An amendment numbered 1 printed in House Report 109-49 to make various technical and conforming changes.
What it does: 26 changes: replaces text in 10 places, strikes 5 provisions, renumbers 5 times, rewrites 3 provisions, adds a section, strikes text, inserts textDescription
Amendment consists of the text of the amendment contained in House Report 109-49 and numbered 1 which is printed on pages H2321-H2324 in the Congressional Record for April 20, 2005.
What it changes
26 changes to H.R. 6
We couldn't match these changes to the text of H.R. 6, so they're shown as written.
We couldn't read part of this amendment. That part is shown as written below.
Change 1: Replaces “Section 801(a)” at the section 105(a)(1) with “Section 801(a)(2)”
Replaces[struck: Section 801(a)][inserted: Section 801(a)(2)]Original wording
In section 105(a)(1), strike “Section 801(a)” and insert “Section 801(a)(2)”.
Change 2: Replaces “(42 U.S.C. 8287(a))” at the section 105(a)(1) with “(42 U.S.C. 8287(a)(2))”
Replaces[struck: (42 U.S.C. 8287(a))][inserted: (42 U.S.C. 8287(a)(2))]Original wording
In section 105(a)(1), strike “(42 U.S.C. 8287(a))” and insert “(42 U.S.C. 8287(a)(2))”.
Change 3: Strikes section 105(c)(d)(e)(f)(g)
StrikesRemoves section 105(c)(d)(e)(f)(g).
Original wording
In section 105, strike subsections (c), (d), (e), (f), and (g)
Change 4: Renumbers subsection (h) as (c)
RenumbersSection 105(c)(d)(e)(f)(g)Original wording
redesignate subsection (h) as subsection (c).
Change 5: Replaces “Section 327” at the section 136 with “Effective 3 years after the date of enactment of this Act, section 327”
Replaces[struck: Section 327][inserted: Effective 3 years after the date of enactment of this Act, section 327]Original wording
In section 136, strike “Section 327” and insert “Effective 3 years after the date of enactment of this Act, section 327”.
Change 6: Rewrites section 148(1)(B)
ReplacesRemoves section 148(1)(B).
Inserted: (B) in paragraph (2), by inserting ", and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation Code" after "90.1-1989')";
Original wording
In section 148 of the bill, strike subparagraph (B) of paragraph (1) and insert the following:
Change 7: Replaces “Part 4 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8271 et seq.)” at the section 205(a) with “Subchapter VI of chapter 31 of title 40, United States Code,”
Replaces[struck: Part 4 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8271 et seq.)][inserted: Subchapter VI of chapter 31 of title 40, United States Code,]Original wording
In section 205(a), strike “Part 4 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8271 et seq.)” and insert “Subchapter VI of chapter 31 of title 40, United States Code,”.
Change 8: Strikes section 206
StrikesRemoves section 206.
Original wording
Strike section 206 (and amend the table of contents accordingly).
Change 9: Strikes section 244
StrikesRemoves section 244.
Original wording
Strike section 244 (and amend the table of contents accordingly).
Change 10: Strikes section 245
StrikesRemoves section 245.
Original wording
Strike section 245 (and amend the table of contents accordingly).
Change 11: Adds SEC. 332. NATURAL GAS MARKET REFORM after section 330 of title III
Adds a sectionInserted: SEC. 332. NATURAL GAS MARKET REFORM.
Inserted: (a) Clarification of Existing CFTC Authority.--
Inserted: (1) False reporting.--Section 9(a)(2) of the Commodity Exchange Act (7 U.S.C. 13(a)(2)) is amended by striking "false or misleading or knowingly inaccurate reports" and inserting "knowingly false or knowingly misleading or knowingly inaccurate reports".
Inserted: (2) Commission administrative and civil authority.--Section 9 of the Commodity Exchange Act (7 U.S.C. 13) is amended by redesignating subsection (f) as subsection (e), and adding:
Inserted: "(f) Commission Administrative and Civil Authority.--The Commission may bring administrative or civil actions as provided in this Act against any person for a violation of any provision of this section including, but not limited to, false reporting under subsection (a)(2).".
Inserted: (3) Effect of amendments.--The amendments made by paragraphs (1) and (2) restate, without substantive change, existing burden of proof provisions and existing Commission civil enforcement authority, respectively. These clarifying changes do not alter any existing burden of proof or grant any new statutory authority. The provisions of this section, as restated herein, continue to apply to any action pending on or commenced after the date of enactment of this Act for any act, omission, or violation occurring before, on, or after, such date of enactment.
Inserted: (b) Fraud Authority.--Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is amended--
Inserted: (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
Inserted: (2) by striking subsection (a) and inserting the following:
Inserted: "(a) It shall be unlawful--
Inserted: "(1) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery or in interstate commerce, that is made, or to be made, on or subject to the rules of a designated contract market, for or on behalf of any other person; or
Inserted: "(2) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery, or other agreement, contract, or transaction subject to section 5a(g) (1) and (2) of this Act, that is made, or to be made, for or on behalf of, or with, any other person, other than on or subject to the rules of a designated contract market--
Show 14 more inserted paragraphsShow less
Inserted: "(A) to cheat or defraud or attempt to cheat or defraud such other person;
Inserted: "(B) willfully to make or cause to be made to such other person any false report or statement or willfully to enter or cause to be entered for such other person any false record;
Inserted: "(C) willfully to deceive or attempt to deceive such other person by any means whatsoever in regard to any order or contract or the disposition or execution of any order or contract, or in regard to any act of agency performed, with respect to any order or contract for or, in the case of subsection (a)(2), with such other person; or
Inserted: "(D)(i) to bucket an order if such order is either represented by such person as an order to be executed, or required to be executed, on or subject to the rules of a designated contract market; or
Inserted: "(ii) to fill an order by offset against the order or orders of any other person, or willfully and knowingly and without the prior consent of such other person to become the buyer in respect to any selling order of such other person, or become the seller in respect to any buying order of such other person, if such order is either represented by such person as an order to be executed, or required to be executed, on or subject to the rules of a designated contract market.
Inserted: "(b) Subsection (a)(2) shall not obligate any person, in connection with a transaction in a contract of sale of a commodity for future delivery, or other agreement, contract or transaction subject to section 5a(g) (1) and (2) of this Act, with another person, to disclose to such other person nonpublic information that may be material to the market price of such commodity or transaction, except as necessary to make any statement made to such other person in connection with such transaction, not misleading in any material respect.".
Inserted: (c) Jurisdiction of the CFTC.--The Natural Gas Act (15 U.S.C. 717 et seq.) is amended by adding at the end:
Inserted: "SEC. 26. JURISDICTION.
