for energy-related or marine-related purposes, facilities in use on or before the date of enactment of this subsection for activities authorized under this Act.

``(2) Payments.--

``(A) In general.--The Secretary shall establish, by rule or agreement with the party to which the easement or right-of-way is granted under this subsection, reasonable forms of payment for the easement or right-of-way, including a fee, rental, bonus, or other payment.

``(B) Assessment.--A payment under subparagraph (A) shall not be assessed on the basis of throughput or production.

``(C) Payments to states.--If a lease, easement, right-of-way, license, or permit under this subsection covers a specific tract of, or regards a facility located on, the outer Continental Shelf and is not an easement or right-of-way for transmission or transportation of energy, minerals, or other natural resources, the Secretary shall pay 50 percent of any amount received from the holder of the lease, easement, right-of-way, license, or permit to the State off the shore of which the geographic center of the area covered by the lease, easement, right-of-way, license, permit, or facility is located.

``(3) Consultation.--Before exercising authority under this subsection, the Secretary shall consult with the Secretary of Defense and other appropriate agencies concerning issues related to national security and navigational obstruction.

``(4) Competitive or noncompetitive basis.--

``(A) In general.--The Secretary may issue a lease, easement, or right-of-way under paragraph (1) on a competitive or noncompetitive basis.

``(B) Considerations.--In determining whether a lease, easement, or right-of-way shall be granted competitively or noncompetitively, the Secretary shall consider such factors as--

``(i) prevention of waste and conservation of natural resources;

``(ii) the economic viability of an energy project;

``(iii) protection of the environment;

``(iv) the national interest and national security;

``(v) human safety;

``(vi) protection of correlative rights; and

``(vii) potential return for the lease, easement, or right-of-way.

``(5) Regulations.--Not later than 270 days after the date of enactment of this subsection, the Secretary, in consultation with the Secretary of the Department in which the Coast Guard is operating and other relevant agencies of the Federal Government and affected States, shall issue any necessary regulations to ensure--

``(A) safety;

``(B) protection of the environment;

``(C) prevention of waste;

``(D) conservation of the natural resources of the outer Continental Shelf;

``(E) protection of national security interests; and

``(F) protection of correlative rights in the outer Continental Shelf.

``(6) Security.--The Secretary shall require the holder of a lease, easement, or right-of-way granted under this subsection--

``(A) to furnish a surety bond or other form of security, as prescribed by the Secretary; and

``(B) to comply with such other requirements as the Secretary considers necessary to protect the interests of the United States.

``(7) Effect of subsection.--Nothing in this subsection displaces, supersedes, limits, or modifies the jurisdiction, responsibility, or authority of any Federal or State agency under any other Federal law.

``(8) Applicability.--This subsection does not apply to any area on the outer Continental Shelf designated as a National Marine Sanctuary.''.

(2) Conforming amendment.--Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by striking the section heading and inserting the following:

``LEASES, EASEMENTS, AND RIGHTS-OF-WAY ON THE OUTER CONTINENTAL SHELF.--''.

(3) Savings provision.--Nothing in the amendment made by paragraph (1) requires any resubmittal of documents previously submitted or any reauthorization of actions previously authorized, with respect to any project--

(A) for which offshore test facilities have been constructed before the date of enactment of this Act; or

(B) for which a request for proposals has been issued by a public authority.

(e) Regulations.--

(1) In general.--The Secretary of the Interior shall issue such regulations as are necessary to carry out this section and the amendments made by this section, including regulations establishing procedures for entering into gas-only leases.

(2) Gas-only leases.--In issuing regulations establishing procedures for entering into gas-only leases, the Secretary shall--

(A) ensure that gas-only leases under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) are not available in a State that (as of the day before the date of enactment of this Act) did not contain an affected area (as defined in section 9(a) of that Act (as amended by subsection (d)(1)); and

(B) define ``natural gas'' as--

(i) unmixed natural gas; or

(ii) any mixture of natural or artificial gas (including compressed or liquefied petroleum gas) and condensate recovered from natural gas.

______

SA 861. Mr. DODD submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:

On page 755, after line 25, add the following:

SEC. 13__. EFFECT OF ELECTRICAL CONTAMINANTS ON RELIABILITY

OF ENERGY PRODUCTION SYSTEMS.

Not later than 180 days after the date of enactment of this Act, the Secretary shall enter into a contract with the National Academy of Sciences under which the National Academy of Sciences shall determine the effect that electrical contaminants (such as tin whiskers) may have on the reliability of energy production systems, including nuclear energy.

______

SA 862. Mr. LAUTENBERG submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

TITLE XV--ANTI-COMPETITIVE PRACTICES

SEC. 1501. SHORT TITLE.

This title may be cited as the ``OPEC Accountability Act''.

SEC. 1502. FINDINGS.

Congress makes the following findings:

(1) Gasoline prices have nearly doubled since January, 2002, with oil recently trading at more than $58 per barrel for the first time ever.

(2) Rising gasoline prices have placed an inordinate burden on American families.

(3) High gasoline prices have hindered and will continue to hinder economic recovery.

(4) The Organization of Petroleum Exporting Countries

(OPEC) has formed a cartel and engaged in anti-competitive practices to manipulate the price of oil, keeping it artificially high.

(5) Six member nations of OPEC--Indonesia, Kuwait, Nigeria, Qatar, the United Arab Emirates and Venezuela--are also members of the World Trade Organization.

(6) The agreement among OPEC member nations to limit oil exports is an illegal prohibition or restriction on the exportation or sale for export of a product under Article XI of the GATT 1994.

(7) The export quotas and resulting high prices harm American families, undermine the American economy, impede American and foreign commerce, and are contrary to the national interests of the United States.

SEC. 1503. ACTIONS TO CURB CERTAIN CARTEL ANTI-COMPETITIVE

PRACTICES.

(a) Definitions.--In this title:

(1) GATT 1994.--The term ``GATT 1994'' has the meaning given such term in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B)).

(2) Understanding on rules and procedures governing the settlement of disputes.--The term ``Understanding on Rules and Procedures Governing the Settlement of Disputes'' means the agreement described in section 101(d)(16) of the Uruguay Round Agreements Act (19 U.S.C. 3511(d)(16)).

(3) World trade organization.--

(A) In general.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement.

(B) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994.

(b) Action by President.--

(1) In general.--Notwithstanding any other provision of law, the President shall, not later than 15 days after the date of enactment of this Act, initiate consultations with the countries described in paragraph (2) to seek the elimination by those countries of any action that--

(A) limits the production or distribution of oil, natural gas, or any other petroleum product,

(B) sets or maintains the price of oil, natural gas, or any petroleum product, or

(C) otherwise is an action in restraint of trade with respect to oil, natural gas, or any petroleum product, when such action constitutes an act, policy, or practice that is unjustifiable and burdens and restricts United States commerce.

(2) Countries described.--The countries described in this paragraph are the following:

(A) Indonesia.

(B) Kuwait.

(D) Qatar.

(E) The United Arab Emirates.

(F) Venezuela.

(c) Initiation of WTO Dispute Proceedings.--If the consultations described in subsection (b) are not successful with respect to any country described in subsection (b)(2), not later than 60 days after the date of enactment of this Act, the United States Trade Representative shall, unless the President submits a certification and report described in subsection (d), institute proceedings pursuant to the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to that country and shall take appropriate action with respect to that country under the trade remedy laws of the United States.

(d) Certification Described.--

(1) In general.--The certification described in this subsection means a certification submitted by the President to Congress not later than 30 days after the date of enactment of this Act, stating that instituting proceedings described in subsection (c) would--

(A) harm the national security interest of the United States; or

(B) harm the economic interests of the United States.

(2) Report.--A certification submitted under this subsection shall be accompanied by a report that includes an explanation regarding how and why taking the action described in subsection (c) with respect to a country described subsection (b)(2) would not be in the national security interest or economic interest of the United States. The report may be provided on a classified basis if disclosure would threaten the national security of the United States.

______

SA 863. Mr. LAUTENBERG (for himself, Mr. Durbin, Mr. Dorgan, and Mr. Levin) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE __--ANTI-COMPETITIVE PRACTICES

SEC. __. SHORT TITLE.

This title may be cited as the ``OPEC Accountability Act''.

SEC. 1502. FINDINGS.

Congress makes the following findings:

(1) Gasoline prices have nearly doubled since January, 2002, with oil recently trading at more than $58 per barrel for the first time ever.

(2) Rising gasoline prices have placed an inordinate burden on American families.

(3) High gasoline prices have hindered and will continue to hinder economic recovery.

(4) The Organization of Petroleum Exporting Countries

(OPEC) has formed a cartel and engaged in anti-competitive practices to manipulate the price of oil, keeping it artificially high.

(5) Six member nations of OPEC--Indonesia, Kuwait, Nigeria, Qatar, the United Arab Emirates and Venezuela--are also members of the World Trade Organization.

(6) The agreement among OPEC member nations to limit oil exports is an illegal prohibition or restriction on the exportation or sale for export of a product under Article XI of the GATT 1994.

SEC. 1503. ACTIONS TO CURB CERTAIN CARTEL ANTI-COMPETITIVE

PRACTICES.

(a) Definitions.--In this title:

(1) GATT 1994.--The term ``GATT 1994'' has the meaning given such term in section 2(1)(B) of the Uruguay Round Agreements Act (19 U.S.C. 3501(1)(B)).

(3) World trade organization.--

(A) In general.--The term ``World Trade Organization'' means the organization established pursuant to the WTO Agreement.

(B) WTO agreement.--The term ``WTO Agreement'' means the Agreement Establishing The World Trade Organization entered into on April 15, 1994.

(b) Action by President.--

(A) limits the production or distribution of oil, natural gas, or any other petroleum product,

(B) sets or maintains the price of oil, natural gas, or any petroleum product, or

(2) Countries described.--The countries described in this paragraph are the following:

(A) Indonesia.

(B) Kuwait.

(D) Qatar.

(E) The United Arab Emirates.

(F) Venezuela.

(c) Initiation of WTO Dispute Proceedings.--If the consultations described in subsection (b) are not successful with respect to any country described in subsection (b)(2), the United States Trade Representative shall, not later than 60 days after the date of enactment of this Act, institute proceedings pursuant to the Understanding on Rules and Procedures Governing the Settlement of Disputes with respect to that country and shall take appropriate action with respect to that country under the trade remedy laws of the United States.

______

SA 864. Mr. LEVIN (for himself, Ms. Collins, Mr. Wyden, and Mr. Schumer) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:

On page 208, line 12, strike ``The Secretary shall'' and insert the following:

(1) In general.--The Secretary shall

On page 208, between lines 20 and 21, insert the following:

(2) Procedures.--

(A) In general.--The Secretary shall develop, with an opportunity for public comment, procedures to obtain oil for the Reserve with the intent of maximizing the overall domestic supply of crude oil (including quantities stored in private sector inventories) and minimizing the costs to the Department of the Interior and the Department of Energy of acquiring such oil (including foregone revenues to the Treasury when oil for the Reserve is obtained through the royalty-in-kind program), consistent with national security.

(B) Considerations.--The procedures shall provide that, for purposes of determining whether to acquire oil for the Reserve or defer deliveries of oil, the Secretary shall take into account--

(i) current and future prices, supplies, and inventories of oil;

(ii) national security; and

(iii) other factors that the Secretary determines to be appropriate.

(C) Review of requests for deferrals of scheduled deliveries.--The procedures shall include procedures and criteria for the review of requests for the deferrals of scheduled deliveries.

(D) Deadlines.--The Secretary shall--

(i) propose the procedures required under this paragraph not later than 120 days after the date of enactment of this Act;

(ii) promulgate the procedures not later than 180 days after the date of enactment of this Act; and

(iii) comply with the procedures in acquiring oil for Reserve effective beginning on the date that is 180 days after the date of enactment of this Act.

______

SA 865. Mr. FEINGOLD (for himself and Mr. Brownback) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 706, between lines 20 and 21, insert the following:

SEC. 1278. CONSUMER PROTECTION, FAIR COMPETITION, AND

FINANCIAL INTEGRITY.

Section 204 of the Federal Power Act (16 U.S.C. 824c) is amended by adding at the end the following:

``(i)(1) In this subsection, the terms `affiliate',

`associate company', and `public-utility company' have the meanings given those terms in section 1272 of the Energy Policy Act of 2005.

``(2)(A) Not later than 1 year after the date of enactment of this subsection, the Commission shall issue regulations to regulate transactions between public-utility companies and affiliates and associate companies of the public-utility companies.

``(B) At a minimum, the regulations under subparagraph (A) shall require, with respect to a transaction between a public-utility company and an affiliate or associate company of the public-utility company, that--

``(i) any business activity other than public-utility company business shall be conducted through 1 or more affiliates or associate companies, which shall be independent, separate, and distinct entities from the public-utility company;

``(ii) the affiliate or associate company shall--

``(I) maintain separate books, accounts, memoranda, and other records; and

``(II) prepare separate financial statements;

``(iii)(I) the public-utility company shall conduct the transaction in a manner that is consistent with the transactions among nonaffiliated and nonassociated companies; and

``(II) the public-utility company shall not use its status as a monopoly franchise to confer on its affiliate, or associate company, any unfair competitive advantage;

``(iv) the public-utility company shall not declare or pay any dividend on any security of the public-utility company in contravention of such regulations as the Commission considers appropriate to protect the financial integrity of the public-utility company;

``(v) the public-utility company shall have at least 1 independent director on its board of directors;

``(vi) the affiliate or associate company shall not structure its governance nor shall it acquire any loan, loan guarantee, or other indebtedness in a manner that would permit creditors to have recourse against the tangible or intangible assets of the public-utility company;

``(vii) the public-utility company shall not--

``(I) commingle any tangible or intangible assets or liabilities of the public-utility company with any assets or liabilities of an affiliate, or associate company, of the public-utility company; or

``(II) pledge or encumber any assets of the public-utility company on behalf of an affiliate, or associate company, of the public-utility company;

``(viii)(I) the public-utility company shall not cross-subsidize or shift costs from an affiliate, or associate company, of the public-utility company to the public-utility company; and

``(II) the public-utility company shall disclose and fully value, at the market value or other value specified by the Commission, any tangible or intangible assets or services by the public-utility company that, directly or indirectly, are transferred to, or otherwise provided for the benefit of, an affiliate, or associate company of the public-utility company; and

``(ix) electricity and natural gas consumers and investors--

``(I) shall be protected against the financial risks of public-utility company diversification and transactions with and among affiliates and associate companies of public-utility companies; and

``(II) shall not be subject to rates or charges that are not reasonably related to the provision of electricity or natural gas service.

``(3) 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-utility companies that are more stringent than those provided under the regulations issued under paragraph

(2).

``(4) It shall be unlawful for a public-utility company to enter into or take any action in the performance of any transaction with any affiliate, or associate company, of a public-utility company in violation of the regulations issued under paragraph (2).''.

______

SA 866. Mr. BINGAMAN (for himself, Mr. Specter, Mr. Domenici, Mr. Alexander, Ms. Cantwell, Mr. Lieberman, Mr. Lautenberg, Mr. McCain, Mr. Jeffords, Mr. Kerry, Ms. Snowe, Ms. Collins, and Mrs. Boxer) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the end of title XVI, add the following:

SEC. 16__. SENSE OF THE SENATE ON CLIMATE CHANGE.

(a) Findings.--Congress finds that--

(1) greenhouse gases accumulating in the atmosphere are causing average temperatures to rise at a rate outside the range of natural variability and are posing a substantial risk of rising sea-levels, altered patterns of atmospheric and oceanic circulation, and increased frequency and severity of floods and droughts;

(2) there is a growing scientific consensus that human activity is a substantial cause of greenhouse gas accumulation in the atmosphere; and

(3) mandatory steps will be required to slow or stop the growth of greenhouse gas emissions into the atmosphere.

(b) Sense of the Senate.--It is the sense of the Senate that, before the end of the first session of the 109th Congress, Congress should enact a comprehensive and effective national program of mandatory, market-based limits on emissions of greenhouse gases that slow, stop, and reverse the growth of such emissions at a rate and in a manner that--

(1) will not significantly harm the United States economy; and

(2) will encourage comparable action by other nations that are major trading partners and key contributors to global emissions.

______

SA 867. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 437, after line 22, add the following:

SEC. 7__. IMPACTS OF USE OF SPECIAL FUEL FORMULATIONS.

In determining whether to approve an application by a State for the use of a new gasoline blend or other fuel formulation under the Clean Air Act (42 U.S.C. 7401 et seq.), the Administrator of the Environmental Protection Agency, in consultation with the Secretary, shall take into consideration impacts that the use of the blend or formulation would have on the supply, demand, and pricing of gasoline and other fuels.

______

SA 868. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the end of the bill, add the following:

TITLE XV--ACTIONS TO ADDRESS GLOBAL CLIMATE

SEC. 1501. SHORT TITLE.

This title may be cited as the ``Climate and Economy Insurance Act of 2005''.

Subtitle A--Domestic Programs

SEC. 1511. PURPOSE.

The purpose of this subtitle is to reduce greenhouse gas emissions intensity in the United States, beginning in calendar year 2010, through an emissions trading system designed to achieve emissions reductions at the lowest practicable cost to the United States.

SEC. 1512. DEFINITIONS.

In this subtitle:

(1) Carbon dioxide equivalent.--The term ``carbon dioxide equivalent'' means--

(A) for each covered fuel, the quantity of carbon dioxide that would be emitted into the atmosphere as a result of complete combustion of a certain quantity of the covered fuel, to be determined for the type of covered fuel by the Secretary; and

(B) for each greenhouse gas (other than carbon dioxide) the quantity of carbon dioxide that would have an effect on global warming equal to the effect of a certain quantity of the greenhouse gas, as determined by the Secretary, taking into consideration global warming potentials.

