S.Amdt. 1584Senate110th Congress (2007-2009)2nd degree
S.Amdt. 1584
Sponsored by
Sen. Mel Martinez (R-FL)
Submitted June 14, 2007
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Senate amendment submitted
June 14, 2007
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TEXT OF AMENDMENTS SA 1562. Mr. DORGAN (for himself, and Mr. Craig) submitted an amendment intended to be proposed by him to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the end, add the following: TITLE VIII--OUTER CONTINENTAL SHELF RESOURCES SEC. 801. SHORT TITLE. This title may be cited as the ``Domestic Offshore Energy Security Act''. SEC. 802. DEVELOPMENT AND INVENTORY OF CERTAIN OUTER CONTINENTAL SHELF RESOURCES. (a) Definition of United States Person.--In this section, the term ``United States person'' means-- (1) any United States citizen or alien lawfully admitted for permanent residence in the United States; and (2) any person other than an individual, if 1 or more individuals described in paragraph (1) own or control at least 51 percent of the securities or other equity interest in the person. (b) Authorization of Activities and Exports Involving Hydrocarbon Resources by United States Persons.-- Notwithstanding any other provision of law (including a regulation), United States persons (including agents and affiliates of those United States persons) may-- (1) engage in any transaction necessary for the exploration for and extraction of hydrocarbon resources from any portion of any foreign exclusive economic zone that is contiguous to the exclusive economic zone of the United States; and (2) export without license authority all equipment necessary for the exploration for or extraction of hydrocarbon resources described in paragraph (1). (c) Travel in Connection With Authorized Hydrocarbon Exploration and Extraction Activities.--Section 910 of the Trade Sanctions Reform and Export Enhancement Act of 2000 (22 U.S.C. 7209) is amended by inserting after subsection (b) the following: ``(c) General License Authority for Travel-Related Expenditures by Persons Engaging in Hydrocarbon Exploration and Extraction Activities.-- ``(1) In general.--The Secretary of the Treasury shall, authorize under a general license the travel-related transactions listed in section 515.560(c) of title 31, Code of Federal Regulations, for travel to, from or within Cuba in connection with exploration for and the extraction of hydrocarbon resources in any part of a foreign maritime Exclusive Economic Zone that is contiguous to the United States' Exclusive Economic Zone. ``(2) Persons authorized.--Persons authorized to travel to Cuba under this section include full-time employees, executives, agents, and consultants of oil and gas producers, distributors, and shippers.''. (d) Moratorium of Oil and Gas Leasing in Certain Areas of the Gulf of Mexico.-- (1) In general.--Section 104(a) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-432) is amended-- (A) by striking paragraph (1); (B) in paragraph (2), by striking ``125 miles'' and inserting ``45 miles''; (C) in paragraph (3), by striking ``100 miles'' each place it appears and inserting ``45 miles''; and (D) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively. (2) Regulations.-- (A) In general.--The Secretary of the Interior shall promulgate regulations that establish appropriate environmental safeguards for the exploration and production of oil and natural gas on the outer Continental Shelf. (B) Minimum requirements.--At a minimum, the regulations shall include-- (i) provisions requiring surety bonds of sufficient value to ensure the mitigation of any foreseeable incident; (ii) provisions assigning liability to the leaseholder in the event of an incident causing damage or loss, regardless of the negligence of the leaseholder or lack of negligence; (iii) provisions no less stringent than those contained in the Spill Prevention, Control, and Countermeasure regulations promulgated under the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.); (iv) provisions ensuring that-- (I) no facility for the exploration or production of resources is visible to the unassisted eye from any shore of any coastal State; and (II) the impact of offshore production facilities on coastal vistas is otherwise mitigated; (v) provisions to ensure, to the maximum extent practicable, that exploration and production activities will result in no significant adverse effect on fish or wildlife (including habitat), subsistence resources, or the environment; and (vi) provisions that will impose seasonal limitations on activity to protect breeding, spawning, and wildlife migration patterns. (3) Conforming amendment.--Section 105 of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006 (Public Law 109-54; 119 Stat. 521) (as amended by section 103(d) of the Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109- 432)) is amended by inserting ``and any other area that the Secretary of the Interior may offer for leasing, preleasing, or any related activity under section 104 of that Act'' after ``2006)''. (e) Inventory of Outer Continental Shelf Oil and Natural Gas Resources Off Southeastern Coast of the United States.-- (1) In general.--The Secretary of the Interior (referred to in this subsection as the ``Secretary'') may conduct an inventory of oil and natural gas resources beneath the waters of the outer Continental Shelf (as defined in section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. 1331)) off of the coast of the States of Virginia, North Carolina, South Carolina, or Georgia in accordance with this subsection. (2) Best available technology.--In conducting the inventory, the Secretary shall use the best technology available to obtain accurate resource estimates. (3) Request by governor.--The Secretary may conduct an inventory under this subsection off the coast of a State described in paragraph (1) only if the Governor of the State requests the inventory. (4) Reports.--The Secretary shall submit to Congress and the requesting Governor a report on any inventory conducted under this subsection. (5) Authorization of appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this subsection. (f) Enhanced Oil Recovery.--Section 354(c)(4)(B) of the Energy Policy Act of 2005 (42 U.S.C. 15910(c)(4)(B)) is amended-- (1) in clause (iii), by striking ``and'' at the end; (2) in clause (iv), by striking the period at the end and inserting ``; and''; and (3) by adding at the end the following: ``(v) are carried out in geologically challenging fields.''. ______ SA 1563. Mr. DORGAN (for himself, Mr. Craig, and Mr. Kerry) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 47, after line 23, insert the following: SEC. 131. INSTALLATION OF ETHANOL-BLEND FUEL PUMPS BY COVERED OWNERS AT RETAIL STATIONS. Section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)) is amended by adding at the end the following: ``(11) Installation of ethanol-blend fuel pumps by covered owners at retail stations.-- ``(A) Definitions.--In this paragraph: ``(i) Blender pump.--The term `blender pump' means any fuel pump that-- ``(I) combines ethanol and gasoline products from separate underground storage tanks; ``(II) uses inlet valves from the tanks to enable varying quantities of ethanol and gasoline products to be blended within a chamber in the pump; and ``(III) dispenses the various blends of ethanol and gasoline products through separate hoses. ``(ii) Covered owner.--The term `covered owner' means any person that, individually or together with any other person with respect to which the person has an affiliate relationship or significant ownership interest, owns 15 or more retail station outlets, as determined by the Secretary. ``(iii) Ethanol-blend fuel.--The term `ethanol-blend fuel' means a blend of gasoline not more than 85 percent, nor less than [[Page S7756]] 70 percent, of the content of which is derived from ethanol produced in the United States, as defined by the Secretary in a manner consistent with applicable standards of the American Society for Testing and Materials. ``(iv) Major oil company.--The term `major oil company' means any person, individually or together with any other person, that has an ownership interest in 200 or more retail station outlets. ``(v) Secretary.--The term `Secretary' means the Secretary of Energy, acting in consultation with the Administrator and the Secretary of Agriculture. ``(B) Assessment.--Not later than 3 years after the date of enactment of this paragraph, the Secretary shall make an assessment of the progress made toward the penetration of not less than 5 percent of the market of fuel pump infrastructure for the production and distribution of ethanol-blend fuel (including the creation of adequate qualified alternative fuel vehicle refueling property that contains blender pumps). ``(C) Regulations.--If the Secretary determines (based on the assessment conducted under subparagraph (B)) that adequate progress has not been made toward the penetration described in subparagraph (B), the Secretary shall promulgate regulations to ensure that, to the maximum extent practicable, each covered owner installs or otherwise makes available 1 or more pumps that dispense ethanol-blend fuel (including any other equipment necessary, such as tanks, to ensure that the pumps function properly) at not less than the applicable percentage of the retail station outlets of the covered owner specified in subparagraph (E). ``(D) Considerations.--In promulgating regulations, the Secretary shall take into account-- ``(i) the number of retail gas stations that are wholly owned by major oil companies; ``(ii) the concentration of flexible fuel vehicles in a geographic area; ``(iii) any refueling infrastructure corridors established under section 121(b) of the Renewable Fuels, Consumer Protection, and Energy Efficiency Act of 2007; and ``(iv) any covered owners that own more than 15 retail station outlets. ``(E) Applicable percentages.--For the purpose of subparagraph (C), the applicable percentage of the retail station outlets shall be-- ``(i) during the 10-year period beginning on the date on which any determination is made under subparagraph (C), 10 percent; and ``(ii) after the 10-year period described in clause (i), 20 percent. ``(F) Financial responsibility.--In promulgating regulations under subparagraph (C), the Secretary shall ensure that each covered owner covered by this paragraph assumes full financial responsibility for the costs of installing or otherwise making available the pumps required under those regulations and any other equipment necessary (including tanks) to ensure that the pumps function properly. ``(G) Production credits for exceeding ethanol-blend fuel pumps installation requirement.-- ``(i) Earning and period for applying credits.--If the percentage of the retail station outlets of a covered owner at which the covered owner installs ethanol-blend fuel pumps in a particular calendar year exceeds the percentage required under subparagraph (C), the covered owner shall earn credits under this paragraph, which may be applied to any of the 3 consecutive calendar years immediately following the calendar year for which the credits are earned. ``(ii) Trading credits.--A covered owner that earns credits under clause (i) may sell credits to another covered owner to enable the purchaser to meet the requirements of this paragraph.''. ______ SA 1564. Mr. TESTER submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 177, after line 21, add the following: SEC. 279. ENERGY EFFICIENT SCHOOLS. (a) Definitions.--In this section: (1) High-performance school building.--The term ``high- performance school building'' means a school building that integrates and optimizes all major high-performance building attributes, including energy and water efficiency, renewable energy, indoor air quality, durability, lifecycle cost performance, and occupant productivity. (2) Renewable energy.--The term ``renewable energy'' means-- (A) energy produced using solar, wind, biomass, ocean, geothermal, or hydroelectric energy; or (B) heating and cooling from a ground source heat pump. (3) School.--The term ``school'' means an accredited public school that is-- (A) subject to the authority of a State education agency; and (B)(i) an elementary school or secondary school (as those terms are defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)); or (ii) a BIA school (within the meaning of section 9101(26)(C) of that Act (20 U.S.C. 7801(26)(C))). (4) State educational agency.--The term ``State educational agency'' has the meaning given the term in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)). (5) State energy office.--The term ``State energy office'' means-- (A) the State agency that is responsible for developing State energy conservation plans under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322); or (B) if an agency described in subparagraph (A) does not exist in a State, a State agency designated by the Governor of the State. (b) Establishment of Program.--There is established in the Department of Energy a program, to be known as the ``High- Performance Schools Program'', under which the Secretary may provide grants to State energy offices to assist school districts in the State-- (1) to improve the energy efficiency of, and use of renewable energy in, school buildings; (2) to educate students regarding-- (A) energy consumption in buildings; and (B) the benefits of energy efficiency and renewable energy; (3) to administer the program; and (4) to promote participation in the program. (c) Conditions of Receipt.--As a condition of receiving a grant under this section, a State energy office shall agree to use the grant only to provide assistance to school districts in the State that demonstrate to the satisfaction of the State energy office-- (1) financial need with respect to the construction of new or renovated high-performance school buildings; (2) a commitment to use the grant funds to develop high- performance school buildings, in accordance with a plan that the State energy office, in consultation with the State educational agency, determines to be feasible and appropriate to achieve the purposes for which the grant is provided; (3) a commitment to educate students and the public regarding the energy efficiency and renewable energy uses relating to the program; and (4) that the school district has conducted an energy audit satisfactory to the State energy office of the baseline energy consumption of the district. (d) Administration.-- (1) Selection of projects.--In selecting school districts to receive funds provided under this section, the Secretary shall-- (A) give priority to States that carry out, or propose to carry out, projects that-- (i) achieve maximum increases in energy efficiency; and (ii) achieve maximum cost savings as a result of that increased efficiency; and (B) ensure geographical diversity of distribution of funds throughout the United States, to the maximum extent practicable. (2) Use of grants by state energy offices.--A State energy office may use a portion of a grant received under this section-- (A) to evaluate compliance by school districts in the State with the requirements of this section; (B) to develop and conduct programs for school board members, school personnel, architects, engineers, and other interested persons to advance the concepts of high- performance school buildings; (C) to obtain technical services and assistance in planning and designing high-performance school buildings; (D) to collect and monitor data relating to high- performance school building projects; or (E) for promotional and marketing activities. (e) Supplementing Grant Funds.--Each State energy office that receives a grant under this section shall encourage each school district provided funds by the State energy office to supplement, to the maximum extent practicable, the funds using funds from other sources in the implementation of the plans of the school districts. (f) Other Funds.--Of amounts made available to carry out this section, the Secretary may reserve an amount equal to the lesser of 10 percent of the amounts and $500,000 for a fiscal year to provide assistance to State energy offices with respect to the coordination and implementation of the program under this section, including the development of reference materials-- (1) to clarify and support the purposes of this section; and (2) to increase the quantity in the States of high- performance school buildings. (g) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2012. ______ SA 1565. Mr. NELSON of Nebraska submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: [[Page S7757]] On page 36, line 17, strike ``Section'' and insert the following: (a) In General.--Section On page 36, after line 22, add the following: (b) Biofuels Investment Trust Fund.--Section 932(d) of the Energy Policy Act of 2005 (42 U.S.C. 16232(d)) is amended by adding at the end the following: ``(3) Biofuels investment trust fund.-- ``(A) Establishment.-- ``(i) In general.--There is established in the Treasury of the United States a trust fund, to be known as the `Biofuels Investment Trust Fund' (referred to in this paragraph as the `trust fund'), consisting of such amounts as are transferred to the trust fund under clause (ii). ``(ii) Transfer.--As soon as practicable after the date of enactment of this paragraph, the Secretary of the Treasury shall transfer to the trust fund, from amounts in the general fund of the Treasury, such amounts as the Secretary of the Treasury determines to be equivalent to the amounts received in the general fund as of January 1, 2007, that are attributable to duties received on articles entered under heading 9901.00.50 of the Harmonized Tariff Schedule of the United States. ``(B) Investment of amounts.-- ``(i) In general.--The Secretary of the Treasury shall invest such portion of the trust fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. ``(ii) Interest-bearing obligations.--Investments may be made only in interest-bearing obligations of the United States. ``(iii) Acquisition of obligations.--For the purpose of investments under clause (i), obligations may be acquired-- ``(I) on original issue at the issue price; or ``(II) by purchase of outstanding obligations at the market price. ``(iv) Sale of obligations.--Any obligation acquired by the trust fund may be sold by the Secretary of the Treasury at the market price. ``(v) Credits to trust fund.--The interest on, and the proceeds from the sale or redemption of, any obligations held in the trust fund shall be credited to and form a part of the trust fund. ``(C) Transfers of amounts.-- ``(i) In general.--The amounts required to be transferred to the trust fund under subparagraph (A)(ii) shall be transferred at least quarterly from the general fund of the Treasury to the trust fund on the basis of estimates made by the Secretary of the Treasury. ``(ii) 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. ``(D) Use of funds.-- ``(i) In general.--Amounts in the trust fund shall be used, subject to the availability of funds provided in advance in any appropriations Act, to carry out the program under paragraph (1). ``(ii) Treatment.--Amounts in the trust fund used under clause (i) shall be in addition to, and shall not be considered to be provided in lieu of, any other funds made available to carry out this subsection.''. ______ SA 1566. Mr. WARNER proposed an amendment to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; as follows: At the appropriate place, insert the following: SEC. ___. AVAILABILITY OF CERTAIN AREAS FOR LEASING. Section 8 of the Outer Continental Shelf Lands Act (43 U.S.C. 1337) is amended by adding at the end the following: ``(q) Availability of Certain Areas for Leasing.-- ``(1) Definitions.--In this subsection: ``(A) Atlantic coastal state.--The term `Atlantic Coastal State' means each of the States of Maine, New Hampshire, Massachusetts, Connecticut, Rhode Island, Delaware, New York, New Jersey, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Florida. ``(B) Governor.--The term `Governor' means the Governor of the State. ``(C) Qualified revenues.--The term `qualified revenues' means all rentals, royalties, bonus bids, and other sums due and payable to the United States from leases entered into on or after the date of enactment of this Act for natural gas exploration and extraction activities authorized by the Secretary under this subsection. ``(D) State.--The term `State' means the State of Virginia. ``(2) Petition.-- ``(A) In general.--The Governor may submit to the Secretary-- ``(i) a petition requesting that the Secretary issue leases authorizing the conduct of natural gas exploration activities only to ascertain the presence or absence of a natural gas reserve in any area that is at least 50 miles beyond the coastal zone of the State; and ``(ii) if a petition for exploration by the State described in clause (i) has been approved in accordance with paragraph (3) and the geological finding of the exploration justifies extraction, a second petition requesting that the Secretary issue leases authorizing the conduct of natural gas extraction activities in any area that is at least 50 miles beyond the coastal zone of the State. ``(B) Contents.--In any petition under subparagraph (A), the Governor shall include a detailed plan of the proposed exploration and subsequent extraction activities, as applicable. ``(3) Action by secretary.-- ``(A) In general.--As soon as practicable after the date of receipt of a petition under paragraph (2), the Secretary shall approve or deny the petition. ``(B) Requirements for exploration.--The Secretary shall not approve a petition submitted under paragraph (2)(A)(i) unless the State legislature has enacted legislation supporting exploration for natural gas in the coastal zone of the State. ``(C) Requirements for extraction.