Inserted: "This Act shall not affect the exclusive jurisdiction of the Commodity Futures Trading Commission with respect to accounts, agreements, contracts, or transactions in commodities under the Commodity Exchange Act (7 U.S.C. 1 et seq.). Any request for information by the Commission to a designated contract market, registered derivatives transaction execution facility, board of trade, exchange, or market involving accounts, agreements, contracts, or transactions in commodities (including natural gas, electricity, and other energy commodities) within the exclusive jurisdiction of the Commodity Futures Trading Commission shall be directed to the Commodity Futures Trading Commission, which shall cooperate in responding to any information request by the Commission.".
Inserted: (d) Increased Penalties.--Section 21 of the Natural Gas Act (15 U.S.C. 717t) is amended--
Inserted: (1) in subsection (a)--
Inserted: (A) by striking "$5,000" and inserting "$1,000,000"; and
Inserted: (B) by striking "two years" and inserting "5 years"; and
Inserted: (2) in subsection (b), by striking "$500" and inserting "$50,000".
Original wording
In title III, after section 330, insert the following new section (and amend the table of contents accordingly):
Change 12: Replaces “Section 3110” at the section 640 with “Section 3110(a)”
Replaces[struck: Section 3110][inserted: Section 3110(a)]Original wording
In section 640, strike “Section 3110” and insert “Section 3110(a)”.
Change 13: Strikes “, scooters,” at the section 722(b)(1)(B)
StrikesStruck: , scooters,
Original wording
In section 722(b)(1)(B), strike “, scooters,”.
Change 14: Rewrites section 753 of title VII
ReplacesRemoves section 753 of title VII.
Inserted: SEC. 753. AVIATION FUEL CONSERVATION AND EMISSIONS.
Inserted: (a) In General.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall jointly initiate a study to identify--
Inserted: (1) the impact of aircraft emissions on air quality in nonattainment areas;
Inserted: (2) ways to promote fuel conservation measures for aviation to enhance fuel efficiency and reduce emissions; and
Inserted: (3) opportunities to reduce air traffic inefficiencies that increase fuel burn and emissions.
Inserted: (b) Focus.--The study under subsection (a) shall focus on how air traffic management inefficiencies, such as aircraft idling at airports, result in unnecessary fuel burn and air emissions.
Inserted: (c) Report.--Not later than 1 year after the date of the initiation of the study under subsection (a), the Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall jointly submit to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate a report that--
Inserted: (1) describes the results of the study; and
Inserted: (2) includes any recommendations on ways in which unnecessary fuel use and emissions affecting air quality may be reduced--
Inserted: (A) without adversely affecting safety and security and increasing individual aircraft noise; and
Inserted: (B) while taking into account all aircraft emissions and the impact of those emissions on the human health.
Inserted: (d) Risk Assessments.--Any assessment of risk to human health and the environment prepared by the Administrator of the Federal Aviation Administration or the Administrator of the Environmental Protection Agency to support the report in this section shall be based on sound and objective scientific practices, shall consider the best available science, and shall present the weight of the scientific evidence concerning such risks.
Show 101 more inserted paragraphsShow less
Inserted: In title VII, amend section 756 to read as follows:
Inserted: SEC. 756. REDUCTION OF ENGINE IDLING OF HEAVY-DUTY VEHICLES.
Inserted: (a) Definitions.--In this section:
Inserted: (1) Administrator.--The term "Administrator" means the Administrator of the Environmental Protection Agency.
Inserted: (2) Advanced truck stop electrification system.--The term "advanced truck stop electrification system" means a stationary system that delivers heat, air conditioning, electricity, or communications, and is capable of providing verifiable and auditable evidence of use of those services, to a heavy-duty vehicle and any occupants of the heavy-duty vehicle with or without relying on components mounted onboard the heavy-duty vehicle for delivery of those services.
Inserted: (3) Auxiliary power unit.--The term "auxiliary power unit" means an integrated system that--
Inserted: (A) provides heat, air conditioning, engine warming, or electricity to components on a heavy-duty vehicle; and
Inserted: (B) is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards.
Inserted: (4) Heavy-duty vehicle.--The term "heavy-duty vehicle" means a vehicle that--
Inserted: (A) has a gross vehicle weight rating greater than 8,500 pounds; and
Inserted: (B) is powered by a diesel engine.
Inserted: (5) Idle reduction technology.--The term "idle reduction technology" means an advanced truck stop electrification system, auxiliary power unit, or other device or system of devices that--
Inserted: (A) is used to reduce long-duration idling of a heavy-duty vehicle; and
Inserted: (B) allows for the main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle to be shut down.
Inserted: (6) Energy conservation technology.--the term "energy conservation technology" means any device, system of devices, or equipment that improves the fuel economy of a heavy-duty vehicle.
Inserted: (7) Long-duration idling.--
Inserted: (A) In general.--The term "long-duration idling" means the operation of a main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle, for a period greater than 15 consecutive minutes, at a time at which the main drive engine is not engaged in gear.
Inserted: (B) Exclusions.--The term "long-duration idling" does not include the operation of a main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle during a routine stoppage associated with traffic movement or congestion.
Inserted: (b) Idle Reduction Technology Benefits, Programs, and Studies.--
Inserted: (1) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall--
Inserted: (A)(i) commence a review of the mobile source air emission models of the Environmental Protection Agency used under the Clean Air Act (42 U.S.C. 7401 et seq.) to determine whether the models accurately reflect the emissions resulting from long-duration idling of heavy-duty vehicles and other vehicles and engines; and
Inserted: (ii) update those models as the Administrator determines to be appropriate; and
Inserted: (B)(i) commence a review of the emission reductions achieved by the use of idle reduction technology; and
Inserted: (ii) complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate.
Inserted: (2) Deadline for completion.--Not later than 180 days after the date of enactment of this Act, the Administrator shall--
Inserted: (A) complete the reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1); and
Inserted: (B) prepare and make publicly available 1 or more reports on the results of the reviews.
Inserted: (3) Discretionary inclusions.--The reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1) and the reports under paragraph (2)(B) may address the potential fuel savings resulting from use of idle reduction technology.
Inserted: (4) Idle reduction and energy conservation deployment program.--
Inserted: (A) Establishment.--
Inserted: (i) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation shall, through the Environmental Protection Agency's SmartWay Transport Partnership, establish a program to support deployment of idle reduction and energy conservation technologies .
Inserted: (ii) Priority.--The Administrator shall give priority to the deployment of idle reduction and energy conservation technologies based on the costs and beneficial effects on air quality and ability to lessen the emission of criteria air pollutants.
Inserted: (B) Funding.--
Inserted: (i) Authorization of appropriations.--There are authorized to be appropriated to the Administrator to carry out subparagraph (A) $19,500,000 for fiscal year 2006, $30,000,000 for fiscal year 2007, and $45,000,000 for fiscal year 2008.
Inserted: (ii) Cost sharing.--Subject to clause (iii), the Administrator shall require at least 50 percent of the costs directly and specifically related to any project under this section to be provided from non-Federal sources.