(2) Covered fuel.--The term ``covered fuel'' means--

(A) coal;

(B) petroleum products;

(D) natural gas liquids; and

(E) any other fuel derived from fossil hydrocarbons

(including bitumen and kerogen).

(3) Covered greenhouse gas emissions.--

(A) In general.--The term ``covered greenhouse gas emissions'' means--

(i) the carbon dioxide emissions from combustion of covered fuel carried out in the United States; and

(ii) nonfuel-related greenhouse gas emissions in the United States, determined in accordance with section 1515(b)(2).

(B) Units.--Quantities of covered greenhouse gas emissions shall be measured and expressed in units of metric tons of carbon dioxide equivalent.

(4) Emissions intensity.--The term ``emissions intensity'' means, for any calendar year, the quotient obtained by dividing--

(A) covered greenhouse gas emissions; by

(B) the forecasted GDP for that calendar year.

(5) Forecasted gdp.--The term ``forecasted GDP'' means the predicted amount of the gross domestic product of the United States, based on the most current projection used by the Energy Information Administration of the Department of Energy on the date on which the prediction is made.

(6) Greenhouse gas.--The term ``greenhouse gas'' means--

(A) carbon dioxide;

(B) methane;

(D) hydrofluorocarbons;

(E) perfluorocarbons; and

(F) sulfur hexafluoride.

(7) Initial allocation period.--The term ``initial allocation period'' means the period beginning January 1, 2010, and ending December 31, 2019.

(8) Nonfuel regulated entity.--The term ``nonfuel regulated entity'' means--

(A) the owner or operator of a facility that manufactures hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide;

(B) an importer of hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide;

(C) the owner or operator of a facility that emits nitrous oxide associated with the manufacture of adipic acid or nitric acid;

(D) the owner or operator of a facility that produces cement or lime;

(E) the owner or operator of an aluminum smelter;

(F) the owner or operator of an underground coal mine that emitted more than 35,000,000 cubic feet of methane during 2004 or any subsequent calendar year; and

(G) the owner or operator of facility that emits hydrofluorocarbon-23 as a byproduct of hydrochlorofluorocarbon-22 production.

(9) Offset project.--The term ``offset project'' means any project to reduce or sequester, during the initial allocation period, any greenhouse gas emission that is not a covered greenhouse gas emission.

(10) Petroleum product.--The term ``petroleum product'' means--

(A) a refined petroleum product;

(B) residual fuel oil;

(D) a liquefied petroleum gas.

(11) Regulated entity.--The term ``regulated entity'' means--

(A) a regulated fuel distributor; or

(B) a nonfuel regulated entity.

(12) Regulated fuel distributor.--The term ``regulated fuel distributor'' means--

(A) the owner or operator of--

(i) a natural gas pipeline;

(ii) a petroleum refinery;

(iii) a coal mine that produces more than 10,000 short tons during 2004 or any subsequent calendar year; or

(iv) a natural gas processing plant;

(B) an importer of--

(i) petroleum products;

(ii) coal;

(iii) coke; or

(iv) natural gas liquids; or

(13) Safety valve price.--The term ``safety valve price'' means--

(A) for 2010, $7 per metric ton of carbon dioxide equivalent; and

(B) for each subsequent calendar year, the safety valve price established for the preceding calendar year increased by 5 percent, unless a different rate of increase is established for the calendar year under section 1521.

(14) Secretary.--The term ``Secretary'' means the Secretary of Energy, unless the President designates another officer of the Executive Branch to carry out a function under this subtitle.

(15) Subsequent allocation period.--The term ``subsequent allocation period'' means--

(A) the 5-year period beginning January 1, 2020, and ending December 31, 2024; and

(B) each subsequent 5-year period.

SEC. 1513. QUANTITY OF ANNUAL GREENHOUSE GAS ALLOWANCES.

(a) Initial Allocation Period.--

(1) In general.--Not later than December 31, 2006, the Secretary shall--

(A) make a projection with respect to emissions intensity for 2009, using--

(i) the Energy Information Administration's most current projections of covered greenhouse gas emissions for 2009; and

(ii) the forecasted GDP for 2009;

(B) determine the emissions intensity target for 2010 by calculating a 2.4 percent reduction from the projected emissions intensity for 2009;

(C) in accordance with paragraph (2), determine the emissions intensity target for each calendar year of the initial allocation period after 2010; and

(D) in accordance with paragraph (3), issue the total number of allowances for each calendar year during the initial allocation period.

(2) Emissions intensity targets after 2010.--For each calendar year during the initial allocation period after 2010, the emissions intensity target shall be the emissions intensity target established for the preceding calendar year reduced by 2.4 percent.

(3) Total allowances.--For each calendar year during the initial allocation period, the quantity of allowances to be issued shall be equal to the product obtained by multiplying--

(A) the emissions intensity target established for the calendar year; and

(B) the forecasted GDP for the calendar year.

(b) Subsequent Allocation Periods.--

(1) In general.--Not later than the date that is 4 years before the beginning of each subsequent allocation period, the Secretary shall--

(A) except as directed under section 1521, determine the emissions intensity target for each calendar year during that subsequent allocation period, in accordance with paragraph

(2); and

(B) issue the total number of allowances for each calendar year of the subsequent allocation period, in accordance with paragraph (3).

(2) Emissions intensity targets.--For each calendar year during a subsequent allocation period, the emissions intensity target shall be the emissions intensity target established for the preceding calendar year reduced by 2.8 percent.

(3) Total allowances.--For each calendar year during a subsequent allocation period, the quantity of allowances to be issued shall be equal to the product obtained by multiplying--

(A) the emissions intensity target established for the calendar year; and

(B) the forecasted GDP for the calendar year.

(1) Denomination.--Allowances issued by the Secretary under this section shall be denominated in units of metric tons of carbon dioxide equivalent.

(2) Period of use.--An allowance issued by the Secretary under this section may be used during--

(A) the calendar year for which the allowance is issued; or

(B) any subsequent calendar year.

(3) Serial numbers.--The Secretary shall--

(A) assign a unique serial number to each allowance issued under this subtitle; and

(B) retire the serial number of an allowance on the date on which the allowance is submitted under section 1515.

(4) Nature of allowances.--An allowance shall not be considered to be a property right.

SEC. 1514. ALLOCATION AND AUCTION OF GREENHOUSE GAS

ALLOWANCES.

(a) Allocation of Allowances.--

(1) In general.--Not later than the date that is 3 years before the beginning of the initial allocation period, and each subsequent allocation period, the Secretary shall allocate for each calendar year during the allocation period a quantity of allowances in accordance with this subsection.

(2) Quantity.--The total quantity of allowances available to be allocated for each calendar year of an allocation period shall be the product obtained by multiplying--

(A) the total quantity of allowances issued for the calendar year under subsection (a)(3) or (b)(3) of section 1513; and

(B) the allocation percentage for the calendar year under subsection (c).

(3) Allowance allocation rulemaking.--

(A) In general.--The Secretary shall establish, by rule, and submit to Congress procedures for allocating allowances to regulated entities and affected nonregulated entities for the initial allocation period.

(B) Effective date.--A rule under subparagraph (A) shall take effect, unless disapproved under the congressional review procedures under section 1521(d), not later than 180 days after the date on which the rule is submitted to Congress.

(i) Initial allocation period.--The Secretary shall promulgate rules under subparagraph (A) for the initial allocation period not later than 18 months after the date of enactment of this Act.

(ii) Subsequent allocation periods.--The Secretary shall promulgate rules under subparagraph (A) for each subsequent allocation period not later than __ months before the beginning of the period.

(4) Distribution to regulated and nonregulated entities.--The procedures established under paragraph (3) shall--

(A) provide for the allocation of allowances to regulated entities and affected nonregulated entities within each fossil-fuel sector (petroleum, natural gas, natural gas liquids, and coal) and to the sector consisting of nonfuel regulated entities based on the share of each sector of covered greenhouse gas emissions for the most recent year for which data are available;

(B) prescribe criteria for the allocation of allowances to regulated entities within each sector and nonregulated affected entities using products produced in each sector based on the following factors:

(i) Historical or updated greenhouse gas emissions.

(ii) Mitigation of significant and disproportionate burdens.

(iii) Avoiding windfalls.

(iv) Administrative simplicity.

(v) Mitigating barriers to entry; and

(C) prescribe requirements for reporting by regulated entities and affected nonregulated entities of information necessary for allocation of allowances, including the forms and schedules for submission of reports.

(5) Definition of affected nonregulated entity.--For purposes of this subsection, the term ``affected nonregulated entity'' means any entity, other than a regulated entity, that the Secretary determines is likely to sustain a significant and disproportionate economic burden by reason of the implementation of this title.

(6) Distribution of allowances to organizations assisting workers.--The Secretary shall distribute 1 percent of the allowances available for allocation under this section in any calendar year to organizations (including recognized representatives of workers affected by programs under this subtitle) that provide retraining, educational support, or other assistance to workers affected by programs under this subtitle.

(7) Cost of allowances.--The Secretary shall distribute allowances under this subsection at no cost to the recipient of the allowance.

(b) Auction of Allowances.--

(1) In general.--The Secretary shall establish, by rule, a procedure for the auction of a quantity of allowances during each calendar year in accordance with paragraph (2).

(2) Base quantity.--The base quantity of allowances to be auctioned during a calendar year shall be the product obtained by multiplying--

(A) the total number of allowances for the calendar year under subsection (a)(3) or (b)(3) of section 1513; and

(B) the auction percentage for the calendar year under subsection (c).

(3) Schedule.--The auction of allowances shall be held on the following schedule:

(A) In 2007, the Secretary shall auction--

(i) \1/2\ of the allowances available for auction for 2010; and

(ii) \1/2\ of the allowances available for auction for 2011.

(B) In 2008, the Secretary shall auction \1/2\ of the allowances available for auction for 2012.

(D) In 2010 and each subsequent calendar year, the Secretary shall auction--

(i) \1/2\ of the allowances available for auction for that calendar year; and

(ii) \1/2\ of the allowances available for auction for the calendar year that is 4 years after that calendar year.

(4) Undistributed allowances.--In an auction held during any calendar year, the Secretary shall auction any allowance that was--

(A) available for allocation under subsection (a) for the calendar year, but not distributed; or

(B) available during the preceding calendar year for an offset or early reduction activity under section 1519 or 1520, but not distributed during that calendar year.

(c) Available Percentages.--Except as directed under section 1521, the percentage of the total quantity of allowances for each calendar year to be available for allocation, auction, offset projects, and early reduction projects shall be determined in accordance with the following table:

----------------------------------------------------------------------------------------------------------------

Percentage Available for

Year Allocation Percentage Auction Percentage Percentage Available Early Reduction

for Offset Allowances Allowances

----------------------------------------------------------------------------------------------------------------

2010-------91.0---------------------5.0-------------------------3----------------------1------------------------

----------------------------------------------------------------------------------------------------------------

2011 91.0 5.0 3 1

----------------------------------------------------------------------------------------------------------------

2012 91.0 5.0 3 1

----------------------------------------------------------------------------------------------------------------

2013 90.5 5.5 3 1

----------------------------------------------------------------------------------------------------------------

2014 90.0 6.0 3 1

----------------------------------------------------------------------------------------------------------------

2015 90.5 6.5 3 1

----------------------------------------------------------------------------------------------------------------

2016 89.0 7.0 3 1

----------------------------------------------------------------------------------------------------------------

2017 88.5 7.5 3 1

----------------------------------------------------------------------------------------------------------------

2018 88.0 8.0 3 1

----------------------------------------------------------------------------------------------------------------

2019 87.5 8.5 3 1

----------------------------------------------------------------------------------------------------------------

2020 and 87.0 10 3 __

thereaft

----------------------------------------------------------------------------------------------------------------

SEC. 1515. SUBMISSION OF ALLOWANCES.

(a) Requirements.--

(1) Regulated fuel distributors.--

(A) In general.--For calendar year 2010 and each calendar year thereafter, each regulated fuel distributor shall submit to the Secretary a number of allowances equal to the carbon dioxide equivalent of the quantity of covered fuel, determined in accordance with subsection (b)(1), for the regulated fuel distributor.

(B) Natural gas pipelines.--For calendar year 2010 and each calendar year thereafter, for any regulated fuel distributor that is a natural gas pipeline, each natural gas shipper on the pipeline shall submit to the owner or operator of the pipeline a number of allowances (or an equivalent payment of the safety valve price) equal to the carbon dioxide equivalent of the quantities of natural gas received by the pipeline from the shipper (excluding any amount received by the pipeline from the shipper at an interconnection of another pipeline).

(2) Nonfuel regulated entities.--For 2010 and each calendar year thereafter, each nonfuel regulated entity shall submit to the Secretary a number of allowances equal to the carbon dioxide equivalent of the quantity of nonfuel-related greenhouse gas, determined in accordance with subsection

(b)(2), for the nonfuel regulated entity.

(b) Regulated Quantities.--

(1) Covered fuels.--For purposes of subsection (a)(1), the quantity of covered fuel shall be equal to--

(A) for a petroleum refinery located in the United States, the quantity of petroleum products refined, produced, or consumed at the refinery;

(B) for a natural gas pipeline in the United States, the quantity of natural gas received by the pipeline for transport, excluding any natural gas received at an interconnection with another natural gas pipeline;

(C) for a natural gas processing plant located in the United States, the quantity of natural gas liquids produced at the plant;

(D) for a coal mine located in the United States, the quantity of coal produced at the mine; and

(E) for an importer of coal, petroleum products, or natural gas liquids into the United States, the quantity of coal, petroleum products, or natural gas liquids imported into the United States.

(2) Nonfuel-related greenhouse gases.--For purposes of subsection (a)(2), the quantity of nonfuel-related greenhouse gas shall be equal to--

(A) for a manufacturer or importer of hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide, the quantity of hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide produced or imported by the manufacturer or importer;

(B) for an underground coal mine, the quantity of methane emitted by the coal mine;

(D) for a facility that produces cement or lime, the quantity of carbon dioxide emitted by the facility as a result of the calcination process;

(E) for an aluminum smelter, the sum of--

(i) the quantity of carbon dioxide emitted by the smelter; and

(ii) the quantity of perfluorocarbons emitted by the smelter; and

(F) for a facility that produces hydrochlorofluorocarbon-22, the quantity of hydrofluorocarbon-23 emitted by the facility.

(3) Adjustments.--

(A) Regulated fuel distributors.--

(i) Modification.--The Secretary may modify, by rule, a quantity of covered fuels under paragraph (1) if the Secretary determines that the modification is necessary to ensure that--

(I) allowances are submitted for all units of covered fuel; and

(II) allowances are not submitted for the same quantity of covered fuel by more than 1 regulated fuel distributor.

(ii) Extension.--The Secretary may extend, by rule, the requirement to submit allowances under subsection (a)(1) to an entity that is not a regulated fuel distributor if the Secretary determines that the extension is necessary to ensure that allowances are submitted for all covered fuels.

(B) Nonfuel regulated entities.--The Secretary may modify, by rule, a quantity of nonfuel-related greenhouse gases under paragraph (2) if the Secretary determines the modification is necessary to ensure that allowances are not submitted for the same volume of nonfuel-related greenhouse gas by more than 1 regulated entity.

(c) Deadline for Submission.--Any entity required to submit an allowance to the Secretary under this section shall submit the allowance not later than March 31 of the calendar year following the calendar year during which the allowance is required to be submitted.

(d) Regulations.--The Secretary shall promulgate such regulations as the Secretary determines to be necessary or appropriate to--

(1) identify and register each regulated entity that is required to submit an allowance under this section; and

(2) require the submission of reports and otherwise obtain any information the Secretary determines to be necessary to calculate or verify the compliance of a regulated entity with any requirement under this section.

(e) Exemption Authority for Non-fuel Regulated Entities.--

(1) In general.--Except as provided in paragraph (2), the Secretary may exempt from the requirements of this subtitle an entity that emits, manufactures, or imports nonfuel-related greenhouse gases for any period during which the Secretary determines, after providing an opportunity for public comment, that measuring or estimating the quantity of greenhouse gases emitted, manufactured, or imported by the entity is not feasible.

(2) Exclusion.--The Secretary may not exempt a regulated fuel distributor from the requirements of this subtitle under paragraph (1).

(f) Retirement of Allowances.--

(1) In general.--Any person or entity that is not subject to this subtitle may submit to the Secretary an allowance for retirement at any time.

(2) Action by secretary.--On receipt of an allowance under paragraph (1), the Secretary--

(A) shall accept the allowance; and

(B) shall not allocate, auction, or otherwise reissue the allowance.

SEC. 1516. SAFETY VALVE.

The Secretary shall accept from a regulated entity a payment of the applicable safety valve price for a calendar year in lieu of submission of an allowance under section 1515 for that calendar year.

SEC. 1517. ALLOWANCE TRADING SYSTEM.

(a) In General.--The Secretary shall establish, by rule, a trading system under which allowances and credits may be sold, exchanged, purchased, or transferred by any person or entity.

(b) Transparency.--

(1) In general.--The trading system under subsection (a) shall include such provisions as the Secretary considers to be appropriate to--

(A) facilitate price transparency and public participation in the market for allowances and credits; and

(B) protect buyers and sellers of allowances and credits, and the public, from the adverse effects of collusion and other anticompetitive behaviors.

(2) Authority to obtain information.--The Secretary may obtain any information the Secretary considers to be necessary to carry out this section from any person or entity that buys, sells, exchanges, or otherwise transfers an allowance or credit.

SEC. 1518. CREDITS FOR GEOLOGIC SEQUESTRATION, FEEDSTOCKS,

AND EXPORTS.

(a) Establishment.--

(1) In general.--The Secretary shall establish, by rule, a program under which the Secretary distributes credits to entities in accordance with this section.