--The Secretary shall not approve a petition submitted under paragraph (2)(A)(ii) unless the State legislature has enacted legislation supporting extraction for natural gas in the coastal zone of the State. ``(D) Consistency with legislation.--The plan provided in the petition under paragraph (2)(B) shall be consistent with the legislation described in subparagraph (B) or (C), as applicable. ``(E) Comments from atlantic coastal states.--On receipt of a petition under paragraph (2), the Secretary shall-- ``(i) provide Atlantic Coastal States with an opportunity to provide to the Secretary comments on the petition; and ``(ii) take into consideration, but not be bound by, any comments received under clause (i). ``(4) Disposition of revenues.--Notwithstanding section 9, for each applicable fiscal year, the Secretary of the Treasury shall deposit-- ``(A) 50 percent of qualified revenues in the general fund of the Treasury; and ``(B) 50 percent of qualified revenues in a special account in the Treasury from which the Secretary shall disburse-- ``(i) 75 percent to the State; ``(ii) 12.5 percent to provide financial assistance to States in accordance with section 6 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall be considered income to the Land and Water Conservation Fund for purposes of section 2 of that Act (16 U.S.C. 460l-5); and ``(iii) 12.5 percent to a reserve fund to be used to mitigate for any environmental damage that occurs as a result of extraction activities authorized under this subsection, regardless of whether the damage is-- ``(I) reasonably foreseeable; or ``(II) caused by negligence, natural disasters, or other acts.''. ______ SA 1567. Mr. BINGAMAN (for himself, and Mr. Domenici) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 133, between lines 9 and 10, insert the following: SEC. 246. COMMERCIAL INSULATION DEMONSTRATION PROGRAM. (a) Definitions.--In this section: (1) Advanced insulation.--The term ``advanced insulation'' means insulation that has an R value of not less than R35 per inch. (2) Covered refrigeration unit.--The term ``covered refrigeration unit'' means any-- (A) commercial refrigerated truck; (B) commercial refrigerated trailer; and (C) commercial refrigerator, freezer, or refrigerator- freezer described in section 342(c) of the Energy Policy and Conservation Act (42 U.S.C. 6313(c)). (b) Report.--Not later than 90 days after the date of enactment of this Act, the Secretary shall submit to Congress a report that includes an evaluation of-- (1) the state of technological advancement of advanced insulation; and (2) the projected amount of cost savings that would be generated by implementing advanced insulation into covered refrigeration units. (c) Demonstration Program.-- (1) Establishment.--If the Secretary determines in the report described in subsection (b) that the implementation of advanced insulation into covered refrigeration units would generate an economically justifiable amount of cost savings, the Secretary, in cooperation with manufacturers of covered refrigeration units, shall establish a demonstration program under which the Secretary shall demonstrate the cost- effectiveness of advanced insulation. (2) Disclosure.--Section 623 of the Energy Policy Act of 1992 (42 U.S.C. 13293) may apply to any project carried out under this subsection. (3) Cost-sharing.--Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall [[Page S7758]] apply to any project carried out under this subsection. (d) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2013. ______ SA 1568. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. COORDINATION OF PLANNED REFINERY OUTAGES. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Energy Information Administration. (2) Planned refinery outage.-- (A) In general.--The term ``planned refinery outage'' means a removal, scheduled before the date on which the removal occurs, of a refinery, or any unit of a refinery, from service for maintenance, repair, or modification. (B) Exclusion.--The term ``planned refinery outage'' does not include any necessary and unplanned removal of a refinery, or any unit of a refinery, from service as a result of a component failure, safety hazard, or emergency. (3) Refined petroleum product.--The term ``refined petroleum product'' means any gasoline, diesel fuel, fuel oil, lubricating oil, liquid petroleum gas, or other petroleum distillate that is produced through the refining or processing of crude oil or an oil derived from tar sands, shale, or coal. (4) Refinery.--The term ``refinery'' means a facility used in the production of a refined petroleum product through distillation, cracking, or any other process. (5) Secretary.--The term ``Secretary'' means the Secretary of Energy. (b) Review and Analysis of Available Information.--The Administrator shall, on an ongoing basis-- (1) review information on planned refinery outages that is available from commercial reporting services; (2) analyze that information to determine whether the scheduling of a planned refinery outage may nationally or regionally affect the price or supply of any refined petroleum product by-- (A) decreasing the production of the refined petroleum product; and (B) causing or contributing to a retail or wholesale supply shortage or disruption; (3) not less frequently than twice each year, submit to the Secretary a report describing the results of the review and analysis under paragraphs (1) and (2); and (4) specifically alert the Secretary of any planned refinery outage that the Administrator determines may nationally or regionally affect the price or supply of a refined petroleum product. (c) Action by Secretary.--On a determination by the Secretary, based on a report or alert under paragraph (3) or (4) of subsection (b), that a planned refinery outage may affect the price or supply of a refined petroleum product, the Secretary shall make available to refinery operators information on planned refinery outages to encourage reductions of the quantity of refinery capacity that is out of service at any time. (d) Limitation.--Nothing in this section authorizes the Secretary-- (1) to prohibit a refinery operator from conducting a planned refinery outage; or (2) to require a refinery operator to continue to operate a refinery. ______ SA 1569. Mr. DOMENICI (for himself, and Mr. Bingaman) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; as follows: At the appropriate place, insert the following: SEC. ___. TECHNICAL CRITERIA FOR CLEAN COAL POWER INITIATIVE. Section 402(b)(1)(B)(ii) of the Energy Policy Act of 2005 (42 U.S.C. 15962(b)(1)(B)(ii)) is amended by striking subclause (I) and inserting the following: ``(I)(aa) to remove at least 99 percent of sulfur dioxide; or ``(bb) to emit not more than 0.04 pound SO<inf>2</inf> per million Btu, based on a 30-day average;''. ______ SA 1570. Mr. INHOFE (for himself, Mr. Thune, and Mr. Craig) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; as follows: At the end of title IV, add the following: Subtitle D--Miscellaneous SEC. 471. AUDITS AND REPORTS. (a) In General.--Title I of the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.) is amended by adding at the end the following: ``SEC. 1021. AUDITS AND REPORTS. ``(a) Audits.--Not later than April 30 of the fiscal year in which this section is enacted, and every 2 years thereafter, the President shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an audit conducted by the Comptroller General of the United States that includes a detailed accounting of all funds from the Fund in excess of $100,000 that are-- ``(1) disbursed by the National Pollution Funds Center; and ``(2) administered and managed by the receiving agencies, including final payments made through agencies, contractors, and subcontractors. ``(b) Reports.--Not later than February 28 of the fiscal year in which this section is enacted, and every February 28 thereafter, the Secretary, the Secretary of the Interior, the Secretary of Transportation, the Administrator of the Environmental Protection Agency, and the heads of any other Federal agencies that, during the preceding fiscal year, received funds from the Fund in excess of $100,000, shall-- ``(1) provide to the President a report accounting for the uses of the funds by the Federal agency, including a description of ways in which those uses relate to-- ``(A) oil pollution liability, compensation, prevention, preparedness, and removal; ``(B) natural resource damage assessment and restoration; ``(C) oil pollution research and development; and ``(D) other activities authorized by this Act; and ``(2) make each report available to the public and other interested parties via the Internet website of the National Pollution Funds Center. ``(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section.''. (b) Conforming Amendment.--The table of contents in section 2 of the Oil Pollution Act of 1990 (33 U.S.C. prec. 1001) is amended by inserting after the item relating to section 1020 the following: ``Sec. 1021. Audits and reports''. ______ SA 1571. Mr. HAGEL submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; as follows: At the end of subtitle D of title II, add the following: SEC. 255. ENERGY-RELATED RESEARCH AND DEVELOPMENT. (a) Findings.--Congress finds that-- (1) information and opinions provided by individuals and entities of the academic and industrial sectors should be an important consideration with respect to energy-related research and development activities carried out by the Federal Government; (2) in carrying out energy-related research and development activities, the Federal Government should regularly seek input from multiple sources, including the industrial sector, academia, and other relevant sectors; (3) research is better focused around well-defined problems that need to be resolved; (4) a number of potential problems to be resolved are likely to require input from a diverse selection of technologies and contributing sectors; (5) sharing of information relating to energy research and development is important to the development and innovation of energy technologies; (6) necessary intellectual property protection can lead to delays in sharing valuable information that could aid in resolving major energy-related problems; (7) the Federal Government should facilitate the sharing of information from a diverse array of industries by ensuring the protection of intellectual property while simultaneously creating an environment of openness and cooperation; and (8) the Federal Government should revise the methods of the Federal Government regarding energy-related research and development to encourage faster development and implementation of energy technologies. [[Page S7759]] (b) Definitions.--In this section: (1) Network.--The term ``network'' means the Energy Technologies Innovation Network established by subsection (d)(1). (2) Secretary.--The term ``Secretary'' means the Secretary of Energy. (3) Survey.--The term ``survey'' means a survey conducted pursuant to subsection (c). (c) Energy-Related Research and Development Priorities.-- (1) In general.--Not less frequently than once every 5 years, the Secretary shall conduct a survey in accordance with this subsection to determine the 10 highest-priority energy-related problems to resolve to ensure the goals of-- (A) maximizing the energy security of the United States; (B) maximizing improvements in energy efficiency within the United States; and (C) minimizing damage to the economy and the environment of the United States. (2) Survey.-- (A) In general.--Each survey shall contain a request that the respondent shall list, in descending order of priority, the 10 highest-priority energy-related problems that, in the opinion of the respondent, require resolution as quickly as practicable to ensure the goals described in paragraph (1). (B) Announcement.--The Secretary shall announce the existence of each survey by-- (i) publishing an announcement in the Federal Register; and (ii) placing an announcement in a prominent position on the homepage of the website of the Department of the Energy. (C) Availability.--The Secretary shall ensure that each survey is made available-- (i) in an electronic format only through a link on the Department of Energy website; (ii) for a period of not less than 21 days and not more than 30 days; and (iii) to any individual or entity that elects to participate. (D) Additional information gathering.--Each survey-- (i) shall require each respondent to provide information regarding-- (I) the age of the respondent; (II) the occupational category of the respondent; (III) the period of time during which the respondent has held the current occupation of the respondent; and (IV) the State and country in which the respondent resides; and (ii) may request, but shall not require-- (I) the name of the respondent; (II) an identification of the employer of the respondent; (III) the electronic mail address of the respondent; and (IV) such other information as the Secretary determines to be appropriate. (E) Respondents.--The Secretary shall seek responses to a survey from appropriate representatives of-- (i) the energy, transportation, manufacturing, construction, mining, and electronic industries; (ii) academia; (iii) research facilities; (iv) nongovernmental organizations; (v) the Federal Government; and (vi) units of State and local government. (F) Nonpolitical requirement.--The Secretary shall ensure that each survey is conducted, to the maximum extent practicable-- (i) in a transparent, nonpolitical, and scientific manner; and (ii) without any political bias. (G) Report.--Not later than 180 days after the date on which a survey under this subsection is no longer available under subparagraph (C)(ii), the Secretary shall submit to Congress and make available to the public (including through publication in the Federal Register and on the website of the Department of Energy) a report that-- (i) describes the results of the survey; and (ii) includes a list of the 10 highest-priority energy- related problems based on all responses to the survey. (3) Effect of results on energy-related research and development.-- (A) In general.--Subject to subparagraph (B), on receipt of a report under paragraph (2)(G), the Secretary shall ensure that, during the 5-year period beginning on the date of receipt of the report, all energy-related research and development activities of the Department of Energy are carried out for the purpose of resolving, to the maximum extent practicable, the 10 problems included on the list of the report under paragraph (2)(G)(ii). (B) Additional problems.--In addition to the activities described in subparagraph (A), during the 5-year period beginning on the date of receipt of a report under paragraph (2)(G), the Secretary may carry out, using the same quantity of resources as are allocated to [any 1 energy-related problem] included on the list of the report under paragraph (2)(G)(ii), energy-related research and development activities for the purpose of resolving, to the maximum extent practicable, 2 additional energy-related problems that-- (i) are not included on the list; and (ii) are high-priority energy-related problems, as determined by the Secretary. (d) Energy Technologies Innovation Network.-- (1) Establishment.--There is established an information and collaboration network, to be known as the ``Energy Technologies Innovation Network''. (2) Purpose.--The purpose of the network shall be to provide a forum through which interested parties (including scientists and entrepreneurs) can present, discuss, and collaborate with respect to information and ideas relating to energy technologies. (3) Operation of network.-- (A) In general.--The Secretary shall offer to enter into a contract, after an open bidding process, with a third party to operate the network. (B) Requirements.--The third party selected under subparagraph (A) shall-- (i) have experience with respect to the establishment and maintenance of a comprehensive database of Federal research and development projects that is-- (I) easily searchable; (II) open to the public; and (III) capable of expansion; (ii) provide a secure electronic forum to enable collaboration among users of the network; and (iii) collaborate with the Secretary to protect the intellectual property rights of individual users and governmental agencies participating in the network in accordance with paragraph (6). (4) Required contributors.--Each research laboratory or other facility that receives Federal funding shall provide to the network the results of the research conducted using that funding, regardless of whether the research relates to energy, subject to the condition that revelation of the research will not adversely effect national security. (5) Other contributors.--Other entities, including entities in the academic and industrial sectors and individuals, may participate in the network to actively contribute to resolving-- (A) the energy-related problems included on the list of the report under subsection (c)(2)(G)(ii); or (B) any other energy-related problem that the contributor determines would advance the goals described in subsection (c)(1). (6) Protection of information and ideas.--In collaborating with a third party in operating the network under paragraph (3), the Secretary shall employ such individuals and entities with experience relating to-- (A) intellectual property as the Secretary determines to be necessary to ensure that-- (i) information and ideas presented, and discussed in the network are-- (I) monitored with respect to the intellectual property owners and components of the information or ideas; and (II) protected in accordance with applicable Federal intellectual property law (including regulations); (ii) information and ideas developed within the network are-- (I) monitored with respect to the intellectual property components of the developers of the information or ideas; and (II) protected in accordance with applicable Federal intellectual property law (including regulations); and (iii) contributors to the network are provided adequate assurances that intellectual property rights of the contributors will be protected with respect to participation in the network; (B) setting up, maintaining, and operating a network that ensures security and reliability. (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. ______ SA 1572. Mr. SALAZAR (for himself, Mr. Bayh, Mr. Brownback, Mr. Lieberman, Mr. Coleman, Ms. Cantwell, Mrs. Lincoln, Mrs. Clinton, Mr. Biden, Ms. Klobuchar, and Mr. Durbin) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; as follows: On page 119, line 1, strike ``transportation technology'' and insert ``vehicles''. On page 121, line 4, after ``equipment'' insert ``and developing new manufacturing processes and material suppliers''. On page 126, strike lines 9 and 10 and insert the following: (iii) electrode-active materials, including electrolytes and bioelectrolytes; On page 126, strike lines 12 and 13 and insert the following: (v) modeling and simulation; and (vi) thermal behavior and life degradation mechanisms. On page 130, strike lines 5 through line 13 and insert the following: (1) Definitions.--In this subsection: (A) Battery.--The term ``battery'' means an electrochemical energy storage device powered directly by electrical current. (B) Plug-in electric drive vehicle.--The term ``plug-in electric drive vehicle'' means a light-duty, medium-duty, or heavy-duty on-road or nonroad battery electric, hybrid, or fuel cell vehicle that can be recharged from an external source of electricity for motive power. On page 130, line 16, insert ``plug-in'' before ``electric''. On page 130, strike lines 17 through 21 and insert the following: [[Page S7760]] (3) Eligibility.-- (A) In general.--A State government, local government, metropolitan transportation authority, air pollution control district, private entity, and nonprofit entity shall be eligible to receive a grant under this subsection. (B) Certain applicants.--A battery manufacturer that proposes to supply to an applicant for a grant under this section a battery with a capacity of greater than 1 kilowatt- hour for use in a plug-in electric drive vehicle shall-- (i) ensure that the applicant includes in the application a description of the price of the battery per kilowatt hour; (ii) on approval by the Secretary of the application, publish, or permit the Secretary to publish, the price described in clause (i); and (iii) for any order received by the battery manufacturer for at least 1,000 batteries, offer the batteries at that price. On page 131, line 2, insert ``plug-in'' before ``electric''. Beginning on page 132, strike line 1 and all that follows through page 133, line 9, and insert the following: (b) Near-Term Electric Drive Transportation Deployment Program.-- (1) Definition of qualified electric transportation project.-- (A) In general.--In this subsection, the term ``qualified electric transportation project'' means a project that would simultaneously reduce emissions of criteria pollutants, greenhouse gas emissions, and petroleum usage by at least 40 percent as compared to commercially available, petroleum- based technologies. (B) Inclusions.--In this subsection, the term ``qualified electric transportation project'' includes a project relating to-- (i) shipside or shoreside electrification for vessels; (ii) truck-stop electrification; (iii) electric truck refrigeration units; (iv) battery powered auxiliary power units for trucks; (v) electric airport ground support equipment; (vi) electric material and cargo handling equipment; (vii) electric or dual-mode electric freight rail; (viii) any distribution upgrades needed to supply electricity to the project; and (ix) any ancillary infrastructure, including panel upgrades, battery chargers, in-situ transformers, and trenching. (2) Establishment.--Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation and the Administrator of the Environmental Protection Agency, shall establish a program to provide grants and loans to eligible entities for the conduct of qualified electric transportation projects. (3) Grants.-- (A) In general.--Of the amounts made available for grants under paragraph (2)-- (i) \2/3\ shall be made available by the Secretary on a competitive basis for qualified electric transportation projects based on the overall cost-effectiveness of a qualified electric transportation project in reducing emissions of criteria pollutants, emissions of greenhouse gases, and petroleum usage; and (ii) \1/3\ shall be made available by the Secretary for qualified electric transportation projects in the order that the grant applications are received, if the qualified electric transportation projects meet the minimum standard for the reduction of emissions of criteria pollutants, emissions of greenhouse gases, and petroleum usage described in paragraph (1)(A). (B) Priority.--In providing grants under this paragraph, the Secretary shall give priority to large-scale projects and large-scale aggregators of projects. (C) Cost sharing.--Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to a grant made under this paragraph. (4) Revolving loan program.-- (A) In general.--The Secretary shall establish a revolving loan program to provide loans to eligible entities for the conduct of qualified electric transportation projects under paragraph (2). (B) Criteria.--The Secretary shall establish criteria for the provision of loans under this paragraph. (C) Funding.--Of amounts made available to carry out this subsection, the Secretary shall use any amounts not used to provide grants under paragraph (3) to carry out the revolving loan program under this paragraph. (c) Market Assessment Program.--The Administrator of the Environmental Protection Agency, in consultation with the Secretary and private industry, shall carry out a program-- (1) to inventory and analyze existing electric drive transportation technologies and hybrid technologies and markets; and (2) to identify and implement methods of removing barriers for existing and emerging applications of electric drive transportation technologies and hybrid transportation technologies. (d) Electricity Usage Program.-- (1) In general.--The Secretary, in consultation with the Administrator of the Environmental Protection Agency and private industry, shall carry out a program-- (A) to work with utilities to develop low-cost, simple methods of-- (i) using off-peak electricity; or (ii) managing on-peak electricity use; (B) to develop systems and processes-- (i) to enable plug-in electric vehicles to enhance the availability of emergency back-up power for consumers; (ii) to study and demonstrate the potential value to the electric grid to use the energy stored in the on-board storage systems to improve the efficiency and reliability of the grid generation system; and (iii) to work with utilities and other interested stakeholders to study and demonstrate the implications of the introduction of plug-in electric vehicles and other types of electric transportation on the production of electricity from renewable resources. (2) Off-peak electricity usage grants.--In carrying out the program under paragraph (1), the Secretary shall provide grants to assist eligible public and private electric utilities for the conduct of programs or activities to encourage owners of electric drive transportation technologies-- (A) to use off-peak electricity; or (B) to have the load managed by the utility. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out subsections (b), (c), and (d) $125,000,000 for each of fiscal years 2008 through 2013. On page 133, between lines 9 and 10, insert the following: (f) Electric Drive Transportation Technologies.-- (1) Definitions.--In this subsection: (A) Battery.--The term ``battery'' means an electrochemical energy storage device powered directly by electrical current. (B) Electric drive transportation technology.--The term ``electric drive transportation technology'' means-- (i) technology used in vehicles that use an electric motor for all or part of the motive power of the vehicles, including battery electric, hybrid electric, plug-in hybrid electric, fuel cell, and plug-in fuel cell vehicles, or rail transportation; or (ii) equipment relating to transportation or mobile sources of air pollution that use an electric motor to replace an internal combustion engine for all or part of the work of the equipment, including-- (I) corded electric equipment linked to transportation or mobile sources of air pollution; and (II) electrification technologies at airports, ports, truck stops, and material-handling facilities. (C) Energy storage device.-- (i) In general.--The term ``energy storage device'' means the onboard device used in an on-road or nonroad vehicle to store energy, or a battery, ultracapacitor, compressed air energy storage system, or flywheel used to store energy in a stationary application. (ii) Inclusions.--The term ``energy storage device'' includes-- (I) in the case of an electric or hybrid electric or fuel cell vehicle, a battery, ultracapacitor, or similar device; and (II) in the case of a hybrid hydraulic vehicle, an accumulator or similar device. (D) Engine dominant hybrid vehicle.--The term ``engine dominant hybrid vehicle'' means an on-road or nonroad vehicle that-- (i) is propelled by an internal combustion engine or heat engine using-- (I) any combustible fuel; and (II) an on-board, rechargeable energy storage device; and (ii) has no means of using an off-board source of energy. (E) Nonroad vehicle.--The term ``nonroad vehicle'' means a vehicle-- (i) powered by-- (I) a nonroad engine, as that term is defined in section 216 of the Clean Air Act (42 U.S.C. 7550); or (II) fully or partially by an electric motor powered by a fuel cell, a battery, or an off-board source of electricity; and (ii) that is not a motor vehicle or a vehicle used solely for competition. (F) Plug-in electric drive vehicle.--The term ``plug-in electric drive vehicle'' means a light-duty, medium-duty, or heavy-duty on-road or nonroad battery electric, hybrid, or fuel cell vehicle that can be recharged from an external source of electricity for motive power. (G) Plug-in hybrid electric vehicle.--The term ``plug-in hybrid electric vehicle'' means a light-duty, medium-duty, or heavy-duty on-road or nonroad vehicle that is propelled by any combination of-- (i) an electric motor and on-board, rechargeable energy storage system capable of operating the vehicle in intermittent or continuous all-electric mode and which is rechargeable using an off-board source of electricity; and (ii) an internal combustion engine or heat engine using any combustible fuel. (2) Evaluation of plug-in electric drive transportation technology benefits.-- (A) In general.--The Secretary, in cooperation with the Administrator of the Environmental Protection Agency, the heads of other appropriate Federal agencies, and appropriate interested stakeholders, shall evaluate and, as appropriate, modify existing test protocols for fuel economy and emissions to ensure that any protocols for electric drive transportation technologies, including plug-in electric drive vehicles, accurately measure the fuel economy and emissions performance of the electric drive transportation technologies. (B) Requirements.--Test protocols (including any modifications to test protocols) for electric drive transportation technologies under subparagraph (A) shall-- [[Page S7761]] (i) be designed to assess the full potential of benefits in terms of reduction of emissions of criteria pollutants, reduction of energy use, and petroleum reduction; and (ii) consider-- (I) the vehicle and fuel as a system, not just an engine; (II) nightly off-board charging, as applicable; and (III) different engine-turn on speed control strategies. (3) Electric drive transportation research and development.--The Secretary shall conduct an applied research program for electric drive transportation technology and engine dominant hybrid vehicle technology, including-- (A) high-capacity, high-efficiency energy storage devices that, as compared to existing technologies that are in commercial service, have improved life, energy storage capacity, and power delivery capacity; (B) high-efficiency on-board and off-board charging components; (C) high-power and energy-efficient drivetrain systems for passenger and commercial vehicles and for nonroad vehicles; (D) development and integration of control systems and power trains for plug-in hybrid electric vehicles, plug-in hybrid fuel cell vehicles, and engine dominant hybrid vehicles, including-- (i) development of efficient cooling systems; (ii) analysis and development of control systems that minimize the emissions profile in cases in which clean diesel engines are part of a plug-in hybrid drive system; and (iii) development of different control systems that optimize for different goals, including-- (I) prolonging energy storage device life; (II) reduction of petroleum consumption; and (III) reduction of greenhouse gas emissions; (E) application of nanomaterial technology to energy storage devices and fuel cell systems; and (F) use of smart vehicle and grid interconnection devices and software that enable communications between the grid of the future and electric drive transportation technology vehicles. (4) Education program.-- (A) In general.--The Secretary shall develop a nationwide electric drive transportation technology education program under which the Secretary shall provide-- (i) teaching materials to secondary schools and high schools; and (ii) assistance for programs relating to electric drive system and component engineering to institutions of higher education. (B) Electric vehicle competition.--The program established under subparagraph (A) shall include a plug-in hybrid electric vehicle competition for institutions of higher education, which shall be known as the ``Dr. Andrew Frank Plug-In Hybrid Electric Vehicle Competition''. (C) Engineers.--In carrying out the program established under subparagraph (A), the Secretary shall provide financial assistance to institutions of higher education to create new, or support existing, degree programs to ensure the availability of trained electrical and mechanical engineers with the skills necessary for the advancement of-- (i) plug-in electric drive vehicles; and (ii) other forms of electric drive transportation technology vehicles. (5) Authorization of appropriations.--There are authorized to be appropriated for each of fiscal years 2008 through 2013-- (A) to carry out paragraph (3) $200,000,000; and (B) to carry out paragraph (4) $5,000,000. (g) Collaboration and Merit Review.-- (1) Collaboration with national laboratories.--To the maximum extent practicable, National Laboratories shall collaborate with the public, private, and academic sectors and with other National Laboratories in the design, conduct, and dissemination of the results of programs and activities authorized under this section. (2) Collaboration with mobile energy storage program.--To the maximum extent practicable, the Secretary shall seek to coordinate the stationary and mobile energy storage programs of the Department of the Energy with the programs and activities authorized under this section (3) Merit review.--Notwithstanding section 989 of the Energy Policy Act of 2005 (42 U.S.C. 16353), of the amounts made available to carry out this section, not more than 30 percent shall be provided to National Laboratories. SEC. 246. INCLUSION OF ELECTRIC DRIVE IN ENERGY POLICY ACT OF 1992. Section 508 of the Energy Policy Act of 1992 (42 U.S.C. 13258) is amended-- (1) by redesignating subsections (a) through (d) as subsections (b) through (e), respectively; (2) by inserting before subsection (b) the following: ``(a) Definitions.--In this section: ``(1) Fuel cell electric vehicle.--The term `fuel cell electric vehicle' means an on-road or nonroad vehicle that uses a fuel cell (as defined in section 803 of the Spark M. Matsunaga Hydrogen Act of 2005 (42 U.S.C. 16152)). ``(2) Hybrid electric vehicle.--The term `hybrid electric vehicle' means a new qualified hybrid motor vehicle (as defined in section 30B(d)(3) of the Internal Revenue Code of 1986). ``(3) Medium- or heavy-duty electric vehicle.--The term `medium- or heavy-duty electric vehicle' means an electric, hybrid electric, or plug-in hybrid electric vehicle with a gross vehicle weight of more than 8,501 pounds. ``(4) Neighborhood electric vehicle.--The term `neighborhood electric vehicle' means a 4-wheeled on-road or nonroad vehicle that-- ``(A) has a top attainable speed in 1 mile of more than 20 mph and not more than 25 mph on a paved level surface; and ``(B) is propelled by an electric motor and on-board, rechargeable energy storage system that is rechargeable using an off-board source of electricity. ``(5) Plug-in hybrid electric vehicle.--The term `plug-in hybrid electric vehicle' means a light-duty, medium-duty, or heavy-duty on-road or nonroad vehicle that is propelled by any combination of-- ``(A) an electric motor and on-board, rechargeable energy storage system capable of operating the vehicle in intermittent or continuous all-electric mode and which is rechargeable using an off-board source of electricity; and ``(B) an internal combustion engine or heat engine using any combustible fuel.''; (3) in subsection (b) (as redesignated by paragraph (1))-- (A) by striking ``The Secretary'' and inserting the following: ``(1) Allocation.--The Secretary''; and (B) by adding at the end the following: ``(2) Electric vehicles.--Not later than January 31, 2009, the Secretary shall-- ``(A) allocate credit in an amount to be determined by the Secretary for-- ``(i) acquisition of-- ``(I) a hybrid electric vehicle; ``(II) a plug-in hybrid electric vehicle; ``(III) a fuel cell electric vehicle; ``(IV) a neighborhood electric vehicle; or ``(V) a medium- or heavy-duty electric vehicle; and ``(ii) investment in qualified alternative fuel infrastructure or nonroad equipment, as determined by the Secretary; and ``(B) allocate more than 1, but not to exceed 5, credits for investment in an emerging technology relating to any vehicle described in subparagraph (A) to encourage-- ``(i) a reduction in petroleum demand; ``(ii) technological advancement; and ``(iii) a reduction in vehicle emissions.''; (4) in subsection (c) (as redesignated by paragraph (1)), by striking ``subsection (a)'' and inserting ``subsection (b)''; and (5) by adding at the end the following: ``(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2013.''. On page 144, line 8, insert ``and the use of 2-wheeled electric drive devices'' after ``bicycling''. ______ SA 1573. Ms. KLOBUCHAR (for Mr. Bingaman (for himself, Mr. Reid, Mr. Cardin, and Mr. Salazar)) proposed an amendment to amendment SA 1537 proposed by Mr. Reid (for Mr. Bingaman (for himself, Mr. Reid, Mr. Cardin, Mr. Salazar, Ms. Snowe, and Mr. Durbin)) to the amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: Strike all after Title in the first line of the amendment and insert the following: VIII--RENEWABLE PORTFOLIO STANDARD SEC. 801. RENEWABLE PORTFOLIO STANDARD. (a) In General.--Title VI of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by adding at the end the following: ``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD. ``(a) Renewable Energy Requirement.-- ``(1) In general.--Each electric utility that sells electricity to electric consumers shall obtain a percentage of the base amount of electricity it sells to electric consumers in any calendar year from new renewable energy or existing renewable energy. The percentage obtained in a calendar year shall not be less than the amount specified in the following table: ``Calendar year: Minimum annual percentage: 2010 through 2012..................................................3.75 2013 through 2016..................................................7.50 2017 through 2019.................................................11.25 2020 through 2030..................................................15.0 ``(2) Means of compliance.--An electric utility shall meet the requirements of paragraph (1) by-- ``(A) submitting to the Secretary renewable energy credits issued under subsection (b); ``(B) making alternative compliance payments to the Secretary at the rate of 2 cents per kilowatt hour (as adjusted for inflation under subsection (g)); or ``(C) a combination of activities described in subparagraphs (A) and (B). ``(3) Special rule.--Nothing in this section authorizes or requires the Tennessee Valley Authority to make any capital expenditure on new generating capacity, except to the [[Page S7762]] extent that budget authority for the expenditure is provided in advance in an appropriations Act. ``(b) Federal Renewable Energy Credit Trading Program.-- ``(1) In general.--Not later than July 1, 2009, the Secretary shall establish a Federal renewable energy credit trading program under which electric utilities shall submit to the Secretary renewable energy credits to certify the compliance of the electric utilities with respect to obligations under subsection (a)(1). ``(2) Administration.--As part of the program, the Secretary shall-- ``(A) issue tradeable renewable energy credits to generators of electric energy from new renewable energy; ``(B) issue nontradeable renewable energy credits to generators of electric energy from existing renewable energy; ``(C) issue renewable energy credits to electric utilities associated with State renewable portfolio standard compliance mechanisms pursuant to subsection (h); ``(D) ensure that a kilowatt hour, including the associated renewable energy credit, shall be used only once for purposes of compliance with this Act; ``(E) allow double credits for generation from facilities on Indian land, and triple credits for generation from small renewable distributed generators (meaning those no larger than 1 megawatt); and ``(F) ensure that, with respect to a purchaser that, as of the date of enactment of this section, has a purchase agreement from a renewable energy facility placed in service before that date, the credit associated with the generation of renewable energy under the contract is issued to the purchaser of the electric energy to the extent that the contract does not already provide for the allocation of the Federal credit. ``(3) Duration.--A credit described in subparagraph (A), (B), or (C) of paragraph (2) may only be used for compliance with this section during the 3-year period beginning on the date of issuance of the credit. ``(4) Transfers.--An electric utility that holds credits in excess of the quantity of credits needed to comply with subsection (a) may transfer the credits to another electric utility in the same utility holding company system. ``(5) Delegation of market function.--The Secretary may delegate to an appropriate market-making entity the administration of a national tradeable renewable energy credit market for purposes of creating a transparent national market for the sale or trade of renewable energy credits. ``(c) Enforcement.-- ``(1) Civil penalties.--Any electric utility that fails to meet the compliance requirements of subsection (a) shall be subject to a civil penalty. ``(2) Amount of penalty.--The amount of the civil penalty shall be determined by multiplying the number of kilowatt- hours of electric energy sold to electric consumers in violation of subsection (a) by the greater of-- ``(A) the value of the alternative compliance payment, as adjusted to reflect changes for the 12-month period ending the preceding November 30 in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor; or ``(B) 200 percent of the average market value of renewable energy credits during the year in which the violation occurred. ``(3) Mitigation or waiver.-- ``(A) Penalty.-- ``(i) In general.--The Secretary may mitigate or waive a civil penalty under this subsection if the electric utility is unable to comply with subsection (a) for a reason outside of the reasonable control of the utility. ``(ii) Amount.--The Secretary shall reduce the amount of any penalty determined under paragraph (2) by the amount paid by the electric utility to a State for failure to comply with the requirement of a State renewable energy program if the State requirement is greater than the applicable requirement of subsection (a). ``(B) Requirement.--The Secretary may waive the requirements of subsection (a) for a period of up to 5 years with respect to an electric utility if the Secretary determines that the electric utility cannot meet the requirements because of a hurricane, tornado, fire, flood, earthquake, ice storm, or other natural disaster or act of God beyond the reasonable control of the utility. ``(4) Procedure for assessing penalty.--The Secretary shall assess a civil penalty under this subsection in accordance with the procedures prescribed by section 333(d) of the Energy Policy and Conservation Act of 1954 (42 U.S.C. 6303). ``(d) State Renewable Energy Account Program.-- ``(1) In general.--There is established in the Treasury a State renewable energy account program. ``(2) Deposits.--All money collected by the Secretary from alternative compliance payments and the assessment of civil penalties under this section shall be deposited into the renewable energy account established pursuant to this subsection. ``(3) Use.