[Congressional Record Volume 153, Number 98 (Monday, June 18, 2007)]
[Senate]
[Pages S7819-S7833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1623. Mr. CARPER 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. _. FEDERAL FLEET FUEL EFFICIENT VEHICLES.

       (a) In General.--The Secretary of Energy shall coordinate 
     with the Administrator of General Services to ensure that 
     vehicles procured by Federal agencies are the most fuel 
     efficient in their class.
       (b) Purchase of Advanced Technology Vehicles.--
       (1) The Secretary of Energy shall coordinate with the 
     Administrator of General Services to ensure that, of the 
     vehicles procured after September 30, 2008--
       (A) not less than 5 percent of the total number of such 
     vehicles that are procured in each of fiscal years 2009 and 
     2010 are advanced technology vehicles;
       (B) not less than 10 percent of the total number of such 
     vehicles that are procured in each of fiscal years 2011 and 
     2012 are advanced technology vehicles; and
       (C) not less than 15 percent of the total number of such 
     vehicles that are procured each fiscal year after fiscal year 
     2012 are advanced technology vehicles.
       (2) Waiver.--The Secretary, in consultation with the 
     Administrator, may waive the requirements of paragraph (1) 
     for any fiscal year to the extent that the Secretary 
     determines necessary to adjust to limitations on the 
     commercial availability of advanced technology vehicles.
       (c) Report on Plans for Implementation.--At the same time 
     that the President submits the budget for fiscal year 2009 to 
     Congress under section 1105(a) of title 31, United States 
     Code, the Secretary shall submit to Congress a report 
     summarizing the plans for carrying out subsections (a) and 
     (b).
       (d) Advanced Technology Vehicle Defined.--The term 
     ``advanced technology vehicle'' means a motor vehicle that 
     draws propulsion energy from onboard sources of stored energy 
     that is--
       (1) a new advanced lean burn technology motor vehicle (as 
     defined in section 30B(c)(3) of the Internal Revenue Code of 
     1986);
       (2) a new qualified hybrid motor vehicle (as defined in 
     section 30B(d)(3) of such Code); or
       (3) a new qualified fuel cell motor vehicle (as defined in 
     section 30B(e)(4) of such Code).
                                 ______
                                 
  SA 1624. Mrs. DOLE (for herself and Mr. Carper) 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 127, line 5, insert ``(including flow batteries)'' 
     after ``batteries''.
                                 ______
                                 
  SA 1625. Mrs. DOLE 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. ____. REPORT ON OIL AND GAS OPERATIONS IN SUDAN.

       Not later than 30 days after the date of the enactment of 
     this Act, the Secretary of Treasury, in consultation with the 
     Secretary of State and Secretary of Energy, shall report to 
     the Congress and the President regarding persons and entities 
     engaged in oil or gas operations in Sudan with respect to 
     which sanctions are applicable under Executive Order 13400 
     (71 Fed. Reg. 25483, May 1, 2006).
                                 ______
                                 
  SA 1626. Mrs. DOLE 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 138, line 3, strike ``oil consumption'' and insert 
     ``reliance on foreign sources of oil''.
       On page 139, strike lines 5 through 9 and insert the 
     following:
       (2) Limitations.--
       (A) Advertising.--In carrying out this section, the 
     Secretary shall allocate not less than 85 percent of funds 
     made available under subsection (e) for each fiscal year for 
     the advertising functions specified under paragraph (1)(A).
       (B) Prohibition on certain uses.--None of the funds made 
     available under subsection (e) shall be used--
       (i) for partisan political purposes, or for express 
     advocacy in support of, or to defeat, any clearly 
     identified--

[[Page S7820]]

       (I) political candidate;
       (II) ballot initiative; or
       (III) legislative or regulatory proposal;

       (ii) to fund advertising that features any elected 
     official, person seeking elected office, cabinet-level 
     official, or other Federal official employed pursuant to 
     section 213 of schedule C of title 5, Code of Federal 
     Regulations (or successor regulations); or
       (iii) to fund advertising that does not contain a primary 
     message in accordance with subsection (a).
       (3) Matching requirement.--The amount of funds made 
     available under subsection (e) for the procurement of media 
     time or space for the campaign under this section shall be 
     matched by an equal amount of non-Federal funds, to be 
     provided in cash or in-kind.
                                 ______
                                 
  SA 1627. Mr. KOHL (for himself and Mr. Burr) 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. USE OF HIGHLY ENERGY EFFICIENT COMMERCIAL WATER 
                   HEATING EQUIPMENT IN FEDERAL BUILDINGS.

       (a) In General.--Title 40, United States Code is amended--
       (1) by redesignating sections 3313 through 3315 as sections 
     3314 through 3316, respectively; and
       (2) by inserting after section 3312 the following:

     ``SEC. 3313. USE OF HIGHLY ENERGY-EFFICIENT COMMERCIAL WATER 
                   HEATING EQUIPMENT IN FEDERAL BUILDINGS.

       ``(a) Definitions.--In this section:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of General Services.
       ``(2) Highly energy-efficient commercial water heater.--The 
     term `highly energy-efficient commercial water heater' means 
     a commercial water heater that--
       ``(A) meets applicable standards for water heaters under 
     the Energy Star program established by section 324A of the 
     Energy Policy and Conservation Act (42 U.S.C. 6294a); or
       ``(B) has thermal efficiencies of not less than--
       ``(i) 90 percent for gas units with inputs of a rate that 
     is not higher than 500,000 British thermal units per hour; or
       ``(ii) 87 percent for gas units with inputs of a rate that 
     is higher than 500,000 British thermal units per hour.
       ``(b) Maintenance of Public Buildings.--Each commercial 
     water heater that is replaced by the Administrator in the 
     normal course of maintenance, or determined by the 
     Administrator to be replaceable to generate substantial 
     energy savings, shall be replaced, to the maximum extent 
     feasible (as determined by the Administrator) with a highly 
     energy-efficient commercial water heater.
       ``(c) Considerations.--In making a determination under this 
     section relating to the installation of a highly energy-
     efficient commercial water heater, the Administrator shall 
     consider--
       ``(1) the life-cycle cost effectiveness of the highly 
     energy-efficient commercial water heater;
       ``(2) the compatibility of the highly energy-efficient 
     commercial water heater with equipment that, on the date on 
     which the Administrator makes the determination, is installed 
     in the public building; and
       ``(3) whether the use of the highly energy-efficient 
     commercial water heater could interfere with the productivity 
     of any activity carried out in the public building.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     takes effect on the date that is 180 days after the date of 
     enactment of this Act.
                                 ______
                                 
  SA 1628. Mr. BUNNING (for himself, Mr. Domenici, Mr. Enzi, Mr. Craig, 
and 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; as follows:

       Redesignate sections 141 through 150 as sections 151 
     through 160.
       Redesignate subtitle C of title I as subtitle D.
       After subtitle B of title I, insert the following:

        Subtitle C--Clean Coal-Derived Fuels for Energy Security

     SEC. 141. SHORT TITLE.

       This subtitle may be cited as the ``Clean Coal-Derived 
     Fuels for Energy Security Act of 2007''.

     SEC. 142. DEFINITIONS.

       In this subtitle:
       (1) Clean coal-derived fuel.--
       (A) In general.--The term ``clean coal-derived fuel'' means 
     aviation fuel, motor vehicle fuel, home heating oil, or 
     boiler fuel that is--
       (i) substantially derived from the coal resources of the 
     United States; and
       (ii) refined or otherwise processed at a facility located 
     in the United States that captures up to 100 percent of the 
     carbon dioxide emissions that would otherwise be released at 
     the facility.
       (B) Inclusions.--The term ``clean coal-derived fuel'' may 
     include any other resource that is extracted, grown, 
     produced, or recovered in the United States.
       (2) Covered fuel.--The term ``covered fuel'' means--
       (A) aviation fuel;
       (B) motor vehicle fuel;
       (C) home heating oil; and
       (D) boiler fuel.
       (3) Small refinery.--The term ``small refinery'' means a 
     refinery for which the average aggregate daily crude oil 
     throughput for a calendar year (as determined by dividing the 
     aggregate throughput for the calendar year by the number of 
     days in the calendar year) does not exceed 75,000 barrels.

     SEC. 143. CLEAN COAL-DERIVED FUEL PROGRAM.

       (a) Program.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the President shall promulgate 
     regulations to ensure that covered fuel sold or introduced 
     into commerce in the United States (except in noncontiguous 
     States or territories), on an annual average basis, contains 
     the applicable volume of clean coal-derived fuel determined 
     in accordance with paragraph (4).
       (2) Provisions of regulations.--Regardless of the date of 
     promulgation, the regulations promulgated under paragraph 
     (1)--
       (A) shall contain compliance provisions applicable to 
     refineries, blenders, distributors, and importers, as 
     appropriate, to ensure that--
       (i) the requirements of this subsection are met; and
       (ii) clean coal-derived fuels produced from facilities for 
     the purpose of compliance with this subtitle achieve at least 
     a 20 percent reduction in life cycle greenhouse gas emissions 
     compared to gasoline; but
       (B) shall not--
       (i) restrict geographic areas in the contiguous United 
     States in which clean coal-derived fuel may be used; or
       (ii) impose any per-gallon obligation for the use of clean 
     coal-derived fuel.
       (3) Relationship to other regulations.--Regulations 
     promulgated under this paragraph shall, to the maximum extent 
     practicable, incorporate the program structure, compliance 
     and reporting requirements established under the final 
     regulations promulgated to implement the renewable fuel 
     program established by the amendment made by section 
     1501(a)(2) of the Energy Policy Act of 2005 (Public Law 109-
     58; 119 Stat. 1067).
       (4) Applicable volume.--
       (A) Calendar years 2016 through 2022.--For the purpose of 
     this subsection, the applicable volume for any of calendar 
     years 2016 through 2022 shall be determined in accordance 
     with the following table:
                           Applicable volume of clean coal-derived fuel
Calendar year:                                (in billions of gallons):
  2016.........................................................0.75....

  2017..........................................................1.5....

  2018.........................................................2.25....

  2019.........................................................3.75....

  2020..........................................................4.5....

  2021.........................................................5.25....

  2022..........................................................6.0....

       (B) Calendar year 2023 and thereafter.--Subject to 
     subparagraph (C), for the purposes of this subsection, the 
     applicable volume for calendar year 2023 and each calendar 
     year thereafter shall be determined by the President, in 
     coordination with the Secretary and the Administrator of the 
     Environmental Protection Agency, based on a review of the 
     implementation of the program during calendar years 2016 
     through 2022, including a review of--
       (i) the impact of clean coal-derived fuels on the energy 
     security of the United States;
       (ii) the expected annual rate of future production of clean 
     coal-derived fuels; and
       (iii) the impact of the use of clean coal-derived fuels on 
     other factors, including job creation, rural economic 
     development, and the environment.
       (C) Minimum applicable volume.--For the purpose of this 
     subsection, the applicable volume for calendar year 2023 and 
     each calendar year thereafter shall be equal to the product 
     obtained by multiplying--
       (i) the number of gallons of covered fuel that the 
     President estimates will be sold or introduced into commerce 
     in the calendar year; and
       (ii) the ratio that--

       (I) 6,000,000,000 gallons of clean coal-derived fuel; bears 
     to
       (II) the number of gallons of covered fuel sold or 
     introduced into commerce in calendar year 2022.