(2) Sequestration.--If the Secretary determines, based on information submitted under section 1522(c), that an entity has carried out long-term sequestration of carbon dioxide from the combustion of covered fuels in a geologic formation, the Secretary shall distribute to that entity, for 2010 and each subsequent calendar year, a quantity of credits equal to the quantity of carbon dioxide sequestered by the entity during that year, as determined by the Secretary.

(3) Exporters of covered fuel.--If the Secretary determines that an entity has exported covered fuel, the Secretary shall distribute to that entity, for 2010 and each subsequent calendar year, a quantity of credits equal to the quantity of covered fuel exported by the entity during that year, measured in carbon dioxide equivalents.

(4) Use of fuels as feedstocks.--If the Secretary determines that an entity has used a covered fuel as a feedstock so that the carbon dioxide associated with the covered fuel will not be emitted, the Secretary shall distribute to that entity, for 2010 and each subsequent calendar year, a quantity of credits equal to the quantity of covered fuel used as feedstock by the entity during that year, measured in carbon dioxide equivalents.

(5) Non-carbon-dioxide greenhouse gases.--If the Secretary determines that an entity has destroyed hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide so that the hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide will not be emitted, the Secretary shall distribute to that entity, for 2010 and each subsequent calendar year, a quantity of credits equal to the quantity of hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide destroyed by the entity during that year, measured in carbon dioxide equivalents.

(6) Other exporters.--If the Secretary determines that an entity has exported hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide, the Secretary shall distribute to that entity, for 2010 and each subsequent calendar year, a quantity of credits equal to the volume of hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, or nitrous oxide exported by the entity during that year, measured in carbon dioxide equivalents.

(b) Nature of Credits.--A credit distributed by the Secretary under this section--

(1) is tradable and bankable;

(2) may be submitted by a regulated entity in lieu of an allowance under section 1515; and

(3) is not a property right.

SEC. 1519. OFFSET PROJECT PILOT PROGRAM.

(a) Establishment.--The Secretary shall establish, by rule, a pilot program under which the Secretary distributes allowances to entities that carry out offset projects that meet the requirements of section 1522(c).

(b) Available Allowances.--The total quantity of allowances distributed under subsection (a) may not exceed the product obtained by multiplying--

(1) the total number of allowances issued for the calendar year under subsection (a)(3) or (b)(3) of section 1513; and

(2) the percentage available for offset allowances for the calendar year under section 1514(c).

(c) Ineligible Offset Projects.--An offset project shall not be eligible to receive an allowance under subsection (a) if the offset project--

(1) is carried out in the United States; and

(2) reduces or geologically sequesters covered greenhouse gas emissions.

(d) International Offset Projects.--

(1) In general.--The Secretary may distribute allowances under subsection (a) to an offset project carried out in a foreign country.

(2) Foreign credits.--An allowance or credit issued by a foreign country for an offset project described in paragraph

(1) shall not be submitted to meet a requirement under section 1515.

SEC. 1520. EARLY REDUCTION ALLOWANCES.

(a) Establishment.--The Secretary shall establish, by rule, a program under which the Secretary distributes to any entity that carries out a project to reduce or sequester greenhouse gas emissions before the initial allocation period a quantity of allowances that reflects the actual emissions reductions or net sequestration of the project, as determined by the Secretary.

(b) Available Allowances.--The total quantity of allowances distributed under subsection (a) may not exceed the product obtained by multiplying--

(1) the total number of allowances issued for the calendar year under subsection (a)(3) of section 1513; and

(2) the percentage available for early reduction allowances for the calendar year under section 1514(c).

(c) Eligibility.--The Secretary may distribute allowances for early reduction projects only to an entity that has reported the reduced or sequestered greenhouse gas emissions under--

(1) the Voluntary Reporting of Greenhouse Gases Program of the Energy Information Administration under section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b));

(2) the Climate Leaders Program of the Environmental Protection Agency; or

(3) a State-administered or privately-administered registry that includes early reduction actions not covered under the programs described in paragraphs (1) and (2).

SEC. 1521. CONGRESSIONAL REVIEW.

(a) Interagency Review.--

(1) In general.--Not later than January 15, 2014, and every 5 years thereafter, the President shall establish an interagency group to review and make recommendations relating to--

(A) each program under this subtitle; and

(B) any similar program of a foreign country described in paragraph (2).

(2) Countries to be reviewed.--An interagency group established under paragraph (1) shall review actions and programs relating to greenhouse gas emissions of--

(A) each member country of the Organisation for Economic Co-operation and Development;

(B) China;

(D) Brazil;

(E) Mexico;

(F) Russia; and

(G) Ukraine.

(3) Inclusions.--A review under paragraph (1) shall--

(A) for the countries described in paragraph (2), analyze whether the countries that contribute at least 75 percent of aggregate greenhouse gas emissions have taken action that--

(i) in the case of member countries of the Organisation for Economic Co-Operation and Development, is comparable to that of the United States; and

(ii) in the case of China, India, Brazil, Mexico, Russia, and Ukraine, is significant, contemporaneous, and equitable compared to action taken by the United States;

(B) analyze whether each of the 5 largest trading partners of the United States, as of the date on which the review is conducted, has taken action with respect to greenhouse gas emissions that is comparable to action taken by the United States;

(C) analyze whether the programs established under this subtitle have contributed to an increase in electricity imports from Canada or Mexico; and

(D) make recommendations with respect to whether--

(i) the rate of reduction of emissions intensity under subsection (a)(2) or (b)(2) of section 1513 should be modified; and

(ii) the rate of increase of the safety valve price should be modified.

(4) Supplementary review elements.--A review under paragraph (1) may include an analysis of--

(A) the feasibility of regulating owners or operators of entities that--

(i) emit nonfuel-related greenhouse gases; and

(ii) that are not subject to this subtitle;

(B) whether the percentage of allowances for any calendar year that are auctioned under section 1514(c) should be modified.

(5) National research council reports.--The President may request such reports from the National Research Council as the President determines to be necessary and appropriate to support the interagency review process under this subsection.

(b) Report.--

(1) In general.--Not later than January 15, 2015, and every 5 years thereafter, the President shall submit to the House of Representatives and the Senate a report describing any recommendation of the President with respect to changes in the programs under this subtitle.

(2) Recommendations.--A recommendation under paragraph (1) shall take into consideration the results of the most recent interagency review under subsection (a).

(1) Consideration.--Not later than September 30 of any calendar year during which a report is to be submitted under subsection (b), the House of Representatives and the Senate may consider a joint resolution, in accordance with paragraph

(2), that--

(A) amends subsection (a)(2) or (b)(2) of section 1513;

(B) modifies the safety valve price; or

(2) Requirements.--A joint resolution considered under paragraph (1) shall--

(A) be introduced during the 45-day period beginning on the date on which a report is required to be submitted under subsection (b); and

(B) after the resolving clause and ``That'', contain only 1 or more of the following:

(i) ``, effective beginning January 1, 2015, section 1513(a)(2) of the Climate and Economy Insurance Act of 2005 is amended by striking `2.4' and inserting `_____'.''.

(ii) ``, effective beginning _____, section 1513(b)(2) of the Climate and Economy Insurance Act of 2005 is amended by striking `2.8' and inserting `_____'.''.

(iii) ``, effective beginning _____, section 1512(13)(B) of the Climate and Economy Insurance Act of 2005 is amended by striking `5 percent' and inserting `___ percent'.''.

(iv) ``the table under section 1514(c) of the Climate and Economy Insurance Act of 2005 is amended by striking the line relating to calendar year 2020 and thereafter and inserting the following:

----------------------------------------------------------------------------------------------------------------

Percentage Available

`Year Allocation Percentage Auction Percentage Percentage Available for Early Reduction

for Offset Allowances Allowances

----------------------------------------------------------------------------------------------------------------

2020 and thereafter--__----------------------__---------------------__---------------------__'.''---------------

----------------------------------------------------------------------------------------------------------------

(3) Applicable law.--Subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to any joint resolution under this subsection.

(d) Review of Allocation Rules.--

(1) Effectiveness of allocation rule.--A rule prescribed under section 1514(a)(3)(A) shall not take effect if, not later than 180 days after the date on which the rule is submitted to Congress, a joint resolution described in paragraph (2) is enacted.

(2) Requirements.--A joint resolution considered under paragraph (1) shall--

(A) be introduced during the 45-day period beginning on the date on which a rule is required to be submitted under section 1514(a)(3); and

(B) after the resolving clause, contain the following:

``That the rule submitted by the Secretary of Energy on _____ under section 1514(a)(3) of the Climate and Economy Insurance Act of 2005 is disapproved.''.

(3) Applicable law.--Subsections (b) through (g) of section 802 of title 5, United States Code, shall apply to any joint resolution under this subsection.

SEC. 1522. MONITORING AND REPORTING.

(a) In General.--The Secretary shall require, by rule, that a regulated entity shall perform such monitoring and submit such reports as the Secretary determines to be necessary to carry out this subtitle.

(b) Submission of Information.--The Secretary shall establish, by rule, any procedure the Secretary determines to be necessary to ensure the completeness, consistency, transparency, and accuracy of reports under subsection (a), including--

(1) accounting and reporting standards for covered greenhouse gas emissions;

(2) standardized methods of calculating covered greenhouse gas emissions in specific industries from other information the Secretary determines to be available and reliable, such as energy consumption data, materials consumption data, production data, or other relevant activity data;

(3) if the Secretary determines that a method described in paragraph (2) is not feasible for a regulated entity, a standardized method of estimating covered greenhouse gas emissions of the regulated entity;

(4) a method of avoiding double counting of covered greenhouse gas emissions;

(5) a procedure to prevent a regulated entity from avoiding the requirements of this subtitle by--

(A) reorganization into multiple entities; or

(B) outsourcing the operations or activities of the regulated entity with respect to covered greenhouse gas emissions; and

(6) a procedure for the verification of data relating to covered greenhouse gas emissions by--

(A) regulated entities; and

(B) independent verification organizations.

(1) In general.--An entity shall provide the Secretary with the information described in paragraph (2) in connection with any application to receive--

(A) a credit under section 1518(a)(2);

(B) an allowance under section 1519; or

(unless, and to the extent, the Secretary determines that providing such information is not feasible for the entity).

(2) Required information.--

(A) Greenhouse gas emissions reduction.--In the case of a greenhouse gas emissions reduction, the entity shall provide the Secretary with information verifying that, as determined by the Secretary--

(i) the entity has achieved an actual reduction in greenhouse gas emissions--

(I) relative to historic emissions levels of the entity; and

(II) taking into consideration any increase in other greenhouse gas emissions of the entity; and

(ii) if the reduction exceeds the net reduction of direct greenhouse gas emissions of the entity, the entity reported a reduction that was adjusted so as not to exceed the net reduction.

(B) Greenhouse gas sequestration.--In the case of a greenhouse gas sequestration, the entity shall provide the Secretary with information verifying that, as determined by the Secretary, the entity has achieved actual increases in net sequestration, taking into account the total use of materials and energy by the entity in carrying out the sequestration.

SEC. 1523. ENFORCEMENT.

(a) Failure to Submit Allowances.--

(1) Payment to secretary.--A regulated entity that fails to submit an allowance (or the safety valve price in lieu of an allowance) for a calendar year not later than March 31 of the following calendar year shall pay to the Secretary, for each allowance the regulated entity failed to submit, an amount equal to the product obtained by multiplying--

(A) the safety valve price for that calendar year; and

(B) 3.

(2) Failure to pay.--A regulated entity that fails to make a payment to the Secretary under paragraph (1) by December 31 of the calendar year following the calendar year for which the payment is due shall be subject to subsection (b) or (c), or both.

(b) Civil Enforcement.--

(1) Penalty.--A person that the Secretary determines to be in violation of this subtitle shall be subject to a civil penalty of not more than $25,000 for each day during which the entity is in violation, in addition to any amount required under subsection (a)(1).

(2) Injunction.--The Secretary may bring a civil action for a temporary or permanent injunction against any person described in paragraph (1).

(c) Criminal Penalties.--A person that willfully fails to comply with this subtitle shall be subject to a fine under title 18, United States Code, or imprisonment for not to exceed 5 years, or both.

SEC. 1524. JUDICIAL REVIEW.

(a) In General.--Except as provided in subsection (b), section 336(b) of the Energy Policy and Conservation Act (42 U.S.C. 6306(b)) shall apply to a review of any rule issued under this subtitle in the same manner, and to the same extent, that that section applies to a rule issued under sections 323, 324, and 325 of that Act (42 U.S.C. 6293, 6294, 6295).

(b) Exception.--A petition for review of a rule under this subtitle shall be filed in the United States Court of Appeals for the District of Columbia.

SEC. 1525. ADMINISTRATIVE PROVISIONS.

(a) Rules and Orders.--The Secretary may issue such rules and orders as the Secretary determines to be necessary or appropriate to carry out this subtitle.

(b) Data.--

(1) In general.--In carrying out this subtitle, the Secretary may use any authority provided under section 11 of the Energy Supply and Environmental Coordination Act of 1974

(15 U.S.C. 796).

(2) Definition of energy information.--For the purposes of carrying out this subtitle, the definition of the term

``energy information'' under section 11 of the Energy Supply and Environmental Coordination Act of 1974 (15 U.S.C. 796) shall be considered to include any information the Secretary determines to be necessary or appropriate to carry out this subtitle.

SEC. 1526. CLIMATE CHANGE ADAPTATION AND EARLY TECHNOLOGY

DEPLOYMENT.

(a) Trust Fund.--

(1) Establishment.--There is established in the Treasury a trust fund, to be known as the ``Climate Change Trust Fund''

(referred to in this section as the ``Trust Fund'').

(2) Deposits.--The Secretary shall deposit into the Trust Fund any funds received by the Secretary under section 1514(b) or 1516.

(3) Maximum cumulative amount.--Not more than

$50,000,000,000 may be deposited into the Trust Fund.

(b) Distribution.--Beginning in fiscal year 2008, the Secretary shall transfer any funds deposited into the Trust Fund during the previous fiscal year as follows:

(1) Climate change adaptation.--25 percent of the funds shall be transferred as follows:

(A) Conservation of coastal wetlands.--

(i) In general.--Subject to clause (ii), 13 percent shall be transferred to the Secretary of the Interior for purposes of making payments to producing states under section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a) (as amended by section 371).

(ii) Limitation.--Not more than 10 percent of the amounts received by a producing State or a coastal political subdivision during any fiscal year shall be used to carry out subparagraphs (C) and (E) of section 31(d)(1) of that Act (43 U.S.C. 1356a) (as amended by section 371).

(B) Wildlife conservation.--12 percent shall be transferred to the wildlife conservation and restoration account within the Federal aid to wildlife restoration fund established under section 3 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669b) (also known as the ``Federal Aid in Wildlife Restoration Act'').

(2) Zero- or low-carbon energy technologies.--40 percent of the funds shall be transferred to the Secretary to carry out the zero- or low-carbon energy technologies program under subsection (c).

(3) Advanced energy technologies incentive program.--25 percent of the funds shall be transferred as follows:

(A) Advanced coal technologies.--20 percent shall be transferred to the Secretary to carry out the advanced coal and sequestration technologies program under subsection (d).

(B) Cellulosic Biomass.--5 percent shall be transferred to the Secretary to carry out--

(i) the cellulosic biomass ethanol and municipal solid waste loan guarantee program under section 212(c) of the Clean Air Act (as added by section 206);

(ii) the cellulosic biomass ethanol conversion assistance program under section 212(f) of that Act (as added by section 206); and

(iii) the fuel from cellulosic biomass program under subsection (e).

(4) Advanced technology vehicles.--10 percent shall be transferred to the Secretary to carry out the advanced technology vehicles manufacturing incentive program under subsection (f).

(1) Definitions.--In this subsection:

(A) Energy savings.--The term ``energy savings'' means megawatt-hours of electricity or million British thermal units of natural gas saved by a product, in comparison to projected energy consumption under the energy efficiency standard applicable to the product.

(B) High-efficiency consumer product.--The term ``high-efficiency consumer product'' means a covered product to which an energy conservation standard applies under section 325 of the Energy Policy and Conservation Act (42 U.S.C. 6295), if the energy efficiency of the product exceeds the energy efficiency required under the standard.

(C) Zero- or low-carbon generation.--The term ``zero- or low-carbon generation'' means generation of electricity by an electric generation unit that--

(i) emits no carbon dioxide into the atmosphere, or is fossil-fuel fired and emits into the atmosphere not more than 250 pounds of carbon dioxide per megawatt-hour (after adjustment for any carbon dioxide from the unit that is geologically sequestered); and

(ii) was placed into commercial service after the date of enactment of this Act.

(2) Financial incentives program.--During each fiscal year beginning on or after October 1, 2006, the Secretary shall competitively award financial incentives under this subsection in the following technology categories:

(A) Production of electricity from new zero- or low-carbon generation.

(B) Manufacture of high-efficiency consumer products.

(3) Requirements.--

(A) In general.--The Secretary shall make awards under this subsection to producers of new zero- or low-carbon generation and to manufacturers of high-efficiency consumer products--

(i) in the case of producers of new zero- or low-carbon generation, based on the bid of each producer in terms of dollars per megawatt-hour of electricity generated; and

(ii) in the case of manufacturers of high-efficiency consumer products, based on the bid of each manufacturer in terms of dollars per megawatt-hour or million British thermal units saved.

(B) Acceptance of bids.--

(i) In general.--In making awards under this subsection, the Secretary shall--

(I) solicit bids for reverse auction from appropriate producers and manufacturers, as determined by the Secretary; and

(II) award financial incentives to the producers and manufacturers that submit the lowest bids that meet the requirements established by the Secretary.