--Proceeds deposited in the State renewable energy account shall be used by the Secretary, subject to appropriations, for a program to provide grants to the State agency responsible for developing State energy conservation plans under section 362 of the Energy Policy and Conservation Act (42 U.S.C. 6322) for the purposes of promoting renewable energy production, including programs that promote technologies that reduce the use of electricity at customer sites such as solar water heating. ``(4) Administration.--The Secretary may issue guidelines and criteria for grants awarded under this subsection. State energy offices receiving grants under this section shall maintain such records and evidence of compliance as the Secretary may require. ``(5) Preference.--In allocating funds under this program, the Secretary shall give preference-- ``(A) to States in regions which have a disproportionately small share of economically sustainable renewable energy generation capacity; and ``(B) to State programs to stimulate or enhance innovative renewable energy technologies. ``(e) Rules.--The Secretary shall issue rules implementing this section not later than 1 year after the date of enactment of this section. ``(f) Exemptions.--This section shall not apply in any calendar year to an electric utility-- ``(1) that sold less than 4,000,000 megawatt-hours of electric energy to electric consumers during the preceding calendar year; or ``(2) in Hawaii. ``(g) Inflation Adjustment.--Not later than December 31 of each year beginning in 2008, the Secretary shall adjust for inflation the rate of the alternative compliance payment under subsection (a)(2)(B) and the amount of the civil penalty per kilowatt-hour under subsection (c)(2). ``(h) State Programs.-- ``(1) In general.--Nothing in this section diminishes any authority of a State or political subdivision of a State to adopt or enforce any law or regulation respecting renewable energy or the regulation of electric utilities, but, except as provided in subsection (c)(3), no such law or regulation shall relieve any person of any requirement otherwise applicable under this section. The Secretary, in consultation with States having such renewable energy programs, shall, to the maximum extent practicable, facilitate coordination between the Federal program and State programs. ``(2) Regulations.-- ``(A) In general.--The Secretary, in consultation with States, shall promulgate regulations to ensure that an electric utility that is subject to the requirements of this section and is subject to a State renewable energy standard receives renewable energy credits if-- ``(i) the electric utility complies with State standard by generating or purchasing renewable electric energy or renewable energy certificates or credits; or ``(ii) the State imposes or allows other mechanisms for achieving the State standard, including the payment of taxes, fees, surcharges, or other financial obligations. ``(B) Amount of credits.--The amount of credits received by an electric utility under this subsection shall equal-- ``(i) in the case of subparagraph (A)(i), the renewable energy resulting from the generation or purchase by the electric utility of existing renewable energy or new renewable energy; and ``(ii) in the case of subparagraph (A)(ii), the pro rata share of the electric utility, based on the contributions to the mechanism made by the electric utility or customers of the electric utility, in the State, of the renewable energy resulting from those mechanisms. ``(C) Prohibition on double counting.--The regulations promulgated under this paragraph shall ensure that a kilowatt-hour associated with a renewable energy credit issued pursuant to this subsection shall not be used for compliance with this section more than once. ``(i) Definitions.--In this section: ``(1) Base amount of electricity.--The term `base amount of electricity' means the total amount of electricity sold by an electric utility to electric consumers in a calendar year, excluding-- ``(A) electricity generated by a hydroelectric facility (including a pumped storage facility but excluding incremental hydropower); and ``(B) electricity generated through the incineration of municipal solid waste. ``(2) Distributed generation facility.--The term `distributed generation facility' means a facility at a customer site. ``(3) Existing renewable energy.--The term `existing renewable energy' means, except as provided in paragraph (7)(B), electric energy generated at a facility (including a distributed generation facility) placed in service prior to January 1, 2001, from solar, wind, or geothermal energy, ocean energy, biomass (as defined in section 203(a) of the Energy Policy Act of 2005), or landfill gas. ``(4) Geothermal energy.--The term `geothermal energy' means energy derived from a geothermal deposit (within the meaning of section 613(e)(2) of the Internal Revenue Code of 1986). ``(5) Incremental geothermal production.-- ``(A) In general.--The term `incremental geothermal production' means for any year the excess of-- ``(i) the total kilowatt hours of electricity produced from a facility (including a distributed generation facility) using geothermal energy; over [[Page S7763]] ``(ii) the average annual kilowatt hours produced at such facility for 5 of the previous 7 calendar years before the date of enactment of this section after eliminating the highest and the lowest kilowatt hour production years in such 7-year period. ``(B) Special rule.--A facility described in subparagraph (A) that was placed in service at least 7 years before the date of enactment of this section shall, commencing with the year in which such date of enactment occurs, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average percentage decrease in the annual kilowatt hour production for the 7-year period described in subparagraph (A)(ii) with such cumulative sum not to exceed 30 percent. ``(6) Incremental hydropower.--The term `incremental hydropower' means additional energy generated as a result of efficiency improvements or capacity additions made on or after January 1, 2001, or the effective date of an existing applicable State renewable portfolio standard program at a hydroelectric facility that was placed in service before that date. The term does not include additional energy generated as a result of operational changes not directly associated with efficiency improvements or capacity additions. Efficiency improvements and capacity additions shall be measured on the basis of the same water flow information used to determine a historic average annual generation baseline for the hydroelectric facility and certified by the Secretary or the Federal Energy Regulatory Commission. ``(7) New renewable energy.--The term `new renewable energy' means-- ``(A) electric energy generated at a facility (including a distributed generation facility) placed in service on or after January 1, 2001, from-- ``(i) solar, wind, or geothermal energy or ocean energy; ``(ii) biomass (as defined in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)); ``(iii) landfill gas; or ``(iv) incremental hydropower; and ``(B) for electric energy generated at a facility (including a distributed generation facility) placed in service before January 1, 2001-- ``(i) the additional energy above the average generation during the period beginning on January 1, 1998, and ending on January 1, 2001, at the facility from-- ``(I) solar or wind energy or ocean energy; ``(II) biomass (as defined in section 203(b) of the Energy Policy Act of 2005 (42 U.S.C. 15852(b)); ``(III) landfill gas; or ``(IV) incremental hydropower; and ``(ii) incremental geothermal production. ``(8) Ocean energy.--The term `ocean energy' includes current, wave, tidal, and thermal energy. ``(j) Sunset.--This section expires on December 31, 2030.''. (b) Table of Contents Amendment.--The table of contents of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. prec. 2601) is amended by adding at the end of the items relating to title VI the following: ``Sec. 610. Federal renewable portfolio standard.''. This Title shall take effect one day after the date of this bill's enactment. ______ SA 1574. Mr. LAUTENBERG submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 161, between lines 2 and 3, insert the following: SEC. 269. FEDERAL GREENHOUSE GAS EMISSIONS. The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by adding at the end the following: ``TITLE VII--FEDERAL GREENHOUSE GAS EMISSIONS ``SEC. 701. DEFINITIONS. ``In this title: ``(1) Agency emission baseline.--The term `agency emission baseline', with respect to a Federal agency, means such quantity of the aggregate quantity of direct emissions, energy indirect emissions, and indirect emissions used to calculate the emission baseline as is attributable to the Federal agency. ``(2) Direct emission.--The term `direct emission' means an emission of a greenhouse gas directly from a source owned or controlled by the Federal Government, such as from a fleet of motor vehicles. ``(3) Emission allowance.--The term `emission allowance' means an authorization to emit, for any fiscal year, 1 ton of carbon dioxide (or the equivalent quantity of any other greenhouse gas, as determined by the Administrator). ``(4) Emission baseline.--The term `emission baseline' means a quantity of greenhouse gas emissions equal to the aggregate quantity of direct emissions, energy indirect emissions, and indirect emissions for fiscal year 2005, as determined by the Office in accordance with section 702(b)(3). ``(5) Energy indirect emission.--The term `energy indirect emission' means an emission of a greenhouse gas resulting from the production of electricity purchased and used by the Federal Government. ``(6) Greenhouse gas.--The term `greenhouse gas' means any of-- ``(A) carbon dioxide; ``(B) methane; ``(C) nitrous oxide; ``(D) hydrofluorocarbons; ``(E) perfluorocarbons; and ``(F) sulfur hexafluoride. ``(7) Indirect emission.-- ``(A) In general.--The term `indirect emission' means an emission of greenhouse gases resulting from the conduct of a project or activity (including outsourcing of a project or activity) by the Federal Government (or any Federal officer or employee acting in an official capacity). ``(B) Inclusions.--The term `indirect emission' includes an emission of a greenhouse gas resulting from-- ``(i) employee travel; or ``(ii) the use of an energy-intensive material, such as paper. ``(C) Exclusion.--The term `indirect emission' does not include an energy indirect emission. ``(8) Office.--The term `Office' means the Federal Emissions Inventory Office established by section 702(a). ``(9) Protocol.--The term `protocol' means the Greenhouse Gas Protocol Corporate Accounting and Reporting Standard developed by the World Resources Institute and World Business Council on Sustainable Development. ``SEC. 702. FEDERAL EMISSIONS INVENTORY OFFICE. ``(a) Establishment.--There is established within the Environmental Protection Agency an office to be known as the `Federal Emissions Inventory Office'. ``(b) Duties.--The Office shall-- ``(1) as soon as practicable after the date of enactment of this title, develop an emission inventory or other appropriate system to measure and verify direct emissions, energy indirect emissions, indirect emissions, and offsets of those emissions; ``(2) ensure that the process of data collection for the inventory or system is reliable, transparent, and accessible; ``(3)(A)(i) not later than 1 year after the date of enactment of this title, establish an emission baseline for the Federal Government; or ``(ii) not later than 180 days after the date of enactment of this title, if the Office determines that Federal agencies have not collected enough information, or sufficient data are otherwise unavailable, to establish an emission baseline, submit to Congress and the Administrator a report describing the type and quantity of data that are unavailable; and ``(B) after establishment of an emission baseline under subparagraph (A), periodically review and, if new information relating to the base year becomes available, revise the emission baseline, as appropriate; ``(4) upon development of the inventory or system under paragraph (1), use the inventory or system to begin accounting for direct emissions, energy indirect emissions, and indirect emissions in accordance with the protocol; ``(5) ensure that the inventory or other appropriate system developed under paragraph (1) is periodically audited to ensure that data reported in accordance with the inventory or system are relevant, complete, and transparent; ``(6) not later than 1 year after the date of enactment of this title-- ``(A) develop such additional procedures as are necessary to account for emissions described in paragraph (3), particularly indirect emissions; and ``(B) submit to Congress and the Administrator a report that describes any additional data necessary to calculate indirect emissions; ``(7) coordinate with climate change and greenhouse gas registries being developed by States and Indian tribes; and ``(8) not later than October 1 of the year after the date of enactment of this title, and annually thereafter, submit to Congress and the Administrator a report that, for the preceding fiscal year, for the Federal Government and each Federal agency-- ``(A) describes the aggregate quantity of emissions (including direct emissions, energy indirect emissions, and indirect emissions); and ``(B) specifies separately the quantities of direct emissions, energy indirect emissions, and indirect emissions comprising that aggregate quantity. ``SEC. 703. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this title.''. ______ SA 1575. Mr. VOINOVICH (for himself, Mr. Carper, and Mr. Inhofe) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for [[Page S7764]] other purposes; which was ordered to lie on the table; as follows: Beginning on page 39, strike line 12 and all that follows through page 42, line 8, and insert the following: (b) Improvements to Underlying Loan Guarantee Authority.-- (1) Definition of commercial technology.--Section 1701(1) of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is amended by striking subparagraph (B) and inserting the following: ``(B) Exclusion.--The term `commercial technology' does not include a technology if the sole use of the technology is in connection with-- ``(i) a demonstration plant; or ``(ii) a project for which the Secretary approved a loan guarantee.''. (2) Specific appropriation or contribution.--Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by striking subsection (b) and inserting the following: ``(b) Specific Appropriation or Contribution.-- ``(1) In general.--No guarantee shall be made unless-- ``(A) an appropriation for the cost has been made; or ``(B) the Secretary has received from the borrower a payment in full for the cost of the obligation and deposited the payment into the Treasury. ``(2) Limitation.--The source of payments received from a borrower under paragraph (1)(B) shall not be a loan or other debt obligation that is made or guaranteed by the Federal Government. ``(3) Relation to other laws.--Section 504(b) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply to a loan or loan guarantee made in accordance with paragraph (1)(B).''. (3) Amount.--Section 1702 of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended by striking subsection (c) and inserting the following: ``(c) Amount.-- ``(1) In general.--Subject to paragraphs (2) and (3), upon the request of the borrower, the Secretary shall guarantee 100 percent of the principal and interest due on 1 or more loans for a facility that are the subject of the guarantee, on the condition that the Secretary has-- ``(A) received from the borrower a payment in full for the cost of the obligation; and ``(B) deposited the payment in the Treasury. ``(2) Limitation on amount.--The total amount of loans guaranteed for a facility by the Secretary shall not exceed 80 percent of the total cost of the facility, as estimated at the time at which the guarantee is issued. ``(3) Approval of applications.-- ``(A) Deadline.--The Secretary shall approve or disapprove an application for a guarantee not later than 1 year after the date of receipt of the application. ``(B) Report.--The Secretary shall submit to Congress an annual report on the approval or disapproval of all loan guarantee applications that includes-- ``(i) the reasons for each approval and disapproval; and ``(ii) an evaluation and recommendation by the Secretary for the termination of authority for each eligible project category described in section 1703(b).''. (4) Subrogation.--Section 1702(g)(2) of the Energy Policy Act of 2005 (42 U.S.C. 16512(g)(2)) is amended-- (A) by striking subparagraph (B); and (B) by redesignating subparagraph (C) as subparagraph (B). (5) Fees.--Section 1702(h) of the Energy Policy Act of 2005 (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and inserting the following: ``(2) Availability.--Fees collected under this subsection shall-- ``(A) be deposited by the Secretary in a special fund in the Treasury to be known as the `Incentives For Innovative Technologies Fund'; and ``(B) remain available to the Secretary for expenditure, without further appropriation or fiscal year limitation, for administrative expenses incurred in carrying out this title.''. ______ SA 1576. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. GEOTHERMAL HEAT PUMP TECHNOLOGY ACCELERATION PROGRAM. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of General Services. (2) General services administration facility.-- (A) In general.--The term ``General Services Administration facility'' means any building, structure, or facility, in whole or in part (including the associated support systems of the building, structure, or facility), that-- (i) is constructed (including facilities constructed for lease), renovated, or purchased, in whole or in part, by the Administrator for use by the Federal Government; or (ii) is leased, in whole or in part, by the Administrator for use by the Federal Government-- (I) except as provided in subclause (II), for a term of not less than 5 years; or (II) for a term of less than 5 years, if the Administrator determines that use of cost-effective technologies and practices would result in the payback of expenses. (B) Inclusion.--The term ``General Services Administration facility'' includes any group of buildings, structures, or facilities described in subparagraph (A) (including the associated energy-consuming support systems of the buildings, structures, and facilities). (C) Exemption.--The Administrator may exempt from the definition of ``General Services Administration facility'' under this paragraph a building, structure, or facility that meets the requirements of section 543(c) of Public Law 95-619 (42 U.S.C. 8253(c)). (3) Operational cost savings.--The term ``operational cost savings'' means a reduction in end-use operational costs through the application of geothermal heat pump technologies, including a reduction in electricity consumption relative to consumption by the same customer or at the same facility in a given year, as defined in guidelines promulgated by the Administrator, that achieves cost savings sufficient to pay the incremental additional costs of using geothermal heat pump technologies by not later than the date that is 5 years after the date of installation of the technologies. (b) Establishment.-- (1) In general.--The Administrator shall establish a program to accelerate the use of geothermal heat pumps at General Services Administration facilities. (2) Requirements.--The program established under this subsection shall-- (A) ensure centralized responsibility for the coordination of geothermal heat pump recommendations, practices, and activities of all relevant Federal agencies; (B) provide technical assistance and operational guidance to applicable tenants to achieve the goal identified in subsection (c)(2)(B)(ii); and (C) establish methods to track the success of Federal departments and agencies with respect to that goal. (c) Accelerated Use of Geothermal Heat Pump Technologies.-- (1) Review.-- (A) In general.--As part of the program under this section, not later than 90 days after the date of enactment of this Act, the Administrator shall conduct a review of-- (i) current use of geothermal heat pump technologies in General Services Administration facilities; and (ii) the availability to managers of General Services Administration facilities of geothermal heat pumps. (B) Requirements.--The review under subparagraph (A) shall-- (i) examine the use of geothermal heat pumps by Federal agencies in General Services Administration facilities; and (ii) as prepared in consultation with the Administrator of the Environmental Protection Agency, identify geothermal heat pump technology standards that could be used for all types of General Services Administration facilities. (2) Replacement.-- (A) In general.--As part of the program under this section, not later than 180 days after the date of enactment of this Act, the Administrator shall establish, using available appropriations, a geothermal heat pump technology acceleration program to achieve maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies in each General Services Administration facility. (B) Acceleration plan timetable.-- (i) In general.--To implement the program established under subparagraph (A), not later than 1 year after the date of enactment of this Act, the Administrator shall establish a timetable, including milestones for specific activities needed to replace existing heating and cooling technologies with geothermal heat pump technologies, to the maximum extent feasible (including at the maximum rate feasible), at each General Services Administration facility. (ii) Goal.