       (b) Applicable Percentages.--
       (1) Provision of estimate of volumes of certain fuel 
     sales.--Not later than October 31 of each of calendar years 
     2016 through 2021, the Administrator of the Energy 
     Information

[[Page S7821]]

     Administration shall provide to the President an estimate, 
     with respect to the following calendar year, of the volumes 
     of covered fuel projected to be sold or introduced into 
     commerce in the United States.
       (2) Determination of applicable percentages.--
       (A) In general.--Not later than November 30 of each of 
     calendar years 2016 through 2022, based on the estimate 
     provided under paragraph (1), the President shall determine 
     and publish in the Federal Register, with respect to the 
     following calendar year, the clean coal-derived fuel 
     obligation that ensures that the requirements of subsection 
     (a) are met.
       (B) Required elements.--The clean coal-derived fuel 
     obligation determined for a calendar year under subparagraph 
     (A) shall--
       (i) be applicable to refineries, blenders, and importers, 
     as appropriate;
       (ii) be expressed in terms of a volume percentage of 
     covered fuel sold or introduced into commerce in the United 
     States; and
       (iii) subject to paragraph (3)(A), consist of a single 
     applicable percentage that applies to all categories of 
     persons specified in clause (i).
       (3) Adjustments.--In determining the applicable percentage 
     for a calendar year, the President shall make adjustments--
       (A) to prevent the imposition of redundant obligations on 
     any person specified in paragraph (2)(B)(i); and
       (B) to account for the use of clean coal-derived fuel 
     during the previous calendar year by small refineries that 
     are exempt under subsection (f).
       (c) Volume Conversion Factors for Clean Coal-Derived Fuels 
     Based on Energy Content.--
       (1) In general.--For the purpose of subsection (a), the 
     President shall assign values to specific types of clean 
     coal-derived fuel for the purpose of satisfying the fuel 
     volume requirements of subsection (a)(4) in accordance with 
     this subsection.
       (2) Energy content relative to diesel fuel.--For clean 
     coal-derived fuels, 1 gallon of the clean coal-derived fuel 
     shall be considered to be the equivalent of 1 gallon of 
     diesel fuel multiplied by the ratio that--
       (A) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of the clean coal-derived fuel 
     (as measured under conditions determined by the Secretary); 
     bears to
       (B) the number of British thermal units of energy produced 
     by the combustion of 1 gallon of diesel fuel (as measured 
     under conditions determined by the Secretary to be comparable 
     to conditions described in subparagraph (A)).
       (d) Credit Program.--
       (1) In general.--The President, in consultation with the 
     Secretary and the clean coal-derived fuel requirement of this 
     section.
       (2) Market transparency.--In carrying out the credit 
     program under this subsection, the President shall facilitate 
     price transparency in markets for the sale and trade of 
     credits, with due regard for the public interest, the 
     integrity of those markets, fair competition, and the 
     protection of consumers.
       (e) Waivers.--
       (1) In general.--The President, in consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency, may waive the requirements of subsection 
     (a) in whole or in part on petition by 1 or more States by 
     reducing the national quantity of clean coal-derived fuel 
     required under subsection (a), based on a determination by 
     the President (after public notice and opportunity for 
     comment), that--
       (A) implementation of the requirement would severely harm 
     the economy or environment of a State, a region, or the 
     United States; or
       (B) extreme and unusual circumstances exist that prevent 
     distribution of an adequate supply of domestically-produced 
     clean coal-derived fuel to consumers in the United States.
       (2) Petitions for waivers.--The President, in consultation 
     with the Secretary and the Administrator of the Environmental 
     Protection Agency, shall approve or disapprove a State 
     petition for a waiver of the requirements of subsection (a) 
     within 90 days after the date on which the petition is 
     received by the President.
       (3) Termination of waivers.--A waiver granted under 
     paragraph (1) shall terminate after 1 year, but may be 
     renewed by the President after consultation with the 
     Secretary and the Administrator of the Environmental 
     Protection Agency.
       (f) Small Refineries.--
       (1) Temporary exemption.--
       (A) In general.--The requirements of subsection (a) shall 
     not apply to small refineries until calendar year 2018.
       (B) Extension of exemption.--
       (i) Study by secretary.--Not later than December 31, 2013, 
     the Secretary shall submit to the President and Congress a 
     report describing the results of a study to determine whether 
     compliance with the requirements of subsection (a) would 
     impose a disproportionate economic hardship on small 
     refineries.
       (ii) Extension of exemption.--In the case of a small 
     refinery that the Secretary determines under clause (i) would 
     be subject to a disproportionate economic hardship if 
     required to comply with subsection (a), the President shall 
     extend the exemption under subparagraph (A) for the small 
     refinery for a period of not less than 2 additional years.
       (2) Petitions based on disproportionate economic 
     hardship.--
       (A) Extension of exemption.--A small refinery may at any 
     time petition the President for an extension of the exemption 
     under paragraph (1) for the reason of disproportionate 
     economic hardship.
       (B) Evaluation of petitions.--In evaluating a petition 
     under subparagraph (A), the President, in consultation with 
     the Secretary, shall consider the findings of the study under 
     paragraph (1)(B) and other economic factors.
       (C) Deadline for action on petitions.--The President shall 
     act on any petition submitted by a small refinery for a 
     hardship exemption not later than 90 days after the date of 
     receipt of the petition.
       (3) Opt-in for small refineries.--A small refinery shall be 
     subject to the requirements of subsection (a) if the small 
     refinery notifies the President that the small refinery 
     waives the exemption under paragraph (1).
       (g) Penalties and Enforcement.--
       (1) Civil penalties.--
       (A) In general.--Any person that violates a regulation 
     promulgated under subsection (a), or that fails to furnish 
     any information required under such a regulation, shall be 
     liable to the United States for a civil penalty of not more 
     than the total of--
       (i) $25,000 for each day of the violation; and
       (ii) the amount of economic benefit or savings received by 
     the person resulting from the violation, as determined by the 
     President.
       (B) Collection.--Civil penalties under subparagraph (A) 
     shall be assessed by, and collected in a civil action brought 
     by, the Secretary or such other officer of the United States 
     as is designated by the President.
       (2) Injunctive authority.--
       (A) In general.--The district courts of the United States 
     shall have jurisdiction to--
       (i) restrain a violation of a regulation promulgated under 
     subsection (a);
       (ii) award other appropriate relief; and
       (iii) compel the furnishing of information required under 
     the regulation.
       (B) Actions.--An action to restrain such violations and 
     compel such actions shall be brought by and in the name of 
     the United States.
       (C) Subpoenas.--In the action, a subpoena for a witness who 
     is required to attend a district court in any district may 
     apply in any other district.
       (h) Effective Date.--Except as otherwise specifically 
     provided in this section, this section takes effect on 
     January 1, 2016.
                                 ______
                                 
  SA 1629. Mr. KYL 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 FEASIBILITY AND IMPACT OF RENEWABLE FUEL 
                   AND ADVANCED BIOFUEL REQUIREMENTS.

       (a) In General.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency, the 
     Administrator of the Energy Information Administration, the 
     Secretary of Agriculture, and the Director of the United 
     States Geological Service, shall conduct a study--
       (1) to determine the feasibility of meeting the renewable 
     fuel and advanced biofuel requirements of section 111; and
       (2) to evaluate the impact of meeting those standards in 
     accordance with the phase-in schedule required under section 
     111.
       (b) Scope.--In conducting the study, the Secretary shall 
     consider--
       (1) the technological feasibility and economic impact of 
     the renewable fuel and advanced biofuel requirements of 
     section 111;
       (2) the environmental impact of the requirements, including 
     the impact on water supply;
       (3) the overall costs and benefits of meeting the 
     requirements;
       (4) the degree in which the requirements will maintain a 
     level playing field among all biofuel technology 
     alternatives;
       (5) the degree to which energy security benefits can be 
     measured and considered, measured in part by how much less 
     oil is imported;
       (6) the impact on fuel fungibility;
       (7) the impact on price volatility;
       (8) the impact on overall energy supply and distribution;
       (9) the capability of infrastructure for alternative fuels, 
     including distribution and transportation;
       (10) the actual and projected domestic renewable fuel 
     production capability, by type;
       (11) actual and projected imports of renewable fuel, by 
     type;
       (12) the impact on domestic food prices;
       (13) the impact on tallow prices; and
       (14) the impact on domestic animal agriculture feedstocks.
       (c) Peer Review.--The Secretary shall enter into an 
     arrangement with the National Academy of Sciences under which 
     the Academy shall conduct a peer review of the results of the 
     study.

[[Page S7822]]

       (d) Reports.--
       (1) In general.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study required under 
     this section.
       (2) Updates.--Not later than 2 years after the date of 
     submission of the report under paragraph (1), and every 2 
     years thereafter through December 31, 2022, the Secretary 
     shall submit to Congress an update on the study required 
     under this section.
       (e) Adjustment of Alternative Fuel Standard and Schedule.--
       (1) In general.--Notwithstanding any other provision of 
     this title, if the study or an update required under this 
     section demonstrates a shortfall in the supply of the actual 
     or projected renewable fuel or advanced biofuel production 
     and imports necessary to meet the phase-in schedule required 
     under section 111, not later than 1 year after the date on 
     which a report or update is submitted to Congress, the 
     Administrator of the Environmental Protection Agency shall 
     promulgate, through notice and comment rulemaking, such 
     regulations as are necessary to make a downward adjustment in 
     the level of renewable fuel or advanced biofuel required 
     under section 111 or adjust the phase-in schedule, or both, 
     to alleviate the shortfall.
       (2) Effective date.--Any adjustment of the phase-in 
     schedule under paragraph (1) shall take effect not earlier 
     than 90 days after the date of publication of the final rule 
     in the Federal Register, as determined by the Administrator 
     of the Environmental Protection Agency.
                                 ______
                                 
  SA 1630. Mr. CASEY 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, strike lines 6 though 12 and insert the 
     following:

     SEC. 271. WEATHERIZATION ASSISTANCE FOR LOW-INCOME PERSONS.

       (a) Energy-Efficient Appliance Purchase Assistance for Low-
     Income Persons Program.--Section 413 of the Energy 
     Conservation and Production Act (42 U.S.C. 6863) is amended 
     by adding at the end the following:
       ``(f) Energy-Efficient Appliance Purchase Assistance for 
     Low-Income Persons Program.--
       ``(1) In general.--As part of the weatherization program 
     established under this part, the Administrator shall carry 
     out a program, to be called the `Energy-Efficient Appliance 
     Purchase Assistance for Low-Income Persons Program', under 
     which the Administrator shall provide grants to low-income 
     persons to pay the Federal share of the cost of purchasing 
     eligible home appliances.
       ``(2) Eligible home appliance.--A grant provided under this 
     subsection may only be used to purchase a home appliance that 
     is certified under the Energy Star program or is otherwise 
     determined by the Administrator to be energy efficient, 
     including a home heating system, home cooling system, 
     refrigerator, water heater, washer, or dryer.
       ``(3) Cost sharing.--
       ``(A) Federal share.--The Federal share of a grant provided 
     under this subsection shall be 95 percent of the cost of 
     purchasing an eligible home appliance.
       ``(B) Source of non-federal share.--The non-Federal share 
     of a grant provided under this subsection may be derived from 
     funds provided by charitable, State, or local organizations 
     or agencies.
       ``(4) Preference.--In providing grants under this 
     subsection, the Administrator shall give preference to low-
     income persons that are located in States that have 
     implemented programs, including programs in partnership with 
     for-profit and nonprofit organizations, that promote the 
     purchase of energy-efficient appliances, as determined by the 
     Administrator.
       ``(5) Administration.--The terms and conditions of the 
     weatherization program established under this part shall 
     apply to this subsection to the extent determined appropriate 
     by the Administrator.
       ``(6) Funding.--Of the funds that are made available under 
     section 422, the Secretary shall use to carry out this 
     subsection not less than $4,000,000 for each of fiscal years 
     2008 through 2012.''.
       (b) Authorization of Appropriations.--Section 422 of the 
     Energy Conservation and Production Act (42 U.S.C. 6872) is 
     amended by striking ``$700,000,000 for fiscal year 2008'' and 
     inserting ``$750,000,000 for each of fiscal years 2008 
     through 2012''.
                                 ______
                                 
  SA 1631. Mrs. McCASKILL 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 FLEET FUELING CENTERS.

       (a) In General.--Not later than January 1, 2010, the head 
     of each Federal agency shall install at least 1 renewable 
     fuel pump at each Federal fleet fueling center in the United 
     States under the jurisdiction of the head of the Federal 
     agency.
       (b) Report.--Not later than October 31 of the first 
     calendar year after the date of enactment of this Act, and 
     each October 31 thereafter, the President shall submit to 
     Congress a report that describes the progress towards 
     complying with subsection (a), including identifying--
       (1) the number of Federal fleet fueling centers that 
     contain at least 1 renewable fuel pump; and
       (2) the number of Federal fleet fueling centers that do not 
     contain any renewable fuel pumps.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 1632. Mr. FEINGOLD 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, strike lines 13 through 17 and insert the 
     following:

     SEC. 272. STATE ENERGY CONSERVATION PLANS.

       (a) Findings and Purposes.--Section 361 of the Energy 
     Policy and Conservation Act (42 U.S.C. 6321) is amended--
       (1) in subsection (a)--
       (A) in paragraph (2), by striking ``and'' at the end;
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) the dependence of the United States on foreign energy 
     sources (especially petroleum products) has long-term 
     security implications that necessitate actions at the local 
     and national levels to increase energy independence, 
     particularly through support of sustainable domestic 
     production of renewable energy; and''; and
       (2) in subsection (b)--
       (A) by striking ``energy and reduce'' and inserting 
     ``energy, reduce''; and
       (B) by inserting ``, and increase energy independence 
     through use of local renewable energy'' after ``demand''.
       (b) Optional Features of Plans.--Section 362(d) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is 
     amended--
       (1) in paragraph (16), by striking ``and'' after the 
     semicolon at the end;
       (2) by redesignating paragraph (17) as paragraph (18); and
       (3) by inserting after paragraph (16) the following:
       ``(17) programs to improve energy independence through the 
     production and use of domestic renewable energy, with an 
     emphasis on programs that--
       ``(A) maximize the benefits for local communities through 
     local, cooperative, or small business ownership; and
       ``(B) are environmentally sustainable; and''.
       (c) Supplemental State Energy Independence Assessment and 
     Planning Programs.--Section 362 of the Energy Policy and 
     Conservation Act (42 U.S.C. 6322) is amended by adding at the 
     end the following:
       ``(h) Supplemental State Energy Independence Assessment and 
     Planning Programs.--
       ``(1) In general.--As part of a review conducted under 
     subsection (g), each State is encouraged to consider filing a 
     supplement to the energy conservation plan of the State that 
     includes an energy independence assessment and planning 
     program.
       ``(2) Plan.--Each State is encouraged to include in the 
     program a plan that includes--
       ``(A) a comprehensive assessment of the statewide energy 
     demand and renewable energy production capabilities; and
       ``(B) 1 or more implementation strategies (including 
     regional coordination) for decreasing dependence on foreign 
     energy sources, including petroleum.
       ``(3) Informational purposes.--The submission of the plan 
     and program shall be for informational purposes only and 
     shall not require approval by the Secretary.
       ``(4) Contents.--In preparing a program of a State under 
     paragraph (1), each State is encouraged to consider ways to--
       ``(A) support local and regional sustainable bioenergy use 
     and production (including support of small businesses);
       ``(B) support and coordinate between other renewable 
     energy, energy efficiency, and conservation activities at the 
     local, State, regional, or Federal level;
       ``(C) in the case of bioenergy production, support a broad 
     range of farm sizes, crops (including agroforestry), and 
     production

[[Page S7823]]

     techniques, with a particular focus on small- and moderate-
     sized family farms;
       ``(D) maximize the public value of developing and using 
     sustainable bioenergy, including activities that--
       ``(i) manage energy usage through energy efficiency and 
     conservation;
       ``(ii) develop new energy sources in a manner that is 
     economically viable, ecologically sound, and socially 
     responsible; and
       ``(iii) grow or produce biomass in a sustainable manner 
     that--

       ``(I) has net environmental benefits; and
       ``(II) takes into account factors such as relative water 
     quality, soil quality, air quality, wildlife impacts, net 
     energy balance, crop diversity, and provision of adequate 
     income for agricultural producers; and

       ``(E) support local and farmer-owned projects in order to 
     retain and maximize local and regional economic benefits.''.
       (d) State Energy Efficiency Goals.--Section 364 of the 
     Energy Policy and Conservation Act (42 U.S.C. 6324) is 
     amended--
       (1) by striking the section heading and all that follows 
     through ``Each'' and inserting the following:

     ``SEC. 364. STATE ENERGY EFFICIENCY GOALS.