(ii) Factors for conversion.--

(I) In general.--For the purpose of assessing bids under clause (i), the Secretary shall specify a factor for converting megawatt-hours of electricity and million British thermal units of natural gas to common units.

(II) Requirement.--The conversion factor shall be based on the relative greenhouse gas emission benefits of electricity and natural gas conservation.

(C) Ineligible units.--A new unit for the generation of electricity that uses renewable energy resources shall not be eligible to receive an award under this subsection if the unit receives renewable energy credits under a Federal renewable portfolio standard.

(4) Forms of awards.--

(A) Zero- and low-carbon generators.--An award for zero- or low-carbon generation under this subsection shall be in the form of a contract to provide a production payment for each year during the first 10 years of commercial service of the generation unit in an amount equal to the product obtained by multiplying--

(i) the amount bid by the producer of the zero- or low-carbon generation; and

(ii) the megawatt-hours estimated to be generated by the zero- or low-carbon generation unit each year.

(B) high-efficiency consumer products.--An award for a high-efficiency consumer product under this subsection shall be in the form of a lump sum payment in an amount equal to the product obtained by multiplying--

(i) the amount bid by the manufacturer of the high-efficiency consumer product; and

(ii) the energy savings during the projected useful life of the high-efficiency consumer product, not to exceed 10 years, as determined under rules issued by the Secretary.

(d) Advanced Coal and Sequestration Technologies Program.--

(1) Advanced coal technologies.--

(A) Definition of advanced coal generation technology.--In this paragraph, the term ``advanced coal generation technology'' means integrated gasification combined cycle or other advanced coal-fueled power plant technologies that--

(i) have a minimum of 50 percent coal heat input on an annual basis;

(ii) provide a technical pathway for carbon capture and storage; and

(iii) provide a technical pathway for co-production of a hydrogen slip-stream.

(B) Deployment incentives.--

(i) In general.--The Secretary shall use \1/2\ of the funds provided to carry out this subsection during each fiscal year to provide Federal financial incentives to facilitate the deployment of not more than 20 gigawatts of advanced coal generation technologies.

(ii) Administration.--In providing incentives under clause

(i), the Secretary shall--

(I) provide appropriate incentives for regulated investor-owned utilities, municipal utilities, electric cooperatives, and independent power producers, as determined by the Secretary; and

(II) ensure that a range of the domestic coal types is employed in the facilities that receive incentives under this subparagraph.

(i) Projects using certain coals.--In providing incentives under this paragraph, the Secretary shall set aside not less than 25 percent of any funds made available to carry out this paragraph for projects using lower rank coals, such as subbituminous coal and lignite.

(ii) Sequestration activities.--After the Secretary has made awards for 2000 megawatts of capacity under this paragraph, the Secretary shall give priority to projects that will capture and sequester emissions of carbon dioxide, as determined by the Secretary.

(D) Distribution of funds.--A project that receives an award under this paragraph may elect 1 of the following Federal financial incentives:

(i) A loan guarantee under section 1403(b).

(ii) A cost-sharing grant for not more than 50 percent of the cost of the project.

(iii) Production payments of not more than 1.5 cents per kilowatt-hour of electric output during the first 10 years of commercial service of the project.

(E) Limitation.--A project may not receive an award under this subsection if the project receives an award under subsection (c).

(2) Sequestration.--

(A) In general.--The Secretary shall use \1/2\ of the funds provided to carry out this subsection during each fiscal year for large-scale geologic carbon storage demonstration projects that use carbon dioxide captured from facilities for the generation of electricity using coal gasification or other advanced coal combustion processes, including facilities that receive assistance under paragraph (1).

(B) Project capital and operating costs.--The Secretary shall provide assistance under this paragraph to reimburse the project owner for a percentage of the incremental project capital and operating costs of the project that are attributable to carbon capture and sequestration, as the Secretary determines to be appropriate.

(e) Fuel from Cellulosic Biomass.--

(1) In general.--The Secretary shall provide deployment incentives under this subsection to encourage a variety of projects to produce transportation fuels from cellulosic biomass, relying on different feedstocks in different regions of the United States.

(2) Project eligibility.--Incentives under this paragraph shall be provided on a competitive basis to projects that produce fuels that--

(A) meet United States fuel and emissions specifications;

(B) help diversify domestic transportation energy supplies; and

(3) Incentives.--Incentives under this subsection may consist of--

(A) additional loan guarantees under section 1403(b) for the construction of production facilities and supporting infrastructure; or

(B) production payments through a reverse auction in accordance with paragraph (4).

(4) Reverse auction.--

(A) In general.--In providing incentives under this subsection, the Secretary shall--

(i) prescribe rules under which producers of fuel from cellulosic biomass may bid for production payments under paragraph (3)(B); and

(ii) solicit bids from producers of different classes of transportation fuel, as the Secretary determines to be appropriate.

(B) Requirement.--The rules under subparagraph (A) shall require that incentives shall be provided to the producers that submit the lowest bid (in terms of cents per gallon) for each class of transportation fuel from which the Secretary solicits a bid.

(f) Advanced Technology Vehicles Manufacturing Incentive Program.--

(1) Definitions.--In this subsection:

(A) Advanced lean burn technology motor vehicle.--The term

``advanced lean burn technology motor vehicle'' means a passenger automobile or a light truck with an internal combustion engine that--

(i) is designed to operate primarily using more air than is necessary for complete combustion of the fuel;

(ii) incorporates direct injection; and

(iii) achieves at least 125 percent of the 2002 model year city fuel economy of vehicles in the same size class as the vehicle.

(B) Advanced technology vehicle.--The term ``advanced technology vehicle'' means a light duty motor vehicle that--

(i) is a hybrid motor vehicle or an advanced lean burn technology motor vehicle; and

(ii) meets the following performance criteria:

(I) Except as provided in paragraph (3)(A)(ii), the Tier II Bin 5 emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)), or a lower numbered bin.

(II) At least 125 percent of the base year city fuel economy for the weight class of the vehicle.

(C) Engineering integration costs.--The term ``engineering integration costs'' includes the cost of engineering tasks relating to--

(i) incorporating qualifying components into the design of advanced technology vehicles; and

(ii) designing new tooling and equipment for production facilities that produce qualifying components or advanced technology vehicles.

(D) Hybrid motor vehicle.--The term ``hybrid motor vehicle'' means a motor vehicle that draws propulsion energy from onboard sources of stored energy that are--

(i) an internal combustion or heat engine using combustible fuel; and

(ii) a rechargeable energy storage system.

(E) Qualifying components.--The term ``qualifying components'' means components that the Secretary determines to be--

(i) specially designed for advanced technology vehicles; and

(ii) installed for the purpose of meeting the performance requirements of advanced technology vehicles.

(2) Manufacturer facility conversion awards.--The Secretary shall provide facility conversion funding awards under this subsection to automobile manufacturers and component suppliers to pay 30 percent of the cost of--

(A) re-equipping or expanding an existing manufacturing facility to produce--

(i) qualifying advanced technology vehicles; or

(ii) qualifying components; and

(B) engineering integration of qualifying vehicles and qualifying components.

(3) Period of availability.--

(A) Phase i.--

(i) In general.--An award under paragraph (2) shall apply to--

(I) facilities and equipment placed in service before January 1, 2014; and

(II) engineering integration costs incurred during the period beginning on the date of enactment of this Act and ending on December 31, 2013.

(ii) Transition standard for light duty diesel-powered vehicles.--For purposes of making an award under clause (i), the term ``advanced technology vehicle'' includes a diesel-powered or diesel-hybrid light duty vehicle that--

(I) has a weight greater than 6,000 pounds; and

(II) meets the Tier II Bin 8 emission standard established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act (42 U.S.C. 7521(i)), or a lower numbered bin.

(B) Phase ii.--If the Secretary determines under paragraph

(4) that the program under this subsection has resulted in a substantial improvement in the ability of automobile manufacturers to produce light duty vehicles with improved fuel economy, the Secretary shall continue to make awards under paragraph (2) that shall apply to--

(i) facilities and equipment placed in service before January 1, 2021; and

(ii) engineering integration costs incurred during the period beginning on January 1, 2014, and ending on December 31, 2020.

(4) Determination of improvement.--

(A) In general.--Not later than January 1, 2013, the Secretary shall determine, after providing notice and an opportunity for public comment, whether the program under this subsection has resulted in a substantial improvement in the ability of automobile manufacturers to produce light duty vehicles with improved fuel economy.

(B) Effect on manufacturers.--In preparing the determination under subparagraph (A), the Secretary shall enter into an agreement with the National Academy of Sciences to analyze the effect of the program under this subsection on automobile manufacturers.

SEC. 1527. EFFECT OF SUBTITLE.

Nothing in this subtitle affects the authority of Congress to limit, terminate, or change the value of an allowance or credit issued under this subtitle.

Subtitle B--International Programs

SEC. 1531. PURPOSES.

The purposes of this subtitle are--

(1) to strengthen the cooperation of the United States with developing countries in addressing critical energy needs and global climate change;

(2) to promote sustainable economic development, increase access to modern energy services, reduce greenhouse gas emissions, and strengthen energy security and independence in developing countries through the deployment of clean energy technologies;

(3) to facilitate the export of clean energy technologies to developing countries;

(4) to reduce the trade deficit of the United States through the export of United States energy technologies and technological expertise;

(5) to retain and create manufacturing and related service jobs in the United States;

(6) to integrate the objectives described in paragraphs (1) through (5) in a manner consistent with interests of the United States, into the foreign policy of the United States;

(7) to authorize funds for clean energy development activities in developing countries; and

(8) to ensure that activities funded under part C of title VII of the Global Environmental Protection Assistance Act of 1989 (as added by section 1532) contribute to economic growth, poverty reduction, good governance, the rule of law, property rights, and environmental protection.

SEC. 1532. CLEAN ENERGY TECHNOLOGY DEPLOYMENT IN DEVELOPING

COUNTRIES.

Title VII of the Global Environmental Protection Assistance Act of 1989 (Public Law 101-240; 103 Stat. 2521) is amended by adding at the end the following:

``PART C--CLEAN ENERGY TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES

``SEC. 731. DEFINITIONS.

``In this part:

``(1) Clean energy technology.--The term `clean energy technology' means an energy supply or end-use technology that, over its lifecycle and compared to a similar technology already in commercial use in any developing country--

``(A) is reliable, affordable, economically viable, socially acceptable, and compatible with the needs and norms of the host country;

``(B) results in--

``(i) reduced emissions of greenhouse gases; or

``(ii) increased geological sequestration; and

``(C) may--

``(i) substantially lower emissions of air pollutants; and

``(ii) generate substantially smaller or less hazardous quantities of solid or liquid waste.

``(2) Department.--The term `Department' means the Department of State.

``(3) Developing country.--

``(A) In general.--The term `developing country' means any country not listed in Annex I of the United Nations Framework Convention on Climate Change, done at New York on May 9, 1992.

``(B) Inclusion.--The term `developing country' may include a country with an economy in transition, as determined by the Secretary.

``(4) Geological sequestration.--The term `geological sequestration' means the capture and long-term storage in a geological formation of a greenhouse gas from an energy producing facility, which prevents the release of greenhouse gases into the atmosphere.

``(5) Interagency working group.--The term `Interagency Working Group' means the Interagency Working Group on Clean Energy Technology Exports established under section 732(b)(1)(A).

``(6) Qualifying project.--The term `qualifying project' means a project meeting the criteria established under section 735(b).

``(7) Secretary.--The term `Secretary' means the Secretary of State.

``(8) Strategy.--The term `Strategy' means the strategy established under section 733.

``(9) Task force.--The term `Task Force' means the Task Force on International Clean Energy Cooperation established under section 732(a).

``(10) United states.--The term `United States', when used in a geographical sense, means all of the States.

``SEC. 732. ORGANIZATION.

``(a) Task Force.--

``(1) Establishment.--Not later than 90 days after the date of enactment of this part, the President shall establish a Task Force on International Clean Energy Cooperation.

``(2) Composition.--The Task Force shall be composed of--

``(A) the Secretary and the Secretary of Energy, who shall serve jointly as Co-Chairpersons; and

``(B) representatives, appointed by the head of the respective Federal agency, of--

``(i) the Department of Commerce;

``(ii) the Department of the Treasury;

``(iii) the Environmental Protection Agency;

``(iv) the United States Agency for International Development;

``(v) the Export-Import Bank;

``(vi) the Overseas Private Investment Corporation;

``(vii) the Trade and Development Agency;

``(viii) the Small Business Administration;

``(ix) the Office of United States Trade Representative; and

``(x) other Federal agencies, as determined by the President.

``(3) Duties.--

``(A) Lead agency.--The Task Force shall act as the lead agency in the development and implementation of strategy under section 733.

``(B) Coordination and implementation.--The Task Force shall support the coordination and implementation of programs under sections 1331, 1332, and 1608 of the Energy Policy Act of 1992 (42 U.S.C. 13361, 13362, 13387).

``(4) Termination.--The Task Force, including any working group established by the Task Force, shall terminate on January 1, 2016.

``(b) Working Groups.--

``(1) Establishment.--The Task Force--

``(A) shall establish an Interagency Working Group on Clean Energy Technology Exports; and

``(B) may establish other working groups as necessary to carry out this part.

``(2) Composition of interagency working group.--The Interagency Working Group shall be composed of--

``(A) the Secretary of Energy, the Secretary of Commerce, and the Administrator of the United States Agency for International Development, who shall jointly serve as Co-Chairpersons; and

``(B) other members, as determined by the Task Force.

``(c) Interagency Center.--

``(1) Establishment.--There is established an Interagency Center in the Office of International Energy Market Development of the Department of Energy.

``(2) Duties.--The Interagency Center shall--

``(A) assist the Interagency Working Group in carrying out this part; and

``(B) perform such other duties as are determined to be appropriate by the Secretary of Energy.

``SEC. 733. STRATEGY.

``(a) Initial Strategy.--

``(1) In general.--Not later than 1 year after the date of enactment of this part, the Task Force shall develop and submit to the President a Strategy to--

``(A) support the development and implementation of programs and policies in developing countries to promote the adoption of clean energy technologies and energy efficiency technologies and strategies, with an emphasis on those developing countries that are expected to experience the most significant growth in energy production and use over the next 20 years;

``(B) open and expand clean energy technology markets and facilitate the export of clean energy technology to developing countries, in a manner consistent with the subsidy codes of the World Trade Organization;

``(C) integrate into the foreign policy objectives of the United States the promotion of--

``(i) clean energy technology deployment and reduced greenhouse gas emissions in developing countries; and

``(ii) clean energy technology exports;

``(D) establish a pilot program that provides financial assistance for qualifying projects; and

``(E) develop financial mechanisms and instruments

(including securities that mitigate the political and foreign exchange risks of uses that are consistent with the foreign policy of the United States by combining the private sector market and government enhancements) that--

``(i) are cost-effective; and

``(ii) facilitate private capital investment in clean energy technology projects in developing countries.

``(2) Transmission to congress.--On receiving the Strategy from the Task Force under paragraph (1), the President shall transmit to Congress the Strategy.

``(b) Updates.--

``(1) In general.--Not later than 2 years after the date of submission of the initial Strategy under subsection (a)(1), and every 2 years thereafter--

``(A) the Task Force shall--

``(i) review and update the Strategy; and

``(ii) report the results of the review and update to the President; and

``(B) the President shall submit to Congress a report on the Strategy.

``(2) Inclusions.--The report shall include--

``(A) the updated Strategy;

``(B) a description of the assistance provided under this part;

``(C) the results of the pilot projects carried out under this part, including a comparative analysis of the relative merits of each pilot project;

``(D) the activities and progress reported by developing countries to the Department under section 736(b)(2); and

``(E) the activities and progress reported towards meeting the goals established under section 736(b)(2).

``(c) Content.--In developing, updating, and submitting a report on the Strategy, the Task Force shall--

``(1) assess--

``(A) energy trends, energy needs, and potential energy resource bases in developing countries; and

``(B) the implications of the trends and needs for domestic and global economic and security interests;

``(2) analyze technology, policy, and market opportunities for international development, demonstration, and deployment of clean energy technologies and strategies;

``(3) examine relevant trade, tax, finance, international, and other policy issues to assess what policies, in the United States and in developing countries, would help open markets and improve clean energy technology exports of the United States in support of--

``(A) enhancing energy innovation and cooperation, including energy sector and market reform, capacity building, and financing measures;

``(B) improving energy end-use efficiency technologies

(including buildings and facilities) and vehicle, industrial, and co-generation technology initiatives; and

``(C) promoting energy supply technologies, including fossil, nuclear, and renewable technology initiatives;

``(4) investigate issues associated with building capacity to deploy clean energy technology in developing countries, including--

``(A) energy-sector reform;

``(B) creation of open, transparent, and competitive markets for clean energy technologies;

``(C) the availability of trained personnel to deploy and maintain clean energy technology; and

``(D) demonstration and cost-buydown mechanisms to promote first adoption of clean energy technology;

``(5) establish priorities for promoting the diffusion and adoption of clean energy technologies and strategies in developing countries, taking into account economic and security interests of the United States and opportunities for the export of technology of the United States;

``(6) identify the means of integrating the priorities established under paragraph (5) into bilateral, multilateral, and assistance activities and commitments of the United States;

``(7) establish methodologies for the measurement, monitoring, verification, and reporting under section 736(b)(2) of the greenhouse gas emission impacts of clean energy projects and policies in developing countries;

``(8) establish a registry that is accessible to the public through electronic means (including through the Internet) in which information reported under section 736(b)(2) shall be collected;

``(9) make recommendations to the heads of appropriate Federal agencies on ways to streamline Federal programs and policies to improve the role of the agencies in the international development, demonstration, and deployment of clean energy technology;

``(10) make assessments and recommendations regarding the distinct technological, market, regional, and stakeholder challenges necessary to deploy clean energy technology;

``(11) recommend conditions and criteria that will help ensure that funds provided by the United States promote sound energy policies in developing countries while simultaneously opening their markets and exporting clean energy technology of the United States;

``(12) establish an advisory committee, composed of representatives of the private sector and other interested groups, on the export and deployment of clean energy technology;

``(13) establish a coordinated mechanism for disseminating information to the private sector and the public on clean energy technologies and clean energy technology transfer opportunities; and

``(14) monitor the progress of each Federal agency in promoting the purposes of this part, in accordance with--

``(A) the 5-year strategic plan submitted to Congress in October 2002; and

``(B) other applicable law.