--The goal of the timetable under clause (i) shall be to complete, using available appropriations, maximum feasible replacement of existing heating and cooling technologies with geothermal heat pump technologies by not later than the date that is 5 years after the date of enactment of this Act. (d) General Services Administration Facility Geothermal Heat Pump Technologies and Practices.--Not later than 180 days after the date of enactment of this Act, and annually thereafter, the Administrator shall-- (1) ensure that a manager responsible for accelerating the use of geothermal heat pump technologies is designated for each General Services Administration facility geothermal heat pump technologies and practices facility; and (2) submit to Congress a plan, to be implemented to the maximum extent feasible (including at the maximum rate feasible) using available appropriations, by not later than [[Page S7765]] the date that is 5 years after the date of enactment of this Act, that-- (A) includes an estimate of the funds necessary to carry out this section; (B) describes the status of the implementation of geothermal heat pump technologies and practices at General Services Administration facilities, including-- (i) the extent to which programs, including the program established under subsection (b), are being carried out in accordance with this Act; and (ii) the status of funding requests and appropriations for those programs; (C) identifies within the planning, budgeting, and construction processes, all types of General Services Administration facility-related procedures that inhibit new and existing General Services Administration facilities from implementing geothermal heat pump technologies; (D) recommends language for uniform standards for use by Federal agencies in implementing geothermal heat pump technologies and practices; (E) in coordination with the Office of Management and Budget, reviews the budget process for capital programs with respect to alternatives for-- (i) permitting Federal agencies to retain all identified savings accrued as a result of the use of geothermal heat pump technologies; and (ii) identifying short- and long-term cost savings that accrue from the use of geothermal heat pump technologies and practices; (F) achieves substantial operational cost savings through the application of geothermal heat pump technologies; and (G) includes recommendations to address each of the matters, and a plan for implementation of each recommendation, described in subparagraphs (A) through (F). (e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, to remain available until expended. ______ SA 1577. Mr. MARTINEZ submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. __. EXCLUSION OF ALIENS WHO HAVE INVESTED IN PETROLEUM DEVELOPMENT IN CUBA. (a) Statement of Policy.--It shall be the policy of the United States to-- (1) undertake the necessary measures to deny the Cuban regime the financial resources to engage in activities that threaten-- (A) United States national security, its interests and its allies; (B) the environment and natural resources of the submerged lands of Cuba's northern coast and Florida's unique maritime environment; and (C) that prolong the dictatorship that oppresses the Cuban people; and (2) deter foreign investments that would enhance the ability of the Cuban regime to develop its petroleum resources. (b) Exclusion of Certain Aliens.-- (1) In general.--The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6021 et seq.) is amended by inserting after section 401 the following: ``SEC. 402. EXCLUSION FROM THE UNITED STATES OF ALIENS WHO CONTRIBUTE TO THE ABILITY OF CUBA TO DEVELOP PETROLEUM RESOURCES OFF OF CUBA'S NORTHERN COAST. ``(a) In General.--The Secretary of State shall deny a visa to, and the Secretary of Homeland Security shall exclude from the United States, any alien who the Secretary of State determines is a person who-- ``(1) is an officer or principal of an entity, or a shareholder who owns a controlling interest in an entity, that, on or after May 2, 2006, makes an investment that equals or exceeds $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period), that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast; or ``(2) is a spouse, minor child, or agent of a person described in paragraph (1). ``(b) Waiver.--The Secretary of State may waive the application of subsection (a) if the Secretary certifies and reports to the appropriate congressional committees, on a case-by-case basis, that the admission to the United States of a person described in subsection (a)-- ``(1) is necessary for critical medical reasons or for purposes of litigation of an action under title III; or ``(2) is appropriate if the requirements of sections 203, 204, and 205 have been satisfied. ``(c) Definitions.--In this section: ``(1) Develop.--The term `develop', with respect to petroleum resources, means the exploration for, or the extraction, refining, or transportation by pipeline or other means of, petroleum resources. ``(2) Investment.--The term `investment' means any of the following activities if such activity is undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agreement, that is entered into with the Government of Cuba (or any agency or instrumentality thereof) or a nongovernmental entity in Cuba, on or after May 2, 2006: ``(A) The entry into a contract that includes responsibility for the development of petroleum resources of the submerged lands of Cuba's northern coast, or the entry into a contract providing for the general supervision and guarantee of another person's performance of such a contract. ``(B) The purchase of a share of ownership, including an equity interest, in that development. ``(C) The entry into a contract providing for the participation in royalties, earnings, or profits in that development, without regard to the form of the participation. ``(D) The entry into, performance, or financing of a contract to sell or purchase goods, services, or technology related to that development. ``(3) Petroleum resources.--The term `petroleum resources' includes petroleum and natural gas resources.''. (2) Effective date.--The amendment made by paragraph (1) applies to aliens seeking admission to the United States on or after the date of the enactment of this Act. (c) Imposition of Sanctions.-- (1) In general.--The President shall impose two or more of the sanctions described in paragraph (2) if the President determines that a person has, on or after May 2, 2006, made an investment that equals or exceeds $1,000,000 (or any combination of investments that in the aggregate equals or exceeds $1,000,000 in any 12-month period) that contributes to the enhancement of Cuba's ability to develop petroleum resources of the submerged lands of Cuba's northern coast. (2) Sanctions described.--The sanctions to be imposed on a sanctioned person under this subsection are as follows: (A) Export-import bank assistance for exports to sanctioned persons.--The President may direct the Export-Import Bank of the United States not to give approval to the issuance of any guarantee, insurance, extension of credit, or participation in the extension of credit in connection with the export of any goods or services to any sanctioned person. (B) Export sanction.--The President may order the United States Government not to issue any specific license and not to grant any other specific permission or authority to export any goods or technology to a sanctioned person under-- (i) the Export Administration Act of 1979 (50 U.S.C. App. 2401 et seq.); (ii) the Arms Export Control Act (22 U.S.C. 2751 et seq.); (iii) the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.); or (iv) any other statute that requires the prior review and approval of the United States Government as a condition for the export or reexport of goods or services. (C) Loans from united states financial institutions.--The United States Government may prohibit any United States financial institution from making loans or providing credits to any sanctioned person totaling more than $10,000,000 in any 12-month period unless such person is engaged in activities to relieve human suffering and the loans or credits are provided for such activities. (D) Prohibitions on financial institutions.-- (i) In general.--The following prohibitions may be imposed against a sanctioned person that is a financial institution: (I) Prohibition on designation as primary dealer.--Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, such financial institution as a primary dealer in United States Government debt instruments. (II) Prohibition on service as a repository of government funds.--Such financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds. (ii) Treatment of sanctions.--The imposition of either sanction under subclause (I) or (II) of clause (i) shall be treated as one sanction for purposes of this subsection, and the imposition of both such sanctions shall be treated as two sanctions for purposes of this subsection. (E) Procurement sanction.--The United States Government may not procure, or enter into any contract for the procurement of, any goods or services from a sanctioned person. (3) Person defined.--In this subsection, the term ``person'' includes a foreign subsidiary of a person referred to in paragraph (1). ______ SA 1578. Mr. MENENDEZ (for himself, Mr. Lautenberg, and Mrs. Dole) proposed an amendment to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing [[Page S7766]] greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; as follows: Beginning on page 4 of the amendment, strike line 20 and all that follows through page 5, line 3, and insert the following: ``(E) Comments and approval from other states.-- ``(i) In general.--On receipt of a petition under paragraph (2), the Secretary shall provide Atlantic Coastal States with an opportunity to provide to the Secretary comments on the petition. ``(ii) Requirement.--The Secretary shall not approve a petition under this paragraph unless the Governors of all States within 100 miles of the coastal waters of the State have approved the petition. ______ SA 1579. Mr. OBAMA submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 27, after line 23, add the following: SEC. 113. NATIONAL LOW-CARBON FUEL STANDARD. (a) Definitions.--In this section: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Conventional transportation fuel.--The term ``conventional transportation fuel'' means any fossil-fuel- based transportation fuel used in the United States as of the date of enactment of this Act. (3) Fuel emission baseline.--The term ``fuel emission baseline'' means the average lifecycle greenhouse gas emissions per unit of energy of the average of fossil-based fuels in commerce in the United States during the period of calendar years 2005 through 2007. (4) Greenhouse gas.--The term ``greenhouse gas'' means any of-- (A) carbon dioxide; (B) methane; (C) nitrous oxide; (D) hydrofluorocarbons; (E) perfluorocarbons; and (F) sulfur hexafluoride. (5) Lifecycle greenhouse gas emissions.--The term ``lifecycle greenhouse gas emissions'' means, with respect to a fuel, the aggregate quantity of greenhouse gases emitted during production, feedstock production or extraction, distribution, and use of the fuel, as determined by the Administrator. (6) Low-carbon fuel.--The term ``low-carbon fuel'' means fuel produced, to the maximum extent practicable, in the United States-- (A) that meets the requirements of an applicable American Society for Testing and Materials standard; and (B) the lifecycle greenhouse gas emissions of which are lower than the fuel emission baseline, as determined by the Administrator. (7) Obligated party.-- (A) In general.--The term ``obligated party'' means an obligated party as described in section 80.1106 of title 40, Code of Federal Regulations (or a successor regulation). (B) Related term.--The term ``any and all of the products'', when used with respect to an obligated party, means diesel and aviation fuel, home heating oil, and boiler oil to be included in the volume used to calculate the requirements applicable to the obligated party under this section. (b) National Low-Carbon Fuel Standard.--Not later than January 1, 2015, the Administrator shall, by regulation-- (1) establish a fuel emission baseline based on the average lifecycle greenhouse gas emissions per unit of energy of the average of fossil-based fuels in commerce in the United States during the period of calendar years 2005 through 2007; (2) identify qualifying low-carbon transportation fuels based on-- (A) whether the lifecycle greenhouse gas emissions of a fuel are lower, per unit of energy delivered by use of a specific quantity of the fuel, than the fuel emission baseline, including the percentage greenhouse gas emission reduction provided by the fuel to the fuel emission baseline; (B) whether a fuel-- (i) achieves a substantial reduction in petroleum content over the lifecycle of the fuel; or (ii) otherwise contributes to the energy security of the United States; and (C) with respect to calculation of the lifecycle greenhouse gas emissions of vehicles operating on electricity or a hydrogen fuel, the quantity of energy delivered by use of the fuel, which shall be determined by calculating the product obtained by multiplying-- (i) a unit of energy delivered by use of the electricity or hydrogen fuel; and (ii) an adjustment factor determined by the Administrator to reflect, with respect to the fuel emissions baseline and any improvement relating to the domestic energy security of the United States resulting from petroleum otherwise displaced, the substantial lifecycle greenhouse gas benefits of using the electricity or hydrogen fuel, on a per-mile basis, resulting from reasonably anticipated energy efficiency of an average-- (I) battery electric vehicle; (II) plug-in hybrid electric vehicle; or (III) hydrogen fuel cell vehicle; (3) establish a low-carbon fuel certification and marketing process-- (A) to certify fuels that qualify as low-carbon fuels under this section; (B) to make those certifications available to consumers; and (C) to label and market low-carbon fuels; (4) publish fuel-use compliance scenarios describing the estimated volumes per year of low-carbon fuels required to meet each requirement described in subsection (c); and (5) establish-- (A) for fuels blended with low-carbon fuel, as part of the renewable identification number program of the Environmental Protection Agency-- (i) an intensity number measured in the quantity of lifecycle greenhouse gas emissions per unit of energy provided by use of the fuel; and (ii) an index number representing the percentage reduction of greenhouse gas emissions achieved by the fuel as compared to the fuel emission baseline; and (B) for electricity from the electric power transmission and distribution system expected to be used as a motor vehicle or nonroad fuel, a process for generating and assigning identification numbers for electricity incorporating, to the maximum extent practicable, clauses (i) and (ii) of subparagraph (A). (c) Requirements Applicable to Obligated Parties.-- (1) Requirements.-- (A) Calendar years 2015 through 2020.--Not later than January 1, 2015, the Administrator shall, by regulation, require each obligated party to reduce the average lifecycle greenhouse gas emissions per unit of energy of the aggregate quantity of fuels introduced into commerce by the obligated party to a level that is, as determined by the Administrator, to the maximum extent practicable-- (i) by calendar year 2015, substantially equivalent to at least 5 percent below the fuel emission baseline; and (ii) by calendar year 2020, substantially equivalent to at least 10 percent below the fuel emission baseline. (B) Calendar year 2021 and thereafter.--For calendar year 2021, and by not later than each fifth calendar year thereafter, the Administrator shall, by regulation, require each obligated party to reduce the average lifecycle greenhouse gas emissions per unit of energy of the aggregate quantity of fuels introduced into commerce by the obligated party to a level that, as determined by the Administrator, is progressively lower, but not a level higher than, the previous years, unless the Administrator, in coordination with the Secretary of Agriculture and the Secretary, establishes an alternative required percentage reduction based on-- (i) a review of the implementation of this paragraph during the period of calendar years 2015 through 2020; (ii) the expected annual rate of future production of low- carbon fuel; (iii) the impact of low-carbon fuels on the energy security of the United States; (iv) the impact of low-carbon fuels on the infrastructure of the United States, including the deliverability of materials, goods, and products other than low-carbon fuel; (v) the sufficiency of the infrastructure of the United States to deliver low-carbon fuel; and (vi) the impact of the use of low-carbon fuel on other factors, including-- (I) job creation; (II) the price and supply of agricultural commodities; (III) rural economic development; and (IV) the environment. (2) Failure to promulgate regulations.--If the Administrator does not promulgate regulations in accordance with this subsection, the average lifecycle greenhouse gas emissions of the aggregate quantity of fuel introduced by an obligated party for calendar year 2014 shall be at least 3 percent below the fuel emissions baseline. (d) Domestic Feedstock Study.--Not later than 3 years after the date of enactment of this Act, the President, in conjunction with the Secretary of Agriculture, the Administrator, and the Secretary, taking into consideration recommendations issued by the National Academy of Sciences, the Food and Agricultural Policy Research Institute, and not more than 2 additional appropriate independent research institutes, as determined by the President, shall establish and apply a methodology to assess and quantify environmental changes associated with the increase in the volume of renewable fuels required by this subsection, as compared with the effects of an increase in conventional transportation fuels otherwise displaced as a result of this subsection, as applicable, for the purpose of negating overall adverse environmental impacts, particularly with respect to the effects on or changes in-- (1) the national security of the United States; (2) the rural economic development of the United States; (3) the energy security of the United States; (4) land, air, and water quality of the United States; [[Page S7767]] (5) deforestation; (6) areas containing significant concentrations of biodiversity values (including endemism, endangered species, high species richness, and refugia), including habitats in which any alteration of the habitat would render the habitat unable to support most characteristic native species and ecological processes; (7) the long-term capacity of the United States to produce feedstocks for low-carbon fuels; (8) land enrolled in-- (A) the conservation reserve program established under subchapter B of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.); or (B) the wetlands reserve program established under subchapter C of chapter 1 of subtitle D of title XII of the Food Security Act of 1985 (16 U.S.C. 3837 et seq.); (9) the impact on areas at risk of wildfire, including areas in the vicinity of-- (A) buildings and other areas regularly occupied by people; or (B) infrastructure; (10) the conversion of biowaste and other wastes into fuels, as compared with use of those wastes for other beneficial purposes, and any potential for the generation of toxic byproducts resulting from that conversion; (11) the conversion of nonrenewable biomass into biofuel; (12) materials produced, harvested, acquired, transported, or processed that would have, as an adverse result, an exemption from otherwise applicable Federal law (including regulations); and (13) such other matters or activities as are identified by the President. ______ SA 1580. Mr. BAYH (for Mr. Brownback, Mr. Lieberman, Mr. Coleman, and Mr. Salazar) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 6, line 23, insert ``, methanol, and other renewable fuels'' after ``ethanol''. On page 7, line 1, insert ``, methanol, and other renewable fuels'' after ``ethanol''. On page 7, line 4, insert ``, methanol, and other renewable fuels'' after ``ethanol''. On page 7, lines 6 and 7, strike ``and food waste and yard waste'' and insert ``food waste, yard waste, and municipal solid waste from which all recyclable materials and non- biomass materials have been removed''. ______ SA 1581. Mr. GREGG (for himself, Mrs. Feinstein, Mr. Sununu, Mr. Kyl, and Mr. Ensign) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. ELIMINATION OF ETHANOL TARIFF AND DUTY. (a) In General.-- (1) Elimination of permanent tariff of 2.5 percent.-- Subheading 2207.10.60 of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking the column 1 general rate of duty and inserting ``Free''; and (B) by striking the matter contained in the column 1 special rate of duty column and inserting ``Free''. (2) Elimination of permanent tariff of 1.9 percent.-- (A) In general.--Chapter 22 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading: ---------------------------------------------------------------------------------------------------------------- `` 2207.20.20 Ethyl alcohol and 1.9% Free (A+, AU, BH, 20% '' other spirits, CA, CL, D, E, IL, . denatured, of any J, JO, MA, MX, P, strength (if used SG) as a fuel or in a mixture to be used as a fuel)........ (B) Conforming amendment.--The article description for subheading 2207.20.00 of the Harmonized Tariff Schedule of the United States is amended by inserting ``(not provided for in subheading 2207.20.20)'' after ``strength''. (b) Repeal of Temporary Duty of 54 Cents Per Gallon.