       ``(a) In General.--Each''; and
       (2) by adding at the end the following:
       ``(b) Additional Goals.--Each State is encouraged to 
     consider establishing goals for--
       ``(1) reducing dependence on foreign energy sources; and
       ``(2) encouraging local sustainable renewable energy 
     production and use in a manner that maximizes benefits to the 
     State and local communities.''.
       (e) Authorization of Appropriations.--Section 365(f) of the 
     Energy Policy and Conservation Act (42 U.S.C. 6325(f)) is 
     amended by striking ``fiscal year 2008'' and inserting ``each 
     of fiscal years 2008 through 2012''.
                                 ______
                                 
  SA 1633. Mr. FEINGOLD 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 55, strike lines 3 through 8 and insert the 
     following:
       (3) the financial incentives necessary to enhance, to the 
     maximum extent practicable, the biofuels industry of the 
     United States to reduce the dependence of the United States 
     on foreign oil during calendar years 2011 through 2030; and
       (4) an evaluation of and recommendations for improvements 
     to current and proposed biofuel and bioenergy incentives, 
     including--
       (A) modifications of law (including regulations) and 
     policies to provide or increase incentives for the potential 
     production of bioenergy (at levels greater than in existence 
     as of the date of enactment of this section) to maintain 
     local ownership, control, economic development, and the 
     value-added nature of bioenergy production;
       (B) potential limits to prevent excessive payments as the 
     bioenergy industry matures, including variable or 
     countercyclical support or other payment limitations;
       (C) an evaluation of incentives at stages in the bioenergy 
     production system (including agricultural production, fuel 
     and energy production, blending, and retail sale), including 
     recommendations regarding the relative cost-effectiveness and 
     benefits to local and regional communities and consumers; and
       (D) an assessment of incentives and recommendations to 
     ensure--
       (i) the presence and effectiveness of sufficient 
     environmental safeguards; and
       (ii) that the use of Federal funds does not contribute to 
     adverse environmental impacts, particularly with respect to 
     the effects on or changes in--

       (I) land, air, and water quality; and
       (II) land use patterns.

                                 ______
                                 
  SA 1634. Mr. FEINGOLD 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 163, strike line 8 and insert the following:
       (b) Protection for Small Business.--Section 111(c)(3) of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     2621(c)(3)) is amended by striking ``subsection (d)(7) or 
     (8)'' and inserting ``paragraph (7), (8), (16), or (17) of 
     subsection (d)''.
       (c) Natural Gas Utilities.--Section 303(b) of the
                                 ______
                                 
  SA 1635. Mr. FEINGOLD 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 166, line 21, strike ``; and'' and insert a 
     semicolon.
       On page 166, line 24, strike the period and insert ``; 
     and''.
       On page 166, between lines 24 and 25, insert the following:
       ``(4) to increase energy independence with an emphasis on 
     sustainable local and regional renewable energy production 
     and use in a way that maximizes benefits for local and 
     regional communities.
                                 ______
                                 
  SA 1636. Mr. MENENDEZ submitted an amendment intended to be proposed 
by him to the bill H.R. 1419, to move the United States toward greater 
energy independence and security, to increase the production of clean 
renewable fuels, to protect consumers from price gouging, to increase 
the energy efficiency of products, buildings and vehicles, to promote 
research on and deploy greenhouse gas capture and storage options, and 
to improve the energy performance of the Federal Government, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. STUDY OF THE EFFECT OF PRIVATE WIRE LAWS ON THE 
                   DEVELOPMENT OF COMBINED HEAT AND POWER 
                   FACILITIES.

       (a) Study.--
       (1) In general.--The Secretary, in consultation with the 
     States and other appropriate entities, shall conduct a study 
     of the laws (including regulations) affecting the siting of 
     privately owned electric distribution wires on and across 
     public rights-of-way.
       (2) Requirements.--The study under paragraph (1) shall 
     include--
       (A) an evaluation of--
       (i) the purposes of the laws; and
       (ii) the effect the laws have on the development of 
     combined heat and power facilities;
       (B) a determination of whether a change in the laws would 
     have any operating, reliability, cost, or other impacts on 
     electric utilities and the customers of the electric 
     utilities; and
       (C) an assessment of--
       (i) whether privately owned electric distribution wires 
     would result in duplicative facilities; and
       (ii) whether duplicative facilities are necessary or 
     desirable.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report that describes the results of the study conducted 
     under subsection (a).
                                 ______
                                 
  SA 1637. Ms. LANDRIEU 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. __. EXTENSION AND MODIFICATION OF CREDIT FOR NEW ENERGY 
                   EFFICIENT HOMES.

       (a) Extension.--Subsection (g) of section 45L (relating to 
     termination) of the Internal Revenue Code of 1986 is amended 
     by striking ``December 31, 2008'' and inserting ``December 
     31, 2013''.
       (b) Use of 2006 IECC Standards.--Clause (i) of section 
     45L(c)(1)(A) of the Internal Revenue Code of 1986 (relating 
     to energy savings requirements) is amended by striking ``the 
     2003 International Energy Conservation Code'' and inserting 
     ``the 2006 International Energy Conservation Code''.
       (c) Credit Allowed for Homes Increasing Efficiency by 30 
     Percent.--
       (1) In general.--Subsection (c) of section 45L of the 
     Internal Revenue Code of 1986 is amended by striking ``or'' 
     at the end of paragraph (2), by redesignating paragraph (3) 
     as paragraph (4), and by inserting after paragraph (2) the 
     following new paragraph:
       ``(3) certified--
       ``(A) to have a level of annual heating and cooling energy 
     consumption which is at least 30 percent below the annual 
     level described in paragraph (1) but less than 50 percent 
     below such level, and
       ``(B) to have building envelope component improvements 
     account for at least \1/3\ of such 30 percent, or''.
       (2) Amount of credit.--Section 45L(a)(2)(B) of such Code is 
     amended by

[[Page S7824]]

     striking ``paragraph (3)'' and inserting ``paragraph (3) or 
     (4)''.
       (d) Increase in Credit Amount.--
       (1) In general.--Section 45L(a)(2) of the Internal Revenue 
     Code of 1986, as amended by subsection (c)(2), is amended--
       (A) in subparagraph (A), by striking ``$2,000'' and 
     inserting ``$4,000'', and
       (B) in subparagraph (B), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (2) Additional credit amount for homes in states adopting 
     2006 iecc.--Paragraph (2) of section 45L(a) of such Code is 
     amended by adding at the end the following new flush 
     sentence:

     ``In the case of any dwelling unit which is located in a 
     State which has adopted the 2006 International Energy 
     Conservation Code, the amounts under subparagraphs (A) and 
     (B) shall each be increased by $1,000.''.
       (e) Clarification With Respect to Rental Units.--
     Subparagraph (B) of section 45L(a)(1) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(B) acquired by a person from such eligible contractor 
     and used by any person as a residence (whether as a principal 
     residence, for rental, or otherwise) during the taxable 
     year.''.
       (f) Effective Date.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall apply to taxable years 
     beginning after the date of the enactment of this Act.
       (2) Rental units.--The amendment made by subsection (e) 
     shall take effect as if included in section 1332 of the 
     Energy Policy Act of 2005.
                                 ______
                                 
  SA 1638. Mrs. FEINSTEIN (for herself and Mr. Bennett) 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 152, strike lines 15 through the table and insert 
     the following:

     SEC. 264. ENERGY MANAGEMENT REQUIREMENTS FOR FEDERAL 
                   BUILDINGS.

       Section 543(a) of the National Energy Conservation Policy 
     Act (42 U.S.C. 8253(a)(1)) is amended--
       (1) in paragraph (1), by striking the table and inserting 
     the following:

``Fiscal Year                                      Percentage reduction
  2006................................................................2
  2007................................................................4
  2008................................................................9
  2009...............................................................12
  2010...............................................................15
  2011...............................................................18
  2012...............................................................21
  2013...............................................................24
  2014...............................................................27
  2015.......................................................30.''; and

       (2) by adding at the end the following:
       ``(4) The Architect of the Capitol shall comply with the 
     requirements of this subsection with respect to the Capitol 
     complex.''.
       On page 161, after line 2, insert the following:

     SEC. 269. LEGISLATIVE BRANCH ENERGY EFFICIENCY INITIATIVE.

       (a) Audit.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Architect of the Capitol shall 
     complete--
       (A) comprehensive energy audits of the Capitol complex; and
       (B) identify and evaluate energy-efficient and renewable-
     energy projects.
       (2) Submission.--The audits required by paragraph (1) shall 
     be submitted to the Committee on Rules and Administration.
       (b) Report on Carbon Dioxide Emissions.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Architect of the Capitol, in 
     collaboration with Federal agencies with the relevant 
     expertise to judge both the environmental benefits and 
     technical feasibility of applying carbon sequestration 
     technologies to operations of the Capitol Power Plant, shall 
     complete a feasibility study on options for reducing the 
     carbon dioxide emissions associated with providing 
     electricity, steam, and chilled water to the Capitol complex 
     which shall include--
       (A) an analysis of the costs, feasibility and ancillary 
     benefits of reducing the current level of carbon dioxide 
     emissions through the installation of a highly efficient 
     combined heat and power plant;
       (B) an analysis of various alternatives for reducing, 
     capturing, and storing carbon associated with the Capitol 
     Power Plant, including options for carbon sequestration, coal 
     gasification, and clean-coal technology; and
       (C) recommendations for reducing carbon dioxide emissions 
     from the operations of the Capitol complex by 20 percent by 
     2020.
       (2) Baseline.--The baseline year for reductions under 
     paragraph (1)(C) shall be fiscal year 2006.
       (3) Submission.--The report required by paragraph (1) shall 
     be submitted to the Committee on Rules and Administration.
       (c) Biodiesel.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Architect of the Capitol shall 
     complete a feasibility study on the technical and economic 
     feasibility of requiring biodiesel in Architect of the 
     Capitol and Senate Sergeant at Arms compatible vehicles.
       (2) Submission.--The report required by paragraph (1) shall 
     be submitted to the Committee on Rules and Administration.
       (d) Building Integrated Photovoltaic System.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Architect of the Capitol shall 
     complete a study assessing the feasibility of installing a 
     Building Integrated Photovoltaic System on the rooftop of the 
     Hart Senate Office Building.
       (2) Submission.--The report required by paragraph (1) shall 
     be submitted to the Committee on Rules and Administration.
                                 ______
                                 
  SA 1639. 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; which was ordered to lie on 
the table; as follows:

       On page 180, line 7, insert ``and storage'' before ``of 
     carbon''.
       On page 180, line 11, strike ``the compression'' and insert 
     ``advanced compression''.
       On page 180, line 18, strike ``and''.
       Beginning on page 180, strike line 19 and all that follows 
     through page 181, line 9, and insert the following:
       ``(v) research and development of new and improved 
     technologies for--

       ``(I) carbon use, including recycling and reuse of carbon 
     dioxide; and
       ``(II) the containment of carbon dioxide in the form of 
     solid materials or products derived from a gasification 
     technology that does not involve geologic containment or 
     injection; and