Inserted: (iii) Necessary and appropriate reductions.--The Administrator may reduce the non-Federal requirement under clause (ii) if the Administrator determines that the reduction is necessary and appropriate to meet the objectives of this section.
Inserted: (5) Idling location study.--
Inserted: (A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation, shall commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling, including--
Inserted: (i) truck stops;
Inserted: (ii) rest areas;
Inserted: (iii) border crossings;
Inserted: (iv) ports;
Inserted: (v) transfer facilities; and
Inserted: (vi) private terminals.
Inserted: (B) Deadline for completion.--Not later than 180 days after the date of enactment of this Act, the Administrator shall--
Inserted: (i) complete the study under subparagraph (A); and
Inserted: (ii) prepare and make publicly available 1 or more reports of the results of the study.
Inserted: (c) Vehicle Weight Exemption.--Section 127(a) of title 23, United States Code, is amended--
Inserted: (1) by designating the first through eleventh sentences as paragraphs (1) through (11), respectively; and
Inserted: (2) by adding at the end the following:
Inserted: "(12) Heavy duty vehicles.--
Inserted: "(A) In general.--Subject to subparagraphs (B) and (C), in order to promote reduction of fuel use and emissions because of engine idling, the maximum gross vehicle weight limit and the axle weight limit for any heavy-duty vehicle equipped with an idle reduction technology shall be increased by a quantity necessary to compensate for the additional weight of the idle reduction system.
Inserted: "(B) Maximum weight increase.--The weight increase under subparagraph (A) shall be not greater than 400 pounds.
Inserted: "(C) Proof.--On request by a regulatory agency or law enforcement agency, the vehicle operator shall provide proof (through demonstration or certification) that--
Inserted: "(i) the idle reduction technology is fully functional at all times; and
Inserted: "(ii) the 400-pound gross weight increase is not used for any purpose other than the use of idle reduction technology described in subparagraph (A).".
Inserted: (d) Report.--Not later than 60 days after the date on which funds are initially awarded under this section, and on an annual basis thereafter, the Administrator shall submit to Congress a report containing--
Inserted: (1) an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and
Inserted: (2) an identification of all other applicants that submitted applications under the program.
Inserted: In title VIII, after section 810, insert the following and make the necessary conforming changes in the table of contents:
Inserted: SEC. 811. HYDROGEN FUEL CELL BUSES.
Inserted: The Secretary of Energy, through the advanced vehicle technologies program, in coordination with the Secretary of Transportation, shall advance the development of fuel cell bus technologies by providing funding for 4 demonstration sites that--
Inserted: (1) have or will soon have hydrogen infrastructure for fuel cell bus operation; and
Inserted: (2) are operated by entities with experience in the development of fuel cell bus technologies, to enable the widespread utilization of fuel cell buses.
Inserted: Such demonstrations shall address the reliability of fuel cell heavy-duty vehicles, expense, infrastructure, containment, storage, safety, training, and other issues.
Inserted: In title IX, subtitle F, chapter 1, add at the end the following new sections:
Inserted: SEC. 968A. WESTERN MICHIGAN DEMONSTRATION PROJECT.
Inserted: The Administrator of the Environmental Protection Agency, 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. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8 hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8 hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after the date of enactment of this section and shall not impose any requirement or sanction that might otherwise apply during the pendency of the demonstration project.
Inserted: SEC. 968B. WESTERN HEMISPHERE ENERGY COOPERATION.
Inserted: (a) Program.--The Secretary shall carry out a program to promote cooperation on energy issues with Western Hemisphere countries.
Inserted: (b) Activities.--Under the program, the Secretary shall fund activities to work with Western Hemisphere countries to--
Inserted: (1) assist the countries in formulating and adopting changes in economic policies and other policies to--
Inserted: (A) increase the production of energy supplies; and
Inserted: (B) improve energy efficiency; and
Inserted: (2) assist in the development and transfer of energy supply and efficiency technologies that would have a beneficial impact on world energy markets.
Inserted: (c) University Participation.--To the extent practicable, the Secretary shall carry out the program under this section with the participation of universities so as to take advantage of the acceptance of universities by Western Hemisphere countries as sources of unbiased technical and policy expertise when assisting the Secretary in--
Inserted: (1) evaluating new technologies;
Inserted: (2) resolving technical issues;
Inserted: (3) working with those countries in the development of new policies; and
Inserted: (4) training policymakers, particularly in the case of universities that involve the participation of minority students, such as Hispanic-serving institutions and Historically Black Colleges and Universities.
Inserted: (d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section--
Inserted: (1) $8,000,000 for fiscal year 2006;
Inserted: (2) $10,000,000 for fiscal year 2007;
Inserted: (3) $13,000,000 for fiscal year 2008;
Inserted: (4) $16,000,000 for fiscal year 2009; and
Inserted: (5) $19,000,000 for fiscal year 2010.
Inserted: SEC. 968C. ARCTIC ENGINEERING RESEARCH CENTER.
Inserted: (a) In General.--The Secretary of Energy (referred to in this section as the "Secretary") in consultation with the Secretary of Transportation and the United States Arctic Research Commission shall provide annual grants to a university located adjacent to the Arctic Energy Office of the Department of Energy, to establish and operate a university research center to be headquartered in Fairbanks and to be known as the "Arctic Engineering Research Center" (referred to in this section as the "Center").
Inserted: (b) Purpose.--The purpose of the Center shall be to conduct research on, and develop improved methods of, construction and use of materials to improve the overall performance of roads, bridges, residential, commercial, and industrial structures, and other infrastructure in the Arctic region, with an emphasis on developing--
Inserted: (1) new construction techniques for roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure that are capable of withstanding the Arctic environment and using limited energy resources as efficiently as possible;
Inserted: (2) technologies and procedures for increasing road, bridge, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure safety, reliability, and integrity in the Arctic region;
Inserted: (3) new materials and improving the performance and energy efficiency of existing materials for the construction of roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure in the Arctic region; and
Inserted: (4) recommendations for new local, regional, and State permitting and building codes to ensure transportation and building safety and efficient energy use when constructing, using, and occupying such infrastructure in the Arctic region.
Inserted: (c) Objectives.--The Center shall carry out--
Inserted: (1) basic and applied research in the subjects described in subsection (b), the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in road, bridge, rail, and infrastructure engineering in the Arctic region; and
Inserted: (2) an ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented.
Inserted: (d) Amount of Grant.--For each of fiscal years 2006 through 2011, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in subsection (a) to carry out this section.
Inserted: (e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2011.
Inserted: SEC. 968D. BARROW GEOPHYSICAL RESEARCH FACILITY.