-- Subchapter I of chapter 99 of the Harmonized Tariff Schedule of the United States is amended-- (1) by striking heading 9901.00.50; and (2) by striking U.S. Notes 2 and 3 relating to heading 9901.00.50. (c) Effective Date.--The amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. ______ SA 1582. Mr. MARTINEZ submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 12, between lines 6 and 7, insert the following: (D) Goals.--In promulgating regulations pursuant to this paragraph, the President shall take into consideration the goals of-- (i) providing credits under this section to motivate blenders to incorporate existing infrastructure in the transportation, storage, blending, and distribution of any alcohol-based biofuel; and (ii) encouraging blenders to share any credits provided under this section with pipeline and common storage facilities, which incorporate practices to achieve fungibility, pipeline transmission, commingling, and common storage of biofuels with hydrocarbons. ______ SA 1583. Mr. MARTINEZ submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title I, add the following: SEC. 113. ACCELERATED FUEL WAIVER BLENDS. Section 211(a) of the Clean Air Act (42 U.S.C. 7545(a)) is amended-- (1) by striking ``The Administrator'' and inserting the following: ``(1) In general.--The Administrator''; and (2) by adding at the end the following: ``(2) Requirement.--In promulgating regulations pursuant to paragraph (1) relating to the provision of a waiver under subsection (f) or any fuel registration requirement under this section, the Administrator shall provide for the expeditious registration, to the maximum extent practicable, of any fuel that contains an oxygenated blending component, including fuel that contains-- ``(A) C1- to C6-based alcohols; ``(B) C5 to C6 carbonates (such as dimethyl carbonate and diethyl carbonate); or ``(C) any other additive that improves the thermal efficiency or fuel economy of the fuel.''. ______ SA 1584. Mr. MARTINEZ submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle A of title I, add the following: SEC. 113. TREATMENT OF CERTAIN GASOLINE. (a) In General.--Section 211(f) of the Clean Air Act (42 U.S.C. 7545(f)) is amended by adding at the end the following: ``(6) Treatment of certain gasoline.-- ``(A) In general.--For purposes of this subsection, gasoline described in subparagraph (B) shall be considered to be substantially similar to any fuel or fuel additive utilized in the certification of any model year 1975. ``(B) Description of gasoline.--Gasoline referred to in subparagraph (A) is gasoline that-- [[Page S7768]] ``(i) contains not more than 3.7 percent oxygen, by weight, such that the gasoline is equivalent to E-10 gasoline; or ``(ii) contains a greater quantity of oxygen, as the Administrator may determine, by regulation.''. (b) Effect of Section.--Nothing in the amendment made by subsection (a) affects subsection (h) of section 211 of the Clean Air Act (42 U.S.C. 7545). ______ SA 1585. Mr. LAUTENBERG (for himself and Mr. Menendez) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Warner to the amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 6, strike line 5, and insert the following: ural disasters, or other acts. ``(5) Liability.-- ``(A) In general.--The State shall be liable for the costs incurred by any other State as a result of any oil or natural gas spill or other damages caused by offshore drilling or other activities conducted in the coastal zone of the State under this subsection. ``(B) Inclusions.--Costs for which the State shall be liable under this paragraph include the costs associated with-- ``(i) any environmental cleanup; ``(ii) any economic damages to the coastline of the affected State resulting from the oil or natural gas spill; and ``(iii) any other damage to the affected State. ``(C) Original jurisdiction.--Notwithstanding any other provision of law, the Supreme Court shall have original jurisdiction over a claim to recover costs under this paragraph. ``(D) Amount.--If an action is brought under subparagraph (C), the Supreme Court shall determine the total amount of the costs for which the State shall be liable under this paragraph.''. ______ SA 1586. Mr. TESTER (for himself, Mr. Bingaman, Mr. Reid, Ms. Murkowski, Mr. Stevens, Mr. Salazar, Mr. Akaka, Mr. Sanders, Ms. Snowe, and Mr. Hatch) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes, which was ordered to lie on the table; as follows: At the end, add the following: TITLE VIII--GEOTHERMAL ENERGY SEC. 801. SHORT TITLE. This title may be cited as the ``National Geothermal Initiative Act of 2007''. SEC. 802. FINDINGS. Congress finds that-- (1) domestic geothermal resources have the potential to provide vast amounts of clean, renewable, and reliable energy to the United States; (2) Federal policies and programs are critical to achieving the potential of those resources; (3) Federal tax policies should be modified to appropriately support the longer lead-times of geothermal facilities and address the high risks of geothermal exploration and development; (4) sustained and expanded research programs are needed-- (A) to support the goal of increased energy production from geothermal resources; (B) to develop and demonstrate the potential for geothermal heat exchange technologies for heating, cooling, and energy efficiency; and (C) to develop the technologies that will enable commercial production of energy from more geothermal resources; (5) a comprehensive national resource assessment is needed to support policymakers and industry needs; (6) a national exploration and development technology and information center should be established to support the achievement of increased geothermal energy production; and (7) implementation and completion of geothermal and other renewable initiatives on public land in the United States is critical, consistent with the principles and requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable law. SEC. 803. NATIONAL GOAL. Congress declares that it shall be a national goal to achieve at least 15 percent of total electrical energy production in the United States from geothermal resources by not later than 2030. SEC. 804. DEFINITIONS. In this title: (1) Initiative.--The term ``Initiative'' means the national geothermal initiative established by section 805(a). (2) National goal.--The term ``national goal'' means the national goal of increased energy production from geothermal resources described in section 803. (3) Secretary.--The term ``Secretary'' means the Secretary of Energy. SEC. 805. NATIONAL GEOTHERMAL INITIATIVE. (a) Establishment.--There is established a national geothermal initiative under which the Federal Government shall seek to achieve the national goal. (b) Federal Support and Coordination.--In carrying out the Initiative, each Federal agency shall give priority to programs and efforts necessary to support achievement of the national goal to the extent consistent with applicable law. (c) Energy and Interior Goals.-- (1) In general.--In carrying out the Initiative, the Secretary and the Secretary of the Interior shall establish and carry out policies and programs-- (A) to characterize the complete geothermal resource base (including engineered geothermal systems) of the United States by not later than 2010; (B) to sustain an annual growth rate in the use of geothermal power, heat, and heat pump applications of at least 10 percent; (C) to demonstrate state-of-the-art energy production from the full range of geothermal resources in the United States; (D) to achieve new power or commercial heat production from geothermal resources in at least 25 States; (E) to develop the tools and techniques to construct an engineered geothermal system power plant; and (F) to deploy geothermal heat exchange technologies in Federal buildings for heating, cooling, and energy efficiency. (2) Report to congress.--Not later than 1 year after the date of enactment of this Act, and every 3 years thereafter, the Secretary and the Secretary of the Interior shall jointly submit to the appropriate Committees of Congress a report that describes-- (A) the proposed plan to achieve the goals described in paragraph (1); and (B) a description of the progress during the period covered by the report toward achieving those goals. (d) Geothermal Research, Development, Demonstration, and Commercial Application.-- (1) In general.--The Secretary shall carry out a program of geothermal research, development, demonstration, outreach and education, and commercial application to support the achievement of the national goal. (2) Requirements of program.--In carrying out the geothermal research program described in paragraph (1), the Secretary shall-- (A) prioritize funding for the discovery and characterization of geothermal resources; (B) expand funding for cost-shared drilling; (C)(i) establish, at a national laboratory or university research center selected by the Secretary, a national geothermal exploration research and information center; (ii) support development and application of new exploration and development technologies through the center; and (iii) in cooperation with the Secretary of the Interior, disseminate geological and geophysical data to support geothermal exploration activities through the center; (D) support cooperative programs with and among States (including geothermal facilities that are operational as of the date of enactment of this Act, the Great Basin Center for Geothermal Energy, the Intermountain West Geothermal Consortium, and other similar State and regional initiatives) to expand knowledge of the geothermal resource base of the United States and potential applications of that resource base; (E) improve and advance high-temperature and high-pressure drilling, completion, and instrumentation technologies benefiting geothermal well construction; (F) demonstrate geothermal applications in settings that, as of the date of enactment of this Act, are noncommercial; (G) research, develop, and demonstrate engineered geothermal systems techniques for commercial application of the technologies, including advances in-- (i) reservoir stimulation; (ii) reservoir characterization, monitoring, and modeling; (iii) stress mapping; (iv) tracer development; (v) 3-dimensional tomography; and (vi) understanding seismic effects of deep drilling and reservoir engineering; (H) support the development and application of the full range of geothermal technologies and applications; and (I)(i) study the potential to apply geothermal heat exchange technologies to new and existing Federal buildings; and (ii) in cooperation with the Administrator of General Services, develop and carry out 2 demonstration projects with geothermal heat exchange technologies, of which-- (I) 1 project shall involve the construction of a new Federal building; and (II) 1 project shall involve the renovation of an existing Federal building. (3) Authorization of appropriations.--There are authorized to be appropriated to the Secretary to carry out this subsection-- (A) $75,000,000 for fiscal year 2008; [[Page S7769]] (B) $110,000,000 for each of fiscal years 2009 through 2012; and (C) for fiscal year 2013 and each fiscal year thereafter through fiscal year 2030, such sums as are necessary. (e) Geothermal Assessment, Exploration Information, and Priority Activities.-- (1) Interior.--In carrying out the Initiative, the Secretary of the Interior-- (A) acting through the Director of the United States Geological Survey, shall, not later than 2010-- (i) conduct and complete a comprehensive nationwide geothermal resource assessment that examines the full range of geothermal resources in the United States; and (ii) submit to the appropriate committees of Congress a report describing the results of the assessment; and (B) in planning and leasing, shall consider the national goal established under this title. (2) Authorization of appropriations.--There are authorized to be appropriated to the Secretary of the Interior to carry out this subsection-- (A) $15,000,000 for fiscal year 2008; (B) $25,000,000 for each of fiscal years 2009 to 2012; and (C) for fiscal year 2013 and each fiscal year thereafter through fiscal year 2030, such sums as are necessary. SEC. 806. INTERMOUNTAIN WEST GEOTHERMAL CONSORTIUM. Section 237 of the Energy Policy Act of 2005 (42 U.S.C. 15874) is amended by adding at the end the following: ``(d) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section-- ``(1) $5,000,000 for each of fiscal years 2008 through 2013; and ``(2) such sums as are necessary for each of fiscal years 2014 through 2020.''. SEC. 807. INTERNATIONAL MARKET SUPPORT FOR GEOTHERMAL ENERGY DEVELOPMENT. (a) United States Agency for International Development.-- The United States Agency for International Development, in coordination with other appropriate Federal and multilateral agencies, shall support international and regional development to promote the use of geothermal resources, including (as appropriate) the African Rift Geothermal Development Facility. (b) United States Trade and Development Agency.--The United States Trade and Development Agency shall support the Initiative by-- (1) encouraging participation by United States firms in actions taken to carry out subsection (a); and (2) providing grants and other financial support for feasibility and resource assessment studies. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section. SEC. 808. ALASKA GEOTHERMAL CENTER. (a) In General.--The Secretary may participate in a consortium described in subsection (b) to address science and science policy issues relating to the expanded discovery and use of geothermal energy, including geothermal energy generated from geothermal resources on public land. (b) Administration.--The consortium referred to in subsection (a) shall-- (1) be known as the ``Alaska Geothermal Center''; (2) be a regional consortium of institutions and government agencies that focuses on building collaborative efforts among-- (A) institutions of higher education in the State of Alaska; (B) other regional institutions of higher education; and (C) State agencies; (3) include-- (A) the Energy Authority of the State of Alaska; (B) the Denali Commission established by section 303 of the Denali Commission Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277); and (C) the University of Alaska-Fairbanks; (4) be hosted and managed by the University of Alaska- Fairbanks; and (5) have-- (A) a director appointed by the head of the Energy Authority of the State of Alaska; and (B) associate directors appointed by each participating institution. (c) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section for each of fiscal years 2008 through 2013. ______ SA 1587. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 161, between lines 2 and 3, insert the following: SEC. 26_. RENEWABLE ENERGY INNOVATION MANUFACTURING PARTNERSHIP. (a) Establishment.--The Secretary shall carry out a program, to be known as the Renewable Energy Innovation Manufacturing Partnership Program (referred to in this section as the ``Program''), to make grants to eligible entities for use in carrying out research, development, and demonstration relating to the manufacturing of renewable energy technologies. (b) Solicitation.--To carry out the Program, the Secretary shall annually conduct a competitive solicitation for projects. (c) Program Purposes.--The purposes of the Program are-- (1) to develop, or aid in the development of, advanced manufacturing processes, materials, and infrastructure; (2) to increase the domestic production of renewable energy technology and components; and (3) to better coordinate Federal, State, and private resources to meet regional and national renewable energy goals through advanced manufacturing partnerships. (d) Eligible Entities.--An entity shall be eligible to receive a grant under the Program to carry out an eligible project described in subsection (e) if the entity is composed of-- (1) 1 or more public or private nonprofit institutions, engaged in research, development, demonstration, or technology transfer, that would participate substantially in the project; and (2) 1 or more private entities engaged in the manufacturing or development of renewable energy system components (including solar energy, wind energy, biomass, geothermal energy, or fuel cells). (e) Eligible Projects.--An eligible entity may use a grant provided under this section to carry out a project relating to-- (1) the conduct of studies of market opportunities for component manufacturing of renewable energy systems; (2) the conduct of multiyear applied research, development, demonstration, and deployment projects for advanced manufacturing processes, materials, and infrastructure for renewable energy systems; and (3) other similar ventures, as approved by the Secretary, that promote advanced manufacturing of renewable technologies. (f) Criteria and Guidelines.--The Secretary shall establish criteria and guidelines for the submission, evaluation, and funding of proposed projects under the Program. (g) Cost Sharing.--Section 988 of the Energy Policy Act of 2005 (42 U.S.C. 16352) shall apply to a project carried out under this section. (h) Disclosure.--Section 623 of the Energy Policy Act of 1992 (42 U.S.C. 13293) shall apply to a project carried out under this subsection. (i) Sense of the Senate.--It is the sense of the Senate that the Secretary should ensure that small businesses engaged in renewable manufacturing be considered for loan guarantees authorized under title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et seq.). (j) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2008 through 2013, to remain available until expended. ______ SA 1588. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title I, add the following: SEC. 151. STUDY OF DEVELOPMENT OF CARBON LABELING SYSTEM FOR GOODS SOLD IN THE UNITED STATES. (a) In General.--For purposes of increasing awareness of carbon emissions, not later than 90 days after the date of enactment of this Act, the Secretary shall initiate a study of the potential for creating a carbon labeling system for all food, goods, and products sold or manufactured in the United States. (b) Inclusions.--The study under subsection (a) shall include the development of a cogent and effective carbon emission standard that-- (1) is feasible for implementation by producers and manufacturers; and (2) is based on carbon emissions, from the manufacturing to marketing stages, of all food, goods, and products sold or manufactured in the United States. ______ SA 1589. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 116, strike line 17 and insert the following: [[Page S7770]] (C) Preference.--In providing financial assistance under this subsection, the Secretary shall give preference to higher-education for-profit partnerships involved in the development of liquid crystal, photovoltaic, and wind technologies that-- (i) increase energy efficiency; and (ii) improve the economic competitiveness of the United States. (D) Competitive awards.--The provision ______ SA 1590. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 199, line 5, insert ``, INSTITUTIONS OF HIGHER EDUCATION, AND NONPROFIT HOSPITALS'' after ``GOVERNMENTS''. On page 199, lines 12 and 13, strike ``governments (such as municipalities and counties), with respect to local government buildings'' and insert `` governments (such as municipalities and counties), institutions of higher education, and nonprofit hospitals, with respect to buildings operated by those entities''. On page 200, line 3, insert ``in which the local government, institution of higher education, or nonprofit hospital, as applicable, is located'' after ``community''. On page 201, line 4, insert ``, institution of higher education, and nonprofit hospital'' before ``that receives''. On page 201, line 6, strike ``local government''. On page 201, line 7, insert ``sustainable and'' before ``cost-effective''. On page 201, line 20, strike ``$20,000,000'' and insert ``$25,000,000''. ______ SA 1591. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 192, after line 21, add the following: SEC. 305. PREFERENCE FOR EXISTING AND FORMER DEPARTMENT OF ENERGY FACILITIES AND SITES. In selecting sites or facilities for the conduct of projects and activities authorized under section 963(c) of the Energy Policy Act of 2005 (42 U.S.C. 16293(c)) (as amended by section 302) and sections 303 and 304, the Secretary shall give preference to-- (1) Department of Energy sites and facilities in existence on the date of enactment of this Act; and (2) Department of Energy sites and facilities that have been deactivated or decommissioned before the date of enactment of this Act. ______ SA 1592. Mr. BROWN submitted an amendment intended to be proposed by him to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title V, insert the following: SEC. 5__. EMISSION STANDARDS FOR SPARK-IGNITION ENGINES. Section 213 of the Clean Air Act (42 U.S.C. 7547) is amended by adding at the end the following: ``(e) Emission Standards for Spark-Ignition Engines.-- ``(1) Definition of spark-ignition engine.--In this subsection, the term `spark-ignition engine' means an engine that uses spark-ignition (as described in section 89.2 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this subsection)). ``(2) Standards.--Not later than 1 year after the date of enactment of this subsection, the Administrator shall by regulation establish standards for the reduction in emissions of total hydrocarbons, oxides of nitrogen, and carbon monoxide from spark-ignition engines as specified in the following table: ``Emission limitations for spark-ignition engines ---------------------------------------------------------------------------------------------------------------- Required reduction in Required reduction in Type of spark-ignition engine HC + NOx CO Applicable model years ---------------------------------------------------------------------------------------------------------------- Outboard or personal watercraft 12 g/kW-hr............. 185 g/kW-hr............ 2011 and thereafter marine engine producing more than 45 hp. Sterndrive or inboard marine engine.. 