       ``(vi) research and development of new and improved 
     technologies for oxygen separation from air.
       On page 181, line 10, strike ``(3)'' and insert ``(2)''.
       On page 182, line 2, strike ``and''.
       On page182, line 4, strike the period and insert ``; and''.
       On page 182, between lines 4 and 5, insert the following:
       ``(vii) coal-bed methane recovery.
       On page 183, line 8, strike ``(4)'' and insert ``(3)''.
       On page 183, line 12, insert ``involving at least 1,000,000 
     tons of carbon dioxide per year'' after ``tests''.
       On page 183, line 14, insert ``collect and'' before 
     ``validate''.
       On page 184, line 1, strike ``(5)'' and insert ``(4)''.
       On page 184, line 7, strike ``(6)'' and insert ``(5)''.
       On page 184, line 11, strike ``(7)'' and insert ``(6)''.
       On page 186, strike lines 18 through 20 and insert the 
     following:
       (6) the work done to develop the Carbon Sequestration Atlas 
     of the United States and Canada that was completed by the 
     Department of Energy.
       On page 189, strike lines 14 through 18 and insert the 
     following:
       (A) In general.--On completion of the assessment, the 
     Secretary of Energy and the Secretary of the Interior shall 
     incorporate the results of the assessment using--
       (i) the NatCarb database, to the maximum extent 
     practicable; or
       (ii) a new database developed by the Secretary of Energy, 
     as the Secretary of Energy determines to be necessary.
       On page 190, line 25, strike ``or''.
       On page 191, line 2, strike the period and insert ``; or''.
       On page 191, between lines 2 and 3, insert the following:
       (G) manufacture biofuels.
       On page 191, strike lines 10 through 15 and insert the 
     following:
       (2) Scope of award.--An award under this section shall be 
     only for the portion of the project that--
       (A) carries out the large-scale capture (including 
     purification and compression) of carbon dioxide;
       (B) provides for the cost of transportation and injection 
     of carbon dioxide; and
       (C) incorporates a comprehensive measurement, monitoring, 
     and validation program.
       On page 192, line 7, insert ``carbon dioxide by volume'' 
     after ``95 percent''.
                                 ______
                                 
  SA 1640. Mr. GRAHAM (for herself 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

[[Page S7825]]

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. ___. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL 
                   COSTS.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 (relating to 
     foreign tax credit, etc.) is amended by adding at the end the 
     following new section:

     ``SEC. 30D. HYDROGEN INSTALLATION, INFRASTRUCTURE, AND FUEL 
                   COSTS.

       ``(a) Allowance of Credit.--There shall be allowed as a 
     credit against the tax imposed by this chapter for the 
     taxable year an amount equal to the sum of--
       ``(1) the hydrogen installation and infrastructure costs 
     credit determined under subsection (b), and
       ``(2) the hydrogen fuel costs credit determined under 
     subsection (c).
       ``(b) Hydrogen Installation and Infrastructure Costs 
     Credit.--
       ``(1) In general.--For purposes of subsection (a), the 
     hydrogen installation and infrastructure costs credit 
     determined under this subsection with respect to each 
     eligible hydrogen production and distribution facility of the 
     taxpayer is an amount equal to--
       ``(A) 50 percent of so much of the installation costs which 
     when added to such costs taken into account with respect to 
     such facility for all preceding taxable years under this 
     subparagraph does not exceed $200,000, plus
       ``(B) 30 percent of so much of the infrastructure costs for 
     the taxable year as does not exceed $200,000 with respect to 
     such facility, and which when added to such costs taken into 
     account with respect to such facility for all preceding 
     taxable years under this subparagraph does not exceed 
     $600,000.

     Nothing in this section shall permit the same cost to be 
     taken into account more than once.
       ``(2) Eligible hydrogen production and distribution 
     facility.--For purposes of this subsection, the term 
     `eligible hydrogen production and distribution facility' 
     means a hydrogen production and distribution facility which 
     has received from the Secretary an allocation from the 
     national hydrogen installation, infrastructure, and fuel 
     credit limitation.
       ``(c) Hydrogen Fuel Costs Credit.--
       ``(1) In general.--For purposes of subsection (a), the 
     hydrogen fuel costs credit determined under this subsection 
     with respect to each eligible hydrogen device of the taxpayer 
     is an amount equal to the qualified hydrogen expenditure 
     amounts with respect to such device.
       ``(2) Qualified hydrogen expenditure amount.--For purposes 
     of this subsection--
       ``(A) In general.--The term `qualified hydrogen expenditure 
     amount' means, with respect to each eligible hydrogen energy 
     conversion device of the taxpayer with a production capacity 
     of not more than 25 kilowatts of electricity per year, the 
     lesser of--
       ``(i) 30 percent of the amount paid or incurred by the 
     taxpayer during the taxable year for hydrogen which is 
     consumed by such device, and
       ``(ii) $2,000.

     In the case of any device which is not owned by the taxpayer 
     at all times during the taxable year, the $2,000 amount in 
     subparagraph (B) shall be reduced by an amount which bears 
     the same ratio to $2,000 as the portion of the year which 
     such device is not owned by the taxpayer bears to the entire 
     year.
       ``(B) Higher limitation for devices with more production 
     capacity.--In the case of any eligible hydrogen energy 
     conversion device with a production capacity of--
       ``(i) more than 25 but less than 100 kilowatts of 
     electricity per year, subparagraph (A) shall be applied by 
     substituting `$4,000' for `$2,000' each place it appears, and
       ``(ii) not less than 100 kilowatts of electricity per year, 
     subparagraph (A) shall be applied by substituting `$6,000' 
     for `$2,000' each place it appears.
       ``(3) Eligible hydrogen energy conversion devices.--For 
     purposes of this subsection--
       ``(A) In general.--The term `eligible hydrogen energy 
     conversion device' means, with respect to any taxpayer, any 
     hydrogen energy conversion device which--
       ``(i) is placed in service after December 31, 2004,
       ``(ii) is wholly owned by the taxpayer during the taxable 
     year, and
       ``(iii) has received from the Secretary an allocation from 
     the national hydrogen installation, infrastructure, and fuel 
     credit limitation.

     If an owner of a device (determined without regard to this 
     subparagraph) provides to the primary user of such device a 
     written statement that such user shall be treated as the 
     owner of such device for purposes of this section, then such 
     user (and not such owner) shall be so treated.
       ``(B) Hydrogen energy conversion device.--The term 
     `hydrogen energy conversion device' means--
       ``(i) any electrochemical device which converts hydrogen 
     into electricity, and
       ``(ii) any combustion engine which burns hydrogen as a 
     fuel.
       ``(d) National Hydrogen Installation, Infrastructure, and 
     Fuel Credit Limitation.--
       ``(1) In general.--There is a national hydrogen 
     installation, infrastructure, and fuel credit limitation for 
     each fiscal year. Such limitation is $15,000,000 for fiscal 
     year 2008, $30,000,000 for fiscal year 2009, $40,000,000 for 
     fiscal year 2010, and $50,000,000 for each succeeding fiscal 
     year.
       ``(2) Allocation.--Not later than 90 days after the date of 
     the enactment of this section, the Secretary, in consultation 
     with the Secretary of Energy, shall establish a hydrogen 
     installation, infrastructure, and fuel credit allocation 
     program.
       ``(e) Reduction in Basis.--For purposes of this subtitle, 
     if a credit is allowed under this section for any expenditure 
     with respect to any property, the increase in the basis of 
     such property which would (but for this paragraph) result 
     from such expenditure shall be reduced by the amount of the 
     credit so allowed.
       ``(f) Application With Other Credits.--
       ``(1) Business credit treated as part of general business 
     credit.--So much of the credit which would be allowed under 
     subsection (a) for any taxable year (determined without 
     regard to this subsection) that is attributable to amounts 
     which (but for subsection (g) would be allowed as a deduction 
     under section 162 shall be treated as a credit listed in 
     section 38(b) for such taxable year (and not allowed under 
     subsection (a)).
       ``(2) Personal credit.--The credit allowed under subsection 
     (a) (after the application of paragraph (1)) for any taxable 
     year shall not exceed the excess (if any) of--
       ``(A) the regular tax liability (as defined in section 
     26(b)) reduced by the sum of the credits allowable under 
     subpart A and sections 27, 30, 30B, and 30C, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(g) Denial of Double Benefit.--The amount of any 
     deduction or other credit allowable under this chapter for 
     any cost taken into account in determining the amount of the 
     credit under subsection (a) shall be reduced by the amount of 
     such credit attributable to such cost.
       ``(h) Recapture.--The Secretary shall, by regulations, 
     provided for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any property which 
     ceases to be property eligible for such credit.
       ``(i) Election Not to Take Credit.--No credit shall be 
     allowed under subsection (a) for any property if the taxpayer 
     elects not to have this section apply to such property.
       ``(j) Regulations.--The Secretary shall prescribe such 
     regulations as necessary to carry out the provisions of this 
     section.
       ``(k) Termination.--This section shall not apply to any 
     costs after the earlier of--
       ``(1) December 31, 2017, or
       ``(2) the date on which the Secretary estimates that at 
     least 5 percent of all registered passenger motor vehicles 
     are powered by hydrogen.''.
       (b) Conforming Amendments.--
       (1) Section 38(b) of such Code is amended by striking 
     ``plus'' at the end of paragraph (30), by striking the period 
     at the end of paragraph (31) and inserting ``plus'', and by 
     adding at the end the following new paragraph:
       ``(32) the portion of the hydrogen installation, 
     infrastructure, and fuel credit to which section 30D(f)(1) 
     applies.''.
       (2) Section 55(c)(3) of such Code is amended by inserting 
     ``30D(f)(2),'' after ``30C(d)(2),''.
       (3) Section 1016(a) of such Code is amended by striking 
     ``and'' at the end of paragraph (36), by striking the period 
     at the end of paragraph (37) and inserting ``, and'', and by 
     adding at the end the following new paragraph:
       ``(38) to the extent provided in section 30D(e).''.
       (4) Section 6501(m) of such Code is amended by inserting 
     ``30D(i),'' after ``30C(e)(5),''.
       (5) The table of sections for subpart B of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 30C the 
     following new item:

``Sec. 30D. Hydrogen installation, infrastructure, and fuel costs.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after December 31, 
     2007, in taxable years ending after such date.
                                 ______
                                 
  SA 1641. Mr. COLEMAN 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 44, line 4, strike ``processing'' and insert 
     ``harvest, processing, storage''.
       On page 44, line 12, strike ``processing'' and insert 
     ``harvest, processing, storage''.
                                 ______
                                 
  SA 1642. Ms. CANTWELL submitted an amendment intended to be proposed 
by her 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

[[Page S7826]]

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(4), strike subparagraph (A) and insert the 
     following:
       (A) nonmerchantable materials or precommercial thinnings 
     that--
       (i) are byproducts of preventive treatments, such as trees, 
     wood, brush, thinnings, chips, and slash, that are removed--

       (I) to reduce hazardous fuels;
       (II) to reduce or contain disease or insect infestation; or
       (III) to restore forest health;

       (ii) would not otherwise be used for higher-value products; 
     and
       (iii) are harvested from National Forest System land or 
     public land (as defined in section 103 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702))--

       (I) where permitted by law; and
       (II) in accordance with--

       (aa) applicable land management plans; and
       (bb) the requirements for old-growth maintenance and 
     restoration and large-tree retention of subsections (e)(2) 
     and (f) of section 102 of the Healthy Forests Restoration Act 
     of 2003 (16 U.S.C. 6512); or
                                 ______
                                 
  SA 1643. Ms. CANTWELL 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 MARGINAL PRODUCTION COST OF REQUIRING USE 
                   OF FLEXIBLE FUEL MIXTURES IN CERTAIN VEHICLES.

       (a) Definition of Flexible Fuel Mixture.--In this section, 
     the term ``flexible fuel mixture'' means--
       (1) any mixture of gasoline and ethanol, not more than 85 
     percent of which is ethanol, as measured by volume;
       (2) any mixture of gasoline and methanol, not more than 85 
     percent of which is methanol, as measured by volume; and
       (3) diesel or biodiesel, of which 85 percent is biodiesel, 
     as measured by volume.
       (b) Study.--The Secretary shall conduct a study of the 
     likely average marginal production cost of requiring that 
     each new passenger vehicle with a weight of less than 10,000 
     pounds that is sold in the United States shall be capable of 
     using a flexible fuel mixture.
       (c) Report.--Not later than 90 days after the date of 
     enactment of this Act, using funds made available to the 
     Secretary, the Secretary shall prepare and submit to Congress 
     a report describing the results of the study under subsection 
     (b).
                                 ______
                                 
  SA 1644. Ms. CANTWELL 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 141, after line 23, add the following:

     SEC. 255. STUDY OF SMART GRID SYSTEM.

