to improve the clean coal power initiative.

1. Rewrites page 328, line 13 through page 337, line 6

   ReplacesPrinted page

   Removes page 328, line 13 through page 337, line 6 of the printed bill. See that page

   Inserted: Subtitle A--Clean Coal Power Initiative SEC. 401. AUTHORIZATION OF APPROPRIATIONS.

   Inserted: (a) Clean Coal Power Initiative.--There is authorized to be appropriated to the Secretary to carry out the activities authorized by this subtitle $200,000,000 for each of fiscal years 2006 through 2012, to remain available until expended.

   Inserted: (b) Report.--Not later than March 31, 2006, the Secretary shall submit to Congress a report that includes a 10-year plan containing--

   Inserted: (1) a detailed assessment of whether the aggregate assistance levels provided under subsection (a) are the appropriate assistance levels for the clean coal power initiative;

   Inserted: (2) a detailed description of how proposals for assistance under the clean coal power initiative will be solicited and evaluated, including a list of all activities expected to be undertaken;

   Inserted: (3) a detailed list of technical milestones for each coal and related technology that will be pursued under the clean coal power initiative; and

   Inserted: (4) a detailed description of how the clean coal power initiative will avoid problems enumerated in Government Accountability Office reports on the Clean Coal Technology Program of the Department, including problems that have resulted in unspent funds and projects that failed either financially or scientifically.

   Inserted: SEC. 402. PROJECT CRITERIA.

   Inserted: (a) In General.--To be eligible to receive assistance under this subtitle, a project shall advance efficiency, environmental performance, and cost competitiveness well beyond the level of technologies that are in commercial service or have been demonstrated on a scale that the Secretary determines is sufficient to demonstrate that commercial service is viable as of the date of enactment of this Act.

   Inserted: (b) Technical Criteria for Clean Coal Power Initiative.--

   Inserted: (1) Gasification projects.--

   Inserted: (A) In General.--In allocating the funds made available under section 401(a), the Secretary shall ensure that at least 80 percent of the funds are used only to fund projects on coal-based gasification technologies, including--

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   Inserted: (i) gasification combined cycle;

   Inserted: (ii) gasification fuel cells and turbine combined cycle;

   Inserted: (iii) gasification coproduction; and

   Inserted: (iv) hybrid gasification and combustion.

   Inserted: (B) Technical milestones.--

   Inserted: (i) Periodic determination.--

   Inserted: (I) In general.--The Secretary shall periodically set technical milestones specifying the emission and thermal efficiency levels that coal gasification projects under this subtitle shall be designed, and reasonably expected, to achieve.

   Inserted: (II) Prescriptive milestones.--The technical milestones shall become more prescriptive during the period of the clean coal power initiative.

   Inserted: (ii) 2020 goals.--The Secretary shall establish the periodic milestones so as to achieve by the year 2020 coal gasification projects able--

   Inserted: (I) to remove at least 99 percent of sulfur dioxide;

   Inserted: (II) to emit not more than .05 lbs of NO<inf>x</inf> per million Btu;

   Inserted: (III) to achieve at least 95 percent reductions in mercury emissions; and

   Inserted: (IV) to achieve a thermal efficiency of at least--

   Inserted: (aa) 50 percent for coal of more than 9,000 Btu;

   Inserted: (bb) 48 percent for coal of 7,000 to 9,000 Btu; and

   Inserted: (cc) 46 percent for coal of less than 7,000 Btu.

   Inserted: (2) Other projects.--

   Inserted: (A) Allocation of funds.--The Secretary shall ensure that up to 20 percent of the funds made available under section 401(a) are used to fund projects other than those described in paragraph (1).

   Inserted: (B) Technical milestones.--

   Inserted: (i) Periodic determination.--

   Inserted: (I) In general.--The Secretary shall periodically establish technical milestones specifying the emission and thermal efficiency levels that projects funded under this paragraph shall be designed, and reasonably expected, to achieve.

   Inserted: (II) Prescriptive milestones.--The technical milestones shall become more prescriptive during the period of the clean coal power initiative.

   Inserted: (ii) 2020 goals.--The Secretary shall set the periodic milestones so as to achieve by the year 2020 projects able--

   Inserted: (I) to remove at least 97 percent of sulfur dioxide;

   Inserted: (II) to emit no more than .08 lbs of NO<inf>x</inf> per million Btu;

   Inserted: (III) to achieve at least 90 percent reductions in mercury emissions; and

   Inserted: (IV) to achieve a thermal efficiency of at least--

   Inserted: (aa) 43 percent for coal of more than 9,000 Btu;

   Inserted: (bb) 41 percent for coal of 7,000 to 9,000 Btu; and

   Inserted: (cc) 39 percent for coal of less than 7,000 Btu.

   Inserted: (3) Consultation.--Before setting the technical milestones under paragraphs (1)(B) and (2)(B), the Secretary shall consult with--

   Inserted: (A) the Administrator of the Environmental Protection Agency; and

   Inserted: (B) interested entities, including--

   Inserted: (i) coal producers;

   Inserted: (ii) industries using coal;

   Inserted: (iii) organizations that promote coal or advanced coal technologies;

   Inserted: (iv) environmental organizations;

   Inserted: (v) organizations representing workers; and

   Inserted: (vi) organizations representing consumers.