3 g/kW-hr.............. 65 g/kW-hr............. 2010 and thereafter Class I engines producing less than 8 g/kW-hr.............. ....................... 2012 and thereafter 30 hp. Class II engines producing less than 7 g/kW-hr.............. ....................... 2011 and thereafter''. 30 hp. ---------------------------------------------------------------------------------------------------------------- ______ SA 1593. Mr. ISAKSON submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 251, line 14, strike ``(e)'' and insert the following: (e) Alternative Fuel Economy Standards for Low Volume Manufacturers and New Entrants.--Section 32902(d) of title 49, United States Code, is amended to read as follows: ``(d) Alternative Average Fuel Economy Standard.-- ``(1) In general.--Upon the application of an eligible manufacturer, the Secretary of Transportation may prescribe an alternative average fuel economy standard for automobiles manufactured by that manufacturer if the Secretary determines that-- ``(A) the applicable standard prescribed under subsection (a), (b), or (c) is more stringent than the maximum feasible average fuel economy level that manufacturer can achieve; and ``(B) the alternative average fuel economy standard prescribed under this subsection is the maximum feasible average fuel economy level that manufacturer can achieve. ``(2) Application of alternative standard.--The Secretary may provide for the application of an alternative average fuel economy standard prescribed under paragraph (1) to-- ``(A) the manufacturer that applied for the alternative average fuel economy standard; ``(B) all automobiles to which this subsection applies; or ``(C) classes of automobiles manufactured by eligible manufacturers. ``(3) Importers.--Notwithstanding paragraph (1), an importer registered under section 30141(c) may not be exempted as a manufacturer under paragraph (1) for an automobile that the importer-- ``(A) imports; or ``(B) brings into compliance with applicable motor vehicle safety standards prescribed under chapter 301 for an individual described in section 30142. ``(4) Application.--The Secretary of Transportation may prescribe the contents of an application for an alternative average fuel economy standard. ``(5) Eligible manufacturer defined.--In this section, the term `eligible manufacturer' means a manufacturer that-- ``(A) sold in the United States fewer than 0.5 percent of the number of automobiles sold in the United States in the model year that is 2 years before the model year to which the application relates; and ``(B) will sell in the United States fewer than 0.5 percent of the automobiles sold in the United States for the model year for which the alternative average fuel economy standard will apply.''. (f) ______ SA 1594. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title I, add the following: [[Page S7771]] SEC. 151. STUDY OF ESTABLISHMENT OF A REFINED PETROLEUM PRODUCT RESERVE. (a) In General.--The Secretary, in consultation with other Federal agencies as the Secretary determines to be necessary, shall conduct a study on the need for, and feasibility of, maintaining a refined petroleum product reserve. (b) Components.--In conducting the study under subsection (a), the Secretary shall-- (1) consider whether consolidation in the oil industry during the 1990s resulted in reduced commercial crude oil and refined petroleum product inventories; (2) evaluate whether other major energy-consuming countries hold significantly different quantities of commercial and strategic stocks of crude oil and refined petroleum products, as compared to the United States; (3) analyze whether strategic stocks of refined petroleum products held by the Federal Government could be used to increase flexibility in the motor gasoline, diesel, and jet fuel markets of the United States; (4) determine the types of storage facilities that may be appropriate for maintaining a refined petroleum product reserve, including identification of specific facilities and or potential facilities that could be used for a refined petroleum product reserve; (5) address the comparative benefits of storing motor gasoline, diesel, and jet fuel in a refined product reserve; and (6) identify potential barriers to the establishment of a refined petroleum product reserve. (c) Report.--Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study under this section.2 ______ SA 1595. Mr. KOHL submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 122, between lines 19 and 20, insert the following: (e) Set Aside for Small Automobile Manufacturers and Component Suppliers.-- (1) Definition of covered firm.--In this subsection, the term ``covered firm'' means a firm that-- (A) employs less than 500 individuals; and (B) manufactures automobiles or components of automobiles. (2) Set aside.--Of the amount of funds that are used to provide awards for each fiscal year under this section, the Secretary shall use not less than 30 percent of the amount to provide awards to covered firms. ______ SA 1596. Mr. KOHL submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title I, add the following: SEC. 151. STUDY OF ADEQUACY OF REFINING INFRASTRUCTURE. (a) In General.--The Comptroller General of the United States shall conduct a study of the adequacy of the refining infrastructure in the United States. (b) Evaluations.--In conducting the study, the Comptroller General shall include an evaluation of-- (1) each action taken by the United States to ensure the energy security of the United States in the event of a hurricane or other natural disaster; (2) whether the refining infrastructure of the United States is adequate for the future; and (3)(A) whether, in the absence of additional capacity, providing product stocks to existing refineries would improve supply reliability during supply disruptions; and (B) the costs associated with providing those product stocks. (c) Report.--Not later than 180 days after the date of enactment of this Act, the Comptroller General shall submit to Congress a report that describes the results of the study, including any recommendations. ______ SA 1597. Mr. INOUYE (for himself, and Mr. Dorgan) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 22, strike lines 1 through 17. Beginning on page 56, line 17, strike through line 4 of page 59. On page 277, between lines 5 and 6, insert the following: SEC. ------. STUDY OF THE ADEQUACY OF TRANSPORTATION OF DOMESTICALLY-PRODUCED RENEWABLE FUEL BY RAILROADS AND OTHER MODES OF TRANSPORTATION. (a) Study.-- (1) In general.--The Secretary of Transportation and the Secretary of Energy shall jointly conduct a study of the adequacy of transportation of domestically-produced renewable fuels by railroad and other modes of transportation as designated by the Secretaries. (2) Components.--In conducting the study under paragraph (1), the Secretaries shall-- (A) consider the adequacy of existing railroad and other transportation infrastructure, equipment, service and capacity to move the necessary quantities of domestically- produced renewable fuel within the timeframes required by section 111; (B)(i) consider the projected costs of moving the domestically-produced renewable fuel by railroad and other modes transportation; and (ii) consider the impact of the projected costs on the marketability of the domestically-produced renewable fuel; (C) identify current and potential impediments to the reliable transportation of adequate supplies of domestically- produced renewable fuel at reasonable prices, including practices currently utilized by domestic producers, shippers, and receivers of renewable fuels; (D) consider whether inadequate competition exists within and between modes of transportation for the transportation of domestically-produced renewable fuel and, if such inadequate competition exists, whether such inadequate competition leads to an unfair price for the transportation of domestically- produced renewable fuel or unacceptable service for transportation of domestically-produced renewable fuel; (E) consider whether Federal agencies have adequate legal authority to address instances of inadequate competition when inadequate competition is found to prevent domestic producers for renewable fuels from obtaining a fair and reasonable transportation price or acceptable service for the transportation of domestically-produced renewable fuels; (F) consider whether Federal agencies have adequate legal authority to address railroad and transportation service problems that may be resulting in inadequate supplies of domestically-produced renewable fuel in any area of the United States; (G) consider what transportation infrastructure capital expenditures may be necessary to ensure the reliable transportation of adequate supplies of domestically-produced renewable fuel at reasonable prices within the United States and which public and private entities should be responsible for making such expenditures; and (K) provide recommendations on ways to facilitate the reliable transportation of adequate supplies of domestically- produced renewable fuel at reasonable prices. (b) Report.--Not later than 180 days after the date of enactment of this Act, the Secretaries shall jointly submit to the Committee on Commerce, Science and Transportation and the Committee on Energy and Natural Resources of the Senate and the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives a report that describes the results of the study conducted under subsection (a). ______ SA 1598. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 7, line 13, strike ``and''. On page 7, line 16, strike the period and insert ``; and''. On page 7, between lines 16 and 17, insert the following: (vii) natural gas, including liquid fuels domestically produced from natural gas; and (viii) coal-derived liquid fuels. On page 13, after the table, between lines 5 and 6, insert the following: (B) Environmental compliance value.-- (i) In general.--In addition to the requirements of subparagraph (A)(ii), the President shall designate additional compliance value factors based on the environmental performance of each alternative fuel, based on criteria and other pollution reductions, in an amount equal to an additional compliance value of 0.10 for every 10- percent reduction in the emissions of nitrogen oxide, sulfur dioxide, volatile organic compound, particulate [[Page S7772]] matter, or any other air pollutant listed as a criteria pollutant by the Administrator of the Environmental Protection Agency. (ii) Method of determination.--In determining a factor under clause (i), the President shall use the findings of the regulatory impact analysis of the Environmental Protection Agency for the renewable fuel standard dated April 2007. On page 13, line 6, strike ``(B)'' and insert ``(C)''. On page 13, line 7, strike ``(C)'' and insert ``(D)''. On page 14, line 15, strike ``(C)'' and insert ``(D)''. On page 14, line 16, strike ``(D)'' and insert ``(E)''. On page 15, line 6, strike ``(D)'' and insert ``(E)''. On page 15, line 8, strike ``(C)'' and insert ``(D)''. ______ SA 1599. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title I, add the following: SEC. 151. ALTERNATIVE HYDROCARBON AND RENEWABLE RESERVES DISCLOSURES CLASSIFICATION SYSTEM. (a) In General.--The Chairperson of the Securities and Exchange Commission shall appoint a task force, to be composed of representatives of the Federal Government and the private sector (including experts in the field of dedicated energy crop feedstocks for cellulosic biofuels production), to analyze, and submit to Congress a report (including recommendations) on-- (1) modernization of the hydrocarbon reserves disclosures classification system of the Commission to reflect advances in reserves recovery from nontraditional sources (such as deep water, oil shale, tar sands, and renewable reserves for cellulosic biofuels feedstocks); and (2) the creation of a renewable reserves classification system for cellulosic biofuels feedstocks. (b) Deadline.--The task force shall submit the report required under subsection (a) by not later than 180 days after the date of enactment of this Act. ______ SA 1600. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the end of subtitle C of title I, add the following: SEC. 151. EVALUATION OF FISCHER-TROPSCH DIESEL AND JET FUEL AS AN EMISSION CONTROL STRATEGY. (a) In General.--The Administrator of the Environmental Protection Agency (referred to in this section as the ``Administrator''), in cooperation with the Secretary, the Secretary of Defense, the Administrator of the Federal Aviation Administration, the Secretary of Health and Human Services, and Fischer-Tropsch industry representatives, shall-- (1) conduct a research and demonstration program to evaluate the air quality benefits of ultra-clean Fischer- Tropsch transportation fuel, including diesel and jet fuel; (2) evaluate the use of ultra-clean Fischer-Tropsch transportation fuel as a mechanism for reducing engine exhaust emissions; and (3) submit to Congress recommendations on the most effective uses and associated benefits of those ultra-clean fuels with respect to reducing public exposure to exhaust emissions. (b) Guidance and Technical Support.--The Administrator shall issue, to the extent necessary, such guidance and technical support documents that the Administrator determines would facilitate the effective use and associated benefits of Fischer-Tropsch fuel and blends. (c) Requirements.--In carrying out this section, the Administrator shall take into consideration-- (1) the use of neat (100-percent) Fischer-Tropsch fuel and blends with conventional crude oil-derived fuel for heavy- duty and light-duty diesel engines and the aviation sector; and (2) the production costs associated with domestic production of those ultra-clean fuel, and prices for consumers. (d) Reports.--The Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives-- (1) not later than 180 days after the date of enactment of this Act, an interim report on actions taken to carry out this section; and (2) not later than 1 year after the date of enactment of this Act, a final report on actions taken to carry out this section. ______ SA 1601. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: On page 18, after line 25, add the following: (3) Sale of credits.-- (A) In general.--The President shall make available additional credits under this subsection for sale to refineries, blenders, and importers that are subject to subsection (b)(2)(B) at a price of $1.00 per gallon of gasoline equivalent. (B) Use of credits.--A refinery, blender, or importer may use a credit purchased under subparagraph (A) to comply with the renewable fuel obligation applicable to the refinery, blender, or importer under subsection (b)(2) for the calendar year in which the credit is purchased. (C) Deposit of revenue.--For each of fiscal years 2008 through 2022, revenues received as a result of sales of credits under this paragraph shall be deposited into the general fund of the Treasury. ______ SA 1602. Mr. INHOFE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes, which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. TRANSITIONAL ASSISTANCE FOR FARMERS WHO PLANT DEDICATED ENERGY CROPS FOR A LOCAL CELLULOSIC REFINERY. (a) Definitions.--In this section: (1) Cellulosic crop.--The term ``cellulosic crop'' means a tree or grass that is grown specifically-- (A) to provide raw materials (including feedstocks) for conversion to liquid transportation fuels or chemicals through biochemical or thermochemical processes; or (B) for energy generation through combustion, pyrolysis, or cofiring. (2) Cellulosic refiner.--The term ``cellulosic refiner'' means the owner or operator of a cellulosic refinery. (3) Cellulosic refinery.--The term ``cellulosic refinery'' means a refinery that processes a cellulosic crop. (4) Qualified cellulosic crop.--The term ``qualified cellulosic crop'' means, with respect to an agricultural producer, a cellulosic crop that is-- (A) the subject of a contract or memorandum of understanding between the producer and a cellulosic refiner, under which the producer is obligated to sell the crop to the cellulosic refiner by a certain date; and (B) produced not more than 70 miles from a cellulosic refinery owned or operated by the cellulosic refiner. (5) Secretary.--The term ``Secretary'' means the Secretary of Agriculture. (b) Transitional Assistance Payments.--The Secretary shall make transitional assistance payments to an agricultural producer during the first year in which the producer devotes land to the production of a qualified cellulosic crop. (c) Amount of Payment.-- (1) Determined by formula.--Subject to paragraph (2), the Secretary shall devise a formula to be used to calculate the amount of a payment to be made to an agricultural producer under this section, based on the opportunity cost (as determined in accordance with such standard as the Secretary may establish, taking into consideration land rental rates and other applicable costs) incurred by the producer during the first year in which the producer devotes land to the production of the qualified cellulosic crop. (2) Limitation.--The total of the amount paid to a producer under this section shall not exceed an amount equal to 25 percent of the amounts made available under subsection (e) for the applicable fiscal year. (d) Regulations.--The Secretary shall promulgate such regulations as the Secretary determines to be necessary to carry out this section. (e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $4,088,000 for each of fiscal years 2008 through 2012, to remain available until expended. ______ SA 1603. Mr. BROWN submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our [[Page S7773]] Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes, which was ordered to lie on the table; as follows: On page 142, strike lines 19 through 25 and insert the following: ``subject to section 400AA requiring that-- ``(A) not later than October 1, 2015, each Federal agency shall achieve at least a 20-percent reduction in petroleum consumption, and shall increase alternative fuel consumption by not less than 10 percent annually, as calculated from the baseline established by the Secretary for fiscal year 2005; and ``(B) of the inventory of the Federal fleet-- ``(i) not less than 15 percent shall be hybrid or flex- fuel vehicles by January 1, 2015; and ``(ii) not less than 25 percent shall be hybrid or flex- fuel vehicles by January 1, 2020. On page 143, lines 5 and 6, strike ``and the alternative fuel consumption increases'' and insert ``, the alternative fuel consumption increases, and the hybrid or flex-fuel vehicle requirements''. ______ SA 1604. Mr. SCHUMER submitted an amendment intended to be proposed by him to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes, which was ordered to lie on the table; as follows: At the end of subtitle F of title II, add the following: SEC. 279. UPDATING STATE BUILDING ENERGY EFFICIENCY CODES AND STANDARDS. (a) Updating National Model Building Energy Codes and Standards.-- (1) Updating.-- (A) In general.--The Secretary shall facilitate the updating of national model building energy codes and standards at least every 3 years to achieve overall energy savings, compared to the 2006 International Energy Conservation Code (referred to in this section as the ``IECC'') for residential buildings and ASHRAE/IES Standard 90.1 (2004) for commercial buildings, of at least-- (i) 30 percent by 2015; and (ii) 50 percent by 2022. (B) Modification of goal.--If the Secretary determines that the goal referred to in subparagraph (A)(ii) cannot be achieved using existing technology, or would not be lifecycle cost effective, the Secretary shall establish, after providing notice and an opportunity for public comment, a revised goal that ensures the maximum level of energy efficiency that is technologically feasible and lifecycle cost effective. (2) Revision of codes and standards.-- (A) In general.--If the IECC or ASHRAE/IES Standard 90.1 regarding building energy use is revised, not later than 1 year after the date of the revision, the Secretary shall determine whether the revision will-- (i) improve energy efficiency in buildings; and (ii) meets the targets established under paragraph (1). (B) Revision by secretary.-- (i) In general.--If the Secretary makes a determination under subparagraph (A)(ii) that a code or standard does not meet the targets established under paragraph (1), or if a national model code or standard is not updated for more than 3 years, not later than 2 years after the determination or the expiration of the 3-year period, the Secretary shall amend the IECC or ASHRAE/IES Standard 90.1 (as in effect on the date on which the determination is made) to establish a modified code or standard that meets the targets established under paragraph (1). (ii) Baseline.--The modified code or standard shall serve as the baseline for the next determination under subparagraph (A)(i). (C) Notice and comment.--The Secretary shall-- (i) publish in the Federal Register notice of targets, determinations, and modified codes and standards under this subsection; and (ii) provide the opportunity for public comment on targets, determinations, and modified codes and standards under this subsection. (b) State Certification of Building Energy Code Updates.-- (1) State certification.