Inserted: (a) Establishment.--The Secretary of Commerce, in consultation with the Secretaries of Energy and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency, shall establish a joint research facility in Barrow, Alaska, to be known as the "Barrow Geophysical Research Facility", to support scientific research activities in the Arctic.
Inserted: (b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretaries of Commerce, Energy, and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency for the planning, design, construction, and support of the Barrow Geophysical Research Facility $61,000,000.
Original wording
In title VII, amend section 753 to read as follows:
Change 15: Rewrites section 970(d)(3)
ReplacesRemoves section 970(d)(3).
Inserted: (3) Requirement of section 501(c)(3) status.--The Secretary shall not select a consortium under this section unless such consortium is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under such section 501(a) of such Code.
Original wording
In section 970(d), amend paragraph (3) to read as follows:
Change 16: Replaces “112(d) f” at the section 1254(b)(2) with “112(d) of”
Replaces[struck: 112(d) f][inserted: 112(d) of]Original wording
In section 1254(b)(2), strike “112(d) f” and insert “112(d) of”.
Change 17: Replaces “No later” at the section 1505(b) with “After completion of the review under subsection (a) and no later”
Replaces[struck: No later][inserted: After completion of the review under subsection (a) and no later]Original wording
In section 1505(b), strike “No later” and insert “After completion of the review under subsection (a) and no later”.
Change 18: Replaces “2007” at the section 1510(b)(1) with “2009”
Replaces[struck: 2007][inserted: 2009]Original wording
In section 1510(b)(1), strike “2007” and insert “2009”.
Change 19: Replaces “preserves air quality standards” at the section 1541(c)(2) with “addresses air quality requirements”
Replaces[struck: preserves air quality standards][inserted: addresses air quality requirements]Original wording
In section 1541(c)(2), strike “preserves air quality standards” and insert “addresses air quality requirements”.
Change 20: Replaces “that results” at the section 1541(c)(2) with “including that which has resulted”
Replaces[struck: that results][inserted: including that which has resulted]Original wording
In section 1541(c)(2), strike “that results” and insert “including that which has resulted”.
Change 21: Inserts new text at the section 1541(c)
InsertsOriginal wording
In section 1541(c), insert the following
Change 22: Strikes section 2026
StrikesRemoves section 2026.
Original wording
Strike section 2026 (and amend the table of contents accordingly).
Change 23: Renumbers title (XXV) as (XXIV)
RenumbersWherever the words appearOriginal wording
Redesignate title XXV as title XXIV
Change 24: Renumbers sections (2501) through (2506) as (2401) through (2406)
RenumbersWherever the words appearOriginal wording
redesignate sections 2501 through 2506 as sections 2401 through 2406, respectively (and amend the table of contents accordingly).
Change 25: Renumbers section (2601) as (2055)
RenumbersWherever the words appearOriginal wording
Redesignate section 2601 as section 2055
Change 26: Renumbers section (2602) as (112)
RenumbersWherever the words appearOriginal wording
Redesignate section 2602 as section 112
Shown as written
In the item in the table of contents relating to section 142, strike “cdbg” and insert “CDBG”.
In section 105(a)(1), in the proposed subparagraph (E), insert “and report to the Office of Management and Budget” after “shall meet monthly”.
In section 105(a)(1), in the proposed subparagraph (E), insert “No Federal agency shall enter into a contract under this title unless the Office of Management and Budget has approved such contract.” after “contracts are not exceeded.”.
In section 133(b), in the proposed subsection (f), strike “for suspended ceiling fans,”; and strike the last sentence.
In section 133(c), in the proposed subsection (v), strike “Suspended Ceiling Fans, Vending Machines,” and insert “Vending Machines” in the subsection heading.
In section 133(c), in the proposed subsection (v), strike “suspended ceiling fans, refrigerated bottled or canned beverage vending machines,” and insert “refrigerated bottled or canned beverage vending machines”.
In section 136, redesignate the proposed subsection (h) as subsection (i).
In section 136, in the proposed subsection (i)(1) (as so redesignated by the preceding amendment), strike “or revised” both places it appears.
In section 148 of the bill, strike subparagraph (B) of paragraph (2) and all that follows through the end of paragraph (3) and insert the following:
In section 205(a), in the proposed section 570(a)(1), strike “Secretary” and insert “Administrator of General Services”.
In section 205(a), in the proposed section 570(a)(4), strike “Secretary” and insert “Administrator”.
In section 205(a), in the proposed section 570(b)(1), strike “Secretary” and insert “Administrator”.
In section 205(a), in the proposed section 570(b)(2), strike “Secretary” and insert “Administrator”.
In section 205(a), at the beginning of the quoted material, strike “sec. 570.” and insert “Sec. 3177.”.
In section 441(a), in the proposed section 3105(b)(1), insert “or equal to” after “projects less than”.
In section 640, in the proposed paragraph (8), strike “Not later than” and insert “To the extent appropriations are provided in advance for this purpose or are otherwise available, not later than”.
In section 663, at the beginning of the quoted material, strike “(z)” and insert “z.”.
In section 663, in the proposed subsection z.(1), strike “section 922(o), (v), and (w)” and insert “section 922(a)(4) and (o)”.
In section 663, in the proposed subsection z.(2)(A), strike “, (o), (v), and (w)” and insert “and (o)”.
In section 1236, adding a new section 217 to the Federal Power Act, insert a period before the final closing quotation marks.
In section 1252(a) and in section 1252(b), strike “Public Utilities” and insert “Public Utility”.
In section 1254(b)(1), in the amendment to section 112(b) of the Public Utility Regulatory Policies Act of 1978, strike “(3)(A)” and insert “(5)(A)”.
In title XII, in section 1274(a), after “for” strike “section” and insert “sections 1269 (relating to effect on other regulations), 1270 (relating to enforcement), 1271 (relating to savings provisions), and”.
In section 1443, in the amendment adding subsection (d) to section 181 of the Clean Air Act, in paragraph (4), strike “If, no more than 18 months prior to the date of enactment of this subsection” and insert “If, after April 1, 2003” and strike “within 12 months after the date of enactment of this subsection”.
In section 1510, in subparagraph (G) of subsection (a)(2), after “vehicle emission systems,” insert “on-road and off-road diesel rules,” and after “imposed by” insert “the Federal Government,”.
In title XV, in section 1530, in subsection (a) adding a new subsection (i) to section 9003 of the Solid Waste Disposal Act, strike subparagraph (G) of paragraph (1) of such new subsection (i) and insert a period at the end of subsection (b).
new paragraph after paragraph (2) and redesignate the following paragraphs accordingly: (3) Conduct of study.--In carrying out their joint duties under this section, the Administrator and the Secretary shall use sound science and objective science practices, shall consider the best available science, shall use data collected by accepted means and shall consider and include a description of the weight of the scientific evidence. The Administrator and the Secretary shall coordinate the study required by this section with other studies required by the act and shall endeavor to avoid duplication of effort with regard to such studies.