       (a) In General.--The Secretary, acting through the Director 
     of the Office of Electricity Delivery and Energy Reliability 
     (referred to in this section as the ``Secretary''), shall 
     conduct a study to assess the costs and benefits of 
     modernizing the electric transmission and distribution grid 
     (including investments relating to advanced grid 
     technologies).
       (b) Input From Other Entities.--
       (1) Participation.--In conducting the study under 
     subsection (a), the Secretary shall provide to any interested 
     individual or entity an opportunity to participate in the 
     study, including--
       (A) consumers of electricity;
       (B) manufacturers of components; and
       (C) representatives of--
       (i) the government of any State;
       (ii) the electric utility industry;
       (iii) the smart grid system; and
       (iv) any electric utility.
       (2) Consideration of input.--The Secretary may consider the 
     input of any interested individual or entity described in 
     paragraph (1).
       (3) Authority of secretary.--In conducting the study under 
     subsection (a), the Secretary may require any electric 
     utility to provide to the Secretary any information relating 
     to the deployment of smart grid systems and technologies.
       (c) Report.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     and the President a report that--
       (A) covers the transmission and distribution components of 
     the electric transmission and distribution grid; and
       (B) includes--
       (i) an updated inventory of smart grid systems in existence 
     as of the date of enactment of this Act;
       (ii) a description of--

       (I) procedures for--

       (aa) monitoring the condition of grid infrastructure; and
       (bb) determining the need for new grid infrastructure; and

       (II) any plan developed by any State, electric utility, or 
     other individual or entity to introduce any smart grid system 
     or technology;

       (iii) an assessment relating to--

       (I) any constraint relating to the deployment of smart grid 
     technology;
       (II) the potential benefits resulting from the introduction 
     of smart grid systems, including benefits relating to--

       (aa) energy efficiency;
       (bb) the improved reliability and security of electricity;
       (cc) the reduced price of electricity;
       (dd) the ability to facilitate real-time electricity 
     pricing; and
       (ee) the improved integration of renewable resources; and

       (III) the ancillary benefits for any other economic sector 
     or activity outside of the electricity sector; and

       (iv) any recommendations for legislative or regulatory 
     changes to remove barriers and create incentives for the 
     implementation of the smart grid system.
       (2) Biannual updates.--Not later that 180 days after the 
     date on which the Secretary submits to Congress and the 
     President the report under paragraph (1), and biannually 
     thereafter, the Secretary shall update the report.

     SEC. 256. SMART GRID TECHNOLOGY RESEARCH, DEVELOPMENT, AND 
                   DEMONSTRATION.

       (a) Power Grid Digital Information Technology.--The 
     Secretary, in consultation with electric utilities, the 
     States, and other stakeholders, shall carry out a program--
       (1) to develop advanced techniques for measuring peak load 
     reductions and energy-efficiency savings from smart metering, 
     demand response, distributed generation, and electricity 
     storage systems;
       (2) to investigate means for demand response, distributed 
     generation, and storage to provide ancillary services;
       (3) to conduct research to advance the use of wide-area 
     measurement networks, including data mining, visualization, 
     advanced computing, and secure and dependable communications 
     in a highly-distributed environment;
       (4) to test new reliability technologies in a grid control 
     room environment against a representative set of local outage 
     and wide area blackout scenarios;
       (5) to propose policies to facilitate the transition to 
     real-time electricity pricing based on marginal generation 
     costs;
       (6) to develop high-performance computers and algorithms 
     for use in electric transmission system software 
     applications;
       (7) to promote the use of underutilized electricity 
     generation capacity in any substitution of electricity for 
     liquid fuels in the transportation system of the United 
     States; and
       (8) in consultation with the Federal Energy Regulatory 
     Commission, to propose interconnection protocols to enable 
     electric utilities to access electricity stored in vehicles 
     to help meet peak demand loads.
       (b) Smart Grid Regional Demonstration Initiative.--
       (1) In general.--The Secretary may establish a smart grid 
     regional demonstration initiative (referred to in this 
     subsection as the ``Initiative'') composed of demonstration 
     projects specifically focused on advanced technologies for 
     use in power grid sensing, communications, analysis, and 
     power flow control.
       (2) Goals.--The goals of the Initiative shall be--
       (A) to demonstrate the potential benefits of concentrated 
     investments in advanced grid technologies on a regional grid;
       (B) to facilitate the commercial transition from the 
     current power transmission and distribution system 
     technologies to advanced technologies;
       (C) to facilitate the integration of advanced technologies 
     in existing electric networks to improve system performance, 
     power flow control, and reliability;
       (D) to demonstrate protocols and standards that allow for 
     the measurement and validation of the energy savings and 
     greenhouse gas emission reductions associated with the 
     installation and use of energy efficiency and demand response 
     technologies and practices; and
       (E) to investigate differences in each region and 
     regulatory environment.
       (3) Demonstration projects.--
       (A) In general.--In carrying out the Initiative, the 
     Secretary shall carry out smart grid demonstration projects 
     in up to 5 electricity control areas, including at least 1 
     area in which the majority of generation and transmission 
     assets are controlled by a tax-exempt entity.
       (B) Cooperation.--A demonstration project under 
     subparagraph (A) shall be carried

[[Page S7827]]

     out in cooperation with the electric utility that owns the 
     grid facilities in the electricity control area in which the 
     demonstration project is carried out.
       (C) Federal share of cost of technology investments.--The 
     Secretary shall provide to an electric utility described in 
     subparagraph (B) financial assistance for use in paying an 
     amount equal to not more than 50 percent of the cost of 
     qualifying advanced grid technology investments made by the 
     electric utility to carry out a demonstration project.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated--
       (A) to carry out subsection (a), such sums as are necessary 
     for each of fiscal years 2008 through 2012; and
       (B) to carry out subsection (b), $100,000,000 for each of 
     fiscal years 2008 through 2012.

     SEC. 257. SMART GRID INTEROPERABILITY FRAMEWORK.

       (a) Findings.--Congress finds that--
       (1) each element of a digitally interactive electric system 
     needs to easily connect and operate in a safe, dependable 
     manner that enhances the efficient and reliable operation of 
     the overall electric system;
       (2) without a framework for integrating electric system 
     resources, information exchange agreements would emerge in an 
     ad hoc manner with great inconsistency from region to region, 
     organization to organization, and application to application; 
     and
       (3) ad hoc development would lead to--
       (A) slower adoption rates of smart grid technology and 
     applications;
       (B) inefficiencies from uncoordinated efforts; and
       (C) potential solutions that would stifle supplier 
     competition and technical evolution.
       (b) Interoperability Framework.--The Federal Energy 
     Regulatory Commission (referred to in this section as the 
     ``Commission''), in cooperation with the Secretary, shall 
     coordinate with smart grid stakeholders to develop protocols 
     for the establishment of a flexible framework for the 
     connection of smart grid devices and systems that would align 
     policy, business, and technology approaches in a manner that 
     would enable all electric resources, including demand-side 
     resources, to contribute to an efficient, reliable 
     electricity network that will not--
       (1) prevent appliances or other electric loads from 
     properly functioning; and
       (2) endanger the health and safety of any consumer of an 
     appliance.
       (c) Scope of Framework.--The framework developed under 
     subsection (b) shall be designed--
       (1) to accommodate traditional, centralized generation and 
     transmission resources and consumer distributed resources, 
     including distributed generation, renewable generation, 
     energy storage, energy efficiency, and demand response and 
     enabling devices and systems;
       (2) to be flexible to incorporate--
       (A) regional and organizational differences; and
       (B) technological innovations; and
       (3) to include voluntary standards for certain classes of 
     new mass-produced electric appliances and equipment for homes 
     and businesses that are manufactured with the ability to 
     respond to electric grid emergencies and demand response 
     signals by curtailing all, or a portion of, the electrical 
     power consumed by the appliances or equipment in response to 
     an emergency or demand response signal, including through--
       (A) load reduction to reduce total electrical demand;
       (B) adjustment of load to provide grid ancillary services; 
     and
       (C) in the event of a reliability crisis that threatens an 
     outage, short-term load shedding to help preserve the 
     stability of the grid.
       (d) Development of Framework.--In developing the framework, 
     the Secretary of Commerce, acting through the Director of the 
     National Institute of Standards and Technology shall--
       (1) consult with--
       (A) sectors of the electricity industry, including sectors 
     relating to the generation, transmission, and distribution of 
     electricity;
       (B) end-users of electricity;
       (C) the Gridwise Architecture Council, the Institute of 
     Electrical and Electronics Engineers, the Association of Home 
     Appliance Manufacturers, the National Electrical 
     Manufacturers Association, and other electric industry 
     groups; and
       (D) any appropriate Federal and State agencies; and
       (2) not later than 1 year after the date of enactment of 
     this Act, make the proposed framework available for public 
     review and comment.

     SEC. 258. STATE CONSIDERATION OF SMART GRID.

       Section 111(d) of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 2621(d)) is amended by adding at the 
     end the following:
       ``(16) Financial incentives for smart grid deployment.--
       ``(A) In general.--Each State shall consider incentives to 
     encourage the rapid national deployment of a qualified smart 
     grid system, including each incentive described in this 
     paragraph.
       ``(B) Decoupling from utility revenues.--To improve energy 
     efficiency and use, each State shall consider requiring that 
     a major portion of the profits of each electric utility of 
     the State shall--
       ``(i) be based on criteria relating to--

       ``(I) performance;
       ``(II) achievement of designated goals;
       ``(III) service reliability; and
       ``(IV) customer support and assistance; and

       ``(ii) not be based exclusively on the volume of 
     electricity sales of the electric utility.
       ``(C) Consideration of smart grid investments.--Each State 
     shall consider requiring that, prior to undertaking 
     investments in nonadvanced grid technologies, an electric 
     utility of the State demonstrate to the State that the 
     electric utility considered an investment in a qualified 
     smart grid system based on appropriate factors, including--
       ``(i) cost-effectiveness;
       ``(ii) improved reliability;
       ``(iii) security; and
       ``(iv) system performance.
       ``(D) Rate recovery.--Each State shall consider authorizing 
     each electric utility of the State to recover from ratepayers 
     any capital, operating expenditure, or other costs of the 
     electric utility relating to the deployment of a qualified 
     smart grid system, including a reasonable rate of return on 
     the capital expenditures of the electric utility for the 
     deployment of the qualified smart grid system.
       ``(E) Enhanced return.--Each State shall consider 
     authorizing each electric utility of the State to earn an 
     enhanced return on the capital expenditures of the electric 
     utility for the deployment of a qualified smart grid system, 
     including an amount equal to not less than 130 percent of the 
     maximum return that the electric utility is authorized to 
     earn on other investments and expenditures for the 
     transmission and distribution network of the electric 
     utility.
       ``(F) Obsolete equipment.--Each State shall consider 
     authorizing any electric utility or other party of the State 
     to deploy a qualified smart grid system to recover in a 
     timely manner the remaining book-value costs of any equipment 
     rendered obsolete by the deployment of the qualified smart 
     grid system, based on the remaining depreciable life of the 
     obsolete equipment.
       ``(G) Retained savings.--Each State shall consider 
     authorizing any electric utility or other party deploying a 
     qualified smart grid system to retain an amount equal to not 
     less than 50 percent of the cost savings of the electric 
     utility that are attributable to the use by the electric 
     utility of the qualified smart grid system.
       ``(17) Smart grid consumer information.--
       ``(A) In general.--Each State shall provide to each 
     electricity consumer located in the State direct access, in 
     written and electronic machine-readable form, information 
     describing--
       ``(i) the time-based use, price, and source of the 
     electricity delivered to the consumer; and
       ``(ii) any available optional electricity supplies 
     (including the price and quantity of the optional electricity 
     supplies).
       ``(B) Availability.--In providing to each electricity 
     consumer located in a State the information described in 
     subparagraph (A), the State in which the electricity consumer 
     is located shall--
       ``(i) update the information on an hourly basis; and
       ``(ii) ensure that the information is available to each 
     electricity consumer on a daily basis.''.
                                 ______
                                 
  SA 1645. Ms. CANTWELL submitted an amendment intended to be proposed 
by her 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. ____. LIMITATION ON RADIO-FREQUENCY INTERFERENCE LEVELS 
                   IN THE 902-928 MEGAHERTZ BAND.

       (a) Findings.--Congress finds the following:
       (1) Unlicensed radio devices are critical to promoting 
     energy efficiency in the United States. This equipment is 
     used by virtually all of the major companies involved in 
     exploration, production, refining, marketing, and 
     transportation of petroleum, petroleum products, and natural 
     gas. Unlicensed devices carry out myriad functions in the 
     Supervisory Control and Data Acquisition (``SCADA'') systems 
     that ensure effective oil and natural gas industry operations 
     and are critical to safety of life and the protection of 
     property and the environment. Systems that rely on these 
     devices remotely operate large production fields, sometimes 
     comprised of thousands of oil and natural gas wells, collect 
     and transmit critical data regarding well pressures, 
     temperature, and rates of flow that are essential to the 
     coordinated and safe operation, and transmit alarms in the 
     event of a leak or other emergency. Similar devices in 
     petroleum and natural gas transmission pipeline operations 
     measure and report flow rate, temperature, and pressure. 
     Energy utilities nationwide use unlicensed systems for remote 
     meter reading, which facilitates time-of-day pricing to 
     spread load and promote energy efficiency, and for SCADA 
     systems that efficiently

[[Page S7828]]

     manage the hugely complex electric grid and gas distribution 
     networks and minimize disruptive outages.
       (2) Unlicensed devices in the hundreds of millions likewise 
     serve other critical societal needs, including 
     transportation, manufacturing, education, health care, 
     entertainment, construction, broadband access, retailing, and 
     data processing.
       (3) Unlicensed operation in the 902-928 MHz band is a large 
     and essential component of all the benefits identified in 
     paragraphs (1) and (2).
       (4) Increased radio-frequency interference in the 902-928 
     MHz band would impair many industries, and, in particular, 
     would threaten the integrity and safety of energy production 
     and distribution.
       (b) Protection of Unlicensed Operation.--
       (1) In general.--In issuing or amending any regulations 
     related to the operation, use, and maintenance of the 902-928 
     megahertz band, the Federal Communications Commission shall 
     not permit increased levels of radio-frequency interference 
     in such band to unlicensed devices and operations.
       (2) Exception.--The limitation under paragraph (1) shall 
     not apply to any regulations issued by the Federal 
     Communications Commissions that directly govern unlicensed 
     operation in the 902-928 megahertz band.
       (3) Goal.--Consistent with paragraphs (1) and (2), the 
     Federal Communications Commission shall endeavor to maximize 
     efficient use of the 902-928 megahertz band.
       (c) Definitions.--In this section:
       (1) Unlicensed device.--The term ``unlicensed device'' 
     means an intentional radiator authorized pursuant to part 15 
     of the Federal Communication Commission's Rules (47 C.F.R. 
     Part 15).
       (2) Unlicensed operation.--The term ``unlicensed 
     operation'' means operation of an unlicensed device.
                                 ______
                                 
  SA 1646. Ms. CANTWELL submitted an amendment intended to be proposed 
by her 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 277, between lines 5 and 6, insert the following:

     SEC. 521. ONBOARD FUEL ECONOMY INDICATORS AND DEVICES.