-- (A) In general.--Not later than 2 years after the date of enactment of this Act, each State shall certify to the Secretary that the State has reviewed and updated the residential and commercial building code of the State regarding energy efficiency. (B) Energy savings.--The certification shall include a demonstration that the code of the State-- (i) meets or exceeds the 2006 IECC for residential buildings and the ASHRAE/IES Standard 90.1-2004 for commercial buildings; or (ii) achieves equivalent or greater energy savings. (2) Revision of codes and standards.-- (A) In general.--If the Secretary makes an affirmative determination under subsection (a)(2)(A)(i) or establishes a modified code or standard under subsection (a)(2)(B), not later than 2 years after the determination or proposal, each State shall certify that the State has reviewed and updated the building code of the State regarding energy efficiency. (B) Energy savings.--The certification shall include a demonstration that the code of the State-- (i) meets or exceeds the revised code or standard; or (ii) achieves equivalent or greater energy savings. (C) Review and updating by states.--If the Secretary fails to make a determination under subsection (a)(2)(A)(i) by the date specified in subsection (a)(2) or makes a negative determination under subsection (a)(2)(A), not later 3 years after the specified date or the date of the determination, each State shall certify that the State has-- (i) reviewed the revised code or standard; and (ii) updated the building code of the State regarding energy efficiency to-- (I) meet or exceed any provisions found to improve energy efficiency in buildings; or (II) achieve equivalent or greater energy savings in other ways. (c) State Certification of Compliance With Building Codes.-- (1) In general.--Not later than 3 years after a certification of a State under subsection (b), the State shall certify that the State has achieved compliance with the certified building energy code. (2) Rate of compliance.--The certification shall include documentation of the rate of compliance based on independent inspections of a random sample of the new and renovated buildings covered by the code during the preceding year. (3) Compliance.--A State shall be considered to achieve compliance with the certified building energy code under paragraph (1) if-- (A) at least 90 percent of new and renovated buildings covered by the code during the preceding year substantially meet all the requirements of the code; or (B) the estimated excess energy use of new and renovated buildings that did not meet the code during the preceding year, compared to a baseline of comparable buildings that meet the code, is not more than 10 percent of the estimated energy use of all new and renovated buildings covered by the code during the preceding year. (d) Failure to Meet Deadlines.-- (1) Reports.--A State that has not made a certification required under subsection (b) or (c) by the applicable deadline shall submit to the Secretary a report on-- (A) the status of the State with respect to completing and submitting the certification; and (B) a plan of the State for completing and submitting the certification. (2) Extensions.--The Secretary shall permit an extension of an applicable deadline for a certification requirement under subsection (b) or (c) for not more than 1 year if a State demonstrates in the report of the State under paragraph (1) that the State has made-- (A) a good faith effort to comply with the requirements; and (B) significant progress in complying with the requirements, including by developing and implementing a plan to achieve that compliance. (3) Noncompliance by state.--Any State for which the Secretary has not accepted a certification by a deadline established under subsection (b) or (c), with any extension granted under paragraph (2), shall be considered not in compliance with this section. (4) Compliance by local governments.--In any State that is not in compliance with this section, a local government of the State may comply with this section by meeting the certification requirements under subsections (b) and (c). (5) Annual compliance reports.-- (A) In general.--The Secretary shall annually submit to Congress a report that contains, and publish in the Federal Register, a list of-- (i) each State (including local governments in a State, as applicable) that is in compliance with the requirements of this section; and (ii) each State that is not in compliance with those requirements. (B) Inclusion.--For each State included on a list described in subparagraph (A)(ii), the Secretary shall include an estimate of-- (i) the increased energy use by buildings in that State due to the failure of the State to comply with this section; and (ii) the resulting increase in energy costs to individuals and businesses. (e) Technical Assistance.-- (1) In general.--The Secretary shall provide technical assistance (including building energy analysis and design tools, building demonstrations, and design assistance and training) to enable the national model building energy codes and standards to meet the targets established under subsection (a)(1). (2) Assistance to states.--The Secretary shall provide technical assistance to States to-- (A) implement this section, including procedures for States to demonstrate that the codes of the States achieve equivalent or [[Page S7774]] greater energy savings than the national model codes and standards; (B) improve and implement State residential and commercial building energy efficiency codes; and (C) otherwise promote the design and construction of energy efficient buildings. (f) Availability of Incentive Funding.-- (1) In general.--The Secretary shall provide incentive funding to States to-- (A) implement this section; and (B) improve and implement State residential and commercial building energy efficiency codes, including increasing and verifying compliance with the codes. (2) Factors.--In determining whether, and in what amount, to provide incentive funding under this subsection, the Secretary shall consider the actions proposed by the State to-- (A) implement this section; (B) improve and implement residential and commercial building energy efficiency codes; and (C) promote building energy efficiency through the use of the codes. (3) Additional funding.--The Secretary shall provide additional funding under this subsection for implementation of a plan to achieve and document at least a 90 percent rate of compliance with residential and commercial building energy efficiency codes, based on energy performance-- (A) to a State that has adopted and is implementing, on a statewide basis-- (i) a residential building energy efficiency code that meets or exceeds the requirements of the 2006 IECC, or any succeeding version of that code that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); and (ii) a commercial building energy efficiency code that meets or exceeds the requirements of the ASHRAE/IES Standard 90.1-2004, or any succeeding version of that standard that has received an affirmative determination from the Secretary under subsection (a)(2)(A)(i); or (B) in a State in which there is no statewide energy code either for residential buildings or for commercial buildings, to a local government that has adopted and is implementing residential and commercial building energy efficiency codes, as described in subparagraph (A). (4) Training.--Of the amounts made available under this subsection, the Secretary may use to train State and local officials to implement codes described in paragraph (3) at least $500,000 for each fiscal year. (5) Authorization of appropriations.-- (A) In general.--There are authorized to be appropriated to carry out this subsection-- (i) $25,000,000 for each of fiscal years 2006 through 2010; and (ii) such sums as are necessary for fiscal year 2011 and each fiscal year thereafter. (B) Limitation.--Funding provided to States under paragraph (3) for each fiscal year shall not exceed \1/2\ of the excess of funding under this subsection over $5,000,000 for the fiscal year. (g) Technical Correction.--Section 303 of the Energy Conservation and Production Act (42 U.S.C. 6832) is amended by adding at the end the following: ``(17) IECC.--The term `IECC' means the International Energy Conservation Code.''. ______ SA 1605. Mr. SCHUMER submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes, which was ordered to lie on the table; as follows: On page 117, between lines 15 and 16, insert the following: SEC. 234. STATE REQUIREMENTS FOR ENERGY EFFICIENCY. Section 327(d) of the Energy Policy and Conservation Act (42 U.S.C. 6297(d)) is amended-- (1) in paragraph (1)-- (A) in subparagraph (B)-- (i) by striking ``paragraphs (2) through (5)'' and inserting ``paragraphs (2) and (3)''; and (ii) by striking ``such State regulation is needed to meet unusual and compelling State or local energy or water interests'' and inserting ``the benefit of the State regulation outweighs the cost of the State regulation''; and (B) by striking subparagraph (C) and inserting the following: ``(C) Definitions.--In this subsection: ``(i) Benefit.--The term `benefit' means-- ``(I) the lifecycle cost savings to consumers of a State that files a petition under subparagraph (A); and ``(II) the energy savings to consumers of a State that files a petition under subparagraph (A). ``(ii) Cost.--The term `cost' means any burden to the consumers of a State, including additional costs from manufacturing, distribution, sale, or service of a product covered by the regulation of the State on a national basis.''; (2) in paragraph (3), by striking ``significantly burden'' and all that follows through the end of the paragraph and inserting ``not provide any benefit.''; and (3) by striking paragraphs (4) through (6). ______ SA 1606. Mr. SCHUMER submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes, which was ordered to lie on the table; as follows: Beginning on page 93, strike line 2 and all that follows through page 95, line 25, and insert the following: of the final rule establishing a standard. ``(5) Failure to publish final determination or standard.-- Notwithstanding section 327, if the Secretary does not publish a final determination for a product by the date required under paragraph (1) or a final standard requiring greater energy efficiency or lower energy use than the federal minimum standards in effect for a product by the date required under paragraph (3), no State standard for the product shall be preempted until the earlier of-- ``(A) the date on which an amended final standard for the product published by the Secretary takes effect; or ``(B) the date that is 3 years after the date of publication of a final determination of the Secretary not to amend the applicable standard.''. (c) Standards.--Section 342(a) of the Energy Policy and Conservation Act (42 U.S.C. 6313(a)) is amended by striking paragraph (6) and inserting the following: ``(6) Amended energy efficiency standards.-- ``(A) Analysis of potential energy savings.--If ASHRAE/IES Standard 90.1 is amended with respect to any small commercial package air conditioning and heating equipment, large commercial package air conditioning and heating equipment, packaged terminal central and commercial air conditioners, packaged terminal heat pumps, warm-air furnaces, packaged boilers, storage water heaters, instantaneous water heaters, or unfired hot water storage tanks, not later than 180 days after the amendment of the standard, the Secretary shall publish in the Federal Register for public comment an analysis of the energy savings potential of amended energy efficiency standards. ``(B) Amended uniform national standard for products.-- ``(i) In general.--Except as provided in clause (ii), not later than 18 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for a product described in subparagraph (A), the Secretary shall establish an amended uniform national standard for the product at the minimum level for the applicable effective date specified in the amended ASHRAE/IES Standard 90.1. ``(ii) More stringent standard.--Clause (i) shall not apply if the Secretary determines, by rule published in the Federal Register, and supported by clear and convincing evidence, that adoption of a uniform national standard more stringent than the amended ASHRAE/IES Standard 90.1 for the product would result in significant additional conservation of energy and is technologically feasible and economically justified. ``(C) Rule.--If the Secretary makes a determination described in subparagraph (B)(ii) for a product described in subparagraph (A), not later than 30 months after the date of publication of the amendment to the ASHRAE/IES Standard 90.1 for the product, the Secretary shall issue the rule establishing the amended standard. ``(D) Amendment of standards.-- ``(i) In general.--After issuance of the most recent final rule for a product under this subsection, not later than 5 years after the date of issuance of a final rule establishing or amending a standard or determining not to amend a standard, the Secretary shall publish a final rule to determine whether standards for the product should be amended based on the criteria described in subparagraph (A). ``(ii) Analysis.--Prior to publication of the determination, the Secretary shall publish a notice of availability describing the analysis of the Department and provide opportunity for written comment. ``(iii) Final rule.--Not later than 3 years after a positive determination under clause (i), the Secretary shall publish a final rule amending the standard for the product. ``(iv) Failure to publish final determination or standard.--Notwithstanding sections 327 and 345(b)(2)(A), if the Secretary does not publish a final determination for a product by the date required under clause (i) or a final standard requiring greater energy efficiency or lower energy use than the federal minimum standards in effect for a product by a date required under clause (iii), no State standard for the product shall be preempted until the earlier of-- ``(I) the date on which an amended final standard for the product published by the Secretary takes effect; and ``(II) the date that is 3 years after the date of publication of a final determination of the Secretary not to amend the applicable standard.''. [[Page S7775]] ______ SA 1607. Mr. GREGG (for himself, Mrs. Feinstein, Mr. Sununu, Mr. Kyl, and Mr. Ensign) submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. ELIMINATION OF ETHANOL TARIFF AND DUTY. (a) In General.-- (1) Elimination of permanent tariff of 2.5 percent.-- Subheading 2207.10.60 of the Harmonized Tariff Schedule of the United States is amended-- (A) by striking the column 1 general rate of duty and inserting ``Free''; and (B) by striking the matter contained in the column 1 special rate of duty column and inserting ``Free''. (2) Elimination of permanent tariff of 1.9 percent.-- (A) In general.--Chapter 22 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new subheading: ---------------------------------------------------------------------------------------------------------------- `` 2207.20.20 Ethyl alcohol and Free Free (A+, AU, BH, 20% '' other spirits, CA, CL, D, E, IL, . denatured, of any J, JO, MA, MX, P, strength (if used SG) as a fuel or in a mixture to be used as a fuel)........ (B) Conforming amendment.--The article description for subheading 2207.20.00 of the Harmonized Tariff Schedule of the United States is amended by inserting ``(not provided for in subheading 2207.20.20)'' after ``strength''. (b) Repeal of Temporary Duty of 54 Cents Per Gallon.-- Subchapter I of chapter 99 of the Harmonized Tariff Schedule of the United States is amended-- (1) by striking heading 9901.00.50; and (2) by striking U.S. Notes 2 and 3 relating to heading 9901.00.50. (c) Effective Date.--The amendments made by this section apply with respect to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. ______ SA 1608. Mr. CORKER submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: In section 102(1)(B)(v), strike ``and'' at the end. In section 102(1)(B)(vi), strike the period at the end and insert ``; and''. At the end of section 102(1)(B), add the following: (vii) after December 31, 2015, any fuel that-- (I) is not derived from crude oil; and (II) achieves-- (aa) as compared to conventional gasoline, lifecycle emission reductions of 2 or more air pollutants, including-- (AA) sulfur dioxide; (BB) nitrogen oxides; (CC) carbon monoxide; (DD) particulate matter with a diameter smaller than 10 microns; and (EE) volatile organic compounds; and (bb) a 20-percent reduction in lifecycle greenhouse gas emissions compared to conventional gasoline. In section 102, redesignate paragraphs (3) through (7) as paragraphs (4) through (8), respectively, and insert between paragraphs (2) and (4) (as so redesignated) the following: (3) Clean fuel.--The term ``clean fuel'' means motor vehicle fuel, boiler fuel, or home heating fuel that-- (A) is not derived from crude oil; (B)(i) as compared to conventional gasoline, has lower lifecycle emissions of 2 or more air pollutants, including-- (I) sulfur dioxide; (II) nitrogen oxides; (III) carbon monoxide; (IV) particulate matter with a diameter smaller than 10 microns; and (V) volatile organic compounds; or (ii) achieves a 20-percent reduction in lifecycle greenhouse gas emissions compared to conventional gasoline; and (C) has lower lifecycle greenhouse gas emissions than conventional gasoline. In section 102, strike paragraph (6) (as so redesignated) and insert the following: (6) Renewable fuel.-- (A) In general.--The term ``renewable fuel'' means motor vehicle fuel, boiler fuel, or home heating fuel that is-- (i) produced from renewable biomass; and (ii) used to replace or reduce the quantity of fossil fuel present in a fuel or fuel mixture used to operate a motor vehicle, boiler, or furnace. (B) Inclusion.--The term ``renewable fuel'' includes-- (i) conventional biofuel; (ii) advanced biofuel; and (iii) clean fuel. In section 111(a)(1)(B)(i)(II), insert ``(other than clean fuels)'' after ``renewable fuels''. ______ SA 1609. Mr. THUNE submitted an amendment intended to be proposed to amendment SA 1502 proposed by Mr. Reid to the bill H.R. 6, to reduce our Nation's dependency on foreign oil by investing in clean, renewable, and alternative energy resources, promoting new emerging energy technologies, developing greater efficiency, and creating a Strategic Energy Efficiency and Renewables Reserve to invest in alternative energy, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. CLEAN ENERGY CORRIDORS. Section 216 of the Federal Power Act (16 U.S.C. 824p) is amended-- (1) in subsection (a)-- (A) by striking ``(1) Not later than'' and inserting the following: ``(1) In general.--Not later than''; (B) by striking paragraph (2) and inserting the following: ``(2) Report and designations.-- ``(A) In general.--After considering alternatives and recommendations from interested parties (including an opportunity for comment from affected States), the Secretary shall issue a report, based on the study conducted under paragraph (1), in which the Secretary may designate as a national interest electric transmission corridor any geographic area experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers, including constraints or congestion that-- ``(i) increases costs to consumers; ``(ii) limits resource options to serve load growth; or ``(iii) limits access to sources of clean energy, such as wind, solar energy, geothermal energy, and biomass. ``(B) Additional designations.--In addition to the corridor designations made under subparagraph (A), the Secretary may designate additional corridors in accordance with that subparagraph upon the application by an interested person, on the condition that the Secretary provides for an opportunity for notice and comment by interested persons and affected States on the application.''; (C) in paragraph (3), the striking ``(3) The Secretary'' and inserting the following: ``(3) Consultation.--The Secretary''; and (D) in paragraph (4)-- (i) by striking ``(4) In determining'' and inserting the following: ``(4) Basis for determination.--In determining''; and (ii) by striking subparagraphs (A) through (E) and inserting the following: ``(A) the economic vitality and development of the corridor, or the end markets served by the corridor, may be constrained by lack of adequate or reasonably priced electricity; ``(B)(i) economic growth in the corridor, or the end markets served by the corridor, may be jeopardized by reliance on limited sources of energy; and ``(ii) a diversification of supply is warranted; ``(C) the energy independence of the United States would be served by the designation; ``(D) the designation would be in the interest of national energy policy; and ``(E) the designation would enhance national defense and homeland security.''; and (2) by adding at the end the following: ``(l) Rates and Recovery of Costs.-- ``(1) In general.--Not later than 1 year after the date of enactment of this subsection, the Commission shall promulgate regulations providing for the allocation and recovery of costs prudently incurred by public utilities in building and operating facilities authorized under this section for transmission of electric energy generated from clean sources (such as wind, solar energy, geothermal energy, and biomass). ``(2) Applicable provisions.--All rates approved under the regulations promulgated under paragraph (1), including any revisions [[Page S7776]] to the regulations, shall be subject to the requirements under sections 205 and 206 that all rates, charges, terms, and conditions be just and reasonable and not unduly discriminatory or preferential.''. ____________________