``(d) Ongoing Activities.--Existing activities and interagency management efforts underway by Task Force members shall be recognized as contributing to the initial Strategy.

``SEC. 734. CLEAN ENERGY ASSISTANCE TO DEVELOPING COUNTRIES.

``(a) In General.--Subject to section 736, the Secretary may provide assistance to developing countries for activities that are consistent with the priorities established in the Strategy.

``(b) Assistance.--The assistance may be provided through--

``(1) the Millennium Challenge Corporation established under section 604(a) of the Millennium Challenge Act of 2003

(22 U.S.C. 7703(a));

``(2) the Global Village Energy Partnership; and

``(3) other international assistance programs or activities of--

``(A) the Department;

``(B) the United States Agency for International Development; and

``(C) other Federal agencies.

``(c) Eligible Activities.--The activities supported under this section include--

``(1) development of national action plans and policies to--

``(A) facilitate the provision of clean energy services and the adoption of energy efficiency measures;

``(B) identify linkages between the use of clean energy technologies and the provision of agricultural, transportation, water, health, educational, and other development-related services; and

``(C) integrate the use of clean energy technologies into national strategies for economic growth, poverty reduction, and sustainable development;

``(2) strengthening of public and private sector capacity to--

``(A) assess clean energy needs and options;

``(B) identify opportunities to reduce, avoid, or sequester greenhouse gas emissions;

``(C) establish enabling policy frameworks;

``(D) develop and access financing mechanisms; and

``(E) monitor progress in implementing clean energy and greenhouse gas reduction strategies;

``(3) enactment and implementation of market-favoring measures to promote commercial-based energy service provision and to improve the governance, efficiency, and financial performance of the energy sector; and

``(4) development and use of innovative public and private mechanisms to catalyze and leverage financing for clean energy technologies, including use of the development credit authority of the United States Agency for International Development and credit enhancements through the Export-Import Bank and the Overseas Private Investment Corporation.

``SEC. 735. PILOT PROGRAM FOR DEMONSTRATION PROJECTS.

``(a) In General.--Not later than 2 years after the date of enactment of this part, the Secretary of Energy and the Administrator of the United States Agency for International Development, in consultation with the Secretary, shall, by regulation, establish a pilot program that provides financial assistance for qualifying projects consistent with the Strategy and the performance criteria established under section 736.

``(b) Qualifying Projects.--To be qualified to receive assistance under this section, a project shall--

``(1) be a project--

``(A) to construct an energy production facility in a developing country for the production of energy to be consumed in the developing country; or

``(B) to improve the efficiency of energy use in a developing country;

``(2) be a project that--

``(A) is submitted by a firm of the United States to the Secretary in accordance with procedures established by the Secretary by regulation;

``(B) meets the requirements of section 1608(k) of the Energy Policy Act of 1992 (42 U.S.C. 13387(k));

``(C) uses technology that has been successfully developed or deployed in the United States; and

``(D) is selected by the Secretary without regard to the developing country in which the project is located, with notice of the selection published in the Federal Register; and

``(3) when deployed, result in a greenhouse gas emission reduction (when compared to the technology that would otherwise be deployed) of at least--

``(A) in the case of a unit or energy-efficiency measure placed in service during the period beginning on the date of enactment of this part and ending on December 31, 2009, 20 percentage points;

``(B) in the case of a unit or energy-efficiency measure placed in service during the period beginning on January 1, 2010, and ending on December 31, 2019, 40 percentage points; and

``(C) in the case of a unit or energy-efficiency measure placed in service after December 31, 2019, 60 percentage points.

``(c) Financial Assistance.--

``(1) In general.--For each qualifying project selected by the Secretary to participate in the pilot program, the Secretary shall make a loan or loan guarantee available for not more than 50 percent of the total cost of the project.

``(2) Interest rate.--The interest rate on a loan made under this subsection shall be equal to the current average yield on outstanding obligations of the United States with remaining periods of maturity comparable to the maturity of the loan.

``(3) Host country contribution.--To be eligible for a loan or loan guarantee for a project in a host country under this subsection, the host country shall--

``(A) make at least a 10 percent contribution toward the total cost of the project; and

``(B) verify to the Secretary (using the methodology established under section 733(c)(7)) the quantity of annual greenhouse gas emissions reduced, avoided, or sequestered as a result of the deployment of the project.

``(4) Capacity building research.--

``(A) In general.--A proposal made for a qualifying project may include a research component intended to build technological capacity within the host country.

``(B) Research.--To be eligible for a loan or loan guarantee under this paragraph, the research shall--

``(i) be related to the technology being deployed; and

``(ii) involve--

``(I) an institution in the host country; and

``(II) a participant from the United States that is an industrial entity, an institution of higher education, or a National Laboratory.

``(C) Host country contribution.--To be eligible for a loan or loan guarantee for research in a host country under this paragraph, the host country shall make at least a 50 percent contribution toward the total cost of the research.

``(5) Grants.--

``(A) In general.--The Secretary, in consultation with the Secretary of Energy and the Administrator of the United States Agency for International Development, may, at the request of the United States ambassador to a host country, make grants to help address and overcome specific, urgent, and unforeseen obstacles in the implementation of a qualifying project.

``(B) Maximum amount.--The total amount of a grant made for a qualifying project under this paragraph may not exceed

$1,000,000.

``SEC. 736. PERFORMANCE CRITERIA FOR MAJOR ENERGY CONSUMERS.

``(a) Identification of Major Energy Consumers.--Not later than 1 year after the date of enactment of this part, the Task Force shall identify those developing countries that, by virtue of present and projected energy consumption, represent the predominant share of energy use among developing countries.

``(b) Performance Criteria.--As a condition of accepting assistance provided under sections 734 and 735, any developing country identified under subsection (a) shall--

``(1) meet the eligibility criteria established under section 607 of the Millennium Challenge Act of 2003 (22 U.S.C. 7706), notwithstanding the eligibility of the developing country as a candidate country under section 606 of that Act (22 U.S.C. 7705); and

``(2) agree to establish and report on progress in meeting specific goals for reduced energy-related greenhouse gas emissions and specific goals for--

``(A) increased access to clean energy services among unserved and underserved populations;

``(B) increased use of renewable energy resources;

``(C) increased use of lower greenhouse gas-emitting fossil fuel-burning technologies;

``(D) more efficient production and use of energy;

``(E) greater reliance on advanced energy technologies;

``(F) the sustainable use of traditional energy resources; or

``(G) other goals for improving energy-related environmental performance, including the reduction or avoidance of local air and water quality and solid waste contaminants.

``SEC. 737. AUTHORIZATION OF APPROPRIATIONS.

``There are authorized to be appropriated such sums as are necessary to carry out this part for each of fiscal years 2006 through 2015.''.

______

SA 869. Mr. BYRD (for himself, Mrs. Lincoln, Mr. Rockefeller, Mr. Harkin, and Mr. Pryor) proposed an amendment to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:

At the appropriate place insert the following:

SEC. __. INCOME TAX EXCLUSION FOR CERTAIN FUEL COSTS OF RURAL

CARPOOLS.

(a) In General.--Section 132(f)(1) of the Internal Revenue Code of 1986 (defining qualified transportation fringe) is amended by adding at the end the following new subparagraph:

``(D) Fuel expenses for a highway vehicle of any employee who meets the rural carpool requirements of paragraph (8).''.

(b) Limitation on Exclusion.--Section 132(f)(2) of such Code (relating to limitation on exclusion) is amended by striking ``and'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, and'', and by adding at the end the following new subparagraph:

``(C) $50 per month in the case of the benefit described in subparagraph (D).''.

(c) Rural Carpool Requirements.--Section 132(f) of such Code is amended by adding at the end the following new paragraph:

``(8) Requirements for employees participating in rural carpools.--

``(A) In general.--The requirements of this paragraph are met if an employee--

``(i) is an employee of an employer described in subparagraph (B),

``(ii) certifies to such employer that--

``(I) such employee resides in a rural area (as defined by the Bureau of the Census),

``(II) such employee is not eligible to claim any qualified transportation fringe described in subparagraph (A) or (B) of paragraph (1) if provided by such employer,

``(III) such employee uses the employee's highway vehicle when traveling between the employee's residence and place of employment, and

``(IV) for at least 75 percent of the total mileage of such travel, the employee is accompanied by 1 or more employees of such employer, and

``(iii) agrees to notify such employer when any subclause of clause (ii) no longer applies.

``(B) Employer described.--An employer is described in this subparagraph if the business premises of such employer which serve as the place of employment of the employee are located in an area which is not accessible by a transit system designed primarily to provide daily work trips within a local commuting area.''.

(d) No Exclusion for Employment Taxes.--Section 3121(a)(20) of such Code (defining wages) is amended by inserting

``(except by reason of subsection (f)(1)(D) thereof)'' after

``or 132''.

(e) Effective Date.--The amendments made by this section shall apply to expenses incurred on and after the date of the enactment of this Act and before January 1, 2007.

______

SA 870. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; as follows:

At the appropriate place, insert the following:

Amendment to be proposed by Mrs. Boxer.

SEC. . FINAL ACTION ON REFUNDS FOR EXCESSIVE CHARGES.

(a) Findings.--Congress finds that--

(1) The state of California experienced an energy crisis;

(2) FERC issued an order requiring a refund of the portion of charges on the sale of electric energy that was unjust or unreasonable during that crisis;

(3) As of the date of enactment of this act, none of the refunds ordered to date have been received by the state of California; and

(4) the Commission has ruled that the state of California is entitled to approximately $3 billion in refunds; the state of California maintains that that $8.9 billion in refunds is owed.

(b) FERC shall--

(1) seek to conclude its investigation into the unjust or unreasonable charges incurred by California during the 2000-2001 electricity crisis as soon as possible;

(2) seek to ensure that refunds the Commission determines are owed to the State of California are paid to the state of California; and

(3) submit to Congress a report by December 31, 2005 describing the actions taken by the Commission to date under this section and timetables for further actions.

______

SA 871. Mr. REID (for himself and Mr. Ensign) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

``SECTION . WHISTLEBLOWER PROTECTION FOR EMPLOYEES OF THE

DEPARTMENT OF ENERGY AND THE NUCLEAR REGULATORY

COMMISSION.

(a) Definition of Employer--Section 211(a)(2) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851(a)(2)) is amended--

(1) in subparagraph (C), by striking `and' at the end;

(2) in subparagraph (D), by striking `that is indemnified' and all that follows through `12344.'; and

(3) by adding at the end the following:

`(E) the Department of Energy.'.

(b) De Novo Judicial Determination--Section 211(b) of the Energy Reorganization Act of 1974 (42 U.S.C. 5851 (b)) is amended by adding at the end the following:

`(4) De Novo Judicial Determination--If the Secretary does not issue a final decision within 180 days after the filing of a complaint under paragraph (1) and the Secretary does not show that the delay is caused by the bad faith of the claimant, the claimant may bring a civil action in United States district court for a determination of the claim by the court de novo.'.

______

SA 872. Mr. MARTINEZ (for himself and Mr. Johnson) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

Beginning on page 692, strike line 20 and all that follows through page 693, line 13, and insert the following:

(3) Electric consumer; electric utility.--

(A) In general.--The terms ``electric consumer'' and

``electric utility'' have the meanings given those terms in section 3 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2602).

(B) Exclusion.--The term ``electric utility'' does not include any financial institution (as defined in section 509 of the Gramm-Leach-Bliley Act (15 U.S.C. 6809)).

(b) Privacy.--

(1) Rules.--The Commission may issue rules protecting the privacy of electric consumers from disclosure by an electric utility of consumer information obtained in connection with the sale or delivery of electric energy to electric consumers.

(2) Effect of rules.--Rules issued under paragraph (1) shall not affect, alter, limit, interfere with, or otherwise regulate the provision of information by an electric utility to a consumer reporting agency (as defined in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a)).

(c) Slamming.--The Commission may issue rules prohibiting the change of selection of an electric utility except with the informed consent of the electric consumer or if approved by the appropriate State regulatory authority.

(d) Cramming.--The Commission may issue rules prohibiting the sale of goods and services by an electric utility to an electric consumer unless expressly authorized by law or the electric consumer.

______

SA 873. Mr. SUNUNU (for himself and Mr. Wyden) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

Beginning on page 756, strike line 1 and all that follows through page 768, line 20.

______

SA 874. Mr. SUNUNU submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

Beginning on page 328, strike line 13 and all that follows through page 342, line 19.

______

SA 875. Mr. SUNUNU submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

Beginning on page 503, strike line 10 and all that follows through page 523, line 13.

______

SA 876. Mr. INOUYE (for himself and Mr. Akaka) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. __. EXCEPTION FROM VOLUME CAP FOR CERTAIN COOLING

FACILITIES.

(a) In General.--Section 146 of the Internal Revenue Code of 1986 (relating to volume cap) is amended by redesignating subsections (i) through (n) as subsections (j) through (o), respectively, and by inserting after subsection (h) the following:

``(i) Exception for facilities used to cool structures with ocean water, etc..--

``(1) In general.--Only for purposes of this section, the term `private activity bond' shall not include any exempt facility bond described in section 142(a)(9) which is issued as part of an issue to finance any project which is designed to access deep water renewable thermal energy for district cooling to provide building air conditioning (including any distribution piping, pumping, and chiller facilities).

``(2) Limitation.--Paragraph (1) shall apply only to bonds with a face amount of not more than $75,000,000 with respect to any project described in such paragraph.''.

(b) Effective Date.--The amendments made by this section shall apply to projects placed in service after the date of enactment of this Act and before July 1, 2008.

______

SA 877. Mr. VITTER submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 327, after line 21, add the following:

SEC. 390. DEEPWATER PORTS.

Section 4(c) of the Deepwater Port Act of 1974 (33 U.S.C. 1503(c)) is amended by striking paragraphs (8) and (9) and inserting the following:

``(8) the Governor of each adjacent coastal State under section 9 approves, or is presumed to approve, the issuance of the license; and

``(9) as of the date on which the application for a license is submitted, the adjacent coastal State to which the deepwater port is to be directly connected by pipeline has developed, or is making reasonable progress toward developing, as determined in accordance with section 9(c), an approved coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.).''.

______

SA 878. Mr. KYL submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 635, line 17, strike ``$100,000,000'' and insert

``$500,000,000''.

______

SA 879. Mr. KYL submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 635, line 17, strike ``$100,000,000'' and insert

``$1,000,000,000''.

______

SA 880. Mr. KYL submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place in subtitle A of title II, insert the following:

SEC. 2__. STATE EXEMPTION FROM SEASONALITY REQUIREMENTS.

Section 211(o)(6) of the Clean Air Act (as amended by section 205) is amended in subparagraph (F) by adding before the period at the end the following: ``or any State that receives over 50 percent of its fuel from a State that receives a waiver under that section''.

______

SA 881. Mr. PRYOR submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. WEATHERIZATION ASSISTANCE CREDIT.

(a) In General.--Subpart D of Part III of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by this Act, is amended by inserting after section 45N the following new section:

``SEC. 45O. WEATHERIZATION ASSISTANCE CREDIT.

``(a) General Rule.--For purposes of section 38, in the case of a utility, the amount of the weatherization assistance credit determined under this section for the taxable year shall be an amount equal to 20 percent of the qualified weatherization assistance expenses.

``(b) Definitions.--For purposes of this section:

``(1) Weatherization assistance expenses.--The term

`weatherization assistance expenses' means amounts--

``(A) paid by the taxpayer--

``(i) to an entity that is described in section 415(b)(2) of the Energy Conservation and Production Act (42 U.S.C. 6865(b)(2)), that receives funds from the Department of Energy Weatherization Assistance Program as such an entity, and that uses the taxpayer's amounts for the installation of energy efficiency improvements in residences of low-income individuals for purposes of section 415(a)(2) of the Energy Conservation and Production Act (42 U.S.C. 6865(a)(2)), as administered by the Department of Energy, or

``(ii) to a State weatherization agency for use by such agency in its program that enhances or extends the Department of Energy's program described in subparagraph (A), and

``(B) certified to the taxpayer by a State weatherization agency as paid to one or more entities described in subparagraph (A)(i) or to such agency described in subparagraph (A)(ii).

``(2) Qualified weatherization assistance expenses.--The term `qualified weatherization assistance expenses' means--

``(A) with respect to the first 5 taxable years ending after the date of enactment of this section, the weatherization assistance expenses for each such year, and

``(B) with respect to a taxable year after the fifth taxable year ending after the date of enactment of this section, the excess (if any) of the weatherization assistance expenses for such year over the weatherization assistance expenses for the fifth taxable year preceding such year.

``(3) Utility.--The term `utility' means a corporation that is engaged in the sale of electric energy or gas and is described in section 7701(a)(33)(A).

``(4) State weatherization agency.--The term `State weatherization agency' means the department, agency, board, or other entity of a State that is authorized by such State to administer the weatherization program described in section 415 of the Energy Conservation and Production Act (42 U.S.C. 6865).

``(c) Regulations.--The Secretary shall prescribe regulations necessary to carry out the purposes of this section.''.