       (a) In General.--Chapter 329 of title 49, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 32920. Fuel economy indicators and devices

       ``(a) In General.--The Secretary of Transportation, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall prescribe a fuel economy standard 
     for passenger automobiles and light trucks manufactured by a 
     manufacturer in each model year beginning with model year 
     2012 that requires each such automobile and light truck to be 
     equipped with--
       ``(1) an onboard electronic instrument that provides real-
     time and cumulative fuel economy data; and
       ``(2) an onboard electronic instrument that signals a 
     driver when inadequate tire pressure may be affecting fuel 
     economy.
       ``(b) Exception.--Subsection (a) shall not apply to any 
     vehicle that is not subject to an average fuel economy 
     standard under section 32902(b).
       ``(c) Enforcement.--Subchapter IV of chapter 301 shall 
     apply to a fuel economy standard prescribed under subsection 
     (a) to the same extent and in the same manner as if that 
     standard were a motor vehicle safety standard under chapter 
     301.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     329 of title 49, United States Code, is amended by inserting 
     after the item relating to section 32919 the following:

``32920. Fuel economy indicators and devices.''.
                                 ______
                                 
  SA 1647. Mrs. CLINTON (for herself, Mr. Sanders, Mr. Leahy, and Ms. 
Cantwell) 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 F of title II, add the following:

     SEC. 279. NET METERING AND INTERCONNECTION STANDARDS.

       (a) In General.--Section 113 of the Public Utility 
     Regulatory Policies Act of 1978 (16 U.S.C. 2623) is amended 
     by adding at the end the following:
       ``(d) Net Metering.--
       ``(1) Definitions.--In this subsection and subsection (e):
       ``(A) Customer-generator.--The term `customer-generator' 
     means the owner or operator of a qualified generation unit.
       ``(B) Electric generation unit.--The term `electric 
     generation unit' means--
       ``(i) a qualified generation unit; and
       ``(ii) any electric generation unit that qualifies for net 
     metering under a net metering tariff or rule approved by a 
     State.
       ``(C) Local distribution system.--The term `local 
     distribution system' means any system for the distribution of 
     electric energy to the ultimate consumer of the electricity, 
     whether or not the owner or operator of the system is a 
     retail electric supplier.
       ``(D) Net metering.--The term `net metering' means the 
     process of--
       ``(i) measuring the difference between the electricity 
     supplied to a customer-generator and the electricity 
     generated by the customer-generator that is delivered to a 
     local distribution system at the same point of 
     interconnection during an applicable billing period; and
       ``(ii) providing an energy credit to the customer-generator 
     in the form of a kilowatt-hour credit for each kilowatt-hour 
     of energy produced by the customer-generator from a qualified 
     generation unit.
       ``(E) Qualified generation unit.--The term `qualified 
     generation unit' means an electric energy generation unit 
     that--
       ``(i) is a fuel cell or uses as the energy source of the 
     unit solar energy, wind, biomass, geothermal energy, 
     anaerobic digestion, or landfill gas, or a combination of the 
     any of those sources;
       ``(ii) has a generating capacity of not more than 2,000 
     kilowatts;
       ``(iii) is located on premises that are owned, operated, 
     leased, or otherwise controlled by the customer-generator;
       ``(iv) operates in parallel with the retail electric 
     supplier; and
       ``(v) is intended primarily to offset all or part of the 
     requirements of the customer-generator for electric energy.
       ``(F) Retail electric supplier.--The term `retail electric 
     supplier' means any electric utility that sells electric 
     energy to the ultimate consumer of the energy.
       ``(2) Adoption.--Not later than 1 year after the date of 
     enactment of this subsection, each State regulatory authority 
     (with respect to each electric utility for which the State 
     regulatory authority has ratemaking authority), and each 
     nonregulated electric utility, shall--
       ``(A) provide public notice and conduct a hearing with 
     respect to the standards established under paragraph (3); and
       ``(B) on the basis of the hearing, adopt the standard.
       ``(3) Establishment of net metering standard.--
       ``(A) In general.--Each retail electric supplier shall 
     offer to arrange (either directly or through a local 
     distribution company or other third party) to make net 
     metering available, on a first-come, first-served basis, to 
     each of the retail customers of the retail electric supplier 
     in accordance with the requirements described in subparagraph 
     (B) and other provisions of this subsection.
       ``(B) Requirements.--The requirements referred to in 
     subparagraph (A) are, with respect to a retail electric 
     supplier, that--
       ``(i) rates and charges and contract terms and conditions 
     for the sale of electric energy to customer-generators shall 
     be the same as the rates and charges and contract terms and 
     conditions that would be applicable if the customer-generator 
     did not own or operate a qualified generation unit and use a 
     net metering system; and
       ``(ii) each retail electric supplier shall notify all of 
     the retail customers of the retail electric supplier of the 
     standard established under this paragraph as soon as 
     practicable after the adoption of the standard.
       ``(4) Net energy measurement.--
       ``(A) In general.--Each retail electric supplier shall 
     arrange to provide to customer-generators who qualify for net 
     metering under subsection (b) an electrical energy meter 
     capable of net metering and measuring, to the maximum extent 
     practicable, the flow of electricity to or from the customer, 
     using a single meter and single register.
       ``(B) Impracticability.--In a case in which it is not 
     practicable to provide a meter to a customer-generator under 
     subparagraph (A), a retail electric supplier (either directly 
     or through a local distribution company or other third party) 
     shall, at the expense of the retail electric supplier, 
     install 1 or more of those electric energy meters for the 
     customer-generators concerned.
       ``(5) Billing.--
       ``(A) In general.--Each retail electric supplier subject to 
     subsection (b) shall calculate the electric energy 
     consumption for a customer using a net metering system in 
     accordance with subparagraphs (B) through (D).
       ``(B) Measurement of electricity.--The retail electric 
     supplier shall measure the net electricity produced or 
     consumed during the billing period using the metering 
     installed in accordance with paragraph (4).
       ``(C) Billing and crediting.--
       ``(i) Billing.--If the electricity supplied by the retail 
     electric supplier exceeds the electricity generated by the 
     customer-generator during the billing period, the customer-
     generator shall be billed for the net electric energy 
     supplied by the retail electric supplier in accordance with 
     normal billing practices.
       ``(ii) Crediting.--

[[Page S7829]]

       ``(I) In general.--If electric energy generated by the 
     customer-generator exceeds the electric energy supplied by 
     the retail electric supplier during the billing period, the 
     customer-generator shall be billed for the appropriate 
     customer charges for that billing period and credited for the 
     excess electric energy generated during the billing period, 
     with the credit appearing as a kilowatt-hour credit on the 
     bill for the following billing period.
       ``(II) Application of credits.--Any kilowatt-hour credits 
     provided to a customer-generator under this clause shall be 
     applied to customer-generator electric energy consumption on 
     the following billing period bill (except for a billing 
     period that ends in the next calendar year).
       ``(III) Carryover of unused credits.--At the beginning of 
     each calendar year, any unused kilowatt-hour credits 
     remaining from the preceding year will carry over to the new 
     year.

       ``(D) Use of time-differentiated rates.--
       ``(i) In general.--Except as provided in clause (ii), if a 
     customer-generator is using a meter and retail billing 
     arrangement that has time-differentiated rates--

       ``(I) the kilowatt-hour credit shall be based on the ratio 
     representing the difference in retail rates for each time-of-
     use rate; or
       ``(II) the credits shall be reflected on the bill of the 
     customer-generator as a monetary credit reflecting retail 
     rates at the time of generation of the electric energy by the 
     customer-generator.

       ``(ii) Different tariffs or services.--A retail electric 
     supplier shall offer a customer-generator the choice of a 
     time-differentiated energy tariff rate or a nontime-
     differentiated energy tariff rate, if the retail electric 
     supplier offers the choice to customers in the same rate 
     class as the customer-generator.
       ``(6) Percent limitations.--
       ``(A) 4 percent limitation.--The standard established under 
     this subsection shall not apply for a calendar year in the 
     case of a customer-generator served by a local distribution 
     company if the total generating capacity of all customer-
     generators with net metering systems served by the local 
     distribution company in the calendar year is equal to or more 
     than 4 percent of the capacity necessary to meet the average 
     forecasted aggregate customer peak demand of the company for 
     the calendar year.
       ``(B) 2 percent limitation.--The standard established under 
     this subsection shall not apply for a calendar year in the 
     case of a customer-generator served by a local distribution 
     company if the total generating capacity of all customer-
     generators with net metering systems served by the local 
     distribution company in the calendar year using a single type 
     of qualified generation units (as described in paragraph 
     (1)(D)(i)) is equal to or more than 2 percent of the capacity 
     necessary to meet the average forecasted aggregate customer 
     peak demand of the company for the calendar year.
       ``(C) Records and notice.--
       ``(i) Records.--Each retail electric supplier shall 
     maintain, and make available to the public, records of--

       ``(I) the total generating capacity of customer-generators 
     of the system of the retail electric supplier that are using 
     net metering; and
       ``(II) the type of generating systems and energy source 
     used by the electric generating systems used by the customer-
     generators.

       ``(ii) Notice.--Each such retail electric supplier shall 
     notify the State regulatory authority and the Commission at 
     each time at which the total generating capacity of the 
     customer-generators of the retail electric supplier reaches a 
     level that equals or exceeds--

       ``(I) 75 percent of the limitation specified in 
     subparagraph (B); or
       ``(II) the limitation specified in subparagraph (B).

       ``(7) Ownership of credits.--
       ``(A) In general.--For purposes of Federal and State laws 
     providing renewable energy credits or greenhouse gas credits, 
     a customer-generator with a qualified generation unit and net 
     metering shall be treated as owning and having title to the 
     renewable energy attributes, renewable energy credits and 
     greenhouse gas emission credits relating to any electricity 
     produced by the qualified generation unit.
       ``(B) Retail electric suppliers.--No retail electric 
     supplier shall claim title to or ownership of any renewable 
     energy attributes, renewable energy credits, or greenhouse 
     gas emission credits of a customer-generator as a result of 
     interconnecting the customer-generator or providing or 
     offering the customer-generator net metering.
       ``(8) Safety and performance standards.--
       ``(A) In general.--A qualified generation unit and net 
     metering system used by a customer-generator shall meet all 
     applicable safety and performance and reliability standards 
     established by--
       ``(i) the national electrical code;
       ``(ii) the Institute of Electrical and Electronics 
     Engineers;
       ``(iii) Underwriters Laboratories; or
       ``(iv) the American National Standards Institute.
       ``(B) Additional charges.--The Commission shall, after 
     consultation with State regulatory authorities and 
     nonregulated local distribution systems and after notice and 
     opportunity for comment, prohibit by regulation the 
     imposition of additional charges by retail electric suppliers 
     and local distribution systems for equipment or services for 
     safety or performance that are in addition to those necessary 
     to meet the standards and requirements referred to in 
     subparagraph (A) and subsection (e).
       ``(9) Determination of compliance.--
       ``(A) In general.--Any State regulatory authority (with 
     respect to each electric utility for which the authority has 
     ratemaking authority), and each nonregulated electric 
     utility, may apply to the Commission for a determination that 
     any State net metering requirement or regulations complies 
     with this subsection.
       ``(B) Orders.--In the absence of a determination under 
     subparagraph (A), the Commission, on the motion of the 
     Commission or pursuant to the petition of any interested 
     person, may, after notice and opportunity for a hearing on 
     the record, issue an order requiring against any retail 
     electric supplier or local distribution company to require 
     compliance with this subsection.
       ``(C) Penalties.--
       ``(i) In general.--Any person who violates this subsection 
     or any order of the Commission under this subsection shall be 
     subject to a civil penalty in the amount of $10,000 for each 
     day that the violation continues.
       ``(ii) Assessment.--The penalty may be assessed by the 
     Commission, after notice and opportunity for hearing, in the 
     same manner as penalties are assessed under section 31(d) of 
     the Federal Power Act (16 U.S.C. 823b(d)).
       ``(e) Interconnection Standards.--
       ``(1) Model standards.--
       ``(A) In general.--Not later than 1 year after the date of 
     enactment of this subsection, the Commission shall publish 
     model standards for the physical connection between local 
     distribution systems and qualified generation units and 
     electric generation units that--
       ``(i) are qualified generation units (as defined in 
     subsection (d)(1)(D) (other than clause (ii) of subsection 
     (d)(1)(D)); and
       ``(ii) do not exceed 2,000 kilowatts of capacity.
       ``(B) Purposes.--The model standards shall be designed to--
       ``(i) encourage the use of qualified generation units; and
       ``(ii) ensure the safety and reliability of the qualified 
     generation units and the local distribution systems 
     interconnected with the qualified generation units.
       ``(C) Expedited procedures.--
       ``(i) In general.--The model standards shall have 2 
     separate expedited procedures, including--

       ``(I) a standard for interconnecting qualified generation 
     units of not more than 15 kilowatts; and
       ``(II) a separate standard that expedites interconnection 
     for qualified generation units of more than 15 kilowatts but 
     not more than 2,000 kilowatts.