In section 1541(c)(4) (as redesignated by the preceding amendment), strike the sentence beginning with “The Administrator shall use sound”.
In the heading of title XXI, insert “--RESOURCES” at the end (and amend the table of contents accordingly).
and move it to the end of subtitle D of title XX.
and move it to the end of subtitle A of title I.
Strike the remainder of title XXVI.
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
In the item in the table of contents relating to section 142, strike “cdbg” and insert “CDBG”.
In section 105(a)(1), strike “Section 801(a)” and insert “Section 801(a)(2)”.
In section 105(a)(1), strike “(42 U.S.C. 8287(a))” and insert “(42 U.S.C. 8287(a)(2))”.
In section 105(a)(1), in the proposed subparagraph (E), insert “and report to the Office of Management and Budget” after “shall meet monthly”.
In section 105(a)(1), in the proposed subparagraph (E), insert “No Federal agency shall enter into a contract under this title unless the Office of Management and Budget has approved such contract.” after “contracts are not exceeded.”.
In section 105, strike subsections (c), (d), (e), (f), and (g), and redesignate subsection (h) as subsection (c).
In section 133(b), in the proposed subsection (f), strike “for suspended ceiling fans,”; and strike the last sentence.
In section 133(c), in the proposed subsection (v), strike “Suspended Ceiling Fans, Vending Machines,” and insert “Vending Machines” in the subsection heading.
In section 133(c), in the proposed subsection (v), strike “suspended ceiling fans, refrigerated bottled or canned beverage vending machines,” and insert “refrigerated bottled or canned beverage vending machines”.
In section 136, strike “Section 327” and insert “Effective 3 years after the date of enactment of this Act, section 327”.
In section 136, redesignate the proposed subsection (h) as subsection (i).
In section 136, in the proposed subsection (i)(1) (as so redesignated by the preceding amendment), strike “or revised” both places it appears.
In section 148 of the bill, strike subparagraph (B) of paragraph (1) and insert the following:
(B) in paragraph (2), by inserting “, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation Code” after “90.1-1989')”;
In section 148 of the bill, strike subparagraph (B) of paragraph (2) and all that follows through the end of paragraph (3) and insert the following:
(B) by inserting “, and, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation Code” before the period at the end; and
(3) in subsection (c)--
(A) in the heading, by inserting “and the International Energy Conservation Code” after “Model Energy Code”; and
(B) by inserting “, or, with respect to rehabilitation and new construction of public and assisted housing funded by HOPE VI revitalization grants under section 24 of the United States Housing Act of 1937 (42 U.S.C. 1437v), the 2003 International Energy Conservation Code” after “1989”.
In section 205(a), in the proposed section 570(a)(1), strike “Secretary” and insert “Administrator of General Services”.
In section 205(a), in the proposed section 570(a)(4), strike “Secretary” and insert “Administrator”.
In section 205(a), in the proposed section 570(b)(1), strike “Secretary” and insert “Administrator”.
In section 205(a), in the proposed section 570(b)(2), strike “Secretary” and insert “Administrator”.
In section 205(a), strike “Part 4 of title V of the National Energy Conservation Policy Act (42 U.S.C. 8271 et seq.)” and insert “Subchapter VI of chapter 31 of title 40, United States Code,”.
In section 205(a), at the beginning of the quoted material, strike “sec. 570.” and insert “Sec. 3177.”.
Strike section 206 (and amend the table of contents accordingly).
Strike section 244 (and amend the table of contents accordingly).
Strike section 245 (and amend the table of contents accordingly).
In title III, after section 330, insert the following new section (and amend the table of contents accordingly):
SEC. 332. NATURAL GAS MARKET REFORM.
(a) Clarification of Existing CFTC Authority.--
(1) False reporting.--Section 9(a)(2) of the Commodity Exchange Act (7 U.S.C. 13(a)(2)) is amended by striking “false or misleading or knowingly inaccurate reports” and inserting “knowingly false or knowingly misleading or knowingly inaccurate reports”.
(2) Commission administrative and civil authority.--Section 9 of the Commodity Exchange Act (7 U.S.C. 13) is amended by redesignating subsection (f) as subsection (e), and adding:
“(f) Commission Administrative and Civil Authority.--The Commission may bring administrative or civil actions as provided in this Act against any person for a violation of any provision of this section including, but not limited to, false reporting under subsection (a)(2).”.
(3) Effect of amendments.--The amendments made by paragraphs (1) and (2) restate, without substantive change, existing burden of proof provisions and existing Commission civil enforcement authority, respectively. These clarifying changes do not alter any existing burden of proof or grant any new statutory authority. The provisions of this section, as restated herein, continue to apply to any action pending on or commenced after the date of enactment of this Act for any act, omission, or violation occurring before, on, or after, such date of enactment.
(b) Fraud Authority.--Section 4b of the Commodity Exchange Act (7 U.S.C. 6b) is amended--
(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and
(2) by striking subsection (a) and inserting the following:
“(a) It shall be unlawful--
“(1) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery or in interstate commerce, that is made, or to be made, on or subject to the rules of a designated contract market, for or on behalf of any other person; or
“(2) for any person, in or in connection with any order to make, or the making of, any contract of sale of any commodity for future delivery, or other agreement, contract, or transaction subject to section 5a(g) (1) and (2) of this Act, that is made, or to be made, for or on behalf of, or with, any other person, other than on or subject to the rules of a designated contract market--
“(A) to cheat or defraud or attempt to cheat or defraud such other person;
“(B) willfully to make or cause to be made to such other person any false report or statement or willfully to enter or cause to be entered for such other person any false record;
“(C) willfully to deceive or attempt to deceive such other person by any means whatsoever in regard to any order or contract or the disposition or execution of any order or contract, or in regard to any act of agency performed, with respect to any order or contract for or, in the case of subsection (a)(2), with such other person; or
“(D)(i) to bucket an order if such order is either represented by such person as an order to be executed, or required to be executed, on or subject to the rules of a designated contract market; or
“(ii) to fill an order by offset against the order or orders of any other person, or willfully and knowingly and without the prior consent of such other person to become the buyer in respect to any selling order of such other person, or become the seller in respect to any buying order of such other person, if such order is either represented by such person as an order to be executed, or required to be executed, on or subject to the rules of a designated contract market.
“(b) Subsection (a)(2) shall not obligate any person, in connection with a transaction in a contract of sale of a commodity for future delivery, or other agreement, contract or transaction subject to section 5a(g) (1) and (2) of this Act, with another person, to disclose to such other person nonpublic information that may be material to the market price of such commodity or transaction, except as necessary to make any statement made to such other person in connection with such transaction, not misleading in any material respect.”.
(c) Jurisdiction of the CFTC.--The Natural Gas Act (15 U.S.C. 717 et seq.) is amended by adding at the end:
“SEC. 26. JURISDICTION.