(b) Credit Treated as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to current year business credit), as amended by this Act, is amended by striking ``plus'' at the end of paragraph (23), striking the period at the end of paragraph (24), and inserting ``, plus'' and by inserting after paragraph (24) the following new paragraph:

``(25) the weatherization assistance credit determined under section 45O(a).''.

(c) Conforming Amendment.--The table of sections for Subpart D of Part III of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by this Act, is amended by adding after the item relating to section 45N the following new item:

``45O. Weatherization assistance credit.''.

(d) Effective Date.--The amendments made by this section shall apply to weatherization assistance expenses (within the meaning of section 45O of the Internal Revenue Code of 1986) paid or incurred in taxable years ending after the date of enactment of this Act.

______

SA 882. Mr. DODD (for himself and Mr. Lieberman) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 659, between lines 3 and 4, insert the following:

SEC. 1243. SENSE OF THE SENATE REGARDING LOCATIONAL INSTALLED

CAPACITY MECHANISM.

(a) Findings.--The Senate finds that--

(1) as of the date of enactment of this Act, the States of New England have been litigating a proposal to develop and implement a specific type of locational installed capacity mechanism in New England before the Federal Energy Regulatory Commission; and

(2) the Governors of those States have objected to the proposed locational installed capacity mechanism of the Commission because the Governors believe that the mechanism--

(A) does not provide any assurance that needed generation will be built in the right place at the right time;

(B) is not linked to any long-term commitment from generators to provide energy;

(D) does not recognize efforts by the States of New England to propose alternative solutions through the creation of a regional State commission.

(b) Sense of the Senate.--It is the sense of the Senate that the Federal Energy Regulatory Commission should suspend the pending locational installed capacity proceeding and allow the States of New England to propose alternatives to the locational installed capacity mechanism that have less regional economic impact and more certainty of providing the necessary generation capacity and reliability.

______

SA 883. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 310, strike line 25 and insert the following:repaid or reobligated for authorized uses.

``(3) Limitation.--Not more than 23 percent of amounts received by a producing State or coastal political subdivision for any 1 fiscal year shall be used for the purposes described in subparagraphs (C) and (E) of paragraph

(1).''.

______

SA 884. Mr. ROCKEFELLER (for himself, Mr. Bingaman, and Mr. Bunning) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CREDIT FOR INTANGIBLE DRILLING COSTS.

(a) In General.--Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 (relating to business related credits), as amended by this Act, is amended by adding at the end the following new section:

``SEC. 45O. INTANGIBLE DRILLING COSTS CREDIT.

``(a) In General.--For purposes of section 38, the intangible drilling costs credit for the taxable year is an amount equal to 15 percent of the intangible drilling costs

(within the meaning of section 263(c)) paid or incurred during the taxable year in connection with each qualifying natural gas well.

``(b) Limitation.--The aggregate amount of credit allowed under this section for all taxable years shall not exceed

$50,000 with respect to any qualifying natural gas well.

``(c) Qualifying Natural Gas Well.--For purposes of this section, the term `qualifying natural gas well' means a natural gas well--

``(1) which is placed in service before the date that is 3 years after the date of the enactment of this section,

``(2) which produces a qualified fuel (as defined in section 29(c)), and

``(3) the basis of which is $200,000 or greater.

``(d) Denial of Double Benefit.--No deduction shall be allowed under section 263(c) for any cost for which a credit is allowed under this section.''.

(b) Credit Treated as Part of General Business Credit.--Section 38(b) of the Internal Revenue Code of 1986 (relating to general business credit), as amended by this Act, is amended by striking ``plus'' at the end of paragraph (23), by striking the period at the end of paragraph (24) and inserting ``, plus'', and by adding at the end the following new paragraph:

``(25) the intangible drill costs credit determined under section 45O.''.

(c) No Carryback of Credit.--Section 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of unused credit) is amended by adding at the end the following new subsection:

``(e) Special Rule for Intangible Drilling Costs Credit.--No portion of the unused credit which is attributable to the intangible drilling costs credit under section 45O may be taken into account under section 38(a)(3).''.

(d) Clerical Amendment.--The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by this Act, is amended by inserting after the item relating to section 45N the following new item:

``Sec. 45O. Intangible drilling costs credit.''.

(e) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.

______

SA 885. Ms. CANTWELL (for herself, Mr. Graham, Mrs. Murray, Mr. Smith, Mr. Bingaman, and Mr. Coleman) submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. THREE-YEAR APPLICABLE RECOVERY PERIOD FOR

DEPRECIATION OF QUALIFIED ENERGY MANAGEMENT

DEVICES.

(a) In General.--Section 168(e)(3)(A) (defining 3-year property) is amended by striking ``and'' at the end of clause

(ii), by striking the period at the end of clause (iii) and inserting ``, and'', and by adding at the end the following new clause:

``(iv) any qualified energy management device.''.

(b) Definition of Qualified Energy Management Device.--Section 168(i) (relating to definitions and special rules), as amended by this Act, is amended by inserting at the end the following new paragraph:

``(17) Qualified energy management device.--

``(A) In general.--The term `qualified energy management device' means any energy management device which is placed in service before January 1, 2009, by a taxpayer who is a supplier of electric energy or a provider of electric energy services.

``(B) Energy management device.--For purposes of subparagraph (A), the term `energy management device' means any meter or metering device which is used by the taxpayer--

``(i) to measure and record electricity usage data on a time-differentiated basis in at least 4 separate time segments per day, and

``(ii) to provide such data on at least a monthly basis to both consumers and the taxpayer.''.

(c) Alternative System.--The table contained in section 168(g)(3)(B) is amended by inserting after the item relating to subparagraph (A)(iii) the following:

``(A)(iv).........................................................20''.

(d) Effective Date.--The amendments made by this section

(other than subsection (e)) shall apply to property placed in service after December 31, 2005, in taxable years ending after such date.

(e) Freeze of Interest Suspension Rules With Respect to Listed Transactions.--

(1) In general.--Paragraph (2) of section 903(d) of the American Jobs Creation Act of 2004 is amended to read as follows:

``(2) Exception for reportable or listed transactions.--

``(A) In general.--The amendments made by subsection (c) shall apply with respect to interest accruing after October 3, 2004.

``(B) Special rule for certain listed transactions.--

``(i) In general.--Except as provided in clause (ii) or

(iii), in the case of any listed transaction, the amendments made by subsection (c) shall also apply with respect to interest accruing on or before October 3, 2004.

``(ii) Participants in settlement initiatives.--Clause (i) shall not apply to a listed transaction if, as of May 9, 2005--

``(I) the taxpayer is participating in a published settlement initiative which is offered by the Secretary of the Treasury or his delegate to a group of similarly situated taxpayers claiming benefits from the listed transaction, or

``(II) the taxpayer has entered into a settlement agreement pursuant to such an initiative with respect to the tax liability arising in connection with the listed transaction.

Subclause (I) shall not apply to the taxpayer if, after May 9, 2005, the taxpayer withdraws from, or terminates, participation in the initiative or the Secretary or his delegate determines that a settlement agreement will not be reached pursuant to the initiative within a reasonable period of time.

``(iii) Closed transactions.--Clause (i) shall not apply to a listed transaction if, as of May 9, 2005--

``(I) the assessment of all Federal income taxes for the taxable year in which the tax liability to which the interest relates arose is prevented by the operation of any law or rule of law, or

``(II) a closing agreement under section 7121 has been entered into with respect to the tax liability arising in connection with the listed transaction.''.

(2) Effective date.--The amendment made by this subsection shall take effect as if included in the provisions of the American Jobs Creation Act of 2004 to which it relates.

______

SA 886. Mr. COCHRAN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 159, after line 23, add the following:

SEC. 211. WASTE-DERIVED ETHANOL AND BIODIESEL.

Section 312(f)(1) of the Energy Policy Act of 1992 (42 U.S.C. 13220(f)(1)) is amended--

(1) by striking ```biodiesel' means'' and inserting the following: ```biodiesel'--

``(A) means''; and

(2) in subparagraph (A) (as designated by paragraph (1)) by striking ``and'' at the end and inserting the following:

``(B) includes ethanol and biodiesel derived from--

``(i) animal wastes, including poultry fats and poultry wastes, and other waste materials; or

``(ii) municipal solid waste and sludges and oils derived from wastewater and the treatment of wastewater; and''.

______

SA 887. Mr. CHAMBLISS submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert:

SEC. __. ARBITRAGE RULES NOT TO APPLY TO PREPAYMENTS FOR

NATURAL GAS.

(a) In General.--Section 148(b) of the Internal Revenue Code of 1986 (relating to higher yielding investments) is amended by adding at the end the following new paragraph:

``(4) Safe harbor for prepaid natural gas.--

``(A) In general.--The term `investment-type property' does not include a prepayment under a qualified natural gas supply contract.

``(B) Qualified natural gas supply contract.--For purposes of this paragraph, the term `qualified natural gas supply contract' means any contract to acquire natural gas for resale by or for a utility owned by a governmental unit if the amount of gas permitted to be acquired under the contract for the utility during any year does not exceed the sum of--

``(i) the annual average amount during the testing period of natural gas purchased (other than for resale) by customers of such utility who are located within the service area of such utility, and

``(ii) the amount of natural gas to be used to transport the prepaid natural gas to the utility during such year.

``(C) Natural gas used to generate electricity.--Natural gas used to generate electricity shall be taken into account in determining the average under subparagraph (B)(i)--

``(i) only if the electricity is generated by a utility owned by a governmental unit, and

``(ii) only to the extent that the electricity is sold

(other than for resale) to customers of such utility who are located within the service area of such utility.

``(D) Adjustments for changes in customer base.--

``(i) New business customers.--If--

``(I) after the close of the testing period and before the date of issuance of the issue, the utility owned by a governmental unit enters into a contract to supply natural gas (other than for resale) for use by a business at a property within the service area of such utility, and

``(II) the utility did not supply natural gas to such property during the testing period or the ratable amount of natural gas to be supplied under the contract is significantly greater than the ratable amount of gas supplied to such property during the testing period,

then a contract shall not fail to be treated as a qualified natural gas supply contract by reason of supplying the additional natural gas under the contract referred to in subclause (I).

``(ii) Overall limitation.--The average under subparagraph

(B)(i) shall not exceed the annual amount of natural gas reasonably expected to be purchased (other than for resale) by persons who are located within the service area of such utility and who, as of the date of issuance of the issue, are customers of such utility.

``(E) Ruling requests.--The Secretary may increase the average under subparagraph (B)(i) for any period if the utility owned by the governmental unit establishes to the satisfaction of the Secretary that, based on objective evidence of growth in natural gas consumption or population, such average would otherwise be insufficient for such period.

``(F) Adjustment for natural gas otherwise on hand.--

``(i) In general.--The amount otherwise permitted to be acquired under the contract for any period shall be reduced by--

``(I) the applicable share of natural gas held by the utility on the date of issuance of the issue, and

``(II) the natural gas (not taken into account under subclause (I)) which the utility has a right to acquire during such period (determined as of the date of issuance of the issue).

``(ii) Applicable share.--For purposes of clause (i), the term `applicable share' means, with respect to any period, the natural gas allocable to such period if the gas were allocated ratably over the period to which the prepayment relates.

``(G) Intentional acts.--Subparagraph (A) shall cease to apply to any issue if the utility owned by the governmental unit engages in any intentional act to render the volume of natural gas acquired by such prepayment to be in excess of the sum of--

``(i) the amount of natural gas needed (other than for resale) by customers of such utility who are located within the service area of such utility, and

``(ii) the amount of natural gas used to transport such natural gas to the utility.

``(H) Testing period.--For purposes of this paragraph, the term `testing period' means, with respect to an issue, the most recent 5 calendar years ending before the date of issuance of the issue.

``(I) Service area.--For purposes of this paragraph, the service area of a utility owned by a governmental unit shall be comprised of--

``(i) any area throughout which such utility provided at all times during the testing period--

``(I) in the case of a natural gas utility, natural gas transmission or distribution services, and

``(II) in the case of an electric utility, electricity distribution services,

``(ii) any area within a county contiguous to the area described in clause (i) in which retail customers of such utility are located if such area is not also served by another utility providing natural gas or electricity services, as the case may be, and

``(iii) any area recognized as the service area of such utility under State or Federal law.''.

(b) Private Loan Financing Test Not To Apply to Prepayments for Natural Gas.--Section 141(c)(2) of the Internal Revenue Code of 1986 (providing exceptions to the private loan financing test) is amended by striking ``or'' at the end of subparagraph (A), by striking the period at the end of subparagraph (B) and inserting ``, or'', and by adding at the end the following new subparagraph:

``(C) is a qualified natural gas supply contract (as defined in section 148(b)(4)).''.

(c) Conforming Amendment.--Section 141(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

``(7) Exception for qualified electric and natural gas supply contracts.--The term `nongovernmental output property' shall not include any contract for the prepayment of electricity or natural gas which is not investment property under section 148(b)(2).''.

(d) Effective Date.--The amendment made by this section shall apply to obligations issued after December 31, 2005.

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SA 888. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the end of title XV, add the following:

SEC. 15__. STATE INCENTIVES FOR USE OF CLEAN COAL TECHNOLOGY.

(a) Definitions.--In this section:

(1) Compliance facility.--The term ``compliance facility'' means any facility that--

(A)(i) is designed, constructed, or installed, and used, at a coal-fired electric generation unit for the primary purpose of complying with acid rain control requirements established by title IV of Public Law 101-549 (commonly known as the

``Clean Air Act Amendments of 1990'') (42 U.S.C. 7651 et seq.); and

(ii) controls or limits emissions of sulfur or nitrogen compounds resulting from the combustion of coal through the removal or reduction of those compounds before, during, or after the combustion of the coal, but before the combustion products are emitted into the atmosphere;

(B)(i) removes sulfur compounds from coal before the combustion of the coal; and

(ii) is located off the premises of the electric generation facility at which the coal processed by the compliance facility is burned;

(D) includes facilities or equipment acquired, constructed, or installed, and used, at a coal-fired electric generating unit primarily for the purpose of handling--

(i) the byproducts produced by the compliance facility; or

(ii) other coal combustion byproducts produced by the electric generation unit in or to which the compliance facility is incorporated or connected.

(2) Electric utility.--The term ``electric utility'' means any person (including any municipality) that generates, transmits, or distributes electric energy through the use of a coal-fired generating unit that contains, is attached to, or is used in conjunction with a compliance facility.

(b) Credits.--A State may provide to an electric utility a credit against any tax or fee owed to the State under a State law, in an amount calculated in accordance with a formula to be determined by the State, for the use of coal mined from deposits in the State that is burned in a coal-fired electric generation unit that is owned or operated by the electric utility that receives the credit.

(1) shall be considered to be a reasonable regulation of commerce as of the effective date of the action; and

(2) shall not be considered to impose an undue burden on interstate commerce or to otherwise impair, restrain, or discriminate against interstate commerce.

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SA 889. Ms. SNOWE (for herself and Mr. Stevens) submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

(The bill will be printed in a future edition of the Record.)

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SA 890. Mr. SMITH submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page [154], strike line [24], and insert the following:

``Solar Energy Property.--Clause (i)''.

On page [155] lines [2 through 3], strike ``for use in a structure''.

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SA 891. Mr. DOMENICI (for himself, Mr. Bingaman, Ms. Landrieu, Mr. Vitter, Mr. Lott, Mr. Cochran, and Mrs. Hutchison) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

Beginning on page 297, strike line 2 and all that follows through page 310, line 25, and insert the following:

SEC. 371. COASTAL IMPACT ASSISTANCE PROGRAM.

Section 31 of the Outer Continental Shelf Lands Act (43 U.S.C. 1356a) is amended to read as follows:

``SEC. 31. COASTAL IMPACT ASSISTANCE PROGRAM.

``(a) Definitions.--In this section:

``(1) Coastal political subdivision.--The term `coastal political subdivision' means a political subdivision of a coastal State any part of which political subdivision is--

``(A) within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of the coastal State as of the date of enactment of the Energy Policy Act of 2005; and

``(B) not more than 200 nautical miles from the geographic center of any leased tract.

``(2) Coastal population.--The term `coastal population' means the population, as determined by the most recent official data of the Census Bureau, of each political subdivision any part of which lies within the designated coastal boundary of a State (as defined in a State's coastal zone management program under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.)).

``(3) Coastal state.--The term `coastal State' has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

``(4) Coastline.--The term `coastline' has the meaning given the term `coast line' in section 2 of the Submerged Lands Act (43 U.S.C. 1301).

``(5) Distance.--The term `distance' means the minimum great circle distance, measured in statute miles.

``(6) Leased tract.--The term `leased tract' means a tract that is subject to a lease under section 6 or 8 for the purpose of drilling for, developing, and producing oil or natural gas resources.

``(7) Leasing moratoria.--The term `leasing moratoria' means the prohibitions on preleasing, leasing, and related activities on any geographic area of the outer Continental Shelf as contained in sections 107 through 109 of division E of the Consolidated Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3063).

``(8) Political subdivision.--The term `political subdivision' means the local political jurisdiction immediately below the level of State government, including counties, parishes, and boroughs.

``(9) Producing state.--

``(A) In general.--The term `producing State' means a coastal State that has a coastal seaward boundary within 200 nautical miles of the geographic center of a leased tract within any area of the outer Continental Shelf.

``(B) Exclusion.--The term `producing State' does not include a producing State, a majority of the coastline of which is subject to leasing moratoria, unless production was occurring on January 1, 2005, from a lease within 10 nautical miles of the coastline of that State.

``(10) Qualified outer continental shelf revenues.--

``(A) In general.--The term `qualified Outer Continental Shelf revenues' means all amounts received by the United States from each leased tract or portion of a leased tract--

``(i) lying--

``(I) seaward of the zone covered by section 8(g); or

``(II) within that zone, but to which section 8(g) does not apply; and

``(ii) the geographic center of which lies within a distance of 200 nautical miles from any part of the coastline of any coastal State.