       ``(ii) Best practices.--The expedited procedures shall be 
     based on the best practices that have been used in States 
     that have adopted interconnection standards.
       ``(iii) Model rule.--In designing the expedited procedures, 
     the Commission shall consider Interstate Renewable Energy 
     Council Model Rule MR-I2005.
       ``(D) Adoption of standards.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this subsection, each State shall--

       ``(I) adopt the model standards established under this 
     paragraph, with or without modification; and
       ``(II) submit the standards to the Commission for approval.

       ``(ii) Approval of modification.--The Commission shall 
     approve a modification of the model standards only if the 
     Commission determines that the modification is--

       ``(I) consistent with or superior to the purpose of the 
     standards; and
       ``(II) required by reason of local conditions.

       ``(E) Nonapproval of standards for a state.--If standards 
     have not been approved under this paragraph by the Commission 
     for any State during the 2-year period beginning on the date 
     of enactment of this subsection, the Commission shall, by 
     rule or order, enforce the model standards of the Commission 
     in the State until such time as State standards are approved 
     by the Commission.
       ``(F) Updates.--
       ``(i) In general.--Not later than 2 years after the date of 
     enactment of this subsection and after notice and opportunity 
     for comment, the Commission shall publish an update of the 
     model standards, after considering changes in the underlying 
     standards and technologies.
       ``(ii) Availability.--The updates shall be made available 
     to State regulatory authorities for the consideration of the 
     authorities.
       ``(2) Safety, reliability, performance, and cost.--
       ``(A) In general.--The standards under this subsection 
     shall establish such measures for the safety and reliability 
     of the affected equipment and local distribution systems as 
     are appropriate.
       ``(B) Administration.--The standards shall--
       ``(i) be consistent with all applicable safety and 
     performance standards established by--

       ``(I) the national electrical code;
       ``(II) the Institute of Electrical and Electronics 
     Engineers;
       ``(III) Underwriters Laboratories; or
       ``(IV) the American National Standards Institute; and

[[Page S7830]]

       ``(ii) impose not more than such minimum cost and technical 
     burdens to the interconnecting customer generator as the 
     Commission determines, by rule, are practicable.
       ``(3) Additional charges.--The model standards under this 
     subsection shall prohibit the imposition of additional 
     charges by local distribution systems for equipment or 
     services for interconnection that are in excess of--
       ``(A) the charges necessary to meet the standards; and
       ``(B) the charges and equipment requirements identified in 
     the best practices of States with interconnection standards.
       ``(4) Relationship to existing law regarding 
     interconnection.--Nothing in this subsection affects the 
     application of section 111(d)(15) relating to 
     interconnection.
       ``(5) Consumer-friendly contracts.--
       ``(A) In general.--The Commission shall--
       ``(i) promulgate regulations that ensure that simplified 
     contracts will be used for the interconnection of electric 
     energy by electric energy transmission or local distribution 
     systems and generating facilities that have a power 
     production capacity of not greater than 2,000 kilowatts; and
       ``(ii) consider the best practices for consumer-friendly 
     contracts that are used by States or national associations of 
     State regulators.
       ``(B) Liability or insurance.--The contracts shall not 
     require liability or other insurance in excess of the 
     liability or insurance that is typically carried by customer-
     generators for general liability.
       ``(6) Enforcement.--
       ``(A) In general.--Any person who violates this subsection 
     shall be subject to a civil penalty in the amount of $10,000 
     for each day that the violation continues.
       ``(B) Assessment.--The penalty may be assessed by the 
     Commission, after notice and opportunity for hearing, in the 
     same manner as penalties are assessed under section 31(d) of 
     the Federal Power Act (16 U.S.C. 823b(d)).''.
       (b) Conforming Amendment.--Section 1262 of the Public 
     Utility Holding Company Act of 2005 (42 U.S.C. 16451) is 
     amended by striking paragraph (5) and inserting the 
     following:
       ``(5) Electric utility company.--
       ``(A) In general.--The term `electric utility company' 
     means any company that owns or operates facilities used for 
     the generation, transmission, or distribution of electric 
     energy for sale.
       ``(B) Exclusion.--The term `electric utility company' does 
     not include an electric generation unit (as defined in 
     section 113(d) of the Public Utility Regulatory Policies Act 
     of 1978).''.

     SEC. 280. RELATIONSHIP TO STATE LAW.

       Section 117(b) of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 2627(b)) is amended--
       (1) by striking ``Nothing'' and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     nothing''; and
       (2) by adding at the end the following:
       ``(2) Net metering and interconnection standards.--
       ``(A) In general.--Subject to subparagraph (B), no State or 
     nonregulated utility may adopt or enforce any standard or 
     requirement concerning net metering or interconnection that 
     restricts access to the electric power transmission or local 
     distribution system by qualified generators beyond those 
     standards and requirements established under section 113.
       ``(B) Equivalent or greater access.--Nothing in this Act 
     precludes a State from adopting or enforcing incentives or 
     requirements to encourage qualified generation and net 
     metering that--
       ``(i) are in addition to or equivalent to incentives or 
     requirements under section 113; or
       ``(ii) afford greater access to the electric power 
     transmission and local distribution systems by qualified 
     generators (as defined in section 113) or afford greater 
     compensation or credit for electricity generated by the 
     qualified generators.''.
                                 ______
                                 
  SA 1648. Mr. WYDEN (for himself, Mr. Harkin, Ms. Landrieu, 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 192, after line 21, add the following:

     SEC. 305. ASSESSMENT OF CARBON SEQUESTRATION AND METHANE AND 
                   NITROUS OXIDE EMISSIONS FROM TERRESTRIAL 
                   ECOSYSTEMS.

       (a) Definitions.--In this section:
       (1) Adaptation strategy.--The term ``adaptation strategy'' 
     means a land use and management strategy that can be used to 
     increase the sequestration capabilities of any terrestrial 
     ecosystem.
       (2) Assessment.--The term ``assessment'' means the national 
     assessment authorized under subsection (b).
       (3) Covered greenhouse gas.--The term ``covered greenhouse 
     gas'' means carbon dioxide, nitrous oxide, and methane gas.
       (4) Native plant species.--The term ``native plant 
     species'' means any noninvasive, naturally occurring plant 
     species within a terrestrial ecosystem.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (6) Terrestrial ecosystem.--
       (A) In general.--The term ``terrestrial ecosystem'' means 
     any ecological and surficial geological system on public or 
     private land.
       (B) Inclusions.--The term ``terrestrial ecosystem'' 
     includes--
       (i) agricultural land;
       (ii) forest land;
       (iii) grassland;
       (iv) freshwater aquatic ecosystems; and
       (v) coastal ecosystems (including estuaries).
       (b) Authorization of Assessment.--Not later than 2 years 
     after the date on which the final methodology is published 
     under subsection (f)(3)(D), the Secretary shall complete a 
     national assessment of--
       (1) the quantity of carbon stored in and released from 
     terrestrial ecosystems; and
       (2) the annual flux of covered greenhouse gases in and out 
     of terrestrial ecosystems.
       (c) Components.--In conducting the assessment under 
     subsection (b), the Secretary shall--
       (1) determine the processes that control the flux of 
     covered greenhouse gases in and out of each terrestrial 
     ecosystem;
       (2) estimate the technical and economic potential for 
     increasing carbon sequestration in natural and managed 
     terrestrial ecosystems through management activities or 
     restoration activities in each terrestrial ecosystem;
       (3) develop near-term and long-term adaptation strategies 
     or mitigation strategies that can be employed--
       (A) to enhance the sequestration of carbon in each 
     terrestrial ecosystem;
       (B) to reduce emissions of covered greenhouse gases; and
       (C) to adapt to climate change; and
       (4) estimate annual carbon sequestration capacity of 
     terrestrial ecosystems under a range of policies in support 
     of management activities to optimize sequestration.
       (d) Use of Native Plant Species.--In developing restoration 
     activities under subsection (c)(2) and management strategies 
     and adaptation strategies under subsection (c)(3), the 
     Secretary shall emphasize the use of native plant species 
     (including mixtures of many native plant species) for 
     sequestering covered greenhouse gas in each terrestrial 
     ecosystem.
       (e) Consultation.--In conducting the assessment under 
     subsection (b) and developing the methodology under 
     subsection (f), the Secretary shall consult with--
       (1) the Secretary of Energy;
       (2) the Secretary of the Interior;
       (3) the Administrator of the Environmental Protection 
     Agency;
       (4) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (5) the heads of other relevant agencies;
       (6) consortia based at institutions of higher education and 
     with research corporations; and
       (7) representatives of agricultural producers and forest 
     and grassland managers.
       (f) Methodology.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall develop a 
     methodology for conducting the assessment.
       (2) Requirements.--The methodology developed under 
     paragraph (1)--
       (A) shall--
       (i) determine the method for measuring, monitoring, 
     quantifying, and monetizing covered greenhouse gas emissions 
     and reductions, including methods for allocating and managing 
     offsets or credits; and
       (ii) estimate the total capacity of each terrestrial 
     ecosystem to--

       (I) sequester carbon; and
       (II) reduce emissions of covered greenhouse gases; and

       (B) may employ economic and other systems models, analyses, 
     and estimations, to be developed in consultation with each of 
     the individuals described in subsection (e).
       (3) External review and publication.--On completion of a 
     proposed methodology, the Secretary shall--
       (A) publish the proposed methodology;
       (B) at least 60 days before the date on which the final 
     methodology is published, solicit comments from--
       (i) the public; and
       (ii) heads of affected Federal and State agencies;
       (C) establish a panel to review the proposed methodology 
     published under subparagraph (A) and any comments received 
     under subparagraph (B), to be composed of members--
       (i) with expertise in the matters described in subsections 
     (c) and (d); and
       (ii) that are, as appropriate, representatives of Federal 
     agencies, institutions of higher education, nongovernmental 
     organizations, State organizations, industry, and 
     international organizations; and
       (D) on completion of the review under subparagraph (C), 
     publish in the Federal register the revised final 
     methodology.
       (g) Estimate; Review.--The Secretary shall--
       (1) based on the assessment, prescribe the data, 
     information, and analysis needed to establish a 
     scientifically sound estimate of--
       (A) the carbon sequestration capacity of relevant 
     terrestrial ecosystems;

[[Page S7831]]

       (B) a national inventory of covered greenhouse gas sources 
     that is consistent with the inventory prepared by the 
     Environmental Protection Agency entitled the ``Inventory of 
     U.S. Greenhouse Gas Emissions and Sinks: 1990-2005''; and
       (C) the willingness of covered greenhouse gas emitters to 
     pay to sequester the covered greenhouse gases emitted by the 
     applicable emitters in designated terrestrial ecosystems; and
       (2) not later than 180 days after the date on which the 
     assessment is completed, submit to the heads of applicable 
     Federal agencies and the appropriate committees of Congress a 
     report that describes the results of the assessment.
       (h) Data and Report Availability.--On completion of the 
     assessment, the Secretary shall incorporate the results of 
     the assessment into a web-accessible database for public use.
       (i) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $5,000,000 for 
     each of the 3 years following the date of enactment of this 
     Act.
                                 ______
                                 
  SA 1649. Mr. REED 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 B of title I, add the following:

     SEC. 131. ENERGY EFFICIENCY RESIDENTIAL GUARANTEES.

       Section 1703 of the Energy Policy Act of 2005 (42 U.S.C. 
     16513) (as amended by section 124(a)) is amended--
       (1) in subsection (b), by adding at the end the following:
       ``(11) Energy efficiency residential financing guarantees 
     provided under subsection (g).''; and
       (2) by adding at the end the following:
       ``(g) Energy Efficiency Residential Guarantees.--
       ``(1) In general.--The Secretary shall make guarantees 
     under this section for single and multifamily mortgage bonds 
     and related financing for energy efficiency purposes.
       ``(2) Purposes.--The Secretary shall make a guarantee under 
     this subsection only for--
       ``(A) bonds and related financing issued by State housing 
     and energy agencies; or
       ``(B) debt financing for energy efficiency measures in new 
     or existing housing supported by Federal financial assistance 
     programs (including the low-income housing credits under 
     section 42 of the Internal Revenue Code of 1986 and project-
     based rental housing assistance under section 8(o)(13) of the 
     United States Housing Act of 1937 (42 U.S.C. 1437f(o)(13)) 
     under which energy efficiency projects are approved jointly 
     by State housing finance and energy agencies.
       ``(3) Criteria.--Not later than 90 days after the date of 
     enactment of this subsection, the Secretary (in consultation 
     with State housing finance, energy, weatherization and public 
     utility commissioners) shall promulgate regulations 
     establishing criteria for energy efficiency projects eligible 
     for guarantees under this subsection.
       ``(4) Administration.--Subsections (a)(2) and (d) shall not 
     apply to a guarantee made under this subsection.''.
                                 ______
                                 
  SA 1650. Mr. REED 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. __. PUBLIC HOUSING CAPITAL FUND.