“This Act shall not affect the exclusive jurisdiction of the Commodity Futures Trading Commission with respect to accounts, agreements, contracts, or transactions in commodities under the Commodity Exchange Act (7 U.S.C. 1 et seq.). Any request for information by the Commission to a designated contract market, registered derivatives transaction execution facility, board of trade, exchange, or market involving accounts, agreements, contracts, or transactions in commodities (including natural gas, electricity, and other energy commodities) within the exclusive jurisdiction of the Commodity Futures Trading Commission shall be directed to the Commodity Futures Trading Commission, which shall cooperate in responding to any information request by the Commission.”.
(d) Increased Penalties.--Section 21 of the Natural Gas Act (15 U.S.C. 717t) is amended--
(1) in subsection (a)--
(A) by striking “$5,000” and inserting “$1,000,000”; and
(B) by striking “two years” and inserting “5 years”; and
(2) in subsection (b), by striking “$500” and inserting “$50,000”.
In section 441(a), in the proposed section 3105(b)(1), insert “or equal to” after “projects less than”.
In section 640, strike “Section 3110” and insert “Section 3110(a)”.
In section 640, in the proposed paragraph (8), strike “Not later than” and insert “To the extent appropriations are provided in advance for this purpose or are otherwise available, not later than”.
In section 663, at the beginning of the quoted material, strike “(z)” and insert “z.”.
In section 663, in the proposed subsection z.(1), strike “section 922(o), (v), and (w)” and insert “section 922(a)(4) and (o)”.
In section 663, in the proposed subsection z.(2)(A), strike “, (o), (v), and (w)” and insert “and (o)”.
In section 722(b)(1)(B), strike “, scooters,”.
In title VII, amend section 753 to read as follows:
SEC. 753. AVIATION FUEL CONSERVATION AND EMISSIONS.
(a) In General.--Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall jointly initiate a study to identify--
(1) the impact of aircraft emissions on air quality in nonattainment areas;
(2) ways to promote fuel conservation measures for aviation to enhance fuel efficiency and reduce emissions; and
(3) opportunities to reduce air traffic inefficiencies that increase fuel burn and emissions.
(b) Focus.--The study under subsection (a) shall focus on how air traffic management inefficiencies, such as aircraft idling at airports, result in unnecessary fuel burn and air emissions.
(c) Report.--Not later than 1 year after the date of the initiation of the study under subsection (a), the Administrator of the Federal Aviation Administration and the Administrator of the Environmental Protection Agency shall jointly submit to the Committee on Energy and Commerce and the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works and the Committee on Commerce, Science, and Transportation of the Senate a report that--
(1) describes the results of the study; and
(2) includes any recommendations on ways in which unnecessary fuel use and emissions affecting air quality may be reduced--
(A) without adversely affecting safety and security and increasing individual aircraft noise; and
(B) while taking into account all aircraft emissions and the impact of those emissions on the human health.
(d) Risk Assessments.--Any assessment of risk to human health and the environment prepared by the Administrator of the Federal Aviation Administration or the Administrator of the Environmental Protection Agency to support the report in this section shall be based on sound and objective scientific practices, shall consider the best available science, and shall present the weight of the scientific evidence concerning such risks.
In title VII, amend section 756 to read as follows:
SEC. 756. REDUCTION OF ENGINE IDLING OF HEAVY-DUTY VEHICLES.
(a) Definitions.--In this section:
(1) Administrator.--The term “Administrator” means the Administrator of the Environmental Protection Agency.
(2) Advanced truck stop electrification system.--The term “advanced truck stop electrification system” means a stationary system that delivers heat, air conditioning, electricity, or communications, and is capable of providing verifiable and auditable evidence of use of those services, to a heavy-duty vehicle and any occupants of the heavy-duty vehicle with or without relying on components mounted onboard the heavy-duty vehicle for delivery of those services.
(3) Auxiliary power unit.--The term “auxiliary power unit” means an integrated system that--
(A) provides heat, air conditioning, engine warming, or electricity to components on a heavy-duty vehicle; and
(B) is certified by the Administrator under part 89 of title 40, Code of Federal Regulations (or any successor regulation), as meeting applicable emission standards.
(4) Heavy-duty vehicle.--The term “heavy-duty vehicle” means a vehicle that--
(A) has a gross vehicle weight rating greater than 8,500 pounds; and
(B) is powered by a diesel engine.
(5) Idle reduction technology.--The term “idle reduction technology” means an advanced truck stop electrification system, auxiliary power unit, or other device or system of devices that--
(A) is used to reduce long-duration idling of a heavy-duty vehicle; and
(B) allows for the main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle to be shut down.
(6) Energy conservation technology.--the term “energy conservation technology” means any device, system of devices, or equipment that improves the fuel economy of a heavy-duty vehicle.
(7) Long-duration idling.--
(A) In general.--The term “long-duration idling” means the operation of a main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle, for a period greater than 15 consecutive minutes, at a time at which the main drive engine is not engaged in gear.
(B) Exclusions.--The term “long-duration idling” does not include the operation of a main drive engine or auxiliary refrigeration engine of a heavy-duty vehicle during a routine stoppage associated with traffic movement or congestion.
(b) Idle Reduction Technology Benefits, Programs, and Studies.--
(1) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator shall--
(A)(i) commence a review of the mobile source air emission models of the Environmental Protection Agency used under the Clean Air Act (42 U.S.C. 7401 et seq.) to determine whether the models accurately reflect the emissions resulting from long-duration idling of heavy-duty vehicles and other vehicles and engines; and
(ii) update those models as the Administrator determines to be appropriate; and
(B)(i) commence a review of the emission reductions achieved by the use of idle reduction technology; and
(ii) complete such revisions of the regulations and guidance of the Environmental Protection Agency as the Administrator determines to be appropriate.
(2) Deadline for completion.--Not later than 180 days after the date of enactment of this Act, the Administrator shall--
(A) complete the reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1); and
(B) prepare and make publicly available 1 or more reports on the results of the reviews.
(3) Discretionary inclusions.--The reviews under subparagraphs (A)(i) and (B)(i) of paragraph (1) and the reports under paragraph (2)(B) may address the potential fuel savings resulting from use of idle reduction technology.
(4) Idle reduction and energy conservation deployment program.--
(A) Establishment.--
(i) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation shall, through the Environmental Protection Agency's SmartWay Transport Partnership, establish a program to support deployment of idle reduction and energy conservation technologies .
(ii) Priority.--The Administrator shall give priority to the deployment of idle reduction and energy conservation technologies based on the costs and beneficial effects on air quality and ability to lessen the emission of criteria air pollutants.
(B) Funding.--
(i) Authorization of appropriations.--There are authorized to be appropriated to the Administrator to carry out subparagraph (A) $19,500,000 for fiscal year 2006, $30,000,000 for fiscal year 2007, and $45,000,000 for fiscal year 2008.
(ii) Cost sharing.--Subject to clause (iii), the Administrator shall require at least 50 percent of the costs directly and specifically related to any project under this section to be provided from non-Federal sources.
(iii) Necessary and appropriate reductions.--The Administrator may reduce the non-Federal requirement under clause (ii) if the Administrator determines that the reduction is necessary and appropriate to meet the objectives of this section.
(5) Idling location study.--
(A) In general.--Not later than 90 days after the date of enactment of this Act, the Administrator, in consultation with the Secretary of Transportation, shall commence a study to analyze all locations at which heavy-duty vehicles stop for long-duration idling, including--
(i) truck stops;
(ii) rest areas;
(iii) border crossings;
(iv) ports;
(v) transfer facilities; and
(vi) private terminals.
(B) Deadline for completion.--Not later than 180 days after the date of enactment of this Act, the Administrator shall--
(i) complete the study under subparagraph (A); and
(ii) prepare and make publicly available 1 or more reports of the results of the study.
(c) Vehicle Weight Exemption.--Section 127(a) of title 23, United States Code, is amended--
(1) by designating the first through eleventh sentences as paragraphs (1) through (11), respectively; and
(2) by adding at the end the following:
“(12) Heavy duty vehicles.--
“(A) In general.--Subject to subparagraphs (B) and (C), in order to promote reduction of fuel use and emissions because of engine idling, the maximum gross vehicle weight limit and the axle weight limit for any heavy-duty vehicle equipped with an idle reduction technology shall be increased by a quantity necessary to compensate for the additional weight of the idle reduction system.
“(B) Maximum weight increase.--The weight increase under subparagraph (A) shall be not greater than 400 pounds.
“(C) Proof.--On request by a regulatory agency or law enforcement agency, the vehicle operator shall provide proof (through demonstration or certification) that--
“(i) the idle reduction technology is fully functional at all times; and
“(ii) the 400-pound gross weight increase is not used for any purpose other than the use of idle reduction technology described in subparagraph (A).”.
(d) Report.--Not later than 60 days after the date on which funds are initially awarded under this section, and on an annual basis thereafter, the Administrator shall submit to Congress a report containing--
(1) an identification of the grant recipients, a description of the projects to be funded and the amount of funding provided; and
(2) an identification of all other applicants that submitted applications under the program.
In title VIII, after section 810, insert the following and make the necessary conforming changes in the table of contents:
SEC. 811. HYDROGEN FUEL CELL BUSES.
The Secretary of Energy, through the advanced vehicle technologies program, in coordination with the Secretary of Transportation, shall advance the development of fuel cell bus technologies by providing funding for 4 demonstration sites that--
(1) have or will soon have hydrogen infrastructure for fuel cell bus operation; and
(2) are operated by entities with experience in the development of fuel cell bus technologies, to enable the widespread utilization of fuel cell buses.
Such demonstrations shall address the reliability of fuel cell heavy-duty vehicles, expense, infrastructure, containment, storage, safety, training, and other issues.
In title IX, subtitle F, chapter 1, add at the end the following new sections:
SEC. 968A. WESTERN MICHIGAN DEMONSTRATION PROJECT.
The Administrator of the Environmental Protection Agency, 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. The demonstration program shall address projected nonattainment areas in Southwestern Michigan that include counties with design values for ozone of less than .095 based on years 2000 to 2002 or the most current 3-year period of air quality data. The Administrator shall assess any difficulties such areas may experience in meeting the 8 hour national ambient air quality standard for ozone due to the effect of transported ozone or ozone precursors into the areas. The Administrator shall work with State and local officials to determine the extent of ozone and ozone precursor transport, to assess alternatives to achieve compliance with the 8 hour standard apart from local controls, and to determine the timeframe in which such compliance could take place. The Administrator shall complete this demonstration project no later than 2 years after the date of enactment of this section and shall not impose any requirement or sanction that might otherwise apply during the pendency of the demonstration project.
SEC. 968B. WESTERN HEMISPHERE ENERGY COOPERATION.
(a) Program.--The Secretary shall carry out a program to promote cooperation on energy issues with Western Hemisphere countries.
(b) Activities.--Under the program, the Secretary shall fund activities to work with Western Hemisphere countries to--
(1) assist the countries in formulating and adopting changes in economic policies and other policies to--
(A) increase the production of energy supplies; and
(B) improve energy efficiency; and
(2) assist in the development and transfer of energy supply and efficiency technologies that would have a beneficial impact on world energy markets.
(c) University Participation.--To the extent practicable, the Secretary shall carry out the program under this section with the participation of universities so as to take advantage of the acceptance of universities by Western Hemisphere countries as sources of unbiased technical and policy expertise when assisting the Secretary in--
(1) evaluating new technologies;
(2) resolving technical issues;
(3) working with those countries in the development of new policies; and
(4) training policymakers, particularly in the case of universities that involve the participation of minority students, such as Hispanic-serving institutions and Historically Black Colleges and Universities.
(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section--
(1) $8,000,000 for fiscal year 2006;
(2) $10,000,000 for fiscal year 2007;
(3) $13,000,000 for fiscal year 2008;
(4) $16,000,000 for fiscal year 2009; and
(5) $19,000,000 for fiscal year 2010.
SEC. 968C. ARCTIC ENGINEERING RESEARCH CENTER.
(a) In General.--The Secretary of Energy (referred to in this section as the “Secretary”) in consultation with the Secretary of Transportation and the United States Arctic Research Commission shall provide annual grants to a university located adjacent to the Arctic Energy Office of the Department of Energy, to establish and operate a university research center to be headquartered in Fairbanks and to be known as the “Arctic Engineering Research Center” (referred to in this section as the “Center”).
(b) Purpose.--The purpose of the Center shall be to conduct research on, and develop improved methods of, construction and use of materials to improve the overall performance of roads, bridges, residential, commercial, and industrial structures, and other infrastructure in the Arctic region, with an emphasis on developing--
(1) new construction techniques for roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure that are capable of withstanding the Arctic environment and using limited energy resources as efficiently as possible;
(2) technologies and procedures for increasing road, bridge, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure safety, reliability, and integrity in the Arctic region;
(3) new materials and improving the performance and energy efficiency of existing materials for the construction of roads, bridges, rail, and related transportation infrastructure and residential, commercial, and industrial infrastructure in the Arctic region; and
(4) recommendations for new local, regional, and State permitting and building codes to ensure transportation and building safety and efficient energy use when constructing, using, and occupying such infrastructure in the Arctic region.
(c) Objectives.--The Center shall carry out--
(1) basic and applied research in the subjects described in subsection (b), the products of which shall be judged by peers or other experts in the field to advance the body of knowledge in road, bridge, rail, and infrastructure engineering in the Arctic region; and
(2) an ongoing program of technology transfer that makes research results available to potential users in a form that can be implemented.
(d) Amount of Grant.--For each of fiscal years 2006 through 2011, the Secretary shall provide a grant in the amount of $3,000,000 to the institution specified in subsection (a) to carry out this section.
(e) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section $3,000,000 for each of fiscal years 2006 through 2011.
SEC. 968D. BARROW GEOPHYSICAL RESEARCH FACILITY.
(a) Establishment.--The Secretary of Commerce, in consultation with the Secretaries of Energy and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency, shall establish a joint research facility in Barrow, Alaska, to be known as the “Barrow Geophysical Research Facility”, to support scientific research activities in the Arctic.
(b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretaries of Commerce, Energy, and the Interior, the Director of the National Science Foundation, and the Administrator of the Environmental Protection Agency for the planning, design, construction, and support of the Barrow Geophysical Research Facility $61,000,000.
In section 970(d), amend paragraph (3) to read as follows:
(3) Requirement of section 501(c)(3) status.--The Secretary shall not select a consortium under this section unless such consortium is an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under such section 501(a) of such Code.
In section 1236, adding a new section 217 to the Federal Power Act, insert a period before the final closing quotation marks.
In section 1252(a) and in section 1252(b), strike “Public Utilities” and insert “Public Utility”.
In section 1254(b)(1), in the amendment to section 112(b) of the Public Utility Regulatory Policies Act of 1978, strike “(3)(A)” and insert “(5)(A)”.
In section 1254(b)(2), strike “112(d) f” and insert “112(d) of”.
In title XII, in section 1274(a), after “for” strike “section” and insert “sections 1269 (relating to effect on other regulations), 1270 (relating to enforcement), 1271 (relating to savings provisions), and”.
In title XII, amend section 1298 to read as follows:
SEC. 1298. ECONOMIC DISPATCH.
Part II of the Federal Power Act (16 U.S.C. 824 et seq.) is amended by adding at the end the following:
“SEC. 223. JOINT BOARDS ON ECONOMIC DISPATCH.
“(a) In General.--The Commission shall convene joint boards on a regional basis pursuant to section 209 of this Act to study the issue of security constrained economic dispatch for the various market regions. The Commission shall designate the appropriate regions to be covered by each such joint board for purposes of this section.
“(b) Membership.--The Commission shall request each State to nominate a representative for the appropriate regional joint board, and shall designate a member of the Commission to chair and participate as a member of each such board.
“(c) Powers.--The sole authority of each joint board convened under this section shall be to consider issues relevant to what constitutes ‘security constrained economic dispatch' and how such a mode of operating an electric energy system affects or enhances the reliability and affordability of service to customers in the region concerned and to make recommendations to the Commission regarding such issues.
“(d) Report to the Congress.--Within one year after enactment of this section, the Commission shall issue a report and submit such report to the Congress regarding the recommendations of the joint boards under this section and the Commission may consolidate the recommendations of more than one such regional joint board, including any consensus recommendations for statutory or regulatory reform.”.
In section 1443, in the amendment adding subsection (d) to section 181 of the Clean Air Act, in paragraph (4), strike “If, no more than 18 months prior to the date of enactment of this subsection” and insert “If, after April 1, 2003” and strike “within 12 months after the date of enactment of this subsection”.
In title XIV, in section 1446, strike “as defined under section 2(a)(1)(A)” and insert “identified under section 2(a)(1)(B)” and strike “2720(a)(1)(A)” and insert “2720(a)(1)(B)”.
In title XV, in section 1505(a), strike “The review shall be completed no later than May 31, 2014” and insert “The review shall commence after May 31, 2013, and shall be completed no later than May 31, 2014”.
In section 1505(b), strike “No later” and insert “After completion of the review under subsection (a) and no later”.
In section 1510, in subparagraph (G) of subsection (a)(2), after “vehicle emission systems,” insert “on-road and off-road diesel rules,” and after “imposed by” insert “the Federal Government,”.
In section 1510(b)(1), strike “2007” and insert “2009”.
In title XV, in section 1530, in subsection (a) adding a new subsection (i) to section 9003 of the Solid Waste Disposal Act, strike subparagraph (G) of paragraph (1) of such new subsection (i) and insert a period at the end of subsection (b).
In title XV, in section 1531, in the amendment adding new section 9014 to the Solid Waste Disposal Act, in paragraph (2)(C) strike “9004(f)” and insert “9003(i), 9004(f),” and in paragraph (2)(D) strike “9011 and 9012” and insert “9010, 9011, 9012, and 9013”.
In section 1541(c)(2), strike “preserves air quality standards” and insert “addresses air quality requirements”.
In section 1541(c)(2), strike “that results” and insert “including that which has resulted”.
In section 1541(c), insert the following new paragraph after paragraph (2) and redesignate the following paragraphs accordingly:
(3) Conduct of study.--In carrying out their joint duties under this section, the Administrator and the Secretary shall use sound science and objective science practices, shall consider the best available science, shall use data collected by accepted means and shall consider and include a description of the weight of the scientific evidence. The Administrator and the Secretary shall coordinate the study required by this section with other studies required by the act and shall endeavor to avoid duplication of effort with regard to such studies.
In section 1541(c)(4) (as redesignated by the preceding amendment), strike the sentence beginning with “The Administrator shall use sound”.
In the heading of title XVII, insert “--RESOURCES” at the end (and amend the table of contents accordingly).
In the heading of title XIX, insert “--RESOURCES” at the end (and amend the table of contents accordingly).
Strike section 2026 (and amend the table of contents accordingly).
In the heading of title XXI, insert “--RESOURCES” at the end (and amend the table of contents accordingly).
Redesignate title XXV as title XXIV, and redesignate sections 2501 through 2506 as sections 2401 through 2406, respectively (and amend the table of contents accordingly).
Redesignate section 2601 as section 2055, and move it to the end of subtitle D of title XX.
Redesignate section 2602 as section 112, and move it to the end of subtitle A of title I.
Strike the remainder of title XXVI.
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House amendment offered
April 20, 2005
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House amendment offered
April 20, 2005
House amendment agreed to: On agreeing to the Hall amendment (A001) Agreed to by voice vote.
April 20, 2005 • 5:10 PM
Amendment agreed to Committee of the Whole
April 20, 2005 • 5:10 PM
House amendment offered/reported by : Amendment (A001) offered by Mr. Hall.(consideration: CR H2321-2325; text: CR H2321-2324)
April 20, 2005 • 4:58 PM
Amendment (A001) offered by Mr. Hall. (consideration: CR H2321-2325; text: CR H2321-2324)
April 20, 2005 • 4:58 PM
On agreeing to the Hall amendment (A001) Agreed to by voice vote.
April 20, 2005 • 5:10 PM