``(B) Inclusions.--The term `qualified Outer Continental Shelf revenues' includes bonus bids, rents, royalties

(including payments for royalty taken in kind and sold), net profit share payments, and related late-payment interest from natural gas and oil leases issued under this Act.

``(C) Exclusion.--The term `qualified Outer Continental Shelf revenues' does not include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2005, unless the lease was in production on January 1, 2005.

``(b) Payments to Producing States and Coastal Political Subdivisions.--

``(1) In general.--The Secretary shall, without further appropriation, disburse to producing States and coastal political subdivisions in accordance with this section

$250,000,000 for each of fiscal years 2007 through 2010.

``(2) Disbursement.--In each fiscal year, the Secretary shall disburse to each producing State for which the Secretary has approved a plan under subsection (c), and to coastal political subdivisions under paragraph (4), such funds as are allocated to the producing State or coastal political subdivision, respectively, under this section for the fiscal year.

``(3) Allocation among producing states.--

``(A) In general.--Except as provided in subparagraph (C) and subject to subparagraph (D), the amounts available under paragraph (1) shall be allocated to each producing State based on the ratio that--

``(i) the amount of qualified outer Continental Shelf revenues generated off the coastline of the producing State; bears to

``(ii) the amount of qualified outer Continental Shelf revenues generated off the coastline of all producing States.

``(B) Amount of outer continental shelf revenues.--For purposes of subparagraph (A)--

``(i) the amount of qualified outer Continental Shelf revenues for each of fiscal years 2007 and 2008 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2006; and

``(ii) the amount of qualified outer Continental Shelf revenues for each of fiscal years 2009 and 2010 shall be determined using qualified outer Continental Shelf revenues received for fiscal year 2008.

``(C) Multiple producing states.--In a case in which more than 1 producing State is located within 200 nautical miles of any portion of a leased tract, the amount allocated to each producing State for the leased tract shall be inversely proportional to the distance between--

``(i) the nearest point on the coastline of the producing State; and

``(ii) the geographic center of the leased tract.

``(D) Minimum allocation.--The amount allocated to a producing State under subparagraph (A) shall be at least 1 percent of the amounts available under paragraph (1).

``(4) Payments to coastal political subdivisions.--

``(A) In general.--The Secretary shall pay 35 percent of the allocable share of each producing State, as determined under paragraph (3) to the coastal political subdivisions in the producing State.

``(B) Formula.--Of the amount paid by the Secretary to coastal political subdivisions under subparagraph (A)--

``(i) 25 percent shall be allocated to each coastal political subdivision in the proportion that--

``(I) the coastal population of the coastal political subdivision; bears to

``(II) the coastal population of all coastal political subdivisions in the producing State;

``(ii) 25 percent shall be allocated to each coastal political subdivision in the proportion that--

``(I) the number of miles of coastline of the coastal political subdivision; bears to

``(II) the number of miles of coastline of all coastal political subdivisions in the producing State; and

``(C) Exception for the state of louisiana.--For the purposes of subparagraph (B)(ii), the coastline for coastal political subdivisions in the State of Louisiana without a coastline shall be considered to be \1/3\ the average length of the coastline of all coastal political subdivisions with a coastline in the State of Louisiana.

``(D) Exception for the state of alaska.--For the purposes of carrying out subparagraph (B)(iii) in the State of Alaska, the amounts allocated shall be divided equally among the 2 coastal political subdivisions that are closest to the geographic center of a leased tract.

``(E) Exclusion of certain leased tracts.--For purposes of subparagraph (B)(iii), a leased tract or portion of a leased tract shall be excluded if the tract or portion of a leased tract is located in a geographic area subject to a leasing moratorium on January 1, 2005, unless the lease was in production on that date.

``(6) No approved plan.--

``(A) In general.--Subject to subparagraph (B) and except as provided in subparagraph (C), in a case in which any amount allocated to a producing State or coastal political subdivision under paragraph (4) or (5) is not disbursed because the producing State does not have in effect a plan that has been approved by the Secretary under subsection (c), the Secretary shall allocate the undisbursed amount equally among all other producing States.

``(B) Retention of allocation.--The Secretary shall hold in escrow an undisbursed amount described in subparagraph (A) until such date as the final appeal regarding the disapproval of a plan submitted under subsection (c) is decided.

``(C) Waiver.--The Secretary may waive subparagraph (A) with respect to an allocated share of a producing State and hold the allocable share in escrow if the Secretary determines that the producing State is making a good faith effort to develop and submit, or update, a plan in accordance with subsection (c).

``(c) Coastal Impact Assistance Plan.--

``(1) Submission of state plans.--

``(A) In general.--Not later than July 1, 2008, the Governor of a producing State shall submit to the Secretary a coastal impact assistance plan.

``(B) Public participation.--In carrying out subparagraph

(A), the Governor shall solicit local input and provide for public participation in the development of the plan.

``(2) Approval.--

``(B) Components.--The Secretary shall approve a plan submitted under paragraph (1) if--

``(i) the Secretary determines that the plan is consistent with the uses described in subsection (d); and

``(ii) the plan contains--

``(I) the name of the State agency that will have the authority to represent and act on behalf of the producing State in dealing with the Secretary for purposes of this section;

``(II) a program for the implementation of the plan that describes how the amounts provided under this section to the producing State will be used;

``(III) for each coastal political subdivision that receives an amount under this section--

``(aa) the name of a contact person; and

``(bb) a description of how the coastal political subdivision will use amounts provided under this section;

``(IV) a certification by the Governor that ample opportunity has been provided for public participation in the development and revision of the plan; and

``(V) a description of measures that will be taken to determine the availability of assistance from other relevant Federal resources and programs.

``(3) Amendment.--Any amendment to a plan submitted under paragraph (1) shall be--

``(A) developed in accordance with this subsection; and

``(B) submitted to the Secretary for approval or disapproval under paragraph (4).

``(4) Procedure.--Not later than 90 days after the date on which a plan or amendment to a plan is submitted under paragraph (1) or (3), the Secretary shall approve or disapprove the plan or amendment.

``(d) Authorized Uses.--

``(1) In general.--A producing State or coastal political subdivision shall use all amounts received under this section, including any amount deposited in a trust fund that is administered by the State or coastal political subdivision and dedicated to uses consistent with this section, in accordance with all applicable Federal and State law, only for 1 or more of the following purposes:

``(A) Projects and activities for the conservation, protection, or restoration of coastal areas, including wetland.

``(B) Mitigation of damage to fish, wildlife, or natural resources.

``(C) Planning assistance and the administrative costs of complying with this section.

``(D) Implementation of a federally-approved marine, coastal, or comprehensive conservation management plan.

``(E) Mitigation of the impact of outer Continental Shelf activities through funding of onshore infrastructure projects and public service needs.

``(2) Compliance with authorized uses.--If the Secretary determines that any expenditure made by a producing State or coastal political subdivision is not consistent with this subsection, the Secretary shall not disburse any additional amount under this section to the producing State or the coastal political subdivision until such time as all amounts obligated for unauthorized uses have been repaid or reobligated for authorized uses.

(1).''.

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SA 892. Mr. SALAZAR submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 342, strike lines 3 through 10 and insert the following:

(a) Project.--

(1) In general.--Subject to the availability of appropriations, the Secretary shall carry out a project to demonstrate production of energy from coal mined in the western United States using integrated gasification combined cycle technology (referred to in this section as the

``demonstration project'').

(2) Components.--The demonstration project--

(A) may include repowering of facilities in existence on the date of enactment of this Act;

(B) shall be designed to ensure the capability--

(i) to remove and sequester carbon dioxide; and

(ii) to accommodate a variety of types of coal (including subbituminous and bituminous coal up to 13,000 Btu/lb) mined in the western United States; and

(C) shall be carried out to test and evaluate integrated gasification combined cycle technology using coals mined in the western United States to assess the operation of--

(i) coal feed systems;

(ii) syngas cooling;

(iii) operating pressures;

(iv) carbon dioxide capture; and

(v) such other commercial designs and innovations as may be determined by the Secretary.

______

SA 893. Mr. BAUCUS submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 53, line 8, strike the quotation marks and the final period and insert the following:

``(3) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration, as a part of the outreach to small business concerns regarding the Energy Star Program required by this subsection, may enter into cooperative agreements with qualified resource partners (including the National Center for Appropriate Technology) to establish, maintain, and promote a Small Business Energy Clearinghouse (in this subsection referred to as the `Clearinghouse'). The Secretary and the Administrators shall ensure that the Clearinghouse provides a centralized resource where small business concerns may access, telephonically and electronically, technical information and advice to help increase energy efficiency and reduce energy costs.

``(4) There are authorized to be appropriated such sums as may be necessary to carry out this subsection, to remain available until expended.''.

______

SA 894. Mr. SALAZAR submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PAYMENT TO CERTAIN ULTIMATE VENDORS OF EXCISE TAX

REFUND FOR BIODIESEL MIXTURES SOLD FOR

NONTAXABLE PURPOSES.

(a) In General.--Section 6427(l) of the Internal Revenue Code of 1986 (relating to nontaxable uses of diesel fuel and kerosene), as amended by this Act, is amended by adding at the end the following new paragraph:

``(7) Refunds for biodiesel mixtures.--With respect to diesel fuel used in any biodiesel mixture, if the ultimate purchaser of such mixture waives (at such time and in such form and manner as the Secretary shall prescribe) the right to payment under paragraph (1) and assigns such right to the ultimate vendor, then the Secretary shall pay the amount which would be paid under paragraph (1) to such ultimate vendor, but only if such ultimate vendor--

``(A) is registered under section 4101, and

``(B) meets the requirements of subparagraph (A), (B), or

(D) of section 6416(a)(1).''.

(b) Effective Date.--The amendment made by this section shall apply to any biodiesel mixture sold after the date of the enactment of this Act.

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SA 895. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 696, lines 24 and 25, strike ``unlawful on the grounds that it is unjust and unreasonable'' and insert ``not permitted under a rate schedule (or contract under such a schedule) or is otherwise unlawful on the grounds that the contract is unjust and unreasonable or contrary to the public interest''.

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SA 896. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 424, after line 16, insert the following:

SEC. 712. UPDATED FUEL ECONOMY LABELING PROCEDURES.

(a) In General.--The Administrator of the Environmental Protection Agency shall, as appropriate and in consultation with the Administrator of the National Highway Traffic Safety Administration, update and revise the process used to determine fuel economy values for labeling purposes as set forth in sections 600.209-85 and 600.209.95 (40 C.F.R. 600.209-85 and 600.209.95) to take into consideration current factors such as speed limits, acceleration rates, braking, variations in weather and temperature, vehicle load, use of air conditioning, driving patterns, and the use of other fuel consuming features. The Administrator shall use existing emissions test cycles and, or, updated adjustment factors to implement the requirements of this subsection.

(b) Deadline.--The Administrator of the Environmental Protection Agency shall promulgate a notice of proposed rulemaking by December 31, 2005, and a final rule within 18 months after the date on which the Administrator issues the notice.

(c) Report.--Three years after issuing the final rule required by subsection (b) and every 3 years thereafter the Administrator of the Environmental Protection Agency shall reconsider the fuel economy labeling procedures required under subsection (a) to determine if the changes in the factors require revisiting the process. The administrator shall report to the Senate Committee on Commerce, Science and Transportation and to the House of Representatives Committee on Energy and Commerce on the outcome of the reconsideration process.

______

SA 897. Ms. CANTWELL submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 684, between lines 5 and 6, insert the following:

SEC. 1255. SMART ENERGY DEPLOYMENT.

Not later than 1 year after the date of enactment of this Act and annually thereafter, the Secretary shall submit to Congress a report that--

(1) describes the status of the implementation by the States of the amendments made by sections 1251 and 1254;

(2) contains a list of preapproved systems and equipment eligible to meet the standards established under the amendments made by sections 1251 and 1254; and

(3) describes--

(A) the public benefits that have been derived from net metering and interconnection standards; and

(B) any barriers to further deployment of net metering and interconnection technologies.

______

SA 898. Mr. LEVIN (for himself and Ms. Stabenow) submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 523, between lines 13 and 14, insert the following:

SEC. 958. WESTERN MICHIGAN DEMONSTRATION PROJECT.

(a) In General.--Not later than 2 years after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the

``Administrator''), in consultation with the State of Michigan and affected local officials, shall conduct a demonstration project to address the effect of transported ozone and ozone precursors in southwestern Michigan.

(b) Included Areas.--The demonstration project shall address projected nonattainment areas in southwestern Michigan that include counties with design values for ozone of less than .095 based on air quality data for--

(1) the period of calendar years 2000 through 2002; or

(2) the most current 3-year period for which those data are available.

(c) Assessment.--The Administrator shall assess any difficulties an area described in subsection (b) may experience in meeting the 8-hour national ambient air quality standard for ozone under the Clean Air Act (42 U.S.C. 7401 et seq.) because of the effect of transported ozone or ozone precursors into the area.

(d) State and Local Involvement.--The Administrator shall cooperate with State and local officials to determine--

(1) the extent of ozone and ozone precursor transport described in subsection (c);

(2) to assess alternatives to achieve compliance with the 8-hour standard described in subsection (c) other than through local controls; and

(3) to determine the timeframe in which that compliance could be achieved.

(e) Nonattainment Status.--

(1) In general.--Until such date as the demonstration project under this section is complete, the Administrator shall not--

(A) designate or classify any area described in subsection

(b) as a nonattainment area under section 181 of the Clean Air Act (42 U.S.C. 7511); or

(B) impose on such an area any requirement or sanction that might otherwise apply as a result of the area being so designated or classified.

(2) Current designation.--Any designation or classification of an area described in subsection (b) as a nonattainment area that is in effect as of the date of enactment of this Act shall be of no force or effect on and after that date.

______

SA 899. Mr. ENZI submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 296, after line 25, add the following:

SEC. 34__. REINSTATEMENT OF LEASES.

Notwithstanding section 31(d)(2)(B) of the Mineral Leasing Act (30 U.S.C. 188(d)(2)(B)), the Secretary may reinstate any oil and gas lease issued under that Act that was terminated for failure of a lessee to pay the full amount of rental on or before the anniversary date of the lease, during the period beginning on September 1, 2001, and ending on the date that is 60 days after the date of enactment of this Act, if, not later than 120 days after the date of enactment of this Act, the lessee--

(1) files a petition for reinstatement of the lease;

(2) complies with the conditions of section 31(e) of the Mineral Leasing Act (30 U.S.C. 188(e)); and

(3) certifies that the lessee did not receive a notice of termination by the date that was 13 months before the date of termination.

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SA 900. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RATEPAYER PROTECTION.

(a) Study of Effects of Utility Actions to Reduce Carbon Dioxide Emissions on Disadvantaged Individuals.--

(1) Definitions.--In this subsection:

(A) Disadvantaged individual.--The term ``disadvantaged individual'' means--

(i) an individual with a disability, as defined in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);

(ii) a member of a family whose income does not exceed the poverty line, as defined in section 673 of the Community Services Block Grant Act (42 U.S.C. 9902);

(iii) an individual who belongs to a minority group;

(iv) a senior citizen; and

(v) other disadvantaged individuals.

(B) Utility.--The term ``utility'' means any for-profit organization that--

(i) provides retail customers with electricity services; and

(ii) is regulated, either by price or terms of service, by 1 or more State utility or public service commissions.

(2) Study.--Not later than 30 days after the date of enactment of this Act, the Congressional Budget Office, in consultation with other appropriate organizations, shall initiate a study to determine the effect on disadvantaged individuals of actions taken or considered, or likely to be taken or considered, by utilities to reduce the carbon dioxide emissions of the utilities.

(3) Report.--

(A) In general.--Not later than 1 year after the date of enactment of this Act, the Congressional Budget Office shall submit to Congress a report that specifically describes the results of the study, including the economic costs to disadvantaged individuals of actions by utilities intended to reduce carbon dioxide emissions.

(B) Review period.--Congress shall have 180 days after the date of receipt by Congress of the report described in subparagraph (B) to review the report.

(C) Effective date.--If the Congressional Budget Office determines that there would be an additional economic burden on any of the classes of disadvantaged individuals if the costs of actions by utilities intended to reduce carbon dioxide emissions were recovered from ratepayers, the amendment made by section 3 shall take effect on the day after the end of the review period described in subparagraph

(B).

(b) Payments to Electric Generating Units.--

(1) In general.--Beginning in calendar year 2008 and each subsequent calendar year, any electric generating unit that incurs any costs in complying with the requirements of that title shall submit to the Commissioner of the Federal Energy Regulatory Commission (referred to in this subsection as the

``Commissioner'') a statement of the total costs incurred by the electric generating unit for the calendar year.

(2) Approved costs.--The Commissioner shall--

(A) review any costs submitted under paragraph (1);

(B) approve or disapprove the submitted costs as legitimate; and

(3) Average costs.--The Commissioner shall determine--

(A) the total megawatts of electricity produced from all electric generating units for the calendar year; and

(B) the average cost per megawatt incurred in complying with any carbon reduction mandates of this Act by dividing--

(i) the total costs approved under paragraph (2)(C); by

(ii) the total megawatts determined under subparagraph (A).

(4) Payments to commissioner.--Each electric generating unit shall submit to the Commissioner a payment in an amount equal to the product obtained by multiplying--

(A) the average cost per megawatt determined by the Commissioner under paragraph (3)(B); and

(B) the total megawatts of electricity produced by the electric generating unit during a calendar year, as determined by the Commissioner.