       Section 9(e)(2)(C) of the United States Housing Act of 1937 
     (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the end 
     the following:
       ``(iv) Existing contracts.--The term of a contract 
     described in clause (i) that, as of the date of enactment of 
     this clause, is in repayment and has a term of not more than 
     12 years, may be extended to a term of not more than 20 years 
     to permit additional energy conservation improvements without 
     requiring the reprocurement of energy performance 
     contractors.''.
                                 ______
                                 
  SA 1651. Mrs. McCASKILL 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:

                   Subtitle __--Retail Fuel Fairness

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``Future Accountability 
     in Retail Fuel Act'' or the ``FAIR Fuel Act''.

     SEC. __2. AUTOMATIC TEMPERATURE COMPENSATION EQUIPMENT.

       (a) In General.--
       (1) New motor fuel dispensers.--Beginning 90 days after the 
     issuance of final regulations under subsection (c), all motor 
     fuel dispensers that are newly installed or upgraded at any 
     retail fuel establishment in the United States shall be 
     equipped with automatic temperature compensation equipment to 
     ensure that any volume of gasoline or diesel fuel measured by 
     such dispenser for retail sale is equal to the volume that 
     such quantity of fuel would equal at the time of such sale if 
     the temperature of the fuel was 60 degrees Fahrenheit.
       (2) Existing motor fuel dispensers.--Not later than 5 years 
     after the issuance of final regulations under subsection (c), 
     all motor fuel dispensers at any retail fuel establishment in 
     the United States shall be equipped with the automatic 
     temperature compensation equipment described in paragraph 
     (1).
       (b) Inspections.--
       (1) Annual inspection.--Beginning on the date described in 
     subsection (a), State inspectors conducting an initial or 
     annual inspection of motor fuel dispensers are authorized to 
     determine if such dispensers are equipped with the automatic 
     temperature compensation equipment required under subsection 
     (a).
       (2) Notification.--If the State inspector determines that a 
     motor fuel dispenser does not comply with the requirement 
     under subsection (a), the State inspector is authorized to 
     notify the Secretary of Commerce, through an electronic 
     notification system developed by the Secretary, of such 
     noncompliance.
       (3) Follow-up inspection.--Not earlier than 180 days after 
     a motor fuel dispenser is found to be out of compliance with 
     the requirement under subsection (a), the Secretary shall 
     coordinate a follow-up inspection of such motor fuel 
     dispenser.
       (4) Fine.--
       (A) In general.--The owner or operator of any retail fuel 
     establishment with a motor fuel dispenser subject to the 
     requirement under subsection (a) that is determined to be out 
     of compliance with such requirement shall be subject to a 
     fine equal to $5,000 for each noncompliant motor fuel 
     dispenser.
       (B) Additional fine.--If a motor fuel dispenser is 
     determined to be out of compliance during a follow-up 
     inspection, the owner or operator of the retail fuel 
     establishment at which such motor fuel dispenser is located 
     shall be subject to an additional fine equal to $5,000.
       (5) Use of fines.--Amounts collected under paragraph (4) 
     may be used to carry out section __3.
       (c) Rulemaking.--
       (1) Commencement.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Commerce shall 
     commence a rulemaking procedure to implement the requirement 
     under subsection (a).
       (2) Final regulations.--Not later than 1 year after the 
     date of the enactment of this Act, the Secretary of Commerce 
     shall issue final regulations to implement the requirement 
     under subsection (a), including specifying which volume 
     correction factor tables shall be used for the range of 
     gasoline and diesel fuel products that are sold to retail 
     customers in the United States.
       (d) Defined Term.--In this subtitle, the term ``automatic 
     temperature compensation equipment'' has the meaning given 
     the term in the National Institute of Standards and 
     Technology Handbook 44.

     SEC. __3. AUTOMATIC TEMPERATURE COMPENSATION EQUIPMENT GRANT 
                   PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Secretary of Commerce is authorized to 
     award grants to owners and operators of retail fuel 
     establishments to offset the costs associated with the 
     installation of automatic temperature compensation equipment 
     on motor fuel dispensers.
       (2) Maximum amount.--The Secretary may not award a grant 
     under this subsection in excess of--
       (A) $1,000 per motor fuel dispenser; or
       (B) $10,000 per grant recipient.
       (3) Ineligible companies.--A major integrated oil company 
     (as defined in section 167(h)(5) of the Internal Revenue Code 
     of 1986) is ineligible to receive a grant under this 
     subsection.
       (4) Use of grant funds.--Grant funds received under this 
     subsection may be used to offset the costs incurred by owners 
     and operators of retail establishments to acquire and install 
     automatic temperature compensation equipment in accordance 
     with the requirement under section __2(a).

[[Page S7832]]

       (b) Reimbursement of State Inspection Costs.--The Secretary 
     of Commerce is authorized to reimburse States for the costs 
     incurred by the States to--
       (1) inspect motor fuel dispensers for compliance with the 
     requirement under section __2(a); and
       (2) notify the Secretary of Commerce of any noncompliance 
     with such requirement.

     SEC. __4. SAVINGS PROVISION.

       (a) In General.--Nothing in this subtitle may be construed 
     to preempt a State from enacting a law that imposes an 
     equivalent standard or a more stringent standard concerning 
     the retail sale of gasoline at certain temperatures.
       (b) Defined Term.--In this section, the term ``equivalent 
     standard'' means any standard that prohibits the retail sale 
     of gasoline with energy content per gallon that is different 
     than the energy content of 1 gallon of gasoline stored at 60 
     degrees Fahrenheit.

     SEC. __5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle.
                                 ______
                                 
  SA 1652. Mr. HAGEL (for himself and Mr. Menendez) 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 F of title II, add the following:

     SEC. 2__. TRAFFIC SIGNAL COORDINATION.

       (a) In General.--Of funds made available to carry out this 
     Act, the Secretary shall use not less than $2,000,000 to 
     carry out, through the Clean Cities Program established under 
     sections 404, 409, and 505 of the Energy Policy Act of 1992 
     (42 U.S.C. 13231, 13235, 13256), a program for traffic signal 
     coordination.
       (b) Requirement.--The Secretary shall ensure that any 
     activity under the program under subsection (a) shall be 
     carried out by a certified civil engineer with experience 
     relating to traffic patterns, signals, and congestion.
       (c) Action by State and Local Governments.--
       (1) Report.--Each unit of State or local government that 
     receives funds from the Secretary to carry out an activity 
     under the program under subsection (a) shall submit to the 
     Secretary a report describing the quantity of fuel savings of 
     the State as a result of the activity--
       (A) by not later than 3 years after the date on which the 
     State receives the funds; and
       (B) every 3 years thereafter.
       (2) Treatment of emission reductions.--Any emission 
     reductions due to fuel savings in a State as a result of an 
     activity under the program under subsection (a) shall be 
     taken into account with respect to the State implementation 
     plan of the State under the Clean Air Act (42 U.S.C. 7401 et 
     seq.), regardless of whether the activity is part of a 
     transportation implementation plan of the State.
                                 ______
                                 
  SA 1653. 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; which was ordered to lie on 
the table; as follows:

       On page 192, after line 21, add the following:

     SEC. 305. STUDY OF INDUSTRIAL APPLICATIONS OF CARBON DIOXIDE.

       The Secretary shall offer to enter into a contract with the 
     National Academy of Sciences under which the National Academy 
     of Sciences shall conduct a study of uses (including 
     industrial applications) for captured carbon dioxide, other 
     than sequestration, enhanced oil recovery, or carbon trading.
                                 ______
                                 
  SA 1654. 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; which was ordered to lie on 
the table; as follows:

       On page 47, after line 23, add the following:

     SEC. 131. COAL-TO-LIQUID AND GAS-TO-LIQUID TECHNOLOGIES.

       (a) Findings.--Congress finds that--
       (1) coal-to-liquid and gas-to-liquid technologies are 
     mature, known technologies that are used around the world;
       (2) with sizable coal reserves, the United States is 
     ideally suited for the use of coal-to-liquid and gas-to-
     liquid technologies to produce alternatives for petroleum 
     products; and
       (3) it is in the best interest of the national security of 
     the United States to develop and commercialize a synthetic 
     fuels industry.
       (b) Coal-to-Liquid and Gas-to-Liquid Facilities Loan 
     Guarantee Program.--
       (1) Amount.--Section 1702(c) of the Energy Policy Act of 
     2005 (42 U.S.C. 16512(c)) is amended--
       (A) by striking ``Unless'' and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     unless''; and
       (B) by adding at the end the following:
       ``(2) Exception.--The amount of a loan guarantee provided 
     under this title for a project described in section 
     1703(b)(11) shall be not more than the lesser of--
       ``(A) 50 percent of the project cost of the facility that 
     is the subject of the guarantee, as estimated at the time at 
     which the guarantee is issued; or
       ``(B) $100,000,000.''.
       (2) Eligible projects.--Section 1703(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by adding 
     at the end the following:
       ``(11) Coal-to-liquid and gas-to-liquid facilities that 
     produce not less than 150,000,000 gallons of liquid 
     transportation fuel per year.''.
       (3) Authorization of appropriations.--Section 1704 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16514) is amended by 
     adding at the end the following:
       ``(c) Coal-to-Liquid and Gas-to-Liquid Projects.--There are 
     authorized to be appropriated such sums as are necessary to 
     provide the cost of guarantees for projects involving coal-
     to-liquid and gas-to-liquid facilities under section 
     1703(b)(11).''.
       (c) Department of Defense Requirements for Utilization of 
     Coal-to-Liquid or Gas-to-Liquid Fuel in Military Aircraft.--
       (1) In general.--Subchapter II of chapter 134 of title 10, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 2263. Fuel: minimum requirements for utilization of 
       coal-to-liquid or gas-to-liquid fuel

       ``(a) In General.--Of the total amount of fuel utilized by 
     the Department of Defense in a calendar year, the percentage 
     of such fuel that is coal-to-liquid fuel, gas-to-liquid fuel, 
     or both shall be the percentage as follows:
       ``(1) In the first applicable utilization year, 5 percent.
       ``(2) Except as provided in subsection (c), in any year 
     after the first applicable utilization year, a percentage 
     that is 5 greater than the percentage of utilization in the 
     preceding year under this section.
       ``(b) First Applicable Utilization Year.--For purposes of 
     subsection (a)(1), the first applicable utilization year for 
     coal-to-liquid fuel and gas-to-liquid fuel shall be the 
     earlier of the following:
       ``(1) The first calendar year after the Secretary Defense 
     certifies to Congress that at least 50 percent of the 
     aircraft fleet of the Department has the proven capability to 
     utilize coal-to-liquid fuel or gas-to-liquid fuel without--
       ``(A) any adverse effect on the aircraft engines of such 
     fleet;
       ``(B) any adverse effect on the overall performance of the 
     aircraft; and
       ``(C) any adverse effect on health and safety of the 
     aircrew, passengers, and maintenance crew.
       ``(2) 2017.
       ``(c) Exception.--If as of December 31 of any year in which 
     subsection (a) is in effect the average price of crude 
     petroleum (as determined by the Secretary of Energy in 2007 
     constant dollars) is less then $40 per barrel, paragraph (2) 
     of that subsection shall not be operative in the next 
     succeeding year.
       ``(d) Maximum Percentage.--
       ``(1) The maximum percentage of the fuel utilized by the 
     Department that is required by this section to be coal-to-
     liquid fuel, gas-to-liquid fuel, or both is 50 percent.
       ``(2) Nothing in paragraph (1) shall be construed to limit 
     the percentage of fuel utilized by the Department that is 
     coal-to-liquid fuel or gas-to-liquid fuel.''.
       (2) Clerical amendment.--The table of section at the 
     beginning of subchapter II of such chapter is amended by 
     adding at the end the following new item:

``Sec. 2263. Fuel: minimum requirements for utilization of coal-to-
              liquid or gas-to-liquid fuel.''.

       (d) Commercial Aircraft Study.--
       (1) In general.--The Secretary of Energy, in consultation 
     with the Administrator of the Federal Aviation 
     Administration, shall conduct a study on commercial style 
     aircraft engines and airframes to determine the quantity of 
     fuel produced using coal-to-liquid or gas-to-liquid 
     technology that may be used without compromising health, 
     safety, or the longevity of the engines and airframes, 
     including an analysis of any environmental benefits from 
     using the fuel.
       (2) Report.--Not later than 180 days after the date of the 
     completion of the study under paragraph (1), the Secretary of 
     Energy shall submit to the appropriate committees of Congress 
     a report that describes--
       (A) the results of the study; and
       (B) any recommendations of the Secretary of Energy.

[[Page S7833]]



                          ____________________