   Inserted: (4) Existing units.--In the case of projects at units in existence on the date of enactment of this Act, in lieu of the thermal efficiency requirements described in paragraphs (1)(B)(ii)(IV) and (2)(B)(ii)(IV), the milestones shall be designed to achieve an overall thermal design efficiency improvement, compared to the efficiency of the unit as operated, of not less than--

   Inserted: (A) 7 percent for coal of more than 9,000 Btu;

   Inserted: (B) 6 percent for coal of 7,000 to 9,000 Btu; or

   Inserted: (C) 4 percent for coal of less than 7,000 Btu.

   Inserted: (5) Administration.--

   Inserted: (A) Elevation of site.--In evaluating project proposals to achieve thermal efficiency levels established under paragraphs (1)(B)(i) and (2)(B)(i) and in determining progress towards thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4), the Secretary shall take into account and make adjustments for the elevation of the site at which a project is proposed to be constructed.

   Inserted: (B) Applicability of milestones.--The thermal efficiency milestones under paragraphs (1)(B)(ii)(IV), (2)(B)(ii)(IV), and (4) shall not apply to projects that separate and capture at least 50 percent of the potential emissions of carbon dioxide by a facility.

   Inserted: (C) Permitted uses.--In carrying out this section, the Secretary shall give high priority to projects that include, as part of the project--

   Inserted: (i) the separation or capture of carbon dioxide; or

   Inserted: (ii) the reduction of the demand for natural gas if deployed.

   Inserted: (c) Financial Criteria.--The Secretary shall not provide financial assistance under this subtitle for a project unless the recipient documents to the satisfaction of the Secretary that--

   Inserted: (1) the recipient is financially responsible;

   Inserted: (2) the recipient will provide sufficient information to the Secretary to enable the Secretary to ensure that the funds are spent efficiently and effectively; and

   Inserted: (3) a market exists for the technology being demonstrated or applied, as evidenced by statements of interest in writing from potential purchasers of the technology.

   Inserted: (d) Financial Assistance.--The Secretary shall provide financial assistance to projects that, as determined by the Secretary--

   Inserted: (1) meet the requirements of subsections (a), (b), and (c); and

   Inserted: (2) are likely--

   Inserted: (A) to achieve overall cost reductions in the use of coal to generate useful forms of energy or chemical feedstocks;

   Inserted: (B) to improve the competitiveness of coal among various forms of energy in order to maintain a diversity of fuel choices in the United States to meet electricity generation requirements; and

   Inserted: (C) to demonstrate methods and equipment that are applicable to 25 percent of the electricity generating facilities, using various types of coal, that use coal as the primary feedstock as of the date of enactment of this Act.

   Inserted: (e) Cost-Sharing.--In carrying out this subtitle, the Secretary shall require cost sharing in accordance with section 1002.

   Inserted: (f) Scheduled Completion of Selected Projects.--

   Inserted: (1) In general.--In selecting a project for financial assistance under this section, the Secretary shall establish a reasonable period of time during which the owner or operator of the project shall complete the construction or demonstration phase of the project, as the Secretary determines to be appropriate.

   Inserted: (2) Condition of financial assistance.--The Secretary shall require as a condition of receipt of any financial assistance under this subtitle that the recipient of the assistance enter into an agreement with the Secretary not to request an extension of the time period established for the project by the Secretary under paragraph (1).

   Inserted: (3) Extension of time period.--

   Inserted: (A) In general.--Subject to subparagraph (B), the Secretary may extend the time period established under paragraph (1) if the Secretary determines, in the sole discretion of the Secretary, that the owner or operator of the project cannot complete the construction or demonstration phase of the project within the time period due to circumstances beyond the control of the owner or operator.

   Inserted: (B) Limitation.--The Secretary shall not extend a time period under subparagraph (A) by more than 4 years.

   Inserted: (g) Fee Title.--The Secretary may vest fee title or other property interests acquired under cost-share clean coal power initiative agreements under this subtitle in any entity, including the United States.

   Inserted: (h) Data Protection.--For a period not exceeding 5 years after completion of the operations phase of a cooperative agreement, the Secretary may provide appropriate protections (including exemptions from subchapter II of chapter 5 of title 5, United States Code) against the dissemination of information that--

   Inserted: (1) results from demonstration activities carried out under the clean coal power initiative program; and

   Inserted: (2) would be a trade secret or commercial or financial information that is privileged or confidential if the information had been obtained from and first produced by a non-Federal party participating in a clean coal power initiative project.

   Inserted: (i) Applicability.--No technology, or level of emission reduction, solely by reason of the use of the technology, or the achievement of the emission reduction, by 1 or more facilities receiving assistance under this Act, shall be considered to be--

   Inserted: (1) adequately demonstrated for purposes of section 111 of the Clean Air Act (42 U.S.C. 7411);

   Inserted: (2) achievable for purposes of section 169 of that Act (42 U.S.C. 7479); or

   Inserted: (3) achievable in practice for purposes of section 171 of that Act (42 U.S.C. 7501).

   Original wording

   Beginning on page 328, strike line 13 and all that follows through page 337, line 6, and insert the following:

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As printed