(5) Reimbursement of costs.--The Commissioner shall provide to each electric generating unit that submitted costs under paragraph (1) that were approved under paragraph (2) an amount to reimburse the electric generating unit for any costs of complying with any carbon reduction mandates of this Act paid by the electric generating unit in excess of the amount required to be paid by the electric generating unit under paragraph (4).

(6) Regulations.--The Commissioner shall issue regulations to carry out this subsection, including provisions that establish--

(A) criteria for determining the legitimacy of costs under paragraph (2);

(B) a deadline and other appropriate conditions for payments required under paragraph (4); and

(c) Utility Actions to Reduce Carbon Dioxide Emissions.--The National Climate Program Act (15 U.S.C. 2901 et seq.) is amended by adding at the end the following:

``SEC. 9. UTILITY ACTIONS TO REDUCE CARBON DIOXIDE EMISSIONS.

``(a) Definition of Utility.--In this section, the term

`utility' means any organization that--

``(1) provides retail customers with electricity services; and

``(2) is regulated, either by price or terms of service, by 1 or more State utility or public service commissions.

``(b) Ratepayer Protections.--

``(1) In general.--No utility may recover from ratepayers any costs, expenses, fees, or other outlays incurred for the stated purpose by the utility to reduce carbon dioxide emissions.

``(2) Prohibition on certain commission actions.--No State utility commission, public service commission, or similar entity may compel ratepayers to pay the costs, expenses, fees, or other outlays incurred for the stated purpose by a utility to reduce carbon dioxide emissions.

``(c) Shareholder Obligations Unaffected.--Nothing in this section prevents the shareholders of, or other parties associated with (other than ratepayers), a utility from paying for any action by the utility to reduce carbon dioxide emissions.''.

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SA 901. Ms. SNOWE (for herself and Mr. Burns) submitted an amendment intended to be proposed by her to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 52, line 24, strike ``efficiency; and'' and all that follows through page 53, line 8 and insert the following: ``efficiency;

``(C) understanding and accessing Federal procurement opportunities with regard to Energy Star technologies and products; and

``(D) identifying financing options for energy efficiency upgrades.

``(2) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration shall--

``(A) make program information available to small business concerns directly through the district offices and resource partners of the Small Business Administration, including small business development centers, women's business centers, and the Service Corps of Retired Executives (SCORE), and through other Federal agencies, including the Federal Emergency Management Agency and the Department of Agriculture; and

``(B) coordinate assistance with the Secretary of Commerce for manufacturing-related efforts, including the Manufacturing Extension Partnership Program.

``(3) The Secretary, on a cost shared basis in cooperation with the Administrator of the Environmental Protection Agency, shall provide to the Small Business Administration all advertising, marketing, and other written materials necessary for the dissemination of information under paragraph (2).

``(4) The Secretary, the Administrator of the Environmental Protection Agency, and the Administrator of the Small Business Administration, as a part of the outreach to small business concerns regarding the Energy Star Program required by this subsection, may enter into cooperative agreements with qualified resource partners (including the National Center for Appropriate Technology) to establish, maintain, and promote a Small Business Energy Clearinghouse (in this subsection referred to as the `Clearinghouse'). The Secretary and the Administrators shall ensure that the Clearinghouse provides a centralized resource where small business concerns may access, telephonically and electronically, technical information and advice to help increase energy efficiency and reduce energy costs.

``(5) There are authorized to be appropriated such sums as may be necessary to carry out this subsection, to remain available until expended.''.

______

SA 902. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

On page 424, line 9, strike ``SEC. 711'' and insert the following:

SEC. 711. SHORT TITLE.

This subtitle may be cited as the ``Automobile Fuel Efficiency Improvements Act of 2005''.

SEC. 712. PHASED INCREASES IN FUEL ECONOMY STANDARDS.

(a) Passenger Automobiles.--

(1) Minimum standards.--Section 32902(b) of title 49, United States Code, is amended to read as follows:

``(b) Passenger Automobiles.--Except as otherwise provided under this section, the average fuel economy standard for passenger automobiles manufactured by a manufacturer in a model year--

``(1) after model year 1984 and before model year 2008 shall be 25 miles per gallon;

``(2) after model year 2007 and before model year 2011 shall be 28 miles per gallon;

``(3) after model year 2010 and before model year 2014 shall be 32 miles per gallon;

``(4) after model year 2013 and before model year 2017 shall be 36 miles per gallon; and

``(5) after model year 2016 shall be 40 miles per gallon.''.

(2) Higher standards set by regulation.--Section 32902(c) of title 49, United States Code, is amended--

(A) by striking paragraph (2); and

(B) in paragraph (1)--

(i) by striking ``Subject to paragraph (2) of this subsection, the'' and inserting ``The'';

(ii) by striking ``amending the standard'' and inserting

``increasing the standard otherwise applicable''; and

(iii) by striking ``Section 553'' and inserting the following:

``(2) Section 553''.

(b) Non-passenger Automobiles.--Section 32902(a) of title 49, United States Code, is amended--

(1) by striking ``At least 18 months before each model year,'' and inserting the following:

``(1) The average fuel economy standard applicable for automobiles (except passenger automobiles) manufactured by a manufacturer in a model year--

``(A) after model year 1984 and before model year 2008 shall be 17 miles per gallon;

``(B) after model year 2007 and before model year 2011 shall be 19 miles per gallon;

``(C) after model year 2010 and before model year 2014 shall be 21.5 miles per gallon;

``(D) after model year 2013 and before model year 2017 shall be 24.5 miles per gallon; and

``(E) after model year 2016 shall be 27.5 miles per gallon, except as provided under paragraph (2).

``(2) At least 18 months before the beginning of each model year after model year 2017,''; and

(2) by adding at the end the following:

``(3) If the Secretary does not increase the average fuel economy standard applicable under paragraph (1)(E) or (2), or applicable to any class under paragraph (2), within 24 months after the latest increase in the standard applicable under paragraph (1)(E) or (2), the Secretary, not later than 90 days after the expiration of the 24-month period, shall submit to Congress a report containing an explanation of the reasons for not increasing the standard.''.

SEC. 713. INCREASED INCLUSIVENESS OF DEFINITIONS OF

AUTOMOBILE AND PASSENGER AUTOMOBILE.

(a) Automobile.--

(1) In general.--Section 32901(a)(3) of title 49, United States Code, is amended--

(A) by striking ``6,000 pounds'' each place it appears and inserting ``12,000 pounds''; and

(B) in subparagraph (B)--

(i) by striking ``10,000 pounds'' and inserting ``14,000 pounds''; and

(ii) in clause (ii), by striking ``an average fuel economy standard'' and all that follows through ``conservation or''.

(2) Special rule.--Section 32908(a)(1) of such title is amended by striking ``8,500 pounds'' and inserting ``14,000 pounds''.

(b) Passenger Automobile.--Section 32901(a)(16) of such title is amended to read as follows:

``(16) `passenger automobile'--

``(A) means, except as provided in subparagraph (B), an automobile having a gross vehicle weight of 12,000 pounds or less that is designed to be used principally for the transportation of persons; but

``(B) does not include--

``(i) a vehicle that has a primary load carrying device or container attached;

``(ii) a vehicle that has a seating capacity of more than 12 persons;

``(iii) a vehicle that has a seating capacity of more than 9 persons behind the driver's seat; or

``(iv) a vehicle that is equipped with a cargo area of at least 6 feet in interior length that does not extend beyond the frame of the vehicle and is an open area or is designed for use as an open area but is enclosed by a cap and is not readily accessible directly from the passenger compartment.''.

(c) Applicability.--The amendments made by this section shall apply with respect to automobiles manufactured for model years beginning after the date of enactment of this Act.

SEC. 714. CIVIL PENALTIES.

(a) Increased Penalty for Violations of Fuel Economy Standards.--Section 32912(b) of title 49, United States Code, is amended--

(1) by inserting ``(1)'' before ``Except as provided'';

(2) by striking ``$5'' and inserting ``the dollar amount applicable under paragraph (2)'';

(3) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and

(4) by adding at the end the following:

``(2)(A) The dollar amount referred to in paragraph (1) is

$10, as increased from time to time under subparagraph (B).

``(B) Effective on October 1 of each year, the dollar amount applicable under subparagraph (A) shall be increased by the percentage (rounded to the nearest one-tenth of one percent) by which the price index for July of such year exceeds the price index for July of the preceding year. The amount calculated under the preceding sentence shall be rounded to the nearest $0.10.

``(C) In this paragraph, the term `price index' means the Consumer Price Index for all-urban consumers published monthly by the Department of Labor.''.

(b) Conforming Amendment.--Section 32912(c)(1) of title 49, United States Code, is amended--

(1) by striking subparagraph (B); and

(2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.

(c) Applicability.--The amendments made by subsection (a) shall apply with respect to automobiles manufactured for model years beginning after the date of enactment of this Act.

SEC. 715. STANDARDS FOR EXECUTIVE AGENCY AUTOMOBILES.

Section 32917 of title 49, United States Code, is amended--

(1) in subsection (b)--

(A) by amending paragraph (1) to read as follows:

``(1) The President shall prescribe regulations that require automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year to achieve--

``(A) in the case of non-passenger automobiles, a fleet average fuel economy for that year of at least the average fuel economy standard applicable under section 32902(a) of this title for the model year that includes January 1 of that fiscal year; and

``(B) in the case of passenger automobiles, a fleet average fuel economy for that year of at least the average fuel economy standard applicable under subsection (b) or (c) of section 32902 of this title for such model year.'';

(B) in paragraph (2)--

(i) by striking ``Fleet average fuel economy is--'' and inserting ``For the purposes of paragraph (1), the fleet average fuel economy of non-passenger or passenger automobiles in a fiscal year is--'';

(ii) in subparagraph (A), by striking ``passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a'' and inserting ``the non-passenger automobiles or passenger automobiles, respectively, that are leased for at least 60 consecutive days or bought by executive agencies in such''; and

(iii) in subparagraph (B), by inserting ``such'' after

``the number of''; and

(2) by adding at the end the following:

``(c) Minimum Number of Exceptionally Fuel-Efficient Vehicles.--The President shall prescribe regulations that require that--

``(1) at least 20 percent of the passenger automobiles leased for at least 60 consecutive days or bought by executive agencies in a fiscal year have a vehicle fuel economy rating that is at least 5 miles per gallon higher than the average fuel economy standard applicable to the automobile under subsection (b) or (c) of section 32902 of this title for the model year that includes January 1 of that fiscal year; and

``(2) beginning in fiscal year 2011, at least 10,000 vehicles in the fleet of automobiles used by executive agencies in a fiscal year have a vehicle fuel economy that is at least 5 miles per gallon higher than the average fuel economy standards applicable to such automobiles under section 32902 of this title for the model year that includes January 1 of that fiscal year.''.

SEC. 716.

______

SA 903. Mr. DURBIN submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

Beginning on page, 469, strike line 10 and all that follows through page 470, line 20, and insert the following:

(d) Industry Alliance.--Not later than 90 days after the date of enactment of this Act, the Secretary shall competitively select an Industry Alliance to represent participants who are private, for-profit firms representing large and small businesses that, as a group, are broadly representative of United States solid state lighting research, development, infrastructure, and manufacturing expertise as a whole.

(e) Research.--

(1) Grants.--The Secretary shall carry out the research activities of the Initiative through competitively awarded grants to--

(A) researchers, including Industry Alliance participants;

(B) small businesses;

(D) institutions of higher education.

(2) Industry alliance.--The Secretary shall annually solicit from the Industry Alliance--

(A) comments to identify solid-state lighting technology needs;

(B) an assessment of the progress of the research activities of the Initiative; and

(3) Availability to public.--The information and roadmaps under paragraph (2) shall be available to the public.

(f) Development, Demonstration, and Commercial Application.--

(1) In general.--The Secretary shall carry out a development, demonstration, and commercial application program for the Initiative through competitively selected awards.

(2) Preference.--In making the awards, the Secretary may give preference to participants in the Industry Alliance, including making at least 1 award to a small business entity.

______

SA 904. Mr. ALEXANDER submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. RENEWABLE ENERGY EQUIPMENT CREDIT.

(a) In General.--Section 25D of the Internal Revenue Code of 1986, as added by section 1527 of this Act, is amended to read as follows:

``SEC. 25D. RENEWABLE ENERGY EQUIPMENT CREDITS.

``(a) Allowance of Credit.--In the case of an individual, there shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 30 percent of so much of the qualified photovoltaic property expenditures or qualified solar heating property expenditures made by the taxpayer during such year as do not exceed

$7,500.

``(b) Definitions.--For purposes of this section--

``(1) Property expenditure.--

``(A) In general.--The term `property expenditure' means any expenditure for a property.

``(B) Inclusions.--

``(i) Labor costs.--The term `property expenditure' includes the cost of any labor that is properly allocable to the onsite preparation, assembly, or original installation of the property described in paragraph (2) or (3), including the cost of piping or wiring to interconnect such property to the dwelling unit.

``(ii) Solar panels.--No expenditure relating to a solar panel or other property installed as a roof (or portion thereof) shall fail to be treated as a property expenditure solely because it constitutes a structural component of the structure on which it is installed.

``(2) Qualified photovoltaic property expenditure.--The term `qualified photovoltaic property expenditure' means any property expenditure for property which uses solar energy to generate electricity for use in a dwelling unit through the photovoltaic effect.

``(3) Qualified solar heating property expenditure.--

``(A) In general.--The term `qualified solar heating property expenditure' means any property expenditure for property which uses solar energy to heat or cool (or provide hot water for use in) a dwelling unit.

``(B) Exclusion.--The term `qualified solar heating property expenditure' does not include an expenditure for property which uses solar energy to heat or cool a swimming pool.

``(c) Special Rules.--

``(1) Joint occupancy.--In the case of any dwelling unit which is jointly occupied and used during any calendar year as a residence by 2 or more individuals, the following shall apply separately with respect to qualified solar heating property expenditures and qualified photovoltaic property expenditures:

``(A) The amount of the credit allowable under subsection

(a) by reason of expenditures made during such calendar year by any of such individuals with respect to such dwelling unit shall be determined by treating all of such individuals as 1 taxpayer whose taxable year is such calendar year.

``(B) There shall be allowable with respect to such expenditures to each of such individuals, a credit under subsection (a) for the taxable year in which such calendar year ends in an amount which bears the same ratio to the amount determined under subparagraph (A) as the amount of such expenditures made by such individual during such calendar year bears to the aggregate of such expenditures made by all of such individuals during such calendar year.

``(2) Tenant-stockholder in cooperative housing corporation.--In the case of an individual who is a tenant-stockholder (as defined in section 216) in a cooperative housing corporation (as defined in that section), the individual shall be treated as having made such individual's tenant-stockholder's proportionate share (as defined in section 216(b)(3)) of any expenditures of such corporation.

``(3) Condominiums.--

``(A) In general.--In the case of an individual who is a member of a condominium management association with respect to a condominium which such individual owns, such individual shall be treated as having made such individual's proportionate share of any expenditures of such association.

``(B) Management association.--For purposes of this paragraph, the term `condominium management association' means an organization which meets the requirements of paragraph (1) of section 528(c) (other than subparagraph (E) thereof) with respect to a condominium project substantially all of the units of which are used as residences.

``(4) Amount of expenditure.--

``(A) In general.--Except as provided in subparagraph (B), an expenditure with respect to an item shall be treated as made when the original installation of the item is completed.

``(B) Expenditures in connection with building construction.--In the case of an expenditure in connection with the construction or reconstruction of a structure, such expenditure shall be treated as made when the original use of the constructed or reconstructed structure by the taxpayer begins.

``(C) Amount.--

``(i) In general.--The amount of any expenditure shall be the cost of the expenditure.

``(ii) Subsidized energy financing.--For purposes of determining the amount of expenditures, there shall not be taken into account expenditures which are made from subsidized energy financing (as defined in section 48(a)(5)(A)).

``(d) Basis Adjustments.--For purposes of this subtitle, if a credit is allowed under this section for any expenditure with respect to any property, the increase in the basis of such property which would (but for this subsection) result from such expenditure shall be reduced by the amount of the credit so allowed.

``(e) Limitations.--No credit shall be allowed under this section for an item of property unless--

``(1) in the case of solar heating property, the property meets all applicable health and safety standards and requirements imposed by any State or local permitting authority, and

``(2) in the case of a photovoltaic property, the property meets all appropriate fire and electric code requirements.

``(f) Termination.--This section shall not apply to expenditures made after December 31, 2010.''.

(b) Production Tax Credit for Utility-Scale Solar.--Paragraph (4) of section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities) is amended to read as follows:

``(4) Geothermal or solar energy facility.--In the case of a facility using geothermal or solar energy to produce electricity, the term `qualified facility' means any facility owned by the taxpayer which is originally placed in service after December 31, 2005, and before December 31, 2010.''.

(1) Section 1016(a)(36) of the Internal revenue Code of 1986, as added by section 1527 of this Act, is amended to read as follows:

``(36) to the extent provided in section 25D(d), in the case of amounts with respect to which a credit has been allowed under section 25D.''.

(2) The item relating to section 25D in the table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code, as added by section 1527 of this Act, is amended to read as follows:

``Sec. 25D. Renewable energy equipment credits.''.

(d) Effective Date.--The amendments made by this section

(other than subsection (e)) shall apply to property placed in service after December 31, 2005, in taxable years ending after such date.

(e) Reduction in Period By Which Renewable Energy Production Credit Extended.--Section 45(d) of the Internal Revenue Code of 1986 (relating to qualified facilities), as amended by section 1501, is amended by striking ``2009'' each place it appears in paragraphs (1) through (7) and inserting

``2008''.

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SA 905. Mr. ALEXANDER submitted an amendment intended to be proposed by him to the bill H.R. 6, to ensure jobs for our future with secure, affordable, and reliable energy; which was ordered to lie on the table; as follows: