[Congressional Record (Bound Edition), Volume 154 (2008), Part 8]
[Senate]
[Pages 11625-11737]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4863. Mr. CORKER (for himself, Mr. Sanders, Mrs. McCaskill, Mr. 
Stevens) submitted an amendment intended to be proposed by him to the 
bill S. 3036, to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 25, lines 20 and 21, strike ``sections 1313(a) and 
     1314(b)'' and insert ``section 1313(a)''.
       On page 78, lines 4 and 5, strike ``international 
     allowances under section 322 and''.
       Beginning on page 112, strike line 3 and all that follows 
     through page 116, line 16.
       On page 150, strike lines 15 through 23 and insert the 
     following:
       (3) Increase the quantity of offset allowances
       Beginning on page 424, strike line 4 and all that follows 
     through page 425, line 25, and insert the following:

     SEC. 1311. SENSE OF SENATE REGARDING ENCOURAGEMENT OF 
                   INTERNATIONAL EFFORTS TO REDUCE GREENHOUSE GAS 
                   EMISSIONS FROM DEFORESTATION.

       (a) Findings.--The Senate finds that--
       (1) tropical deforestation accounts for 20 percent of the 
     global total of human-caused greenhouse gas emissions each 
     year;
       (2) efforts to greatly reduce global tropical deforestation 
     are important to stabilizing global atmospheric greenhouse 
     gases at levels that would avoid dangerous anthropogenic 
     interference with the climate system;
       (3) the Federal Government supports efforts to preserve and 
     restore global forest ecosystems as part of a coordinated 
     effort to respond to global warming;
       (4) notwithstanding the desirability of reducing tropical 
     deforestation as part of a global warming program, there 
     remain a large number of unresolved issues surrounding the 
     validity of international offsets as a means for ensuring 
     actual reductions in emissions of greenhouse gases;
       (5) the integrity of the emission reductions required under 
     the domestic cap-and-trade program under this Act would be 
     strengthened if international forestry projects were not 
     pursued as offsets; and
       (6) it is desirable to create a global funding stream 
     sufficient to reduce global deforestation rates.
       (b) Sense of Senate.--It is the sense of the Senate that, 
     in recognition of the importance of international forest 
     protection to stabilizing global climate, Congress should 
     develop a mechanism to encourage international efforts to 
     reduce greenhouse gas emissions from deforestation.
       On page 426, line 10, strike ``sections 1313 and 1314'' and 
     insert ``section 1313''.
       Beginning on page 430, strike line 1 and all that follows 
     through page 437, line 16.
                                 ______
                                 
  SA 4864. Mr. CORKER (for himself, Mr. Craig, and Mr. Chambliss) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 19, between lines 16 and 17, insert the following:
       (11) Climate tax refund fund.--The term ``Climate Tax 
     Refund Fund'' means the fund established by section 581.
       On page 159, strike lines 3 through 18 and insert the 
     following:

     The Administrator shall deposit the proceeds from each cost-
     containment auction in the Climate Tax Refund Fund for use in 
     accordance with section 584.
       On page 161, lines 11 and 12, strike ``Change Worker 
     Training and Assistance'' and insert ``Tax Refund''.
       On page 161, line 16, strike ``Change Worker Training and 
     Assistance'' and insert ``Tax Refund''.
       On page 161, line 24, strike ``Change Worker Training and 
     Assistance'' and insert ``Tax Refund''.
       In the heading of the right column of the table contained 
     on page 162, after line 17, strike ``Change Worker Training 
     and Assistance'' and insert ``Tax Refund''.
       In the left column of the table that appears on page 163, 
     before line 1, strike ``2059'' and insert ``2050''.
       On page 163, lines 4 and 5, strike ``Change Worker Training 
     and Assistance'' and insert ``Tax Refund''.
       Beginning on page 163, strike line 6 and all that follows 
     through page 164, line 20.
       Beginning on page 164, strike line 21 and all that follows 
     through page 183, line 3.
       On page 201, line 22, strike ``Change Consumer Assistance'' 
     and insert ``Tax Refund''.
       On page 202, strike lines 3 and 4 and insert the following:

     (b) and (c) and in addition to other auctions conducted 
     pursuant to this Act, to raise funds for deposit in the 
     Climate Tax Refund Fund, for each of calendar
       On page 202, line 11, strike ``Change Consumer Assistance'' 
     and insert ``Tax Refund''.
       In the heading of the right column of the table contained 
     on page 203, after line 2, strike ``Change Consumer 
     Assistance'' and insert ``Tax Refund''.
       On page 204, lines 1 and 2, strike ``Change Consumer 
     Assistance'' and insert ``Tax Refund''.
       On page 204, strike lines 3 through 14 and insert the 
     following:

     SEC. 584. USE OF AMOUNTS IN CLIMATE TAX REFUND FUND.

       (a) Definitions.--In this section:
       (1) Qualified couple.--The term ``qualified couple'' means 
     a married couple the combined annual income of which does not 
     exceed $300,000.
       (2) Qualified individual.--The term ``qualified 
     individual'' means an individual the annual income of whom 
     does not exceed $150,000.
       (b) Reimbursements.--The Administrator shall establish, by 
     regulation, a program under which, for each of calendar years 
     2012 through 2050, the Administrator, in consultation with 
     the Secretary of the Treasury, shall use amounts deposited in 
     the Climate Tax Refund Fund for the calendar year to provide 
     to qualified couples and qualified individuals reimbursement 
     in an amount described in subsection (c).
       (c) Amounts.--For each calendar year described in 
     subsection (b), the amount of reimbursement paid to each 
     qualified couple and each qualified individual shall be 
     determined proportionately, based on the total amount in the 
     Climate Tax Refund Fund for the calendar year.
       Beginning on page 204, strike line 22 and all that follows 
     through page 217, line 4, and insert the following:

     SEC. 601. ASSISTING ENERGY CONSUMERS.

       (a) Auction.--
       (1) First period.--Not later than 330 days before the 
     beginning of calendar year 2012, the Administrator shall 
     auction 12.75 percent of the quantity of emission allowances 
     established pursuant to section 201(a) for that calendar 
     year.
       (2) Second period.--Not later than 330 days before the 
     beginning of each of calendar years 2013 through 2025, the 
     Administrator shall auction 13 percent of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for that calendar year.
       (3) Third period.--Not later than 330 days before the 
     beginning of each of calendar years 2026 through 2050, the 
     Administrator shall auction 13.5 percent of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for that calendar year.
       (b) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to subsection (a) in 
     the Climate Tax Refund Fund, for use in accordance with 
     section 584.
       On page 217, strike lines 8 through 16 and insert the 
     following:
       (1) In general.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2050, the 
     Administrator shall auction a percentage of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for the applicable calendar year, in accordance with the 
     table contained in paragraph (2).
       On page 217, line 19, strike ``allocate to States described 
     in'' and insert ``auction under''.
       In the heading of the right column of the table contained 
     on page 217, after line 21, strike ``allocation among States 
     relying heavily on manufacturing and on coal'' and insert 
     ``auction''.
       Beginning on page 218, strike line 1 and all that follows 
     through page 222, line 4, and insert the following:
       (b) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to subsection (a) in 
     the Climate Tax Refund Fund, for use in accordance with 
     section 584.
       Beginning on page 222, strike line 8 and all that follows 
     through page 223, line 11, and insert the following:

     SEC. 611. MASS TRANSIT.

       (a) Auction of Allowances.--In accordance with subsections 
     (b) and (c), for each of calendar years 2012 through 2050, 
     the Administrator shall auction a quantity of the emission 
     allowances established pursuant to section 201(a) for each 
     calendar year.
       (b) Number; Frequency.--For each calendar year during the 
     period described in subsection (a), the Administrator shall--
       (1) conduct not fewer than 4 auctions; and
       (2) schedule the auctions in a manner to ensure that--
       (A) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (B) the interval between each auction is of equal duration.
       (c) Quantities of Emission Allowances Auctioned.--For each 
     calendar year of the period described in subsection (a), the 
     Administrator shall auction a quantity of emission allowances 
     in accordance with the applicable percentages described in 
     the following table:

[[Page 11626]]

       Beginning on page 224, strike line 1 and all that follows 
     through page 228, line 25, and insert the following:
       (d) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       On page 240, strike lines 5 through 17 and insert the 
     following:
       (a) In General.--In accordance with subsection (b), for 
     each of calendar years 2012 through 2050, the Administrator 
     shall--
       (1) auction 2 percent of the emission allowances 
     established pursuant to section 201(a) for the calendar year; 
     and
       (2) immediately on completion of an auction, deposit the 
     proceeds of the auction in the Climate Tax Refund Fund, for 
     use in accordance with section 584.
       On page 241, strike lines 6 through 21 and insert the 
     following:
       (a) Auction.--
       (1) In general.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2050, the 
     Administrator shall auction a percentage of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for the applicable calendar year, in accordance with 
     paragraph (2).
       (2) Percentages for auction.--For each of calendar years 
     2012 through 2050, the Administrator shall auction in 
     accordance with paragraph (1) the percentage of emission 
     allowances specified in the following table:
       In the heading of the right column of the table contained 
     on page 241, after line 21, strike ``State leaders in 
     reducing greenhouse gas emissions and improving energy 
     efficiency'' and insert ``auction''.
       Beginning on page 242, strike line 1 and all that follows 
     through page 249, line 9, and insert the following:
       (b) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section in 
     the Climate Tax Refund Fund, for use in accordance with 
     section 584.
       On page 249, strike lines 13 through 24 and insert the 
     following:

     SEC. 621. AUCTION.

       (a) In General.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2050, the 
     Administrator shall auction a percentage of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for the applicable calendar year, in accordance with 
     subsection (b).
       (b) Percentages for Allocation.--For each of calendar years 
     2012 through 2050, the Administrator shall auction in 
     accordance with subsection (a) the per-
       In the heading of the right column of the table contained 
     on page 250, after line 2, insert ``auction to'' after 
     ``Percentage for''.
       Beginning on page 250, strike line 3 and all that follows 
     through page 267, line 11, and insert the following:

     SEC. 622. USE OF PROCEEDS.

       The Administrator shall deposit all proceeds of auctions 
     conducted pursuant to this subtitle, immediately on receipt 
     of those proceeds, in the Climate Tax Refund Fund, for use in 
     accordance with section 584.
       Beginning on page 267, strike line 16 and all that follows 
     through page 268, line 19, and insert the following:

     SEC. 631. AUCTIONS.

       (a) Auctions.--
       (1) In general.--In accordance with paragraph (2) and 
     subsection (b), for each of calendar years 2012 through 2050, 
     the Administrator shall auction a percentage of emission 
     allowances established for the calendar year pursuant to 
     section 201(a) to raise funds for deposit in the Climate Tax 
     Refund Fund.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (b) Quantities of Emission Allowances Auctioned.--For each 
     calendar year of the period described in subsection (a)(1), 
     the Administrator shall auction a quantity of emission 
     allowances in accordance with the applicable percentages 
     described in the following table:
       In the heading of the right column of the table contained 
     on page 268, after line 19, strike ``for Fund''.
       Beginning on page 269, strike line 1 and all that follows 
     through page 279, line 14, and insert the following:
       (c) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 283, strike line 14 and all that follows 
     through page 292, line 16, and insert the following:

     SEC. 801. AUCTIONS.

       (a) First Period.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2030, the 
     Administrator shall auction 6.25 percent of the emission 
     allowances established pursuant to section 201(a) for that 
     calendar year.
       (b) Second Period.--Not later than 330 days before the 
     beginning of each of calendar years 2031 through 2050, the 
     Administrator shall auction 3.25 percent of the emission 
     allowances established pursuant to section 201(a) for that 
     calendar year.
       (c) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 292, strike line 22 and all that follows 
     through page 302, line 22, and insert the following:

     SEC. 901. AUCTIONS.

       (a) First Period.--
       (1) In general.--For each of calendar years 2012 through 
     2021, the Administrator shall, in accordance with paragraph 
     (2), auction 1.75 percent of the quantity of emission 
     allowances established pursuant to section 201(a) for the 
     calendar year.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (b) Second Period.--
       (1) In general.--For each of calendar years 2022 through 
     2030, the Administrator shall, in accordance with paragraph 
     (2), auction 2 percent of the quantity of emission allowances 
     established pursuant to section 201(a) for the calendar year.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (c) Third Period.--
       (1) In general.--For each of calendar years 2031 through 
     2050, the Administrator shall, in accordance with paragraph 
     (2), auction 1 percent of the quantity of emission allowances 
     established pursuant to section 201(a) for the calendar year.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (d) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 303, strike line 2 and all that follows 
     through page 304, line 7, and insert the following:

     SEC. 911. AUCTIONS.

       (a) In General.--For each of calendar years 2012 through 
     2050, the Administrator shall, in accordance with subsection 
     (b), auction 0.25 percent of the quantity of emission 
     allowances established pursuant to section 201(a) for the 
     calendar year.
       (b) Number; Frequency.--For each calendar year during the 
     period described in subsection (a), the Administrator shall--
       (1) conduct not fewer than 4 auctions; and
       (2) schedule the auctions in a manner to ensure that--
       (A) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (B) the interval between each auction is of equal duration.
       (c) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 304, strike line 11 and all that follows 
     through page 307, line 9, and insert the following:

     SEC. 1001. AUCTIONS.

       (a) In General.--Not later than 120 days after the date of 
     enactment of this Act, and annually thereafter through 2022, 
     the Administrator shall auction 1 percent of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for the calendar year that occurs 3 years after the calendar 
     year during which the auction is conducted.
       (b) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.

[[Page 11627]]

       Beginning on page 330, strike line 8 and all that follows 
     through page 332, line 9, and insert the following:

     SEC. 1101. AUCTIONS.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall auction 0.5 
     percent of the quantity of emission allowances established 
     pursuant to section 201(a) for calendar years 2012 through 
     2017.
       (b) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 332, strike line 12 and all that follows 
     through page 338, line 5, and insert the following:

     SEC. 1111. AUCTIONS.

       (a) In General.--For each of calendar years 2012 through 
     2050, the Administrator shall, in accordance with subsection 
     (b), auction 1 percent of the quantity of emission allowances 
     established pursuant to section 201(a) for the calendar year.
       (b) Number; Frequency.--For each calendar year during the 
     period described in subsection (a), the Administrator shall--
       (1) conduct not fewer than 4 auctions; and
       (2) schedule the auctions in a manner to ensure that--
       (A) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (B) the interval between each auction is of equal duration.
       (c) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 338, strike line 7 and all that follows 
     through page 340, line 21, and insert the following:

     SEC. 1121. AUCTIONS.

       (a) Auctions.--
       (1) First period.--Not later than 330 days before the 
     beginning of each of calendar years 2012 and 2013, the 
     Administrator shall auction 1 percent of the emission 
     allowances established pursuant to section 201(a) for that 
     calendar year.
       (2) Second period.--Not later than 330 days before the 
     beginning of each of calendar years 2014 through 2017, the 
     Administrator shall auction 0.75 percent of the emission 
     allowances established pursuant to section 201(a) for that 
     calendar year.
       (3) Third period.--Not later than 330 days before the 
     beginning of each of calendar years 2018 through 2030, the 
     Administrator shall auction 1 percent of the emission 
     allowances established pursuant to section 201(a) for that 
     calendar year.
       (b) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 352, strike line 21 and all that follows 
     through page 354, line 9, and insert the following:

     SEC. 1201. AUCTIONS.

       (a) Auctions.--
       (1) In general.--In accordance with subsections (b) and 
     (c), for each of calendar years 2012 through 2050, the 
     Administrator shall auction a quantity of the emission 
     allowances established pursuant to section 201(a) for each 
     calendar year.
       (2) Use of proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       In the heading of the right column of the table contained 
     on page 355, after line 2, strike ``for funds''.
       Beginning on page 356, strike line 1 and all that follows 
     through page 381, line 9.
       Beginning on page 438, strike line 6 and all that follows 
     through page 442, line 2, and insert the following:

     SEC. 1321. AUCTIONS.

       (a) Auctions.--
       (1) In general.--In accordance with paragraph (2), for each 
     of calendar years 2012 through 2017, the Administrator shall 
     auction 0.5 percent of the emission allowances established 
     pursuant to section 201(a) for the calendar year.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (b) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 442, strike line 7 and all that follows 
     through page 443, line 16, and insert the following:

     SEC. 1331. AUCTION.

       (a) Auctions.--
       (1) In general.--In accordance with paragraph (2) and 
     subsection (b), for each of calendar years 2012 through 2050, 
     the Administrator shall auction a certain percentage of the 
     emission allowances established pursuant to section 201(a) 
     for the calendar year.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (3) Use of proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this subsection, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       (b) Percentage for Auction.--For each of calendar years 
     2012 through 2050, the Administrator shall auction in 
     accordance with subsection (a) the percentage of emission 
     allowances specified in the following table:
       In the heading of the right column of the table contained 
     on page 443, after line 16, strike ``for Fund''.
       Beginning on page 444, strike line 1 and all that follows 
     through page 456, line 23.
       Beginning on page 457, strike line 1 and all that follows 
     through page 458, line 5, and insert the following:

       TITLE XIV--ADDITIONAL AUCTIONS FOR CLIMATE TAX REFUND FUND

     SEC. 1401. ADDITIONAL AUCTIONS.

       (a) In General.--For each of calendar years 2012 through 
     2050, the Administrator shall auction, in accordance with 
     subsections (b) and (c), a certain percentage of the emission 
     allowances established pursuant to section 201(a) for the 
     calendar year to raise funds for deposit in the Climate Tax 
     Refund Fund.
       (b) Number; Frequency.--For each calendar year during the 
     period described in subsection (a), the Administrator shall--
       (1) conduct not fewer than 4 auctions; and
       (2) schedule the auctions in a manner to ensure that--
       (A) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (B) the interval between each auction is of equal duration.
       (c) Quantities of Emission Allowances Auctioned.--For each 
     of calendar years 2012 through 2050, the quantity of emission 
     allowances auctioned pursuant to subsection (a) shall be the 
     quantity represented by the percentages specified in the 
     following table:
       In the heading of the right column of the table contained 
     on page 458, after line 5, strike ``Deficit Reduction'' and 
     insert ``Climate Tax Refund''.
       On page 459, strike lines 1 through 7 and insert the 
     following:
       (d) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.
       Beginning on page 478, strike line 19 and all that follows 
     through page 481, line 3, and insert the following:

      Subtitle A--Additional Auctions for Climate Tax Refund Fund

     SEC. 1701. AUCTIONS.

       (a) First Period.--Not later than 120 days after the date 
     of enactment of this Act, and annually thereafter through 
     2027, the Administrator shall auction, to raise funds for 
     deposit in the Climate Tax Refund Fund, 0.75 percent of the 
     quantity of emission allowances established pursuant to 
     section 201(a) for the calendar year that is 3 years after 
     the calendar year during which the auction is conducted.
       (b) Second Period.--
       (1) In general.--For each of calendar years 2031 through 
     2050, the Administrator shall auction, in accordance with 
     paragraph (2), 1 percent of the quantity of emission 
     allowances established pursuant to section 201(a) for the 
     calendar year, to raise funds for deposit in the Climate Tax 
     Refund Fund.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     the calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (c) Use of Proceeds.--The Administrator shall deposit all 
     proceeds of auctions conducted pursuant to this section, 
     immediately on receipt of those proceeds, in the Climate Tax 
     Refund Fund, for use in accordance with section 584.

[[Page 11628]]


                                 ______
                                 
  SA 4865. Mr. MENENDEZ (for himself, Ms. Snowe, and Mr. Durbin) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 196, line 21, strike ``2 percent'' and insert ``1.5 
     percent''.
       On page 198, between lines 16 and 17, insert the following:
       (c) Limitation.--No emission allowance shall be distributed 
     to an owner or operator of an entity described in section 
     561(a) under this subtitle if the owner or operator, or the 
     parent company of the owner or operator, has total annual 
     revenue that is equal to or greater than--
       (1) in the case of calendar year 2012, $100,000,000,000; 
     and
       (2) in the case of each subsequent calendar year, 
     $100,000,000,000, as adjusted to reflect the annual rate of 
     United States dollar inflation for the calendar year (as 
     measured by the Consumer Price Index) since calendar year 
     2012.
       On page 443, after line 16, strike the table and insert the 
     following:


------------------------------------------------------------------------
                                                          Percentage for
                      Calendar year                         auction for
                                                               Fund
------------------------------------------------------------------------
2012....................................................            1.5
2013....................................................            1.5
2014....................................................            1.75
2015....................................................            1.75
2016....................................................            1.75
2017....................................................            1.75
2018....................................................            2
2019....................................................            2
2020....................................................            2
2021....................................................            2
2022....................................................            3
2023....................................................            3
2024....................................................            3
2025....................................................            3
2026....................................................            4
2027....................................................            4
2028....................................................            4
2029....................................................            4
2030....................................................            4
2031....................................................            6
2032....................................................            6
2033....................................................            6
2034....................................................            6
2035....................................................            6
2036....................................................            6
2037....................................................            6
2038....................................................            6
2039....................................................            7
2040....................................................            7
2041....................................................            7
2042....................................................            7
2043....................................................            7
2044....................................................            7
2045....................................................            7
2046....................................................            7
2047....................................................            7
2048....................................................            7
2049....................................................            7
2050....................................................            7.
------------------------------------------------------------------------

                                 ______
                                 
  SA 4866. Mrs. MURRAY (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 161, between lines 8 and 9, insert the following:

         PART I--CLIMATE CHANGE WORKER TRAINING AND ASSISTANCE

       On page 181, line 14, insert ``and'' at the end.
       On page 181, strike lines 17 through 19 and insert 
     ``ties.''
       On page 183, between lines 3 and 4, insert the following:

                      PART II--WORKFORCE EDUCATION

     SEC. 538. CLIMATE CHANGE WORKFORCE EDUCATION FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Climate Change 
     Workforce Education Fund''.
       (b) Auctions.--Annually over the course of at least 4 
     auctions spaced evenly over a period beginning 330 days 
     before, and ending 60 days before, the beginning of each of 
     calendar years 2012 through 2050, the Administrator shall, 
     for the purpose of raising funds to deposit in the Climate 
     Change Workforce Education Fund, auction a quantity of 
     emission allowances established for that year pursuant to 
     section 201(a) in accordance with the applicable percentages 
     described in the following table:


------------------------------------------------------------------------
                                                         Percentage for
                                                          auction for
                    Calendar year                        Climate Change
                                                           Workforce
                                                         Education Fund
------------------------------------------------------------------------
2012.................................................                 1
2013.................................................                 1
2014.................................................                 1
2015.................................................                 1
2016.................................................                 1
2017.................................................                 1
2018.................................................                 2
2019.................................................                 2
2020.................................................                 2
2021.................................................                 2
2022.................................................                 2
2023.................................................                 2
2024.................................................                 2
2025.................................................                 2
2026.................................................                 2
2027.................................................                 2
2028.................................................                 3
2029.................................................                 3
2030.................................................                 3
2031.................................................                 4
2032.................................................                 4
2033.................................................                 4
2034.................................................                 4
2035.................................................                 4
2036.................................................                 4
2037.................................................                 4
2038.................................................                 4
2039.................................................                 3
2040.................................................                 3
2041.................................................                 3
2042.................................................                 3
2043.................................................                 3
2044.................................................                 3
2045.................................................                 3
2046.................................................                 3
2047.................................................                 3
2048.................................................                 3
2049.................................................                 3
2050.................................................                 3.
------------------------------------------------------------------------

       (c) Deposits.--Immediately upon receipt of proceeds from 
     auctions conducted under subsection (b), the Administrator 
     shall deposit all of the proceeds into the Climate Change 
     Workforce Education Fund.
       (d) Use of Funds.--
       (1) Definition of climate change education.--In this 
     subsection, the term ``climate change education'' means 
     formal and informal learning at all levels about the relevant 
     relationships between dynamic environmental and human systems 
     exemplified by climate change.
       (2) Use of funds.--Subject to the availability of 
     appropriations, funds made available annually under this 
     section shall be allocated to relevant Federal agencies to 
     implement climate change education and related grantmaking 
     programs, with a priority on funding programs authorized by 
     Congress at the maximum authorization.
       Strike the table on page 458, following line 5, and insert 
     the following:


------------------------------------------------------------------------
                                                          Percentage for
                                                           auction for
                     Calendar year                           Deficit
                                                          Reduction Fund
------------------------------------------------------------------------
2012...................................................            4.75
2013...................................................            4.75
2014...................................................            4.75
2015...................................................            5.50
2016...................................................            5.75
2017...................................................            5.75
2018...................................................            5.25
2019...................................................            5
2020...................................................            6
2021...................................................            7.5
2022...................................................            6.75
2023...................................................            7.75
2024...................................................            8.75
2025...................................................            8.75
2026...................................................           10.75
2027...................................................           10.75
2028...................................................            9.75
2029...................................................           10.75
2030...................................................           10.75
2031...................................................           15.75
2032...................................................           13.75
2033...................................................           13.75
2034...................................................           12.75
2035...................................................           12.75
2036...................................................           12.75
2037...................................................           12.75
2038...................................................           12.75
2039...................................................           13.75
2040...................................................           13.75
2041...................................................           13.75
2042...................................................           13.75
2043...................................................           13.75
2044...................................................           13.75
2045...................................................           13.75
2046...................................................           13.75
2047...................................................           13.75
2048...................................................           13.75
2049...................................................           13.75
2050...................................................           13.75.
------------------------------------------------------------------------

                                 ______
                                 
  SA 4867. Mr. KERRY (for himself, Ms. Snowe, Mr. Inouye, Mr. Stevens, 
Mr. Lautenberg, Ms. Cantwell, Mr. Carper, Mr. Nelson of Florida, Mr. 
Rockefeller, Ms. Klobuchar, Mr. Durbin, and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 4825 proposed by Mrs. 
Boxer (for herself, Mr. Warner, and Mr. Lieberman) to the bill S. 3036, 
to direct the Administrator of the Environmental Protection Agency to 
establish a program to decrease emissions of

[[Page 11629]]

greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

                DIVISION      --CLIMATE CHANGE RESEARCH

     SEC. --000. TABLE OF CONTENTS

       The table of contents for this division is as follows:

Sec.  --000.  Table of contents.

              TITLE I--GLOBAL CHANGE RESEARCH IMPROVEMENT

                   SUBTITLE A--GLOBAL CHANGE RESEARCH

Sec. --111. Amendment of Global Change Research Act of 1990.
Sec. --112. Changes to findings and purpose.
Sec. --113. Changes in definitions.
Sec. --114. Change in committee name and structure.
Sec. --115. Change in National Global Change Research Plan.
Sec. --116. Integrated Program Office.
Sec. --117. Budget coordination.
Sec. --118. Research grants.
Sec. --119. Evaluation of information.
Sec. --120. Repeal of obsolete provision.
Sec. --121. Scientific communications.
Sec. --122. Aging workforce issues program.
Sec. --123. Authorization of appropriations.

                  SUBTITLE B--NATIONAL CLIMATE SERVICE

Sec. --131. Amendment of National Climate Program Act.
Sec. --132. Short title; table of contents.
Sec. --133. Purpose.
Sec. --134. Definitions.
Sec. --135. National Climate Service.
Sec. --136. Reauthorization.

                   SUBTITLE C--TECHNOLOGY ASSESSMENT

Sec. --141. National Science and Technology Assessment Service.

                 SUBTITLE D--CLIMATE CHANGE TECHNOLOGY

Sec. --151. NIST greenhouse gas functions.
Sec. --152. Development of new measurement technologies.
Sec. --153. Enhanced environmental measurements and standards.
Sec. --154. Technology development and diffusion.
Sec. --155. Authorization of appropriations.

                   SUBTITLE E--ABRUPT CLIMATE CHANGE

Sec. --161. Abrupt climate change research program.
Sec. --162. Purposes of program.
Sec. --163. Abrupt climate change defined.
Sec. --164. Authorization of appropriations.

                  TITLE II--CLIMATE CHANGE ADAPTATION

Sec. --201  Short title.
Sec. --202.  Amendment of National Climate Program Act.
Sec. --203.  Definitions.
Sec. --204.  National climate program elements.
Sec. --205.  National climate strategy.
Sec. --206.  Coastal and ocean adaptation grants.
Sec. --207.  Authorization of appropriations.

                     TITLE III--OCEAN ACIDIFICATION

Sec. --301. Short title; table of contents.
Sec. --302. Purposes.
Sec. --303. Interagency committee on ocean acidification.
Sec. --304. Strategic research and implementation plan.
Sec. --305. NOAA ocean acidification program.
Sec. --306. Definitions.
Sec. --307. Authorization of appropriations.

              TITLE I--GLOBAL CHANGE RESEARCH IMPROVEMENT

     SEC. --101. SHORT TITLE.

       This title may be cited as the ``Global Change Research 
     Improvement Act of 2008''.

                   SUBTITLE A--GLOBAL CHANGE RESEARCH

     SEC. --111. AMENDMENT OF GLOBAL CHANGE RESEARCH ACT OF 1990.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the Global Change Research Act of 1990 (15 
     U.S.C. 2921 et seq.).

     SEC. --112. CHANGES TO FINDINGS AND PURPOSE.

       Section 101 (15 U.S.C. 2931) is amended to read as follows:

     ``SEC. 101. PURPOSE.

       ``The purpose of this title is to provide for the 
     continuation and coordination of a comprehensive and 
     integrated United States observation, research, assessment, 
     and outreach program which will assist the Nation and the 
     world to better understand, assess, predict, mitigate, and 
     adapt to the effects of human-induced and natural processes 
     of global change.''.

     SEC. --113. CHANGES IN DEFINITIONS.

       (a) In General.--Section 2 (15 U.S.C. 2921) is amended--
       (1) by redesignating paragraphs (1) through (6) as 
     paragraphs (2) through (7), respectively;
       (2) by inserting before paragraph (2), as redesignated, the 
     following:
       ``(1) Climate change.--The term `climate change' means any 
     change in climate over time, whether due to natural 
     variability or as a result of human activity.'';
       (3) by striking ``Earth and Environmental Sciences'' in 
     paragraph (2), as redesignated and inserting ``Global Change 
     Research'';
       (4) by striking ``Federal Coordinating Council on Science, 
     Engineering, and Technology;'' in paragraph (3), as 
     redesignated, and inserting ``National Science and Technology 
     Council established by Executive Order 12881, November 23, 
     1993.'';
       (5) by striking paragraph (4), as redesignated, and 
     inserting the following:
       ``(4) Global change.--The term `global change' means human-
     induced or natural changes in the global environment 
     (including climate change and other phenomena affecting land 
     productivity, oceans and coastal areas, freshwater resources, 
     atmospheric chemistry, biodiversity, and ecological systems) 
     that may alter the capacity of Earth to sustain life.''; and
       (6) by striking ``National Global Change Research Plan'' in 
     paragraph (5) and inserting ``National Global Change Research 
     and Assessment Plan''.
       (b) Stylistic Conformity.--Section 2 (15 U.S.C. 2921) is 
     further amended--
       (1) by striking ``As used in this Act, the term--'' and 
     inserting ``In this Act:'';
       (2) by inserting after the designation of paragraphs (2), 
     (3), (5), (6), and (7), as redesignated--
       (A) a heading, in a form consistent with the form of the 
     heading of this subsection, consisting of the term defined by 
     such paragraph; and
       (B) ``The term''; and
       (3) by striking the semicolon at the end of paragraphs (2), 
     (3), and (5), as redesignated, and inserting a period; and
       (4) by striking ``thereof; and'' in paragraph (6), as 
     redesignated, and inserting ``thereof.''.

     SEC. --114. CHANGE IN COMMITTEE NAME AND STRUCTURE.

       Section 102 (15 U.S.C. 2932) is amended--
       (1) by striking ``EARTH AND ENVIRONMENTAL SCIENCES.'' in 
     the section heading and inserting ``GLOBAL CHANGE 
     RESEARCH.'';
       (2) by striking ``Earth and Environmental Sciences.'' in 
     subsection (a) and inserting ``Global Change Research.'';
       (3) by striking ``under section 401 of the National Science 
     and Technology Policy, Organization, and Priorities Act of 
     1976 (42 U.S.C. 6651)'' in subsection (a);
       (4) by redesignating paragraphs (14) and (15) of subsection 
     (b) as paragraphs (15) and (16), respectively, and inserting 
     after paragraph (13) the following:
       ``(14) the National Institute of Standards and Technology 
     of the Department of Commerce;'';
       (5) by striking the last sentence of subsection (b) and 
     inserting ``The representatives shall be the Deputy Secretary 
     or the Deputy Secretary's designee (or, in the case of an 
     agency other than a department, the deputy head of that 
     agency or the deputy's designee).'';
       (6) by striking subsection (d) and inserting the following:
       ``(d) Subcommittees and Working Groups.--The Committee may 
     establish such additional subcommittees and working groups to 
     carry out its work as it sees fit.''; and
       (7) by striking ``and'' after the semicolon in subsection 
     (e)(6); and
       (8) by redesignating paragraph (7) of subsection (e) as 
     paragraph (8) and inserting after paragraph (6) the 
     following:
       ``(7) work with appropriate Federal, State, regional, and 
     local authorities to ensure that the Program is designed to 
     produce information needed to develop policies to reduce the 
     impacts of global change; and''.

     SEC. --115. CHANGE IN NATIONAL GLOBAL CHANGE RESEARCH PLAN.

       Section 104 (15 U.S.C. 2934) is amended--
       (1) by striking the section heading and inserting the 
     following:

     ``SEC. 104. NATIONAL GLOBAL CHANGE RESEARCH AND ASSESSMENT 
                   PLAN.'' ;
       (2) by redesignating subsections (a) through (f) as 
     subsections (b) through (g), respectively, and inserting 
     before subsection (b), as redesignated, the following:
       ``(a) Strategic Plan; Revised Implementation Plan.--The 
     Chairman of the Council, through the Committee, shall develop 
     a strategic plan for the United States Global Climate Change 
     Research Program for the 10-year period beginning in 2009 and 
     submit the plan to the Congress within 1 year after the date 
     of enactment of the Global Change Research Improvement Act of 
     2008. The strategic plan shall include a detailed plan for 
     research, assessment, information management, public 
     participation, outreach, and budget and shall be updated at 
     least once every 5 years.'';
       (3) by inserting ``and Assessment'' after ``Research'' in 
     subsection (b), as redesignated;
       (4) by striking ``research.'' in subsection (b), as 
     redesignated, and inserting ``research and assessment.'';
       (5) by striking ``this title,'' in subsection (b), as 
     redesignated, and inserting ``the Global Change Research 
     Improvement Act of 2008,'';

[[Page 11630]]

       (6) by inserting ``short-term and long-term'' before 
     ``goals'' in paragraph (1) of subsection (c), as 
     redesignated;
       (7) by striking ``usable information on which to base 
     policy decisions related to'' in paragraph (1) of subsection 
     (c), as redesignated, and inserting ``information relevant 
     and readily usable by local, State, and Federal 
     decisionmakers, as well as other end-users, for the 
     formulation of effective decisions and strategies for 
     measuring, predicting, mitigating, and adapting to'';
       (8) by inserting ``development of regional scenarios, 
     assessment of model predictability, assessment of climate 
     change impacts,'' after ``predictive modeling,'' in paragraph 
     (2) of subsection (c), as redesignated;
       (9) by striking ``priorities;'' in paragraph (2) of 
     subsection (c), as redesignated, and inserting ``priorities 
     and propose measures to address gaps and growing needs for 
     these activities;''
       (10) by striking paragraphs (6) and (7) of subsection (c), 
     as redesignated, and inserting the following:
       ``(6) make recommendations for the coordination of the 
     global change research and assessment activities of the 
     United States with such activities of other Nations and 
     international organizations, including--
       ``(A) a description of the extent and nature of 
     international cooperative activities;
       ``(B) bilateral and multilateral efforts to provide 
     worldwide access to scientific data and information, and 
     proposals to improve such access and build capacity for its 
     use; and
       ``(C) improving participation by developing Nations in 
     international global change research and environmental data 
     collection;
       ``(7) detail budget requirements for Federal global change 
     research and assessment activities to be conducted under the 
     Plan;
       ``(8) include a process for identifying information needed 
     by appropriate Federal, State, regional, and local 
     decisionmakers to develop policies to plan for and address 
     projected impacts of global change;
       ``(9) identify and sustain the observing systems currently 
     employed in collecting data relevant to global and regional 
     climate change research and prioritize additional observation 
     systems that may be needed to ensure adequate data collection 
     and monitoring of global change;
       ``(10) identify existing capabilities and gaps in national, 
     regional, and local climate prediction and scenario-based 
     modeling capabilities for forecasting and projecting climate 
     impacts at local and regional levels, and propose measures to 
     address such gaps;
       ``(11) describe specific activities designed to facilitate 
     outreach and data and information exchange with regional, 
     State, and local governments and other user communities;
       ``(12) identify and describe ecosystems and geographic 
     regions of the United States that are likely to experience 
     similar impacts of global change or are likely to share 
     similar vulnerabilities to global change; and
       ``(13) include such additional matter as the Committee 
     deems appropriate.'';
       (11) by striking paragraphs (1) and (2) of subsection (d), 
     as redesignated, and inserting the following:
       ``(1) Global and regional research and measurements to 
     understand the nature of and interaction among physical, 
     chemical, biological, land use, and social processes 
     responsible for changes in the Earth system on all relevant 
     spatial and time scales.
       ``(2) Development of indicators, baseline databases, and 
     ongoing monitoring to document global change, including 
     changes in species distribution and behavior, changes in 
     oceanic and atmospheric chemistry, extent of ice sheets, 
     glaciers, and snow cover, shifts in water distribution and 
     abundance, and changes in sea level.'';
       (12) by adding at the end of subsection (d), as 
     redesignated, the following:
       ``(6) Address emerging priorities for climate change 
     science, such as ice sheet melt and movement, the 
     relationship between climate change and hurricane and typhoon 
     development, including intensity, track, and frequency, 
     decreasing water levels in the Great Lakes, and droughts in 
     the western and southeastern United States.
       ``(7) Methods for integrating information to provide 
     predictive and other tools for planning and decisionmaking by 
     governments, communities and the private sector.'';
       (13) by striking ``and'' in paragraph (2) of subsection 
     (e), as redesignated;
       (14) by striking paragraph (3) of subsection (e), as 
     redesignated, and inserting the following:
       ``(3) combine and interpret data from various sources to 
     produce information readily usable by local, State, and 
     Federal policymakers, and other end-users, attempting to 
     formulate effective decisions and strategies for mitigating 
     and adapting to the effects of global change; and'';
       (15) by adding at the end of subsection (e), as 
     redesignated, the following:
       ``(4) establish a common assessment and modeling framework 
     that may be used in both research and operations to project, 
     predict, and assess the vulnerability of natural and managed 
     ecosystems and of human society in the context of other 
     environmental and social changes.''; and
       (16) by striking subsection (f), as redesignated, and 
     inserting the following:
       ``(f) National Research Council Evaluation.--
       ``(1) Review of strategic plan.--The Chairman of the 
     Council shall enter into an agreement with the National 
     Research Council under which the National Research Council 
     shall--
       ``(A) evaluate the scientific content of the Plan;
       ``(B) provide information and advice obtained from United 
     States and international sources, and recommended priorities 
     for future global and regional climate research and 
     assessment; and
       ``(C) address such other studies on emerging priorities as 
     the Chairman determines to be warranted.
       ``(2) Additional national research council studies.--The 
     Chairman shall execute an agreement with the National 
     Research Council--
       ``(A) to examine existing research, potential risks 
     (including adverse impacts to the marine environment), and 
     the effectiveness of ocean iron fertilization or other 
     coastal and ocean carbon sequestration technologies; and
       ``(B) to identify domestic and international regulatory 
     mechanisms and regulatory gaps for controlling the deployment 
     of such technologies and provide recommendations for 
     addressing such regulatory gaps.''.

     SEC. --116. INTEGRATED PROGRAM OFFICE.

       Section 105 (15 U.S.C. 2935) is amended--
       (1) by redesignating subsections (a), (b), and (c) as 
     subsections (b), (c), and (d), respectively; and
       (2) by inserting before subsection (b), as redesignated, 
     the following:
       ``(a) Global Change Research Coordination Office.--
       ``(1) In general.--The President shall establish a Global 
     Change Research Coordination Office. The Office shall have a 
     director, who shall be a senior scientist or other qualified 
     professional with research expertise in climate change 
     science, as well as experience in policymaking, planning, or 
     resource management, and a fulltime staff. The Office shall--
       ``(A) manage, in conjunction with the Committee, 
     interagency coordination and program integration of global 
     change research activities and budget requests;
       ``(B) ensure that the activities and programs of each 
     Federal agency or department participating in the Program 
     address the goals and objectives identified in the strategic 
     research plan and interagency implementation plans;
       ``(C) ensure program and budget recommendations of the 
     Committee are communicated to the President and are 
     integrated into the strategic and implementation plans for 
     the Program;
       ``(D) review, solicit, identify, and arrange funding for 
     partnership projects that address critical research 
     objectives or operational goals of the Program, including 
     projects that would fill research gaps identified by the 
     Program, and for which project resources are shared among at 
     least 2 agencies participating in the Program;
       ``(E) review and provide recommendations, in conjunction 
     with the Committee, on all annual appropriations requests 
     from Federal agencies or departments participating in the 
     Program;
       ``(F) provide technical and administrative support to the 
     Committee;
       ``(G) serve as a point of contact on Federal climate change 
     activities for government organizations, academia, industry, 
     professional societies, State climate change programs, 
     interested citizen groups, and others to exchange technical 
     and programmatic information; and
       ``(H) conduct public outreach, including dissemination of 
     findings and recommendations of the Committee, as 
     appropriate.
       ``(2) Funding.--The Office may be funded through 
     interagency funding in accordance with section 631 of the 
     Treasury and General Government Appropriations Act, 2003 
     (Pub. L. 108-7; 117 Stat. 471).
       ``(3) Report.--Within 90 days after the date of enactment 
     of the Global Change Research Improvement Act of 2008, the 
     Director of the Office of Science and Technology Policy shall 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science and Technology on the funding of the Office. The 
     report shall include--
       ``(A) the amount of funding required to adequately fund the 
     Office; and
       ``(B) the adequacy of existing mechanisms to fund the 
     Office.''; and
       (3) by striking ``Committee.'' in paragraph (2) of 
     subsection (c), as redesignated, and inserting ``Committee 
     and the Global Change Research Coordination Office.''.

     SEC. --117. BUDGET COORDINATION.

       Section 105 (15 U.S.C. 2935), as amended by section --116 
     of this division, is further amended by striking subsection 
     (d), as redesignated, and inserting the following:
       ``(d) Consideration in President's Budget.--
       ``(1) In general.--Before each annual budget submitted to 
     the Congress under section 1105 of title 31, United States 
     Code, the President shall, in a timely fashion, provide an 
     opportunity to the Committee and the Global Change Research 
     Coordination Office

[[Page 11631]]

     to review and comment on the budget estimate of each agency 
     and department involved in global change research in the 
     context of the Plan. The Committee and the Global Change 
     Research Coordination Office shall transmit a report 
     containing the results of their reviews to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Science and Technology 
     no later than the date on which the President submits the 
     annual budget to the Congress under section 1105 of title 31, 
     United States Code.
       ``(2) Program items.--The President shall submit, at the 
     time of the annual budget request to Congress, an integrated 
     budget plan that would consolidate and highlight Program 
     priorities and include a description of those items in each 
     agency's annual budget which are elements of the Program.''.

     SEC. --118. RESEARCH GRANTS.

       Section 105 (15 U.S.C. 2935), as amended by sections --116 
     and --117 of this division, is further amended--
       (1) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively; and
       (2) by inserting after subsection (a) the following:
       ``(b) Research Grants.--
       ``(1) Committee to develop list of priority research 
     areas.--The Committee shall develop a list of priority areas 
     for research and development on climate change that are not 
     being adequately addressed by Federal agencies. In the list, 
     the Committee shall identify the appropriate agency to lead 
     the such areas of research funded under paragraph (3)(A).
       ``(2) Director of ostp to transmit list to nsf.--The 
     Director of the Office of Science and Technology Policy shall 
     transmit the list to the National Science Foundation.
       ``(3) Funding through nsf.--
       ``(A) Budget request.--The National Science Foundation 
     shall include, as part of the annual request for 
     appropriations for the Science and Technology Policy 
     Institute, a request for appropriations to fund research in 
     the priority areas on the list developed under paragraph (1).
       ``(B) Authorization.--For fiscal year 2009 and each fiscal 
     year thereafter, there are authorized to be appropriated to 
     the National Science Foundation not less than $30,000,000, to 
     be made available through the Science and Technology Policy 
     Institute, for research in those priority areas.''.

     SEC. --119. EVALUATION OF INFORMATION.

       Section 106 (15 U.S.C. 2936) is amended--
       (1) by striking ``SCIENTIFIC'' in the section heading;
       (2) by striking ``On a periodic basis (not less frequently 
     than every 4 years), the Council, through the Committee, 
     shall prepare and submit to the President and the Congress an 
     assessment'' and inserting ``On a periodic basis (not less 
     frequently than every 4 years), the President shall submit to 
     Congress a single, integrated, comprehensive assessment'';
       (3) by striking ``and'' after the semicolon in paragraph 
     (2); and
       (4) by striking ``years.'' in paragraph (3) and inserting 
     ``years; and''; and
       (5) by adding at the end the following:
       ``(4) evaluates the information being developed under this 
     title, considering in particular its usefulness to local, 
     State, and national decision makers, as well as to other 
     stakeholders such as the private sector, after providing a 
     meaningful opportunity for the consideration of the views of 
     such stakeholders on the effectiveness of the Program and the 
     usefulness of the information.''.

     SEC. --120. REPEAL OF OBSOLETE PROVISION.

       Section 108(c) (15 U.S.C. 2938(c)) is amended by striking 
     ``stratospheric ozone depletion or''.

     SEC. --121. SCIENTIFIC COMMUNICATIONS.

       The President shall establish guidelines and implement a 
     plan that requires the National Oceanic and Atmospheric 
     Administration, the National Aeronautics and Space 
     Administration, the Environmental Protection Agency, the 
     National Science Foundation, and other Federal agencies with 
     scientific research programs to adopt policies that ensure 
     the integrity of scientific communications. Such policies 
     shall include provisions regarding the approval of final text 
     and communications, and enable scientists to disseminate 
     research results and freely communicate with the Congress, 
     the media, and colleagues in a timely fashion.

     SEC. --122. AGING WORKFORCE ISSUES PROGRAM.

       The Administrator of the National Oceanic and Atmospheric 
     Administration shall implement a program to address aging 
     work force issues in climate science, global change, and 
     other focuses of NOAA research that--
       (1) documents technical and management experiences before 
     senior employees leave the Administration, including--
       (A) documenting lessons learned;
       (B) briefing organizations;
       (C) providing opportunities for archiving lessons in a 
     database; and
       (D) providing opportunities for near-term retirees to 
     transition out early from their primary assignment in order 
     to document their career lessons learned and brief new 
     employees prior to their separation from the Administration;
       (2) provides incentives for retirees to return and teach 
     new employees about their career lessons and experiences; and
       (3) provides for the development of an award to recognize 
     and reward outstanding senior employees for their 
     contributions to knowledge sharing.

     SEC. --123. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated for the purpose of 
     carrying out this title such sums as may be necessary for 
     fiscal years 2009 through 2013. Of the amounts appropriated 
     for that fiscal year period--
       (1) $4,000,000 shall be made available to the Global Change 
     Research Coordination Office through the Office of Science 
     and Technology Policy for each of such fiscal years; and
       (2) such sums as may be necessary shall be made available 
     to--
       (A) the National Oceanic and Atmospheric Administration for 
     each of such fiscal years;
       (B) the National Science Foundation for each of such fiscal 
     years;
       (C) the National Aeronautics and Space Administration for 
     each of such fiscal years; and
       (D) other Federal agencies participating in the Program, to 
     the extent funds remain available after the application of 
     paragraph (1) and subparagraphs (A), (B), and (C) of this 
     paragraph, for each of such fiscal years.

                  SUBTITLE B--NATIONAL CLIMATE SERVICE

     SEC. --131. AMENDMENT OF NATIONAL CLIMATE PROGRAM ACT.

       Except as otherwise expressly provided, whenever in this 
     subtitle an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Climate Program Act (15 
     U.S.C. 2901 et seq.).

     SEC. --132. SHORT TITLE; TABLE OF CONTENTS.

       Section 1 of the Act (15 U.S.C. 2901 note) is amended to 
     read as follows:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--This Act may be cited as the `National 
     Climate Service Act of 2008'.
       ``(b) Table of Contents.--The table of contents for this 
     Act is as follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Purpose.
``Sec. 3. Definitions.
``Sec. 4. National Climate Program.
``Sec. 5. National Climate Service.
``Sec. 6. Contract and grant authority.
``Sec. 7. Annual report.
``Sec. 8. National strategic plan for climate change adaptation.
``Sec. 9. Ocean and coastal vulnerability and adaptation.
``Sec. 10. Authorization of appropriations.

     SEC. --133. PURPOSE.

       Section 3 (15 U.S.C. 2902) is amended by striking ``man-
     induced climate processes and their implications.'' and 
     inserting ``human-induced climate processes and their 
     implications and to establish a National Climate Service that 
     will advance the national interest and associated 
     international concerns in understanding, forecasting, 
     responding, adapting to, and mitigating the impacts of 
     natural and human-induced climate change and climate 
     variability.''.

     SEC. --134. DEFINITIONS.

       Section 4 (15 U.S.C. 2903), as amended by section --103 of 
     this division, is amended to read as follows:

     ``SEC. 4. DEFINITIONS.

       ``In this Act:
       ``(1) Administrator.--The term `Administrator' means the 
     Administrator of the National Oceanic and Atmospheric 
     Administration.
       ``(2) Advisory Council.--The term `Advisory Council' refers 
     to the Climate Services Advisory Council.
       ``(3) Climate change.--The term `climate change' means any 
     change in climate over time, whether due to natural 
     variability or as a result of human activity.
       ``(4) Coastal state.--The term `coastal state' has the 
     meaning given that term by section 304(4) of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453(4)).
       ``(5) Director.--The term `Director' means the Director of 
     the National Oceanic and Atmospheric Administration's 
     National Climate Service.
       ``(6) Global change research program.--The term `Global 
     Change Research Program' means the United States Global 
     Change Research Program established under section 103 of the 
     Global Change Research Act of 1990 (15 U.S.C. 2933).
       ``(7) Program.--The term `Program' means the National 
     Climate Program.
       ``(8) Secretary.--The term `Secretary' means the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration.
       ``(9) Service.--The term `Service' means the National 
     Oceanic and Atmospheric Administration's National Climate 
     Service.''.

     SEC. --135. NATIONAL CLIMATE SERVICE.

       The Act is amended by striking sections 7 and 8 (15 U.S.C. 
     2906 and 2907, respectively) and inserting after section 5 
     the following:

     ``SEC. 6. NATIONAL CLIMATE SERVICE.

       ``(a) Establishment.--

[[Page 11632]]

       ``(1) In general.--The Secretary shall establish within the 
     National Oceanic and Atmospheric Administration a National 
     Climate Service not later than a year after the date of the 
     enactment of the Global Change Research Improvement Act of 
     2008. The Service shall include a national center and a 
     network of regional and local facilities for operational 
     climate monitoring and prediction.
       ``(2) Duties.--The Service shall produce and deliver 
     authoritative, timely and usable information about climate 
     change, climate variability, trends, and impacts on local, 
     State, regional, national, and global scales.
       ``(3) Specific services.--The Service, at a minimum, 
     shall--
       ``(A) provide comprehensive and authoritative information 
     about the state of the climate and its effects, through 
     observations, monitoring, data, information, and products 
     that accurately reflect climate trends and conditions;
       ``(B) provide predictions and projections on the future 
     state of the climate in support of adaptation, preparedness, 
     attribution, and mitigation;
       ``(C) utilize appropriate research from the United States 
     Global Change Research Program activities and conduct focused 
     research, as needed, to enhance understanding, information 
     and predictions of the current and future state of the 
     climate and its impacts that is relevant to policy, planning, 
     and decision making;
       ``(D) utilize assessments from the Global Change Research 
     Program activities and conduct focused assessments as needed 
     to enhance understanding of the impacts of climate change and 
     climate variability;
       ``(E) assess and strengthen delivery mechanisms for 
     providing climate information to end users;
       ``(F) communicate climate data, conditions, predictions, 
     projections, indicators, and risks on an ongoing basis to 
     decisionmakers and policymakers, the private sector, and to 
     the public;
       ``(G) coordinate and collaborate on climate change, climate 
     variability, and impacts activities with municipal, state, 
     regional, national and international agencies and 
     organizations, as appropriate;
       ``(H) support the Department of State and international 
     agencies and organizations, as well as domestic agencies and 
     organizations, involved in assessing and responding to 
     climate change and climate variability;
       ``(I) establish an atmospheric monitoring and verification 
     program utilizing aircraft, satellite, ground sensors, ocean 
     and coastal observing systems, and modeling capabilities to 
     monitor, measure, and verify greenhouse gas levels, dates, 
     and emissions throughout the global oceans and atmosphere; 
     and
       ``(J) issue an annual report that identifies greenhouse 
     emission and trends on a local, regional, and national level 
     and identifies emissions or reductions attributable to 
     individual or multiple sources covered by the program 
     established under subparagraph (I).
       ``(b) Action Plan.--Within 1 year after the date of 
     enactment of the Global Change Research Improvement Act of 
     2008, the Secretary shall submit to the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science and Technology a plan of 
     action for the National Climate Service. The plan, at a 
     minimum, shall--
       ``(1) provide for the interpretation and communication of 
     climate data, conditions, predictions, projections, and risks 
     on an on-going basis to decision and policy makers at the 
     local, regional, and national levels;
       ``(2) design, deploy, and operate an adequate national 
     climate observing system that closes gaps in existing 
     coverage;
       ``(3) support infrastructure and ability to archive and 
     quality ensure climate data, and make federally-funded model 
     simulations and other relevant climate information available 
     from the Global Change Research Program activities and other 
     sources (and related data from paleoclimate studies).
       ``(4) include a program for long-term stewardship, quality 
     control, development of relevant climate products, and 
     efficient access to all relevant climate data, products, and 
     model simulations;
       ``(5) establish--
       ``(A) a national coordinated computing strategy, including 
     establishing a new, or supplementing support for existing, 
     national climate computing capability to provide dedicated 
     computing capacity for modeling and forecasting, scenarios, 
     and planning resources, and a regular schedule of projections 
     on long- and short-term time horizons over a range of scales, 
     including regional scales; and
       ``(B) a mechanism to allow access to such capacity by the 
     National Oceanic and Atmospheric Administration, the National 
     Aeronautics and Space Administration, and National Science 
     Foundation sponsored researchers;
       ``(6) improve integrated modeling, assessment, and 
     predictive capabilities needed to document and predict 
     climate changes and impacts, and to guide national, regional, 
     and local planning and decision making;
       ``(7) provide a system of regular consultation and 
     coordination with Federal agencies, States, Indian tribes, 
     non-governmental organizations, the private sector and the 
     academic community to ensure--
       ``(A) that the information requirements of these groups are 
     well incorporated; and
       ``(B) timely and full sharing, dissemination and use of 
     climate information and services in risk preparedness, 
     planning, decision making, and early warning and natural 
     resources management, both domestically and internationally;
       ``(8) develop standards, evaluation criteria and 
     performance objectives to ensure that the Service meets the 
     evolving information needs of the public, policy makers and 
     decision makers in the face of a changing climate;
       ``(9) develop funding estimates to implement the plan; and
       ``(10) support competitive research programs that will 
     improve elements of the Service described in this Act through 
     the Climate Program Office within the Service headquarter 
     function.
       ``(c) Coordination With the USGCRP.--The Service shall 
     utilize appropriate research from Global Change Research 
     Program activities to enhance understanding, information and 
     predictions of the current and future state of the climate 
     and its impacts that is relevant to policy and decisions. The 
     Service shall provide appropriate information about the 
     current and future state of the climate and its impacts that 
     are useful for research purposes to relevant Global Change 
     Research Program activities. The Director of the Service will 
     serve as a liaison to the Global Change Research Program and 
     a member of the Global Change Research Program should serve 
     on the Advisory Council.
       ``(d) Director.--The Administrator shall appoint a director 
     of the Service, who shall oversee all processes associated 
     with managing the organization and executing the functions 
     and actions described in this Act. The Director will serve as 
     a liaison to the Global Change Research Program to ensure the 
     transition of research into services and to provide services 
     to meet the needs of research.
       ``(e) National Climate Service Advisory Council.--The 
     Administrator shall, in consultation with the chairmen and 
     ranking minority party members of the Senate Committee on 
     Commerce, Science, and Transportation and the House of 
     Representatives Committee on Science and Technology, and the 
     National Academy of Sciences, appoint the membership of a 
     National Climate Service Advisory Council composed of 15 
     members, with members serving 4-year terms and include a 
     diverse membership from appropriate Federal, State and local 
     government, universities, non-government and private sectors 
     who use climate information and cover a range of sectors, 
     such as water, drought, fisheries, coasts, agriculture, 
     health, natural resources, transportation, and insurance. The 
     Council shall advise the Director of the Service of key 
     priorities in climate-related issues that require the 
     attention of the Service. The Council shall be responsible 
     for ensuring coordination across regional and national 
     concerns and the assessment of evolving information needs.

     ``SEC. 7. CONTRACT AND GRANT AUTHORITY.

       ``Functions vested in any Federal officer or agency by this 
     Act or under the Program may be exercised through the 
     facilities and personnel of the agency involved or, to the 
     extent provided or approved in advance in appropriation Acts, 
     by other persons or entities under contracts or grant 
     arrangements entered into by such officer or agency.

     ``SEC. 8. ANNUAL REPORT.

       ``The Secretary shall prepare and submit to the President 
     and the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Science and Technology, as part of the annual report to meet 
     the requirements of section 102(e)(7) of the Global Change 
     Research Act of 1990 (15 U.S.C. 2932(e)(8)), a report on the 
     activities conducted pursuant to this Act during the 
     preceding fiscal year, including--
       ``(1) a summary of the achievements of the National Climate 
     Service during the previous fiscal year; and
       ``(2) an analysis of the progress made toward achieving the 
     goals and objectives of the Service.''.

     SEC. --136. REAUTHORIZATION.

       Subsection (a) of section 11 (15 U.S.C. 2908), as 
     redesignated and amended by section --105 and --107 of this 
     division, respectively, is amended to read as follows:
       ``(a) National Climate Service.--There are authorized to be 
     appropriated to the Secretary to carry out sections 6, 7, and 
     8 of this Act--
       ``(1) $300,000,000 for fiscal year 2009;
       ``(2) $350,000,000 for fiscal year 2010;
       ``(3) $400,000,000 for fiscal year 2011;
       ``(4) $450,000,000 for fiscal year 2012; and
       ``(5) $500,000,000 for fiscal year 2013.''.

                   SUBTITLE C--TECHNOLOGY ASSESSMENT

     SEC. --141. NATIONAL SCIENCE AND TECHNOLOGY ASSESSMENT 
                   SERVICE.

       The National Science and Technology Policy, Organization, 
     and Priorities Act of 1976 (42 U.S.C. 6601 et seq.) is 
     amended by adding at the end the following:

    ``TITLE VII--NATIONAL SCIENCE AND TECHNOLOGY ASSESSMENT SERVICE

     ``SEC. 701. ESTABLISHMENT.

       ``There is hereby created a Science and Technology 
     Assessment Service which shall

[[Page 11633]]

     be within and responsible to the legislative branch of the 
     Government.

     ``SEC. 702. COMPOSITION.

       ``The Service shall consist of a Science and Technology 
     Board which shall formulate and promulgate the policies of 
     the Service, and a Director who shall carry out such policies 
     and administer the operations of the Service.

     ``SEC. 703. FUNCTIONS AND DUTIES.

       ``The Service shall coordinate and develop information for 
     Congress relating to the uses and application of technology 
     to address current national science and technology policy 
     issues. In developing such technical assessments for 
     Congress, the Service shall utilize, to the extent 
     practicable, experts selected in coordination with the 
     National Research Council.

     ``SEC. 704. INITIATION OF ACTIVITIES.

       ``Science and technology assessment activities undertaken 
     by the Service may be initiated upon the request of--
       ``(1) the Chairman of any standing, special, or select 
     committee of either House of the Congress, or of any joint 
     committee of the Congress, acting for himself or at the 
     request of the ranking minority member or a majority of the 
     committee members;
       ``(2) the Board; or
       ``(3) the Director.

     ``SEC. 705. ADMINISTRATION AND SUPPORT.

       ``The Director of the Science and Technology Assessment 
     Service shall be appointed by the Board and shall serve for a 
     term of 6 years unless sooner removed by the Board. The 
     Director shall receive basic pay at the rate provided for 
     level III of the Executive Schedule under section 5314 of 
     title 5, United States Code. The Director shall contract for 
     administrative support from the Library of Congress.

     ``SEC. 706. AUTHORITY.

       ``The Service shall have the authority, within the limits 
     of available appropriations, to do all things necessary to 
     carry out the provisions of this section, including, but 
     without being limited to, the authority to--
       ``(1) make full use of competent personnel and 
     organizations outside the Office, public or private, and form 
     special ad hoc task forces or make other arrangements when 
     appropriate;
       ``(2) enter into contracts or other arrangements as may be 
     necessary for the conduct of the work of the Office with any 
     agency or instrumentality of the United States, with any 
     State, territory, or possession or any political subdivision 
     thereof, or with any person, firm, association, corporation, 
     or educational institution, with or without reimbursement, 
     without performance or other bonds, and without regard to 
     section 3709 of the Revised Statutes (41 U.S.C. 51);
       ``(3) accept and utilize the services of voluntary and 
     uncompensated personnel necessary for the conduct of the work 
     of the Service and provide transportation and subsistence as 
     authorized by section 5703 of title 5, United States Code, 
     for persons serving without compensation; and
       ``(4) prescribe such rules and regulations as it deems 
     necessary governing the operation and organization of the 
     Service.

     ``SEC. 707. BOARD.

       ``The Board shall consist of 13 members as follows--
       ``(1) 6 Members of the Senate, appointed by the President 
     pro tempore of the Senate, 3 from the majority party and 3 
     from the minority party;
       ``(2) 6 Members of the House of Representatives appointed 
     by the Speaker of the House of Representatives, 3 from the 
     majority party and 3 from the minority party; and
       ``(3) the Director, who shall not be a voting member.

     ``SEC. 708. REPORT TO CONGRESS.

       ``The Service shall submit to the Congress an annual report 
     which shall include, but not be limited to, an evaluation of 
     technology assessment techniques and identification, insofar 
     as may be feasible, of technological areas and programs 
     requiring future analysis. The annual report shall be 
     submitted not later than March 15 of each year.

     ``SEC. 709. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to the Service 
     such sums as are necessary to fulfill the requirements of 
     this title.''.

                 SUBTITLE D--CLIMATE CHANGE TECHNOLOGY

     SEC. --151. NIST GREENHOUSE GAS FUNCTIONS.

       Section 2(c) of the National Institute of Standards and 
     Technology Act (15 U.S.C. 272(c)) is amended--
       (1) by striking ``and'' after the semicolon in paragraph 
     (21);
       (2) by redesignating paragraph (22) as paragraph (23); and
       (3) by inserting after paragraph (21) the following:
       ``(22) perform research to develop enhanced measurements, 
     calibrations, standards, and technologies which will enable 
     the reduced production in the United States of greenhouse 
     gases associated with global warming, including carbon 
     dioxide, methane, nitrous oxide, ozone, perfluorocarbons, 
     hydrofluorocarbons, and sulfur hexafluoride; and''.

     SEC. --152. DEVELOPMENT OF NEW MEASUREMENT TECHNOLOGIES.

       The Secretary of Commerce shall initiate a program to 
     develop, with technical assistance from appropriate Federal 
     agencies, innovative standards and measurement technologies 
     (including technologies to measure carbon changes due to 
     changes in land use cover) to calculate--
       (1) greenhouse gas emissions and reductions from 
     sequestration, agriculture, forestry, and other land use 
     practices;
       (2) noncarbon dioxide greenhouse gas emissions from 
     transportation;
       (3) greenhouse gas emissions from facilities or sources 
     using remote sensing technology; and
       (4) any other greenhouse gas emission or reductions for 
     which no accurate or reliable measurement technology exists.

     SEC. --153. ENHANCED ENVIRONMENTAL MEASUREMENTS AND 
                   STANDARDS.

       The National Institute of Standards and Technology Act (15 
     U.S.C. 271 et seq.) is amended--
       (1) by redesignating sections 17 through 32 as sections 18 
     through 33, respectively; and
       (2) by inserting after section 16 the following:

     ``SEC. 17. CLIMATE CHANGE STANDARDS AND PROCESSES.

       ``(a) In General.--The Director shall establish within the 
     Institute a program to perform and support research on global 
     climate change standards and processes, with the goal of 
     providing scientific and technical knowledge applicable to 
     the reduction of greenhouse gases.
       ``(b) Research Program.--
       ``(1) In general.--The Director is authorized to conduct, 
     directly or through contracts or grants, a global climate 
     change standards and processes research program.
       ``(2) Research projects.--The specific contents and 
     priorities of the research program shall be determined in 
     consultation with appropriate Federal agencies, including the 
     Environmental Protection Agency, the National Oceanic and 
     Atmospheric Administration, and the National Aeronautics and 
     Space Administration. The program generally shall include 
     basic and applied research--
       ``(A) to develop and provide the enhanced measurements, 
     calibrations, data, models, and reference material standards 
     which will enable the monitoring of greenhouse gases;
       ``(B) to develop and provide standards, measurements, and 
     innovative technologies for reducing greenhouse gas emissions 
     in existing industries;
       ``(C) to develop and provide standards, measurements, 
     measurement tools, and calibrations that will enhance and 
     promote remote sensing technologies;
       ``(D) to assist in establishing a baseline reference point 
     for future trading in greenhouse gases and the measurement of 
     progress in emissions reduction;
       ``(E) to develop and provide standards, measurements, 
     measurement tools, calibrations, data, models, and other 
     innovative technologies to support the validation and 
     accreditation of a greenhouse gas trading industry;
       ``(F) to assist in developing improved industrial processes 
     designed to reduce or eliminate greenhouse gases, including 
     the development of measurement tools and standards to 
     validate and accredit a carbon offset industry; and
       ``(G) that will be exchanged internationally as scientific 
     or technical information which has the stated purpose of 
     developing mutually recognized measurements, standards, and 
     procedures for reducing greenhouse gases.
       ``(c) National Measurement Laboratories.--
       ``(1) In general.--In carrying out this section, the 
     Director shall utilize the collective skills of the National 
     Measurement Laboratories of the National Institute of 
     Standards and Technology to improve the accuracy of 
     measurements that will permit better understanding and 
     control of these industrial chemical processes and result in 
     the reduction or elimination of greenhouse gases.
       ``(2) Material, process, and building research.--The 
     National Measurement Laboratories shall conduct research 
     under this subsection that includes--
       ``(A) developing material and manufacturing processes which 
     are designed for energy efficiency and reduced greenhouse gas 
     emissions into the environment;
       ``(B) developing environmentally-friendly, `green' chemical 
     processes to be used by industry; and
       ``(C) enhancing building performance with a focus in 
     developing standards or tools which will help incorporate 
     low- or no-emission technologies into building designs.
       ``(3) Standards and tools.--The National Measurement 
     Laboratories shall develop standards and tools under this 
     subsection that include software to assist designers in 
     selecting alternate building materials, performance data on 
     materials, artificial intelligence-aided design procedures 
     for building subsystems and `smart buildings', and improved 
     test methods and rating procedures for evaluating the energy 
     performance of residential and commercial appliances and 
     products.
       ``(d) National Voluntary Laboratory Accreditation 
     Program.--The Director shall utilize the National Voluntary 
     Laboratory Accreditation Program under this section to 
     establish a program to include specific calibration or test 
     standards and related methods and protocols assembled to 
     satisfy the

[[Page 11634]]

     unique needs for accreditation in measuring the production of 
     greenhouse gases. In carrying out this subsection the 
     Director may cooperate with other departments and agencies of 
     the Federal Government, State and local governments, and 
     private organizations.''.

     SEC. --154. TECHNOLOGY DEVELOPMENT AND DIFFUSION.

       The Director of the National Institute of Standards and 
     Technology, through the Manufacturing Extension Partnership 
     Program, may develop a program to support the implementation 
     of new ``green'' manufacturing technologies and techniques by 
     the more than 380,000 small business manufacturers.

     SEC. --155. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Director of 
     the National Institute of Standards and Technology to carry 
     out this title and section 17 of the National Institute of 
     Standards and Technology Act, as added by section --153 of 
     this title, $15,000,000 for each of fiscal years 2009 through 
     2013.

                   SUBTITLE E--ABRUPT CLIMATE CHANGE

     SEC. --161. ABRUPT CLIMATE CHANGE RESEARCH PROGRAM.

       The Secretary of Commerce shall establish within the Office 
     of Oceanic and Atmospheric Research of the National Oceanic 
     and Atmospheric Administration, and shall carry out, a 
     program of scientific research on abrupt climate change.

     SEC. --162. PURPOSES OF PROGRAM.

       The purposes of the program are--
       (1) to develop a global array of terrestrial and 
     oceanographic indicators of paleoclimate in order to 
     sufficiently identify and describe past instances of abrupt 
     climate change;
       (2) to improve understanding of thresholds and 
     nonlinearities in geophysical systems related to the 
     mechanisms of abrupt climate change;
       (3) to incorporate such mechanisms into advanced 
     geophysical models of climate change; and
       (4) to test the output of such models against an improved 
     global array of records of past abrupt climate changes.

     SEC. --163. ABRUPT CLIMATE CHANGE DEFINED.

       In this title, the term ``abrupt climate change'' means a 
     change in the climate that occurs so rapidly or unexpectedly 
     that human or natural systems have difficulty adapting to the 
     climate as changed.

     SEC. --164. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of Commerce for each of fiscal years 2009 through 2013, to 
     remain available until expended, such sums as are necessary, 
     not to exceed $10,000,000, to carry out the research program 
     required by section --161 of this title.

                  TITLE II--CLIMATE CHANGE ADAPTATION

     SEC. --201. SHORT TITLE.

       This title may be cited as the ``Climate Change Adaptation 
     Act''.

     SEC. --202. AMENDMENT OF NATIONAL CLIMATE PROGRAM ACT.

       Except as otherwise expressly provided, whenever in this 
     title an amendment or repeal is expressed in terms of an 
     amendment to, or repeal of, a section or other provision, the 
     reference shall be considered to be made to a section or 
     other provision of the National Climate Program Act (15 
     U.S.C. 2901 et seq.).

     SEC. --203. DEFINITIONS.

       Section 4 (15 U.S.C. 2903) is amended--
       (1) by redesignating paragraphs (2), (3), and (4) as 
     paragraphs (3), (4), and (5), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Coastal state.--The term `coastal state' has the 
     meaning given that term by section 304((4) of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1453(4)).''.

     SEC. --204. NATIONAL CLIMATE PROGRAM ELEMENTS.

       Section 5 (15 U.S.C. 2904) is amended to read as follows:

     ``SEC. 5. NATIONAL CLIMATE PROGRAM.

       ``(a) Establishment.--There is hereby established a 
     National Climate Program.
       ``(b) Program Elements.--
       ``(1) In general.--The Program shall include--
       ``(1) a strategic planning process to address the impacts 
     of climate change within the United States; and
       ``(2) a National Climate Service to be established within 
     the National Oceanic and Atmospheric Administration.
       ``(c) Duties.--The President shall--
       ``(1) develop the 5-year plans described in section 9;
       ``(2) define the roles in the Program of Federal officers, 
     departments, and agencies, including the Departments of 
     Agriculture, Commerce, Defense, Energy, Interior, State, and 
     Transportation, the Environmental Protection Agency, the 
     National Aeronautics and Space Administration, the Council on 
     Environmental Quality, the National Science Foundation, and 
     the Office of Science and Technology Policy; and
       ``(3) provide for Program coordination.''.

     SEC. --205. NATIONAL CLIMATE STRATEGY.

       The Act is amended--
       (1) by redesignating section 9 as section 11; and
       (2) by inserting after section 8 the following:

     ``SEC. 9. NATIONAL STRATEGIC PLAN FOR CLIMATE CHANGE 
                   ADAPTATION.

       ``(a) In General.--Not later than 2 years after the date of 
     enactment of the Climate Change Adaptation Act, the President 
     shall provide to the Congress a 5-year national strategic 
     plan to address the impacts of climate change within the 
     United States. The President shall provide a mechanism for 
     consulting with States and local governments, the private 
     sector, universities, and other nongovernmental entities in 
     developing the plan. The plan shall be updated at least every 
     5 years.
       ``(b) Contents of Plan.--The plan shall, at a minimum--
       ``(1) identify existing Federal requirements, protocols, 
     and capabilities for addressing climate change impacts on 
     federally managed resources and with respect to Federal 
     actions and policies;
       ``(2) identify measures to improve such capabilities and 
     the utilization of such capabilities;
       ``(3) include guidance for integrating the consideration of 
     the impacts of climate change on Federally-managed resources, 
     and in Federal actions and policies, consistent with existing 
     authorities;
       ``(4) address vulnerabilities and priorities identified 
     through the assessments carried out under the Global Change 
     Research Act of 1990 and this Act;
       ``(5) establish a mechanism for the exchange of information 
     related to addressing the impacts of climate change with, and 
     provide technical assistance to, State and local governments 
     and nongovernmental entities;
       ``(6) recommend specific partnerships with State and local 
     governments and nongovernmental entities to support and 
     coordinate implementation of the plan;
       ``(7) include implementation and funding strategies for 
     short-term and long-term actions that may be taken at the 
     national, regional, State, and local level, taking into 
     account existing planning and other requirements;
       ``(8) establish a process to develop more detailed agency 
     and department-specific plans;
       ``(9) identify opportunities to utilize observations from 
     both ground-based and remote sensing platforms and other 
     geospatial technologies to improve planning for adaptation to 
     climate change impacts;
       ``(10) identify existing legal authorities and additional 
     authorities necessary to implement the plan;
       ``(11) identify existing high resolution elevation data and 
     bathymetric data and develop a prioritized plan for filling 
     existing gaps; and
       ``(12) include appropriate steps for partnerships with 
     international organizations and foreign governments on 
     international activities to address climate change impacts, 
     including the sharing of technical assistance and capacity-
     building expertise..
       ``(c) Interim activities.--Nothing in this section shall be 
     construed to prevent any Federal agency or department from 
     taking climate change impacts into account, consistent with 
     its existing authorities, before the requirements of this 
     section are implemented. Federal agencies are encouraged to 
     take climate change into account under all existing relevant 
     authorities to the maximum extent practicable and consistent 
     with those authorities.
       ``(d) Coordination.--The President shall ensure that the 
     mechanism to provide information related to addressing the 
     impacts of climate change to State and local governments and 
     nongovernmental entities is appropriately coordinated or 
     integrated with existing programs that provide similar 
     information on climate change predictions.
       ``(e) Relationship to Other Authorities.--Nothing in this 
     section supersedes any Federal authority in effect on the 
     date of enactment of the Climate Change Adaptation Act or 
     creates any new legal right of action.

     ``SEC. 10. OCEAN AND COASTAL VULNERABILITY AND ADAPTATION.

       ``(a) Coastal and Ocean Vulnerability.--
       ``(1) In general.--Within 2 years after the date of 
     enactment of the Climate Change Adaptation Act, the Secretary 
     shall, in consultation with the appropriate Federal, State, 
     and local governmental entities, coordinate and support 
     regional assessments of the vulnerability of coastal and 
     ocean areas and resources, including living marine resources, 
     to hazards associated with climate change, and ocean 
     acidification including--
       ``(A) variations in sea level including long-term sea level 
     rise;
       ``(B) fluctuation of Great Lakes water levels;
       ``(C) increases in severe weather events;
       ``(D) natural hazards and events including storm surge, 
     precipitation, flooding, inundation, drought, and fires;
       ``(E) changes in sea ice;
       ``(F) changes in ocean currents impacting global heat 
     transfer;
       ``(G) increased siltation due to coastal erosion;
       ``(H) shifts in the hydrological cycle; and
       ``(I) alteration of ecological communities, including at 
     the ecosystem or watershed levels.
       ``(2) Factors.--In preparing the regional coastal 
     assessments, the Secretary shall

[[Page 11635]]

     take into account the information and assessments being 
     developed pursuant to the Global Change Research Program. The 
     regional assessments shall include an evaluation of--
       ``(A) observed and projected physical, biological, and 
     ecological impacts, such as coastal erosion, flooding and 
     loss of estuarine habitat, saltwater intrusion of aquifers 
     and saltwater encroachment, coral reef bleaching, impacts on 
     food web distribution, impacts on marine habitat and 
     ecosystem productivity, species migration, species abundance 
     and distribution, and changes in marine pathogens and 
     diseases;
       ``(B) social and cultural impacts associated with threats 
     to and potential losses of housing, communities, recreational 
     opportunities, aesthetic values, and infrastructure; and
       ``(C) economic impacts on local, State, and regional 
     economies, including the impact on abundance or distribution 
     of economically important living marine resources.
       ``(3) Updates.--The Secretary shall update such assessments 
     at least once every 5 years.
       ``(b) Coastal and Ocean Adaptation Plan.--The Secretary 
     shall, within 3 years after the date of enactment of the 
     Climate Change Adaptation Act, submit to the Congress an 
     agency-specific plan under section 9(b). The plan shall 
     include a national coastal and ocean adaptation plan, 
     composed of individual regional adaptation plans that 
     recommend targets and strategies to address coastal and ocean 
     impacts associated with climate change, ocean acidification, 
     and sea level rise. The plan shall be developed with the 
     participation of other Federal, State, and local government 
     agencies that will be critical in the implementation of the 
     plan at the State and local levels and shall take into 
     account the results of the regional assessments to be 
     conducted under subsection (a), the work of the Global Change 
     Research Program, and recommendations of the National Science 
     Board in its January 12, 2007, report entitled Hurricane 
     Warning: The Critical Need for a National Hurricane Research 
     Initiative and other relevant studies, and not duplicate 
     existing Federal and State hazard planning requirements. The 
     Plan shall include both short- and long-term adaptation 
     strategies and shall include, at a minimum, recommendations 
     regarding--
       ``(1) Federal flood insurance program modifications;
       ``(2) areas that have been identified as high risk through 
     mapping and assessment;
       ``(3) mitigation incentives such as rolling easements, 
     strategic retreat, State or Federal acquisition in fee simple 
     or other interest in land, construction standards, 
     infrastructure planning, and zoning;
       ``(4) land and property owner education;
       ``(5) economic planning for small communities dependent 
     upon affected coastal and ocean resources, including 
     fisheries;
       ``(6) coastal hazards protocols to reduce the risk of 
     damage to lives and property, and reduce threats to public 
     health and a process for evaluating the implementation of 
     such protocols;
       ``(7) strategies to address impacts on critical biological 
     and ecological processes, giving a priority to the most 
     vulnerable natural resources and communities;
       ``(8) proposals to integrate measures into the actions and 
     policies of the National Oceanic and Atmospheric 
     Administration and other Federal agencies, as appropriate;
       ``(9) a plan for additional observations, research, 
     modeling, assessment and information products, environmental 
     data stewardship, and development of technologies and 
     capabilities to address such impacts;
       ``(10) a plan for data archive and access, and processes 
     for sharing data and information for addressing such impacts;
       ``(11) plans to pursue bilateral and multilateral 
     agreements necessary to effectively address such impacts;
       ``(12) partnerships with States and nongovernmental 
     organizations;
       ``(13) methods to mitigate the impacts identified, 
     including habitat protection and restoration measures; and
       ``(14) funding requirements and mechanisms.
       ``(c) Technical Planning Assistance.--The Secretary, 
     through the National Oceanic and Atmospheric Administration 
     and in coordination with other Federal agencies with existing 
     authorities concerning hazard mitigation planning, shall 
     establish a coordinated program to provide technical planning 
     assistance and products to coastal States and local 
     governments as they develop and implement adaptation or 
     mitigation strategies and plans. Products, information, tools 
     and technical expertise generated from the development of the 
     regional coastal and ocean assessments and the coastal and 
     ocean adaptation plans will be made available to coastal 
     States for the purposes of developing their own State and 
     local plans.''.

     SEC. --206. COASTAL AND OCEAN ADAPTATION GRANTS.

       The Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.) is amended by added at the end the following:

     ``SEC. 320. CLIMATE CHANGE ADAPTATION PLANS.

       ``(a) Grants.--The Secretary shall provide grants of 
     financial assistance to coastal states with federally 
     approved coastal zone management programs to develop and 
     begin implementing coastal and ocean adaptation programs.
       ``(b) Allocation of Funds.--The Secretary shall distribute 
     grant funds under subsection (a) among coastal States in 
     accordance with the formula established under section 306(c) 
     of this Act, adjusted in consultation with the States as 
     necessary to provide assistance to particularly vulnerable 
     coastlines.
       ``(c) Plan Content.--In order to receive financial 
     assistance under this section, a plan must be approved by the 
     Secretary, and be consistent with and further the goals of 
     the coastal and ocean adaptation plan to be developed 
     pursuant to section 10 of the National Climate Program Act, 
     and be consistent with such State's coastal management 
     program.
       ``(d) State hazard mitigitation plans.--Plans developed by 
     States pursuant to this section shall be consistent with 
     State hazard mitigation plans developed under State or 
     Federal law.''.

     SEC. --207. AUTHORIZATION OF APPROPRIATIONS.

       Section 11 (15 U.S.C. 2908), as redesignated by section --
     105 of this division, is amended--
       (1) by inserting ``(a) National Climate Service.--'' before 
     ``There are authorized''; and
       (2) by adding at the end thereof the following:
       ``(b) National Strategy.--In addition to any other funds 
     otherwise authorized to be appropriated, there are authorized 
     to be appropriated for each of fiscal years 2009 through 2013 
     $25,000,000 to carry out section 9.
       ``(c) Coastal and Ocean Assessments.--In addition to any 
     other funds otherwise authorized to be appropriated, there 
     are authorized to be appropriated to the Secretary 
     $75,000,000 for each of fiscal years 2009 through 2013 to 
     carry out section 10(a).
       ``(d) Coastal and Ocean Adaptation Plan.--In addition to 
     any other funds otherwise authorized to be appropriated, 
     there are authorized to be appropriated for each of fiscal 
     years 2009 through 2013 $150,000,000, of which 75 percent 
     shall be for State plans.''.

                     TITLE III--OCEAN ACIDIFICATION

     SEC --301. SHORT TITLE.

       This title may be cited as the ``Federal Ocean 
     Acidification Research And Monitoring Act of 2008'' or the 
     ``FOARAM Act''.

     SEC. --302. PURPOSES.

       The purposes of this title are to provide for--
       (1) development and coordination of a comprehensive 
     interagency plan to monitor and conduct research on the 
     processes and consequences of ocean acidification on marine 
     organisms and ecosystems and to establish an ocean 
     acidification program within the National Oceanic and 
     Atmospheric Administration;
       (2) assessment and consideration of regional and national 
     ecosystem and socio-economic impacts of increased ocean 
     acidification, and integration into marine resource 
     decisions; and
       (3) research on adaptation strategies and techniques for 
     effectively conserving marine ecosystems as they cope with 
     increased ocean acidification.

     SEC. --303. INTERAGENCY COMMITTEE ON OCEAN ACIDIFICATION.

       (a) Establishment.--
       (1) In general.--The President shall establish or designate 
     an interagency committee on ocean acidification.
       (2) Membership.--The committee shall be comprised of senior 
     representatives from the National Oceanic and Atmospheric 
     Administration, the National Science Foundation, the National 
     Aeronautics and Space Administration, the United States 
     Geological Survey, the United States Fish and Wildlife 
     Service, and such other Federal agencies as the President 
     considers appropriate.
       (3) Chairman.--The committee shall be chaired by the 
     representative from the National Oceanic and Atmospheric 
     Administration. The chairman may create subcommittees chaired 
     by any member agency of the committee. Working groups may be 
     formed by the full committee to address issues that may 
     require more specialized expertise than is provided by 
     existing subcommittees.
       (b) Purpose.--The committee shall oversee the planning, 
     establishment, and coordinated implementation of a plan 
     designed to improve the understanding of the role of 
     increased ocean acidification on marine ecosystems.
       (c) Reports to Congress.--
       (1) Strategic research and implementation plan.--The 
     committee shall submit the strategic research and 
     implementation plan established under section --304 to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Natural Resources.
       (2) Triennial report.--Not later than 2 years after the 
     date of the enactment of this Act and every 3 years 
     thereafter, the committee shall transmit a report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Natural Resources 
     that includes--
       (A) a summary of federally funded ocean acidification 
     research and monitoring activities, including the budget for 
     each of these activities; and

[[Page 11636]]

       (B) an analysis of the progress made toward achieving the 
     goals and priorities for the interagency research plan 
     developed by the committee under section --304 and 
     recommendations for future activities, including policy 
     recommendations developed as part of this research.

     SEC. --304. STRATEGIC RESEARCH AND IMPLEMENTATION PLAN.

       (a) In General.--Within 18 months after the date of 
     enactment of this Act, the committee shall develop a 
     strategic research and implementation plan for coordinated 
     Federal activities. In developing the plan, the committee 
     shall consider reports and studies conducted by Federal 
     agencies and departments, the National Research Council, the 
     Ocean Research and Resources Advisory Panel, the Joint 
     Subcommittee on Ocean, Science, and Technology of the 
     National Science and Technology Council, the Joint Ocean 
     Commission Initiative, and other expert scientific bodies and 
     coordinate with other relevant Federal interagency 
     committees.
       (b) Scope.--The plan shall--
       (1) provide for interdisciplinary research among the ocean 
     sciences, and coordinated research and activities to improve 
     understanding of ocean acidification that will affect marine 
     ecosystems and to assess the potential and realized socio-
     economic impact of ocean acidification, including--
       (A) effects of atmospheric carbon dioxide on ocean 
     chemistry;
       (B) biological impacts of ocean acidification, including 
     research on--
       (i) species, including commercially and recreationally 
     important species, protected, endangered, or threatened 
     species, and ecologically important calcifiers that lie at 
     the base of the food chain; and
       (ii) physiological changes in response to ocean 
     acidification;
       (C) identification and assessment of ecosystems most at 
     risk from projected changes in ocean chemistry, including--
       (i) coastal ecosystems, including Great Lakes ecosystems;
       (ii) coral reef ecosystems, including deep sea coral 
     ecosystems; and
       (iii) polar and subpolar ecosystems;
       (D) modeling the changes in ocean chemistry driven by the 
     increases in ocean carbon levels, including ecosystem 
     forecasting;
       (E) identifying feedback mechanisms resulting from the 
     ocean chemistry changes such as the decrease in calcification 
     rates in organisms;
       (F) socio-economic impacts of ocean acidification, 
     including commercially and recreationally important fisheries 
     and coral reef communities; and
       (G) identifying interactions between ocean acidification 
     and other oceanic changes including those associated with 
     climate change;
       (2) establish, for the 10-year period beginning in the year 
     it is submitted, goals, priorities, and guidelines for 
     coordinated activities that will--
       (A) most effectively advance scientific understanding of 
     the characteristics and impacts of ocean acidification;
       (B) provide forecasts of changes in ocean acidification and 
     the consequent impacts on marine ecosystems; and
       (C) provide a basis for policy decisions to reduce and 
     manage ocean acidification and its environmental impacts;
       (3) provide an estimate of Federal funding requirements for 
     research and monitoring activities; and
       (4) identify and strengthen relevant programs and 
     activities of the Federal agencies and departments that would 
     contribute to accomplishing the goals of the plan and prevent 
     unnecessary duplication of efforts, including making 
     recommendations for the use of observing systems and 
     technological research and development.
       (c) Consultation.--In developing the plan, the committee 
     may consult with the academic community, States, industry, 
     environmental groups, and other relevant stakeholders.

     SEC. --305. NOAA OCEAN ACIDIFICATION PROGRAM.

       (a) In General.--The Secretary shall establish and maintain 
     an ocean acidification program within the National Oceanic 
     and Atmospheric Administration to implement activities 
     consistent with the strategic research and implementation 
     plan developed by the committee under section --304 that--
       (1) includes--
       (A) interdisciplinary research among the ocean and 
     atmospheric sciences, and coordinated research and activities 
     to improve understanding of ocean acidification;
       (B) the establishment of a long-term monitoring program of 
     ocean acidification utilizing existing global ocean observing 
     assets and adding instrumentation and sampling stations as 
     appropriate to the aims of the research program;
       (C) research to identify and develop adaptation strategies 
     and techniques for effectively conserving marine ecosystems 
     as they cope with increased ocean acidification;
       (D) educational opportunities that encourage an 
     interdisciplinary and international approach to exploring the 
     impacts of ocean acidification;
       (E) national public outreach activities to improve the 
     understanding of ocean acidification and its impacts on 
     marine resources; and
       (F) coordination of ocean acidification research and 
     monitoring with other appropriate international ocean science 
     bodies such as the International Oceanographic Commission, 
     the International Council for the Exploration of the Sea, the 
     North Pacific and others;
       (2) provides grants for critical research projects that 
     explore the effects of ocean acidification on ecosystems and 
     the socio-economic impacts of increased ocean acidification 
     that are relevant to the goals and priorities of the 
     strategic research plan; and
       (3) incorporates a competitive merit-based grant process 
     that may be conducted jointly with other participating 
     agencies or under the National Oceanographic Partnership 
     Program under section 7901 of title 10, United States Code.
       (b) Additional Authority.--In conducting the Program, the 
     Secretary may enter into and perform such contracts, leases, 
     grants, or cooperative agreements as may be necessary to 
     carry out the purposes of this title on such terms as the 
     Secretary deems appropriate.

     SEC. --306. DEFINITIONS.

       In this title:
       (1) Committee.--The term ``committee'' means the 
     interagency committee on ocean acidification established or 
     designated by the President under section --303(a)(1).
       (2) Ocean acidification.--The term ``ocean acidification'' 
     means the change in ocean chemistry that is driven by the 
     increase in ocean carbon levels, and the uptake of chemical 
     inputs from the atmosphere, including anthropogenic carbon 
     dioxide.
       (3) Program.--The term ``Program'' means the National 
     Oceanic and Atmospheric Administration Ocean Acidification 
     Program established under section --305.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce, acting through the Administrator of the National 
     Oceanic and Atmospheric Administration.

     SEC. --307. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the National Oceanic and Atmospheric Administration to carry 
     out this title--
       (1) $10,000,000 for fiscal year 2009;
       (2) $15,000,000 for fiscal year 2010;
       (3) $20,000,000 for fiscal year 2011;
       (4) $25,000,000 for fiscal year 2012; and
       (5) $30,000,000 for fiscal year 2013.
       (b) Allocation.--Of the amounts appropriated to the 
     National Oceanic and Atmospheric Administration under 
     subsection (a) for each fiscal year--
       (1) 40 percent shall be available to, and retained by, the 
     National Oceanic and Atmospheric Administration for use in 
     carrying out its responsibilities under this title; and
       (2) 60 percent shall be transferred by the National Oceanic 
     and Atmospheric Administration in equal amounts to--
       (A) the National Science Foundation;
       (B) the National Aeronautics and Space Administration;
       (C) the United States Fish and Wildlife Service; and
       (D) the United States Geological Survey.
       (3) Of the amounts made available to carry out this title 
     for any fiscal year, the Secretary, and other departments and 
     agencies to which amounts are transferred under paragraph 
     (2), shall allocate at least 50 percent for competitive 
     grants.
                                 ______
                                 
  SA 4868. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the Environment 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 284, line 7, strike ``States as a reward'' and 
     insert ``States, and the Department of Housing and Urban 
     Development for use in carrying out the HOME Investments 
     Partnership Program established under title II of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12721 et seq.),''.

       On page 285, between lines 3 and 4, insert the following:
       (c) Allocation to HUD.--The Administrator shall transfer 20 
     percent of emission allowances established pursuant to 
     section 801 to the Secretary of Housing and Urban Development 
     for use in carrying out the HOME Investment Partnership 
     Program established under the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 12701 et. seq.), for each 
     of calendar years 2012 through 2050, for activities that 
     directly increase the energy efficiency in units assisted 
     with funds made available under this title, including 
     increased insulation, air sealing, high performance windows, 
     duct sealing, high-efficiency heating and cooling equipment, 
     high-efficiency domestic water heating equipment, high-
     efficiency lighting systems and improved controls, high-
     efficiency appliances and renewable energy systems (such as 
     photovoltaic systems), among other purposes as determined by 
     the Secretary of Energy in consultation with the Secretary of 
     Housing and Urban Development.

       On page 285, line 4, strike ``(c)'' and inset ``(d)''.

[[Page 11637]]


                                 ______
                                 
  SA 4869. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the Environment 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 77, strike lines 17 through 22 and insert the 
     following:
       (1) Use of international allowances.--
       On page 78, line 19, strike ``(3)'' and ``(2)''.
       On page 78, line 25, strike ``paragraph (2)'' and insert 
     ``paragraph (1)''.
       On page 79, lines 3 and 4, strike ``notwithstanding 
     paragraph (1),''.
       On page 79, line 24, strike ``(2)'' and insert ``(1)''.
       On page 80, line 1, strike ``(4)'' and insert ``(3)''.
       On page 80, line 9, strike ``within the limitation under 
     paragraph (1)''.
                                 ______
                                 
  SA 4870. Mr. LAUTENBERG (for himself, Mrs. Boxer, Mr. Lieberman, and 
Mr. Warner) submitted an amendment intended to be proposed by him to 
the bill S. 3036, to direct the Administrator of the Environment 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title XI, add the following:

                      Subtitle E--Aviation Sector

     SEC. 1141. STUDY BY ADMINISTRATOR OF AVIATION SECTOR 
                   GREENHOUSE GAS EMISSIONS.

       (a) In General.--The Administrator shall enter into an 
     agreement with the National Academy of Sciences under which 
     the Academy shall conduct a study on greenhouse gas emissions 
     associated with the aviation industry, including--
       (1) a determination of appropriate data necessary to make 
     determinations of emission inventories, considering fuel use, 
     airport operations, ground equipment, and all other sources 
     of emissions in the aviation industry;
       (2) an estimate of projected industry emissions for the 
     following 5-year, 20-year, and 50-year periods;
       (3) based on existing literature, research and surveys to 
     determine the existing best practices for emission reduction 
     in the aviation sector;
       (4) recommendations on areas of focus for additional 
     research for technologies and operations with the highest 
     potential to reduce emissions; and
       (5) recommendations of actions that the Federal Government 
     could take to encourage or require additional emission 
     reductions.
       (b) Consultation.--In developing the parameters of the 
     study under this section, the Administrator shall conduct the 
     study under this section in consultation with--
       (1) the Secretary of Transportation, acting through the 
     Administrator of the Federal Aviation Administration; and
       (2) other appropriate Federal agencies and departments.
                                 ______
                                 
  SA 4871. Mr. LAUTENBERG (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PROTECTION OF SCIENTIFIC CREDIBILITY, INTEGRITY, 
                   AND COMMUNICATION.

       (a) Short Title.--This section may be cited as the 
     ``Protect Science Act of 2008''.
       (b) Findings and Purpose.--
       (1) Findings.--Congress finds the following:
       (A) Scientific research and innovation is a principal 
     component to American prosperity.
       (B) There have been numerous cases where Federal scientific 
     studies and reports have been altered by political appointees 
     and Federal employees to misrepresent or omit information.
       (C) Political interference has also resulted in--
       (i) the censorship of scientific information and documents 
     requested by Congress;
       (ii) the delayed release of Government science reports; and
       (iii) the denial of media access to scientific researchers.
       (D) Such political interference with science in the Federal 
     agencies undermines the credibility, integrity, and 
     consistency of the United States Government.
       (2) Purpose.--The purpose of this section is to protect 
     scientific credibility, integrity, and communication in 
     research and policymaking.
       (c) Prohibition of Political Interference With Science.--
       (1) In general.--Subchapter V of chapter 73 of title 5, 
     United States Code, is amended by adding at the end the 
     following:

     ``Sec. 7354. Interference with science

       ``(a) Definitions.--In this section--
       ``(1) the term `censorship' means improper prevention of 
     the dissemination of valid and nonclassified scientific 
     findings, including directing others to do so;
       ``(2) the term `political appointee' means an individual 
     who holds a position that--
       ``(A) is in the executive branch of the Government and 
     requires appointment by the President, by and with the advice 
     and consent of the Senate;
       ``(B) is within the Executive Office of the President;
       ``(C) is on the Executive Schedule under subchapter II of 
     chapter 53 of title 5, United States Code;
       ``(D) is a Senior Executive Service position as defined 
     under section 3132 (2) of title 5, United States Code, and 
     not a career reserved position as defined under paragraph (8) 
     of that section; or
       ``(E) is in the executive branch of the Government of a 
     confidential or policy-determining character under schedule C 
     of subpart C of part 213 of title 5 of the Code of Federal 
     Regulations;
       ``(3) the term `scientific' means relating to the natural, 
     physical, environmental, earth, ocean, climate, atmospheric, 
     mathematical, medical, or social sciences or engineering; and
       ``(4) the term `tampering' means improperly altering or 
     obstructing so as to substantially distort, or directing 
     others to do so.
       ``(b) In General.--A political appointee may not engage in 
     any of the following:
       ``(1) Tampering with the conduct or findings of federally 
     funded scientific research or analysis.
       ``(2) Censorship of findings of federally funded scientific 
     research or analysis.
       ``(3) Directing the dissemination of scientific information 
     known by the directing political appointee to be false or 
     misleading.
       ``(c) Enforcement.--A political appointee who violates this 
     section shall be subject to appropriate disciplinary action 
     by the employing agency or entity.
       ``(d) Regulations.--The Office of Government Ethics may 
     issue regulations implementing this section.''.
       (2) Technical and conforming amendment.--The table of 
     sections for chapter 73 of title 5, is amended by inserting 
     after the item relating to section 7353 the following:

``7354. Interference with science.''.

       (d) Publication Requirement Relating to Scientific Studies 
     and Reports.--
       (1) Definitions.--In this section:
       (A) Agency.--The term ``agency'' has the meaning given 
     under section 551(1) of title 5, United States Code.
       (B) Scientific.--The term ``scientific'' means relating to 
     the natural, physical, environmental, earth, ocean, climate, 
     atmospheric, mathematical, medical, or social sciences or 
     engineering.
       (C) Political appointee.--The term ``political appointee'' 
     means an individual who holds a position that--
       (i) is in the executive branch of the Government and 
     requires appointment by the President, by and with the advice 
     and consent of the Senate;
       (ii) is within the Executive Office of the President;
       (iii) is on the Executive Schedule under subchapter II of 
     chapter 53 of title 5, United States Code;
       (iv) is a Senior Executive Service position as defined 
     under section 3132 (2) of title 5, United States Code, and 
     not a career reserved position as defined under paragraph (8) 
     of that section; or
       (v) is in the executive branch of the Government of a 
     confidential or policy-determining character under schedule C 
     of subpart C of part 213 of title 5 of the Code of Federal 
     Regulations.
       (2) Requirements.--
       (A) In general.--Not later than 48 hours after an agency 
     publishes a scientific study or report, including a summary, 
     synthesis, or analysis of a scientific study or report, that 
     has been modified to incorporate oral or written comments by 
     a political appointee that change the force, meaning, 
     emphasis, conclusions, findings, or recommendations of the 
     scientific or technical component of the study or report, the 
     head of that agency shall--
       (i) make available on a departmental or agency website, and 
     on a public docket, if any, that is accessible by the 
     public--

       (I) the final version by the principal scientific 
     investigators before review;
       (II) the final version as published by the agency; and
       (III) a version making a comparison of the versions 
     described under subclauses (I) and (II), that identifies--

       (aa) any modifications; and
       (bb) the text making those modifications;
       (ii) identify any political appointee who made those 
     comments; and
       (iii) provide uniform resource locator links on that 
     website to both versions and related publications.
       (B) Printed publications.--The head of each agency shall 
     ensure that the printed publication of any summary, 
     synthesis, or analysis of a scientific study or report 
     described under subparagraph (A) shall include a reference to 
     the website described under that paragraph.

[[Page 11638]]

       (3) Format and ease of comparison.--The versions of any 
     study or report described under paragraph (2) shall be made 
     available--
       (A) in a format that is generally available to the public; 
     and
       (B) in the same format and accessible on the same page with 
     equal prominence, or in any other manner that facilitates 
     comparison of the 2 versions.
       (e) State of Scientific Integrity Report.--Not later than 1 
     year after the date of enactment of this Act, and each year 
     thereafter, the Comptroller General shall submit a report to 
     Congress on compliance with the requirements of section 7354 
     of title 5, United States Code, (as added by subsection (c) 
     of this section) and section (d) of this section.
                                 ______
                                 
  SA 4872. Mr. ALEXANDER (for himself and Mr. Martinez) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 21, strike line 24 and all that follows 
     through page 22, line 4.
       On page 22, line 5, strike ``(G)'' and insert ``(F)''.
       On page 22, line 9, strike ``(H)'' and insert ``(G)''.
       On page 22, line 14, strike ``(I)'' and insert ``(H)''.
       On page 65, line 13, strike ``use'' and insert 
     ``manufacture''.

       On page 65, line 16, insert ``refined or'' before 
     ``manufactured''.
                                 ______
                                 
  SA 4873. Mr. CHAMBLISS (for himself and Mr. Roberts) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 161, between lines 6 and 7, insert the following:

     SEC. 530. ACTION UPON HIGHER FARM FUEL PRICES CAUSED BY THIS 
                   ACT.

       (a) Determination of Higher Farm Fuel Prices Caused by This 
     Act.--Not less than annually, the Secretary of Agriculture, 
     in consultation with the Secretary of Energy, the Secretary 
     of Transportation, and the Administrator, shall determine 
     whether implementation of this Act has caused the average 
     retail price of fuel used to plant, manage, harvest, dry, or 
     transport agricultural crops to increase since the date of 
     enactment of this Act.
       (b) Administrator Action.--Notwithstanding any other 
     provision of this Act, upon a determination under subsection 
     (a) of higher farm fuel prices caused by this Act, the 
     Administrator shall suspend such provisions of this Act as 
     the Administrator determines are necessary until 
     implementation of the provisions no longer causes a farm fuel 
     price increase.
                                 ______
                                 
  SA 4874. Mr. DOMENICI (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``American 
     Energy Production Act of 2008''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                     TITLE I--TRADITIONAL RESOURCES

                  Subtitle A--Outer Continental Shelf

Sec. 101. Publication of projected State lines on outer Continental 
              Shelf.
Sec. 102. Production of oil and natural gas in new producing areas.
Sec. 103. Conforming amendment.

       Subtitle B--Leasing Program for Land Within Coastal Plain

Sec. 111. Definitions.
Sec. 112. Leasing program for land within the Coastal Plain.
Sec. 113. Lease sales.
Sec. 114. Grant of leases by the Secretary.
Sec. 115. Lease terms and conditions.
Sec. 116. Coastal Plain environmental protection.
Sec. 117. Expedited judicial review.
Sec. 118. Rights-of-way and easements across Coastal Plain.
Sec. 119. Conveyance.
Sec. 120. Local government impact aid and community service assistance.
Sec. 121. Prohibition on exports.
Sec. 122. Allocation of revenues.

                         Subtitle C--Permitting

Sec. 131. Refinery permitting process.
Sec. 132. Removal of additional fee for new applications for permits to 
              drill.

                Subtitle D--Restoration of State Revenue

Sec. 141. Restoration of State revenue.

                    TITLE II--ALTERNATIVE RESOURCES

       Subtitle A--Renewable Fuel and Advanced Energy Technology

Sec. 201. Definition of renewable biomass.
Sec. 202. Advanced battery manufacturing incentive program.
Sec. 203. Biofuels infrastructure and additives research and 
              development.
Sec. 204. Study of increased consumption of ethanol-blended gasoline 
              with higher levels of ethanol.
Sec. 205. Study of diesel vehicle attributes.

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

Sec. 211. Short title.
Sec. 212. Definitions.
Sec. 213. Clean coal-derived fuel program.

                         Subtitle C--Oil Shale

Sec. 221. Removal of prohibition on final regulations for commercial 
              leasing program for oil shale resources on public land.

Subtitle D--Department of Defense Facilitation of Secure Domestic Fuel 
                              Development

Sec. 231. Procurement and acquisition of alternative fuels.
Sec. 232. Multiyear contract authority for the Department of Defense 
              for the procurement of synthetic fuels.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     Energy.

                     TITLE I--TRADITIONAL RESOURCES

                  Subtitle A--Outer Continental Shelf

     SEC. 101. PUBLICATION OF PROJECTED STATE LINES ON OUTER 
                   CONTINENTAL SHELF.

       Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act 
     (43 U.S.C. 1333(a)(2)(A)) is amended--
       (1) by designating the first, second, and third sentences 
     as clause (i), (iii), and (iv), respectively;
       (2) in clause (i) (as so designated), by inserting before 
     the period at the end the following: ``not later than 90 days 
     after the date of enactment of the American Energy Production 
     Act of 2008''; and
       (3) by inserting after clause (i) (as so designated) the 
     following:
       ``(ii)(I) The projected lines shall also be used for the 
     purpose of preleasing and leasing activities conducted in new 
     producing areas under section 32.
       ``(II) This clause shall not affect any property right or 
     title to Federal submerged land on the outer Continental 
     Shelf.
       ``(III) In carrying out this clause, the President shall 
     consider the offshore administrative boundaries beyond State 
     submerged lands for planning, coordination, and 
     administrative purposes of the Department of the Interior, 
     but may establish different boundaries.''.

     SEC. 102. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING 
                   AREAS.

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

     ``SEC. 32. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING 
                   AREAS.

       ``(a) Definitions.--In this section:
       ``(1) Coastal political subdivision.--The term `coastal 
     political subdivision' means a political subdivision of a new 
     producing State any part of which political subdivision is--
       ``(A) within the coastal zone (as defined in section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453)) of 
     the new producing State as of the date of enactment of this 
     section; and
       ``(B) not more than 200 nautical miles from the geographic 
     center of any leased tract.
       ``(2) Moratorium area.--
       ``(A) In general.--The term `moratorium area' means an area 
     covered by sections 104 through 105 of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2008 (Public Law 110-161; 121 Stat. 2118) (as in effect 
     on the day before the date of enactment of this section).
       ``(B) Exclusion.--The term `moratorium area' does not 
     include an area located in the Gulf of Mexico.
       ``(3) New producing area.--The term `new producing area' 
     means any moratorium area within the offshore administrative 
     boundaries beyond the submerged land of a State that is 
     located greater than 50 miles from the coastline of the 
     State.
       ``(4) New producing state.--The term `new producing State' 
     means a State that has, within the offshore administrative 
     boundaries beyond the submerged land of the State, a new 
     producing area available for oil and gas leasing under 
     subsection (b).
       ``(5) Offshore administrative boundaries.--The term 
     `offshore administrative boundaries' means the administrative 
     boundaries established by the Secretary beyond State 
     submerged land for planning, coordination, and administrative 
     purposes of the Department of the Interior and published in 
     the

[[Page 11639]]

     Federal Register on January 3, 2006 (71 Fed. Reg. 127).
       ``(6) Qualified outer continental shelf revenues.--
       ``(A) In general.--The term `qualified outer Continental 
     Shelf revenues' means all rentals, royalties, bonus bids, and 
     other sums due and payable to the United States from leases 
     entered into on or after the date of enactment of this 
     section for new producing areas.
       ``(B) Exclusions.--The term `qualified outer Continental 
     Shelf revenues' does not include--
       ``(i) revenues from a bond or other surety forfeited for 
     obligations other than the collection of royalties;
       ``(ii) revenues from civil penalties;
       ``(iii) royalties taken by the Secretary in-kind and not 
     sold;
       ``(iv) revenues generated from leases subject to section 
     8(g); or
       ``(v) any revenues considered qualified outer Continental 
     Shelf revenues under section 102 of the Gulf of Mexico Energy 
     Security Act of 2006 (43 U.S.C. 1331 note; Public Law 109-
     432).
       ``(b) Petition for Leasing New Producing Areas.--
       ``(1) In general.--Beginning on the date on which the 
     President delineates projected State lines under section 
     4(a)(2)(A)(ii), the Governor of a State with a new producing 
     area within the offshore administrative boundaries beyond the 
     submerged land of the State may submit to the Secretary a 
     petition requesting that the Secretary make the new producing 
     area available for oil and gas leasing.
       ``(2) Action by secretary.--Notwithstanding section 18, as 
     soon as practicable after receipt of a petition under 
     paragraph (1), the Secretary shall approve the petition if 
     the Secretary determines that leasing the new producing area 
     would not create an unreasonable risk of harm to the marine, 
     human, or coastal environment.
       ``(c) Disposition of Qualified Outer Continental Shelf 
     Revenues From New Producing Areas.--
       ``(1) In general.--Notwithstanding section 9 and subject to 
     the other provisions of this subsection, for each applicable 
     fiscal year, the Secretary of the Treasury shall deposit--
       ``(A) 50 percent of qualified outer Continental Shelf 
     revenues in the general fund of the Treasury; and
       ``(B) 50 percent of qualified outer Continental Shelf 
     revenues in a special account in the Treasury from which the 
     Secretary shall disburse--
       ``(i) 75 percent to new producing States in accordance with 
     paragraph (2); and
       ``(ii) 25 percent to provide financial assistance to States 
     in accordance with section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8), which shall 
     be considered income to the Land and Water Conservation Fund 
     for purposes of section 2 of that Act (16 U.S.C. 460l-5).
       ``(2) Allocation to new producing states and coastal 
     political subdivisions.--
       ``(A) Allocation to new producing states.--Effective for 
     fiscal year 2008 and each fiscal year thereafter, the amount 
     made available under paragraph (1)(B)(i) shall be allocated 
     to each new producing State in amounts (based on a formula 
     established by the Secretary by regulation) proportional to 
     the amount of qualified outer Continental Shelf revenues 
     generated in the new producing area offshore each State.
       ``(B) Payments to coastal political subdivisions.--
       ``(i) In general.--The Secretary shall pay 20 percent of 
     the allocable share of each new producing State, as 
     determined under subparagraph (A), to the coastal political 
     subdivisions of the new producing State.
       ``(ii) Allocation.--The amount paid by the Secretary to 
     coastal political subdivisions shall be allocated to each 
     coastal political subdivision in accordance with 
     subparagraphs (B) and (C) of section 31(b)(4).
       ``(3) Minimum allocation.--The amount allocated to a new 
     producing State for each fiscal year under paragraph (2) 
     shall be at least 5 percent of the amounts available under 
     for the fiscal year under paragraph (1)(B)(i).
       ``(4) Timing.--The amounts required to be deposited under 
     subparagraph (B) of paragraph (1) for the applicable fiscal 
     year shall be made available in accordance with that 
     subparagraph during the fiscal year immediately following the 
     applicable fiscal year.
       ``(5) Authorized uses.--
       ``(A) In general.--Subject to subparagraph (B), each new 
     producing State and coastal political subdivision shall use 
     all amounts received under paragraph (2) in accordance with 
     all applicable Federal and State laws, only for 1 or more of 
     the following purposes:
       ``(i) Projects and activities for the purposes of coastal 
     protection, including conservation, coastal restoration, 
     hurricane protection, and infrastructure directly affected by 
     coastal wetland losses.
       ``(ii) Mitigation of damage to fish, wildlife, or natural 
     resources.
       ``(iii) Implementation of a federally approved marine, 
     coastal, or comprehensive conservation management plan.
       ``(iv) Mitigation of the impact of outer Continental Shelf 
     activities through the funding of onshore infrastructure 
     projects.
       ``(v) Planning assistance and the administrative costs of 
     complying with this section.
       ``(B) Limitation.--Not more than 3 percent of amounts 
     received by a new producing State or coastal political 
     subdivision under paragraph (2) may be used for the purposes 
     described in subparagraph (A)(v).
       ``(6) Administration.--Amounts made available under 
     paragraph (1)(B) shall--
       ``(A) be made available, without further appropriation, in 
     accordance with this subsection;
       ``(B) remain available until expended; and
       ``(C) be in addition to any amounts appropriated under--
       ``(i) other provisions of this Act;
       ``(ii) the Land and Water Conservation Fund Act of 1965 (16 
     U.S.C. 460l-4 et seq.); or
       ``(iii) any other provision of law.
       ``(d) Disposition of Qualified Outer Continental Shelf 
     Revenues From Other Areas.--Notwithstanding section 9, for 
     each applicable fiscal year, the terms and conditions of 
     subsection (c) shall apply to the disposition of qualified 
     outer Continental Shelf revenues that--
       ``(1) are derived from oil or gas leasing in an area that 
     is not included in the current 5-year plan of the Secretary 
     for oil or gas leasing; and
       ``(2) are not assumed in the budget of the United States 
     Government submitted by the President under section 1105 of 
     title 31, United States Code.''.

     SEC. 103. CONFORMING AMENDMENT.

       Sections 104 through 105 of the Department of the Interior, 
     Environment, and Related Agencies Appropriations Act, 2008 
     (Public Law 110-161; 121 Stat. 2118) are repealed.

       Subtitle B--Leasing Program for Land Within Coastal Plain

     SEC. 111. DEFINITIONS.

       In this subtitle:
       (1) Coastal plain.--The term ``Coastal Plain'' means that 
     area identified as the ``1002 Coastal Plain Area'' on the 
     map.
       (2) Federal agreement.--The term ``Federal Agreement'' 
     means the Federal Agreement and Grant Right-of-Way for the 
     Trans-Alaska Pipeline issued on January 23, 1974, in 
     accordance with section 28 of the Mineral Leasing Act (30 
     U.S.C. 185) and the Trans-Alaska Pipeline Authorization Act 
     (43 U.S.C. 1651 et seq.).
       (3) Final statement.--The term ``Final Statement'' means 
     the final legislative environmental impact statement on the 
     Coastal Plain, dated April 1987, and prepared pursuant to 
     section 1002 of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3142) and section 102(2)(C) of 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4332(2)(C)).
       (4) Map.--The term ``map'' means the map entitled ``Arctic 
     National Wildlife Refuge'', dated September 2005, and 
     prepared by the United States Geological Survey.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior (or the designee of the Secretary), acting 
     through the Director of the Bureau of Land Management in 
     consultation with the Director of the United States Fish and 
     Wildlife Service and in coordination with a State coordinator 
     appointed by the Governor of the State of Alaska.

     SEC. 112. LEASING PROGRAM FOR LAND WITHIN THE COASTAL PLAIN.

       (a) In General.--
       (1) Authorization.--Congress authorizes the exploration, 
     leasing, development, production, and economically feasible 
     and prudent transportation of oil and gas in and from the 
     Coastal Plain.
       (2) Actions.--The Secretary shall take such actions as are 
     necessary--
       (A) to establish and implement, in accordance with this 
     subtitle, a competitive oil and gas leasing program that will 
     result in an environmentally sound program for the 
     exploration, development, and production of the oil and gas 
     resources of the Coastal Plain while taking into 
     consideration the interests and concerns of residents of the 
     Coastal Plain, which is the homeland of the Kaktovikmiut 
     Inupiat; and
       (B) to administer this subtitle through regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     and other provisions that--
       (i) ensure the oil and gas exploration, development, and 
     production activities on the Coastal Plain will result in no 
     significant adverse effect on fish and wildlife, their 
     habitat, subsistence resources, and the environment; and
       (ii) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production to all exploration, development, 
     and production operations under this subtitle in a manner 
     that ensures the receipt of fair market value by the public 
     for the mineral resources to be leased.
       (b) Repeal.--
       (1) Repeal.--Section 1003 of the Alaska National Interest 
     Lands Conservation Act (16 U.S.C. 3143) is repealed.
       (2) Conforming amendment.--The table of contents contained 
     in section 1 of that Act (16 U.S.C. 3101 note) is amended by 
     striking the item relating to section 1003.
       (c) Compliance With Requirements Under Certain Other 
     Laws.--

[[Page 11640]]

       (1) Compatibility.--For purposes of the National Wildlife 
     Refuge System Administration Act of 1966 (16 U.S.C. 668dd et 
     seq.)--
       (A) the oil and gas pre-leasing and leasing program, and 
     activities authorized by this section in the Coastal Plain, 
     shall be considered to be compatible with the purposes for 
     which the Arctic National Wildlife Refuge was established; 
     and
       (B) no further findings or decisions shall be required to 
     implement that program and those activities.
       (2) Adequacy of the department of the interior's 
     legislative environmental impact statement.--The Final 
     Statement shall be considered to satisfy the requirements 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) that apply with respect to pre-leasing 
     activities, including exploration programs and actions 
     authorized to be taken by the Secretary to develop and 
     promulgate the regulations for the establishment of a leasing 
     program authorized by this subtitle before the conduct of the 
     first lease sale.
       (3) Compliance with nepa for other actions.--
       (A) In general.--Before conducting the first lease sale 
     under this subtitle, the Secretary shall prepare an 
     environmental impact statement in accordance with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.) with respect to the actions authorized by this subtitle 
     that are not referred to in paragraph (2).
       (B) Identification and analysis.--Notwithstanding any other 
     provision of law, in carrying out this paragraph, the 
     Secretary shall not be required--
       (i) to identify nonleasing alternative courses of action; 
     or
       (ii) to analyze the environmental effects of those courses 
     of action.
       (C) Identification of preferred action.--Not later than 18 
     months after the date of enactment of this Act, the Secretary 
     shall--
       (i) identify only a preferred action and a single leasing 
     alternative for the first lease sale authorized under this 
     subtitle; and
       (ii) analyze the environmental effects and potential 
     mitigation measures for those 2 alternatives.
       (D) Public comments.--In carrying out this paragraph, the 
     Secretary shall consider only public comments that are filed 
     not later than 20 days after the date of publication of a 
     draft environmental impact statement.
       (E) Effect of compliance.--Notwithstanding any other 
     provision of law, compliance with this paragraph shall be 
     considered to satisfy all requirements for the analysis and 
     consideration of the environmental effects of proposed 
     leasing under this subtitle.
       (d) Relationship to State and Local Authority.--Nothing in 
     this subtitle expands or limits any State or local regulatory 
     authority.
       (e) Special Areas.--
       (1) Designation.--
       (A) In general.--The Secretary, after consultation with the 
     State of Alaska, the North Slope Borough, Alaska, and the 
     City of Kaktovik, Alaska, may designate not more than 45,000 
     acres of the Coastal Plain as a special area if the Secretary 
     determines that the special area would be of such unique 
     character and interest as to require special management and 
     regulatory protection.
       (B) Sadlerochit spring area.--The Secretary shall designate 
     as a special area in accordance with subparagraph (A) the 
     Sadlerochit Spring area, comprising approximately 4,000 acres 
     as depicted on the map.
       (2) Management.--The Secretary shall manage each special 
     area designated under this subsection in a manner that--
       (A) respects and protects the Native people of the area; 
     and
       (B) preserves the unique and diverse character of the area, 
     including fish, wildlife, subsistence resources, and cultural 
     values of the area.
       (3) Exclusion from leasing or surface occupancy.--
       (A) In general.--The Secretary may exclude any special area 
     designated under this subsection from leasing.
       (B) No surface occupancy.--If the Secretary leases all or a 
     portion of a special area for the purposes of oil and gas 
     exploration, development, production, and related activities, 
     there shall be no surface occupancy of the land comprising 
     the special area.
       (4) Directional drilling.--Notwithstanding any other 
     provision of this subsection, the Secretary may lease all or 
     a portion of a special area under terms that permit the use 
     of horizontal drilling technology from sites on leases 
     located outside the special area.
       (f) Limitation on Closed Areas.--The Secretary may not 
     close land within the Coastal Plain to oil and gas leasing or 
     to exploration, development, or production except in 
     accordance with this subtitle.
       (g) Regulations.--
       (1) In general.--Not later than 15 months after the date of 
     enactment of this Act, in consultation with appropriate 
     agencies of the State of Alaska, the North Slope Borough, 
     Alaska, and the City of Kaktovik, Alaska, the Secretary shall 
     issue such regulations as are necessary to carry out this 
     subtitle, including rules and regulations relating to 
     protection of the fish and wildlife, fish and wildlife 
     habitat, and subsistence resources of the Coastal Plain.
       (2) Revision of regulations.--The Secretary may 
     periodically review and, as appropriate, revise the rules and 
     regulations issued under paragraph (1) to reflect any 
     significant scientific or engineering data that come to the 
     attention of the Secretary.

     SEC. 113. LEASE SALES.

       (a) In General.--Land may be leased pursuant to this 
     subtitle to any person qualified to obtain a lease for 
     deposits of oil and gas under the Mineral Leasing Act (30 
     U.S.C. 181 et seq.).
       (b) Procedures.--The Secretary shall, by regulation, 
     establish procedures for--
       (1) receipt and consideration of sealed nominations for any 
     area in the Coastal Plain for inclusion in, or exclusion (as 
     provided in subsection (c)) from, a lease sale;
       (2) the holding of lease sales after that nomination 
     process; and
       (3) public notice of and comment on designation of areas to 
     be included in, or excluded from, a lease sale.
       (c) Lease Sale Bids.--Bidding for leases under this 
     subtitle shall be by sealed competitive cash bonus bids.
       (d) Acreage Minimum in First Sale.--For the first lease 
     sale under this subtitle, the Secretary shall offer for lease 
     those tracts the Secretary considers to have the greatest 
     potential for the discovery of hydrocarbons, taking into 
     consideration nominations received pursuant to subsection 
     (b)(1), but in no case less than 200,000 acres.
       (e) Timing of Lease Sales.--The Secretary shall--
       (1) not later than 22 months after the date of enactment of 
     this Act, conduct the first lease sale under this subtitle;
       (2) not later than September 30, 2012, conduct a second 
     lease sale under this subtitle; and
       (3) conduct additional sales at appropriate intervals if 
     sufficient interest in exploration or development exists to 
     warrant the conduct of the additional sales.

     SEC. 114. GRANT OF LEASES BY THE SECRETARY.

       (a) In General.--Upon payment by a lessee of such bonus as 
     may be accepted by the Secretary, the Secretary may grant to 
     the highest responsible qualified bidder in a lease sale 
     conducted pursuant to section 113 a lease for any land on the 
     Coastal Plain.
       (b) Subsequent Transfers.--
       (1) In general.--No lease issued under this subtitle may be 
     sold, exchanged, assigned, sublet, or otherwise transferred 
     except with the approval of the Secretary.
       (2) Condition for approval.--Before granting any approval 
     described in paragraph (1), the Secretary shall consult with 
     and give due consideration to the opinion of the Attorney 
     General.

     SEC. 115. LEASE TERMS AND CONDITIONS.

       (a) In General.--An oil or gas lease issued pursuant to 
     this subtitle shall--
       (1) provide for the payment of a royalty of not less than 
     16\1/2\ percent of the amount or value of the production 
     removed or sold from the lease, as determined by the 
     Secretary in accordance with regulations applicable to other 
     Federal oil and gas leases;
       (2) provide that the Secretary may close, on a seasonal 
     basis, such portions of the Coastal Plain to exploratory 
     drilling activities as are necessary to protect caribou 
     calving areas and other species of fish and wildlife;
       (3) require that each lessee of land within the Coastal 
     Plain shall be fully responsible and liable for the 
     reclamation of land within the Coastal Plain and any other 
     Federal land that is adversely affected in connection with 
     exploration, development, production, or transportation 
     activities within the Coastal Plain conducted by the lessee 
     or by any of the subcontractors or agents of the lessee;
       (4) provide that the lessee may not delegate or convey, by 
     contract or otherwise, that reclamation responsibility and 
     liability to another person without the express written 
     approval of the Secretary;
       (5) provide that the standard of reclamation for land 
     required to be reclaimed under this subtitle shall be, to the 
     maximum extent practicable--
       (A) a condition capable of supporting the uses that the 
     land was capable of supporting prior to any exploration, 
     development, or production activities; or
       (B) upon application by the lessee, to a higher or better 
     standard, as approved by the Secretary;
       (6) contain terms and conditions relating to protection of 
     fish and wildlife, fish and wildlife habitat, subsistence 
     resources, and the environment as required under section 
     112(a)(2);
       (7) provide that each lessee, and each agent and contractor 
     of a lessee, use their best efforts to provide a fair share 
     of employment and contracting for Alaska Natives and Alaska 
     Native Corporations from throughout the State of Alaska, as 
     determined by the level of obligation previously agreed to in 
     the Federal Agreement; and
       (8) contain such other provisions as the Secretary 
     determines to be necessary to ensure compliance with this 
     subtitle and regulations issued under this subtitle.
       (b) Project Labor Agreements.--The Secretary, as a term and 
     condition of each lease under this subtitle, and in 
     recognizing the

[[Page 11641]]

     proprietary interest of the Federal Government in labor 
     stability and in the ability of construction labor and 
     management to meet the particular needs and conditions of 
     projects to be developed under the leases issued pursuant to 
     this subtitle (including the special concerns of the parties 
     to those leases), shall require that each lessee, and each 
     agent and contractor of a lessee, under this subtitle 
     negotiate to obtain a project labor agreement for the 
     employment of laborers and mechanics on production, 
     maintenance, and construction under the lease.

     SEC. 116. COASTAL PLAIN ENVIRONMENTAL PROTECTION.

       (a) No Significant Adverse Effect Standard To Govern 
     Authorized Coastal Plain Activities.--In accordance with 
     section 112, the Secretary shall administer this subtitle 
     through regulations, lease terms, conditions, restrictions, 
     prohibitions, stipulations, or other provisions that--
       (1) ensure, to the maximum extent practicable, that oil and 
     gas exploration, development, and production activities on 
     the Coastal Plain will result in no significant adverse 
     effect on fish and wildlife, fish and wildlife habitat, and 
     the environment;
       (2) require the application of the best commercially 
     available technology for oil and gas exploration, 
     development, and production on all new exploration, 
     development, and production operations; and
       (3) ensure that the maximum surface acreage covered in 
     connection with the leasing program by production and support 
     facilities, including airstrips and any areas covered by 
     gravel berms or piers for support of pipelines, does not 
     exceed 2,000 acres on the Coastal Plain.
       (b) Site-Specific Assessment and Mitigation.--The Secretary 
     shall require, with respect to any proposed drilling and 
     related activities on the Coastal Plain, that--
       (1) a site-specific environmental analysis be made of the 
     probable effects, if any, that the drilling or related 
     activities will have on fish and wildlife, fish and wildlife 
     habitat, subsistence resources, subsistence uses, and the 
     environment;
       (2) a plan be implemented to avoid, minimize, and mitigate 
     (in that order and to the maximum extent practicable) any 
     significant adverse effect identified under paragraph (1); 
     and
       (3) the development of the plan occur after consultation 
     with--
       (A) each agency having jurisdiction over matters mitigated 
     by the plan;
       (B) the State of Alaska;
       (C) North Slope Borough, Alaska; and
       (D) the City of Kaktovik, Alaska.
       (c) Regulations To Protect Coastal Plain Fish and Wildlife 
     Resources, Subsistence Users, and the Environment.--Before 
     implementing the leasing program authorized by this subtitle, 
     the Secretary shall prepare and issue regulations, lease 
     terms, conditions, restrictions, prohibitions, stipulations, 
     or other measures designed to ensure, to the maximum extent 
     practicable, that the activities carried out on the Coastal 
     Plain under this subtitle are conducted in a manner 
     consistent with the purposes and environmental requirements 
     of this subtitle.
       (d) Compliance With Federal and State Environmental Laws 
     and Other Requirements.--The proposed regulations, lease 
     terms, conditions, restrictions, prohibitions, and 
     stipulations for the leasing program under this subtitle 
     shall require--
       (1) compliance with all applicable provisions of Federal 
     and State environmental law (including regulations);
       (2) implementation of and compliance with--
       (A) standards that are at least as effective as the safety 
     and environmental mitigation measures, as described in items 
     1 through 29 on pages 167 through 169 of the Final Statement, 
     on the Coastal Plain;
       (B) seasonal limitations on exploration, development, and 
     related activities, as necessary, to avoid significant 
     adverse effects during periods of concentrated fish and 
     wildlife breeding, denning, nesting, spawning, and migration;
       (C) design safety and construction standards for all 
     pipelines and any access and service roads that minimize, to 
     the maximum extent practicable, adverse effects on--
       (i) the passage of migratory species (such as caribou); and
       (ii) the flow of surface water by requiring the use of 
     culverts, bridges, or other structural devices;
       (D) prohibitions on general public access to, and use of, 
     all pipeline access and service roads;
       (E) stringent reclamation and rehabilitation requirements 
     in accordance with this subtitle for the removal from the 
     Coastal Plain of all oil and gas development and production 
     facilities, structures, and equipment on completion of oil 
     and gas production operations, except in a case in which the 
     Secretary determines that those facilities, structures, or 
     equipment--
       (i) would assist in the management of the Arctic National 
     Wildlife Refuge; and
       (ii) are donated to the United States for that purpose;
       (F) appropriate prohibitions or restrictions on--
       (i) access by all modes of transportation;
       (ii) sand and gravel extraction; and
       (iii) use of explosives;
       (G) reasonable stipulations for protection of cultural and 
     archaeological resources;
       (H) measures to protect groundwater and surface water, 
     including--
       (i) avoidance, to the maximum extent practicable, of 
     springs, streams, and river systems;
       (ii) the protection of natural surface drainage patterns 
     and wetland and riparian habitats; and
       (iii) the regulation of methods or techniques for 
     developing or transporting adequate supplies of water for 
     exploratory drilling; and
       (I) research, monitoring, and reporting requirements;
       (3) that exploration activities (except surface geological 
     studies) be limited to the period between approximately 
     November 1 and May 1 of each year and be supported, if 
     necessary, by ice roads, winter trails with adequate snow 
     cover, ice pads, ice airstrips, and air transport methods 
     (except that those exploration activities may be permitted at 
     other times if the Secretary determines that the exploration 
     will have no significant adverse effect on fish and wildlife, 
     fish and wildlife habitat, subsistence resources, and the 
     environment of the Coastal Plain);
       (4) consolidation of facility siting;
       (5) avoidance or reduction of air traffic-related 
     disturbance to fish and wildlife;
       (6) treatment and disposal of hazardous and toxic wastes, 
     solid wastes, reserve pit fluids, drilling muds and cuttings, 
     and domestic wastewater, including, in accordance with 
     applicable Federal and State environmental laws (including 
     regulations)--
       (A) preparation of an annual waste management report;
       (B) development and implementation of a hazardous materials 
     tracking system; and
       (C) prohibition on the use of chlorinated solvents;
       (7) fuel storage and oil spill contingency planning;
       (8) conduct of periodic field crew environmental briefings;
       (9) avoidance of significant adverse effects on subsistence 
     hunting, fishing, and trapping;
       (10) compliance with applicable air and water quality 
     standards;
       (11) appropriate seasonal and safety zone designations 
     around well sites, within which subsistence hunting and 
     trapping shall be limited; and
       (12) development and implementation of such other 
     protective environmental requirements, restrictions, terms, 
     or conditions as the Secretary, after consultation with the 
     State of Alaska, North Slope Borough, Alaska, and the City of 
     Kaktovik, Alaska, determines to be necessary.
       (e) Considerations.--In preparing and issuing regulations, 
     lease terms, conditions, restrictions, prohibitions, or 
     stipulations under this section, the Secretary shall take 
     into consideration--
       (1) the stipulations and conditions that govern the 
     National Petroleum Reserve-Alaska leasing program, as set 
     forth in the 1999 Northeast National Petroleum Reserve-Alaska 
     Final Integrated Activity Plan/Environmental Impact 
     Statement;
       (2) the environmental protection standards that governed 
     the initial Coastal Plain seismic exploration program under 
     parts 37.31 through 37.33 of title 50, Code of Federal 
     Regulations (or successor regulations); and
       (3) the land use stipulations for exploratory drilling on 
     the KIC-ASRC private land described in Appendix 2 of the 
     agreement between Arctic Slope Regional Corporation and the 
     United States dated August 9, 1983.
       (f) Facility Consolidation Planning.--
       (1) In general.--After providing for public notice and 
     comment, the Secretary shall prepare and periodically update 
     a plan to govern, guide, and direct the siting and 
     construction of facilities for the exploration, development, 
     production, and transportation of oil and gas resources from 
     the Coastal Plain.
       (2) Objectives.--The objectives of the plan shall be--
       (A) the avoidance of unnecessary duplication of facilities 
     and activities;
       (B) the encouragement of consolidation of common facilities 
     and activities;
       (C) the location or confinement of facilities and 
     activities to areas that will minimize impact on fish and 
     wildlife, fish and wildlife habitat, subsistence resources, 
     and the environment;
       (D) the use of existing facilities, to the maximum extent 
     practicable; and
       (E) the enhancement of compatibility between wildlife 
     values and development activities.
       (g) Access to Public Land.--The Secretary shall--
       (1) manage public land in the Coastal Plain in accordance 
     with subsections (a) and (b) of section 811 of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3121); 
     and
       (2) ensure that local residents shall have reasonable 
     access to public land in the Coastal Plain for traditional 
     uses.

     SEC. 117. EXPEDITED JUDICIAL REVIEW.

       (a) Filing of Complaints.--
       (1) Deadline.--A complaint seeking judicial review of a 
     provision of this subtitle or an action of the Secretary 
     under this subtitle shall be filed--

[[Page 11642]]

       (A) except as provided in subparagraph (B), during the 90-
     day period beginning on the date on which the action being 
     challenged was carried out; or
       (B) in the case of a complaint based solely on grounds 
     arising after the 90-day period described in subparagraph 
     (A), during the 90-day period beginning on the date on which 
     the complainant knew or reasonably should have known about 
     the grounds for the complaint.
       (2) Venue.--A complaint seeking judicial review of a 
     provision of this subtitle or an action of the Secretary 
     under this subtitle shall be filed in the United States Court 
     of Appeals for the District of Columbia.
       (3) Scope.--
       (A) In general.--Judicial review of a decision of the 
     Secretary under this subtitle (including an environmental 
     analysis of such a lease sale) shall be--
       (i) limited to a review of whether the decision is in 
     accordance with this subtitle; and
       (ii) based on the administrative record of the decision.
       (B) Presumptions.--Any identification by the Secretary of a 
     preferred course of action relating to a lease sale, and any 
     analysis by the Secretary of environmental effects, under 
     this subtitle shall be presumed to be correct unless proven 
     otherwise by clear and convincing evidence.
       (b) Limitation on Other Review.--Any action of the 
     Secretary that is subject to judicial review under this 
     section shall not be subject to judicial review in any civil 
     or criminal proceeding for enforcement.

     SEC. 118. RIGHTS-OF-WAY AND EASEMENTS ACROSS COASTAL PLAIN.

       For purposes of section 1102(4)(A) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3162(4)(A)), any 
     rights-of-way or easements across the Coastal Plain for the 
     exploration, development, production, or transportation of 
     oil and gas shall be considered to be established incident to 
     the management of the Coastal Plain under this section.

     SEC. 119. CONVEYANCE.

       Notwithstanding section 1302(h)(2) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), to 
     remove any cloud on title to land, and to clarify land 
     ownership patterns in the Coastal Plain, the Secretary 
     shall--
       (1) to the extent necessary to fulfill the entitlement of 
     the Kaktovik Inupiat Corporation under sections 12 and 14 of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 
     1613), as determined by the Secretary, convey to that 
     Corporation the surface estate of the land described in 
     paragraph (1) of Public Land Order 6959, in accordance with 
     the terms and conditions of the agreement between the 
     Secretary, the United States Fish and Wildlife Service, the 
     Bureau of Land Management, and the Kaktovik Inupiat 
     Corporation, dated January 22, 1993; and
       (2) convey to the Arctic Slope Regional Corporation the 
     remaining subsurface estate to which that Corporation is 
     entitled under the agreement between that corporation and the 
     United States, dated August 9, 1983.

     SEC. 120. LOCAL GOVERNMENT IMPACT AID AND COMMUNITY SERVICE 
                   ASSISTANCE.

       (a) Establishment of Fund.--
       (1) In general.--As a condition on the receipt of funds 
     under section 122(2), the State of Alaska shall establish in 
     the treasury of the State, and administer in accordance with 
     this section, a fund to be known as the ``Coastal Plain Local 
     Government Impact Aid Assistance Fund'' (referred to in this 
     section as the ``Fund'').
       (2) Deposits.--Subject to paragraph (1), the Secretary of 
     the Treasury shall deposit into the Fund, $35,000,000 each 
     year from the amount available under section 122(2)(A).
       (3) Investment.--The Governor of the State of Alaska 
     (referred to in this section as the ``Governor'') shall 
     invest amounts in the Fund in interest-bearing securities of 
     the United States or the State of Alaska.
       (b) Assistance.--The Governor, in cooperation with the 
     Mayor of the North Slope Borough, shall use amounts in the 
     Fund to provide assistance to North Slope Borough, Alaska, 
     the City of Kaktovik, Alaska, and any other borough, 
     municipal subdivision, village, or other community in the 
     State of Alaska that is directly impacted by exploration for, 
     or the production of, oil or gas on the Coastal Plain under 
     this subtitle, or any Alaska Native Regional Corporation 
     acting on behalf of the villages and communities within its 
     region whose lands lie along the right of way of the Trans 
     Alaska Pipeline System, as determined by the Governor.
       (c) Application.--
       (1) In general.--To receive assistance under subsection 
     (b), a community or Regional Corporation described in that 
     subsection shall submit to the Governor, or to the Mayor of 
     the North Slope Borough, an application in such time, in such 
     manner, and containing such information as the Governor may 
     require.
       (2) Action by north slope borough.--The Mayor of the North 
     Slope Borough shall submit to the Governor each application 
     received under paragraph (1) as soon as practicable after the 
     date on which the application is received.
       (3) Assistance of governor.--The Governor shall assist 
     communities in submitting applications under this subsection, 
     to the maximum extent practicable.
       (d) Use of Funds.--A community or Regional Corporation that 
     receives funds under subsection (b) may use the funds--
       (1) to plan for mitigation, implement a mitigation plan, or 
     maintain a mitigation project to address the potential 
     effects of oil and gas exploration and development on 
     environmental, social, cultural, recreational, and 
     subsistence resources of the community;
       (2) to develop, carry out, and maintain--
       (A) a project to provide new or expanded public facilities; 
     or
       (B) services to address the needs and problems associated 
     with the effects described in paragraph (1), including 
     firefighting, police, water and waste treatment, first 
     responder, and other medical services;
       (3) to compensate residents of the Coastal Plain for 
     significant damage to environmental, social, cultural, 
     recreational, or subsistence resources; and
       (4) in the City of Kaktovik, Alaska--
       (A) to develop a mechanism for providing members of the 
     Kaktovikmiut Inupiat community an opportunity to--
       (i) monitor development on the Coastal Plain; and
       (ii) provide information and recommendations to the 
     Governor based on traditional aboriginal knowledge of the 
     natural resources, flora, fauna, and ecological processes of 
     the Coastal Plain; and
       (B) to establish a local coordination office, to be managed 
     by the Mayor of the North Slope Borough, in coordination with 
     the City of Kaktovik, Alaska--
       (i) to coordinate with and advise developers on local 
     conditions and the history of areas affected by development;
       (ii) to provide to the Committee on Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate annual reports on the status of the 
     coordination between developers and communities affected by 
     development;
       (iii) to collect from residents of the Coastal Plain 
     information regarding the impacts of development on fish, 
     wildlife, habitats, subsistence resources, and the 
     environment of the Coastal Plain; and
       (iv) to ensure that the information collected under clause 
     (iii) is submitted to--

       (I) developers; and
       (II) any appropriate Federal agency.

     SEC. 121. PROHIBITION ON EXPORTS.

       An oil or gas lease issued under this subtitle shall 
     prohibit the exportation of oil or gas produced under the 
     lease.

     SEC. 122. ALLOCATION OF REVENUES.

       Notwithstanding the Mineral Leasing Act (30 U.S.C. 181 et 
     seq.) or any other provision of law, of the adjusted bonus, 
     rental, and royalty receipts from Federal oil and gas leasing 
     and operations authorized under this subtitle:
       (1) 50 percent shall be deposited in the general fund of 
     the Treasury.
       (2) The remainder shall be available as follows:
       (A) $35,000,000 shall be deposited by the Secretary of the 
     Treasury into the fund created under section 120(a)(1).
       (B) The remainder shall be disbursed to the State of 
     Alaska.

                         Subtitle C--Permitting

     SEC. 131. REFINERY PERMITTING PROCESS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (3) Permit.--The term ``permit'' means any permit, license, 
     approval, variance, or other form of authorization that a 
     refiner is required to obtain--
       (A) under any Federal law; or
       (B) from a State or Indian tribal government agency 
     delegated authority by the Federal Government, or authorized 
     under Federal law, to issue permits.
       (4) Refiner.--The term ``refiner'' means a person that--
       (A) owns or operates a refinery; or
       (B) seeks to become an owner or operator of a refinery.
       (5) Refinery.--
       (A) In general.--The term ``refinery'' means--
       (i) a facility at which crude oil is refined into 
     transportation fuel or other petroleum products; and
       (ii) a coal liquification or coal-to-liquid facility at 
     which coal is processed into synthetic crude oil or any other 
     fuel.
       (B) Inclusions.--The term ``refinery'' includes an 
     expansion of a refinery.
       (6) Refinery expansion.--The term ``refinery expansion'' 
     means a physical change in a refinery that results in an 
     increase in the capacity of the refinery.
       (7) Refinery permitting agreement.--The term ``refinery 
     permitting agreement'' means an agreement entered into 
     between the Administrator and a State or Indian tribe under 
     subsection (b).
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (9) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;

[[Page 11643]]

       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.
       (b) Streamlining of Refinery Permitting Process.--
       (1) In general.--At the request of the Governor of a State 
     or the governing body of an Indian tribe, the Administrator 
     shall enter into a refinery permitting agreement with the 
     State or Indian tribe under which the process for obtaining 
     all permits necessary for the construction and operation of a 
     refinery shall be streamlined using a systematic 
     interdisciplinary multimedia approach as provided in this 
     section.
       (2) Authority of administrator.--Under a refinery 
     permitting agreement--
       (A) the Administrator shall have authority, as applicable 
     and necessary, to--
       (i) accept from a refiner a consolidated application for 
     all permits that the refiner is required to obtain to 
     construct and operate a refinery;
       (ii) in consultation and cooperation with each Federal, 
     State, or Indian tribal government agency that is required to 
     make any determination to authorize the issuance of a permit, 
     establish a schedule under which each agency shall--

       (I) concurrently consider, to the maximum extent 
     practicable, each determination to be made; and
       (II) complete each step in the permitting process; and

       (iii) issue a consolidated permit that combines all permits 
     issued under the schedule established under clause (ii); and
       (B) the Administrator shall provide to State and Indian 
     tribal government agencies--
       (i) financial assistance in such amounts as the agencies 
     reasonably require to hire such additional personnel as are 
     necessary to enable the government agencies to comply with 
     the applicable schedule established under subparagraph 
     (A)(ii); and
       (ii) technical, legal, and other assistance in complying 
     with the refinery permitting agreement.
       (3) Agreement by the state.--Under a refinery permitting 
     agreement, a State or governing body of an Indian tribe shall 
     agree that--
       (A) the Administrator shall have each of the authorities 
     described in paragraph (2); and
       (B) each State or Indian tribal government agency shall--
       (i) in accordance with State law, make such structural and 
     operational changes in the agencies as are necessary to 
     enable the agencies to carry out consolidated project-wide 
     permit reviews concurrently and in coordination with the 
     Environmental Protection Agency and other Federal agencies; 
     and
       (ii) comply, to the maximum extent practicable, with the 
     applicable schedule established under paragraph (2)(A)(ii).
       (4) Deadlines.--
       (A) New refineries.--In the case of a consolidated permit 
     for the construction of a new refinery, the Administrator and 
     the State or governing body of an Indian tribe shall approve 
     or disapprove the consolidated permit not later than--
       (i) 360 days after the date of the receipt of the 
     administratively complete application for the consolidated 
     permit; or
       (ii) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 90 days 
     after the expiration of the deadline established under clause 
     (i).
       (B) Expansion of existing refineries.--In the case of a 
     consolidated permit for the expansion of an existing 
     refinery, the Administrator and the State or governing body 
     of an Indian tribe shall approve or disapprove the 
     consolidated permit not later than--
       (i) 120 days after the date of the receipt of the 
     administratively complete application for the consolidated 
     permit; or
       (ii) on agreement of the applicant, the Administrator, and 
     the State or governing body of the Indian tribe, 30 days 
     after the expiration of the deadline established under clause 
     (i).
       (5) Federal agencies.--Each Federal agency that is required 
     to make any determination to authorize the issuance of a 
     permit shall comply with the applicable schedule established 
     under paragraph (2)(A)(ii).
       (6) Judicial review.--Any civil action for review of any 
     permit determination under a refinery permitting agreement 
     shall be brought exclusively in the United States district 
     court for the district in which the refinery is located or 
     proposed to be located.
       (7) Efficient permit review.--In order to reduce the 
     duplication of procedures, the Administrator shall use State 
     permitting and monitoring procedures to satisfy substantially 
     equivalent Federal requirements under this title.
       (8) Severability.--If 1 or more permits that are required 
     for the construction or operation of a refinery are not 
     approved on or before any deadline established under 
     paragraph (4), the Administrator may issue a consolidated 
     permit that combines all other permits that the refiner is 
     required to obtain other than any permits that are not 
     approved.
       (9) Savings.--Nothing in this subsection affects the 
     operation or implementation of otherwise applicable law 
     regarding permits necessary for the construction and 
     operation of a refinery.
       (10) Consultation with local governments.--Congress 
     encourages the Administrator, States, and tribal governments 
     to consult, to the maximum extent practicable, with local 
     governments in carrying out this subsection.
       (11) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subsection.
       (12) Effect on local authority.--Nothing in this subsection 
     affects--
       (A) the authority of a local government with respect to the 
     issuance of permits; or
       (B) any requirement or ordinance of a local government 
     (such as a zoning regulation).
       (c) Fischer-Tropsch Fuels.--
       (1) In general.--In cooperation with the Secretary of 
     Energy, the Secretary of Defense, the Administrator of the 
     Federal Aviation Administration, Secretary of Health and 
     Human Services, and Fischer-Tropsch industry representatives, 
     the Administrator shall--
       (A) conduct a research and demonstration program to 
     evaluate the air quality benefits of ultra-clean Fischer-
     Tropsch transportation fuel, including diesel and jet fuel;
       (B) evaluate the use of ultra-clean Fischer-Tropsch 
     transportation fuel as a mechanism for reducing engine 
     exhaust emissions; and
       (C) submit recommendations to Congress on the most 
     effective use and associated benefits of these ultra-clean 
     fuel for reducing public exposure to exhaust emissions.
       (2) Guidance and technical support.--The Administrator 
     shall, to the extent necessary, issue any guidance or 
     technical support documents that would facilitate the 
     effective use and associated benefit of Fischer-Tropsch fuel 
     and blends.
       (3) Requirements.--The program described in paragraph (1) 
     shall consider--
       (A) the use of neat (100 percent) Fischer-Tropsch fuel and 
     blends with conventional crude oil-derived fuel for heavy-
     duty and light-duty diesel engines and the aviation sector; 
     and
       (B) the production costs associated with domestic 
     production of those ultra clean fuel and prices for 
     consumers.
       (4) Reports.--The Administrator shall submit to the 
     Committee on Environment and Public Works and the Committee 
     on Energy and Natural Resources of the Senate and the 
     Committee on Energy and Commerce of the House of 
     Representatives--
       (A) not later than 1 year, an interim report on actions 
     taken to carry out this subsection; and
       (B) not later than 2 years, a final report on actions taken 
     to carry out this subsection.

     SEC. 132. REMOVAL OF ADDITIONAL FEE FOR NEW APPLICATIONS FOR 
                   PERMITS TO DRILL.

       The second undesignated paragraph of the matter under the 
     heading ``management of lands and resources'' under the 
     heading ``Bureau of Land Management'' of title I of the 
     Department of the Interior, Environment, and Related Agencies 
     Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 2098) 
     is amended by striking ``to be reduced'' and all that follows 
     through ``each new application,''.

                Subtitle D--Restoration of State Revenue

     SEC. 141. RESTORATION OF STATE REVENUE.

       The matter under the heading ``administrative provisions'' 
     under the heading ``Minerals Management Service'' of title I 
     of the Department of the Interior, Environment, and Related 
     Agencies Appropriations Act, 2008 (Public Law 110-161; 121 
     Stat. 2109) is amended by striking ``Notwithstanding'' and 
     all that follows through ``Treasury.''.

                    TITLE II--ALTERNATIVE RESOURCES

       Subtitle A--Renewable Fuel and Advanced Energy Technology

     SEC. 201. DEFINITION OF RENEWABLE BIOMASS.

       Section 211(o)(1) of the Clean Air Act (42 U.S.C. 
     7545(o)(1)) is amended by striking subparagraph (I) and 
     inserting the following:
       ``(I) Renewable biomass.--The term `renewable biomass' 
     means--
       ``(i) nonmerchantable materials or precommercial thinnings 
     that--

       ``(I) are byproducts of preventive treatments, such as 
     trees, wood, brush, thinnings, chips, and slash, that are 
     removed--

       ``(aa) to reduce hazardous fuels;
       ``(bb) to reduce or contain disease or insect infestation; 
     or
       ``(cc) 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))--

       ``(aa) where permitted by law; and
       ``(bb) in accordance with applicable land management plans 
     and the requirements for old-growth maintenance, restoration, 
     and management direction of paragraphs (2), (3), and (4) of 
     subsection (e) and the requirements for large-tree retention 
     of subsection (f) of section 102 of the Healthy Forests 
     Restoration Act of 2003 (16 U.S.C. 6512); or
       ``(ii) any organic matter that is available on a renewable 
     or recurring basis from non-Federal land or from land 
     belonging to an Indian tribe, or an Indian individual, that 
     is held in trust by the United States or subject to a 
     restriction against alienation imposed by the United States, 
     including--

[[Page 11644]]

       ``(I) renewable plant material, including--

       ``(aa) feed grains;
       ``(bb) other agricultural commodities;
       ``(cc) other plants and trees; and
       ``(dd) algae; and

       ``(II) waste material, including--

       ``(aa) crop residue;
       ``(bb) other vegetative waste material (including wood 
     waste and wood residues);
       ``(cc) animal waste and byproducts (including fats, oils, 
     greases, and manure); and
       ``(dd) food waste and yard waste.''.

     SEC. 202. ADVANCED BATTERY MANUFACTURING INCENTIVE PROGRAM.

       (a) Definitions.--In this section:
       (1) Advanced battery.--The term ``advanced battery'' means 
     an electrical storage device suitable for vehicle 
     applications.
       (2) Engineering integration costs.--The term ``engineering 
     integration costs'' includes the cost of engineering tasks 
     relating to--
       (A) incorporation of qualifying components into the design 
     of advanced batteries; and
       (B) design of tooling and equipment and developing 
     manufacturing processes and material suppliers for production 
     facilities that produce qualifying components or advanced 
     batteries.
       (b) Advanced Battery Manufacturing Facility.--The Secretary 
     shall provide facility funding awards under this section to 
     advanced battery manufacturers to pay not more than 30 
     percent of the cost of reequipping, expanding, or 
     establishing a manufacturing facility in the United States to 
     produce advanced batteries.
       (c) Period of Availability.--An award under subsection (b) 
     shall apply to--
       (1) facilities and equipment placed in service before 
     December 30, 2020; and
       (2) engineering integration costs incurred during the 
     period beginning on the date of enactment of this Act and 
     ending on December 30, 2020.
       (d) Direct Loan Program.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and subject to the availability of 
     appropriated funds, the Secretary shall carry out a program 
     to provide a total of not more than $25,000,000 in loans to 
     eligible individuals and entities (as determined by the 
     Secretary) for the costs of activities described in 
     subsection (b).
       (2) Selection of eligible projects.--The Secretary shall 
     select eligible projects to receive loans under this 
     subsection in cases in which, as determined by the Secretary, 
     the award recipient--
       (A) is financially viable without the receipt of additional 
     Federal funding associated with the proposed project;
       (B) will provide sufficient information to the Secretary 
     for the Secretary to ensure that the qualified investment is 
     expended efficiently and effectively; and
       (C) has met such other criteria as may be established and 
     published by the Secretary.
       (3) Rates, terms, and repayment of loans.--A loan provided 
     under this subsection--
       (A) shall have an interest rate that, as of the date on 
     which the loan is made, is equal to the cost of funds to the 
     Department of the Treasury for obligations of comparable 
     maturity;
       (B) shall have a term equal to the lesser of--
       (i) the projected life, in years, of the eligible project 
     to be carried out using funds from the loan, as determined by 
     the Secretary; and
       (ii) 25 years;
       (C) may be subject to a deferral in repayment for not more 
     than 5 years after the date on which the eligible project 
     carried out using funds from the loan first begins 
     operations, as determined by the Secretary; and
       (D) shall be made by the Federal Financing Bank.
       (e) Fees.--The cost of administering a loan made under this 
     section shall not exceed $100,000.
       (f) Set Aside for Small Manufacturers.--
       (1) Definition of covered firm.--In this subsection, the 
     term ``covered firm'' means a firm that--
       (A) employs fewer than 500 individuals; and
       (B) manufactures automobiles or components of automobiles.
       (2) Set aside.--Of the amount of funds used to provide 
     awards for each fiscal year under subsection (b), the 
     Secretary shall use not less than 10 percent to provide 
     awards to covered firms or consortia led by a covered firm.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2009 through 2013.

     SEC. 203. BIOFUELS INFRASTRUCTURE AND ADDITIVES RESEARCH AND 
                   DEVELOPMENT.

       (a) In General.--The Assistant Administrator of the Office 
     of Research and Development of the Environmental Protection 
     Agency (referred to in this section as the ``Assistant 
     Administrator''), in consultation with the Secretary and the 
     National Institute of Standards and Technology, shall carry 
     out a program of research and development of materials to be 
     added to biofuels to make the biofuels more compatible with 
     infrastructure used to store and deliver petroleum-based 
     fuels to the point of final sale.
       (b) Requirements.--In carrying out the program described in 
     subsection (a), the Assistant Administrator shall address--
       (1) materials to prevent or mitigate--
       (A) corrosion of metal, plastic, rubber, cork, fiberglass, 
     glues, or any other material used in pipes and storage tanks;
       (B) dissolving of storage tank sediments;
       (C) clogging of filters;
       (D) contamination from water or other adulterants or 
     pollutants;
       (E) poor flow properties relating to low temperatures;
       (F) oxidative and thermal instability in long-term storage 
     and use; and
       (G) microbial contamination;
       (2) problems associated with electrical conductivity;
       (3) alternatives to conventional methods for refurbishment 
     and cleaning of gasoline and diesel tanks, including tank 
     lining applications;
       (4) strategies to minimize emissions from infrastructure;
       (5) issues with respect to certification by a nationally 
     recognized testing laboratory of components for fuel-
     dispensing devises that specifically reference compatibility 
     with alcohol-blended fuels and other biofuels that contain 
     greater than 15 percent alcohol;
       (6) challenges for design, reforming, storage, handling, 
     and dispensing hydrogen fuel from various feedstocks, 
     including biomass, from neighborhood fueling stations, 
     including codes and standards development necessary beyond 
     that carried out under section 809 of the Energy Policy Act 
     of 2005 (42 U.S.C. 16158);
       (7) issues with respect to at which point in the fuel 
     supply chain additives optimally should be added to fuels; 
     and
       (8) other problems, as identified by the Assistant 
     Administrator, in consultation with the Secretary and the 
     National Institute of Standards and Technology.

     SEC. 204. STUDY OF INCREASED CONSUMPTION OF ETHANOL-BLENDED 
                   GASOLINE WITH HIGHER LEVELS OF ETHANOL.

       (a) In General.--The Secretary, in cooperation with the 
     Secretary of Agriculture, the Administrator of the 
     Environmental Protection Agency, and the Secretary of 
     Transportation, and after providing notice and an opportunity 
     for public comment, shall conduct a study of the feasibility 
     of increasing consumption in the United States of ethanol-
     blended gasoline with levels of ethanol that are not less 
     than 10 percent and not more than 40 percent.
       (b) Study.--The study under subsection (a) shall include--
       (1) a review of production and infrastructure constraints 
     on increasing consumption of ethanol;
       (2) an evaluation of the economic, market, and energy-
     related impacts of State and regional differences in ethanol 
     blends;
       (3) an evaluation of the economic, market, and energy-
     related impacts on gasoline retailers and consumers of 
     separate and distinctly labeled fuel storage facilities and 
     dispensers;
       (4) an evaluation of the environmental impacts of mid-level 
     ethanol blends on evaporative and exhaust emissions from on-
     road, off-road, and marine engines, recreational boats, 
     vehicles, and equipment;
       (5) an evaluation of the impacts of mid-level ethanol 
     blends on the operation, durability, and performance of on-
     road, off-road, and marine engines, recreational boats, 
     vehicles, and equipment;
       (6) an evaluation of the safety impacts of mid-level 
     ethanol blends on consumers that own and operate off-road and 
     marine engines, recreational boats, vehicles, or equipment; 
     and
       (7) an evaluation of the impacts of increased use of 
     renewable fuels derived from food crops on the price and 
     supply of agricultural commodities in both domestic and 
     global markets.
       (c) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report describing the results of the study conducted under 
     this section.

     SEC. 205. STUDY OF DIESEL VEHICLE ATTRIBUTES.

       (a) In General.--The Secretary, in consultation with the 
     Administrator of the Environmental Protection Agency and the 
     Secretary of Transportation, shall conduct a study to 
     identify--
       (1) the environmental and efficiency attributes of diesel-
     fueled vehicles as the vehicles compare to comparable 
     gasoline fueled, E-85 fueled, and hybrid vehicles;
       (2) the technical, economic, regulatory, environmental, and 
     other obstacles to increasing the usage of diesel-fueled 
     vehicles;
       (3) the legislative, administrative, and other actions that 
     could reduce or eliminate the obstacles identified under 
     paragraph (2); and
       (4) the costs and benefits associated with reducing or 
     eliminating the obstacles identified under paragraph (2).
       (b) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report describing the results of the study 
     conducted under subsection (a).

[[Page 11645]]

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

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

     SEC. 211. SHORT TITLE.

       This subtitle may be cited as the ``Clean Coal-Derived 
     Fuels for Energy Security Act of 2008''.

     SEC. 212. 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. 213. 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 result in life 
     cycle greenhouse gas emissions that are not greater than 
     gasoline; and
       (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 2015 through 2022.--For the purpose of 
     this subsection, the applicable volume for any of calendar 
     years 2015 through 2022 shall be determined in accordance 
     with the following table:

                                             Applicable volume of clean
                                                      coal-derived fuel
Calendar year:                                (in billions of gallons):
  2015............................................................0.75 
  2016.............................................................1.5 
  2017............................................................2.25 
  2018............................................................3.00 
  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 2015 
     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 
     2015 through 2021, the Administrator of the Energy 
     Information 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 2015 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.--

[[Page 11646]]

       (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.

                         Subtitle C--Oil Shale

     SEC. 221. REMOVAL OF PROHIBITION ON FINAL REGULATIONS FOR 
                   COMMERCIAL LEASING PROGRAM FOR OIL SHALE 
                   RESOURCES ON PUBLIC LAND.

       Section 433 of the Department of the Interior, Environment, 
     and Related Agencies Appropriations Act, 2008 (Public Law 
     110-161; 121 Stat. 2152) is repealed.

Subtitle D--Department of Defense Facilitation of Secure Domestic Fuel 
                              Development

     SEC. 231. PROCUREMENT AND ACQUISITION OF ALTERNATIVE FUELS.

       Section 526 of the Energy Independence and Security Act of 
     2007 (42 U.S.C. 17142) is repealed.

     SEC. 232. MULTIYEAR CONTRACT AUTHORITY FOR THE DEPARTMENT OF 
                   DEFENSE FOR THE PROCUREMENT OF SYNTHETIC FUELS.

       (a) Multiyear Contracts for the Procurement of Synthetic 
     Fuels Authorized.--
       (1) In general.--Chapter 141 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2410r. Multiyear contract authority: purchase of 
       synthetic fuels

       ``(a) Multiyear Contracts Authorized.--The head of an 
     agency may enter into contracts for a period not to exceed 25 
     years for the purchase of synthetic fuels.
       ``(b) Definitions.--In this section:
       ``(1) The term `head of an agency' has the meaning given 
     that term in section 2302(1) of this title.
       ``(2) The term `synthetic fuel' means any liquid, gas, or 
     combination thereof that--
       ``(A) can be used as a substitute for petroleum or natural 
     gas (or any derivative thereof, including chemical 
     feedstocks); and
       ``(B) is produced by chemical or physical transformation of 
     domestic sources of energy.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 141 of such title is amended by adding 
     at the end the following new item:

``2410r. Multiyear contract authority: purchase of synthetic fuels.''.
       (b) Regulations.--Not later than 120 days after the date of 
     the enactment of this Act, the Secretary of Defense shall 
     prescribe regulations providing that the head of an agency 
     may initiate a multiyear contract as authorized by section 
     2410r of title 10, United States Code (as added by subsection 
     (a)), only if the head of the agency has determined in 
     writing that--
       (1) there is a reasonable expectation that throughout the 
     contemplated contract period the head of the agency will 
     request funding for the contract at the level required to 
     avoid contract cancellation;
       (2) the technical risks associated with the technologies 
     for the production of synthetic fuel under the contract are 
     not excessive; and
       (3) the contract will contain appropriate pricing 
     mechanisms to minimize risk to the Government from 
     significant changes in market prices for energy.
       (c) Limitation on Use of Authority.--No contract may be 
     entered into under the authority in section 2410r of title 
     10, United States Code (as so added), until the regulations 
     required by subsection (b) are prescribed.
                                 ______
                                 
  SA 4875. Mr. DOMENICI (for himself and Mr. Corker) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 64, strike lines 6 through 13 and insert the 
     following:
       (c) Legal Status of Emission Allowances.--Noth-
                                 ______
                                 
  SA 4876. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

               TITLE XVIII--CLEAN ENERGY INVESTMENT BANK

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Clean Energy Investment 
     Bank Act of 2008''.

     SEC. 1802. DEFINITIONS.

       In this title:
       (1) Bank.--The term ``Bank'' means the Clean Energy 
     Investment Bank of the United States established by section 
     1803(a).
       (2) Board.--The term ``Board'' means the Board of Directors 
     of the Bank established under section 1804(b).
       (3) Clean energy investment bank fund.--The term ``Clean 
     Energy Investment Bank Fund'' means the revolving fund 
     account established under section 1806(b).
       (4) Commercial technology.--The term ``commercial 
     technology'' means a technology in general use in the 
     commercial marketplace.
       (5) Eligible project.--The term ``eligible project'' means 
     a project in a State related to the production or use of 
     energy that uses a commercial technology that the Bank 
     determines avoids, reduces, or sequesters 1 or more air 
     pollutants or anthropogenic emissions of greenhouse gases 
     more effectively than other technology options available to 
     the project developer.
       (6) Investment.--The term ``investment'' includes any 
     contribution or commitment to an eligible project in the form 
     of--
       (A) loans or loan guarantees;
       (B) the purchase of equity shares in the project;
       (C) participation in royalties, earnings, or profits; or
       (D) furnishing commodities, services or other rights under 
     a lease or other contract.
       (7) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

     SEC. 1803. ESTABLISHMENT OF BANK.

       (a) Establishment.--
       (1) In general.--There is established in the Executive 
     branch a bank to be known as the ``Clean Energy Investment 
     Bank of the United States,'' which shall be an agency of the 
     United States.
       (2) Government corporation.--The Bank shall be--
       (A) a Government corporation (as defined in section 103 of 
     title 5, United States Code); and
       (B) subject to chapter 91 of title 31, United States Code, 
     except as expressly provided in this title.

[[Page 11647]]

       (b) Authority.--
       (1) In general.--The Bank shall assist in the financing, 
     and facilitate the commercial use, of clean energy and energy 
     efficient technologies within the United States.
       (2) Assistance for eligible projects.--The Bank may make 
     investments--
       (A) in eligible projects on such terms and conditions as 
     the Bank considers appropriate in accordance with this title; 
     or
       (B) under title XVII of the Energy Policy Act of 2005 (42 
     U.S.C. 16511 et seq.), and any of the regulations promulgated 
     under that Act, as the Bank considers appropriate.
       (3) Repayment.--No loan or loan guarantee shall be made 
     under this subsection unless the Bank determines that there 
     is a reasonable prospect of repayment of the principal and 
     interest by the borrower.
       (4) Project diversity.--The Bank shall ensure that a 
     reasonable diversity of projects, technologies, and energy 
     sectors receive assistance under this subsection.
       (c) Powers.--In carrying out this title, the Bank may--
       (1) conduct a general banking business (other than currency 
     circulation), including--
       (A) borrowing and lending money;
       (B) issuing letters of credit;
       (C) accepting bills and drafts drawn upon the Bank;
       (D) purchasing, discounting, rediscounting, selling, and 
     negotiating, with or without endorsement or guaranty, and 
     guaranteeing, notes, drafts, checks, bills of exchange, 
     acceptances (including bankers' acceptances), cable 
     transfers, and other evidences of indebtedness;
       (E) issuing guarantees, insurance, coinsurance, and 
     reinsurance;
       (F) purchasing and selling securities; and
       (G) receiving deposits;
       (2) make investments in eligible projects on a self-
     sustaining basis, taking into account the financing 
     operations of the Bank and the economic and financial 
     soundness of projects;
       (3) use private credit, investment institutions, and the 
     guarantee authority of the Bank as the principal means of 
     mobilizing capital investment funds;
       (4) broaden private participation and revolve the funds of 
     the Bank through selling the direct investments of the Bank 
     to private investors whenever the Bank can appropriately do 
     so on satisfactory terms;
       (5) conduct the insurance operations of the Bank with due 
     regard to principles of risk management, including efforts to 
     share the insurance risks of the Bank;
       (6) foster private initiative and competition and 
     discourage monopolistic practices; and
       (7) advise and assist interested agencies of the United 
     States and other organizations, public and private and 
     national and international, with respect to projects and 
     programs relating to the development of private enterprise in 
     the market sector in accordance with this title.

     SEC. 1804. ORGANIZATION AND MANAGEMENT.

       (a) Structure of Bank.--The Bank shall have--
       (1) a Board of Directors;
       (2) a President;
       (3) an Executive Vice President; and
       (4) such other officers and staff as the Board may 
     determine.
       (b) Board of Directors.--
       (1) Establishment.--There is established a Board of 
     Directors of the Bank to exercise all powers of the Bank.
       (2) Composition.--
       (A) In general.--The Board shall be composed of 7 members, 
     of whom--
       (i) 5 members shall be independent directors appointed by 
     the President of the United States, by and with the advice 
     and consent of the Senate (referred to in this subsection as 
     ``independent directors''; and
       (ii) 2 members shall be the President of the Bank and the 
     Executive Vice President of the Bank, appointed by the 
     independent directors.
       (B) Federal employment.--An independent director shall not 
     be an officer or employee of the Federal Government at the 
     time of appointment.
       (C) Political party.--Not more than 3 of the independent 
     directors shall be members of the same political party.
       (3) Term; vacancies.--
       (A) Term.--
       (i) In general.--Subject to clause (ii), the independent 
     directors shall be appointed for a term of 5 years and may be 
     reappointed.
       (ii) Staggered terms.--The terms of not more than 2 
     independent directors shall expire in any year.
       (B) Vacancies.--A vacancy on the Board--
       (i) shall not affect the powers of the Board; and
       (ii) shall be filled in the same manner as the original 
     appointment was made.
       (4) Meetings.--
       (A) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Board have been appointed, the 
     Board shall hold the initial meeting of the Board.
       (B) Meetings.--The Board shall meet at the call of the 
     Chairman of the Board.
       (C) Quorum.--Four members of the Board shall constitute a 
     quorum, but a lesser number of members may hold hearings.
       (5) Chairman and vice chairman.--
       (A) In general.--The Board shall select a Chairman and Vice 
     Chairman from among the members of the Board.
       (B) Eligibility.--The Chairman of the Board shall not be an 
     Executive Director of the Board.
       (6) Compensation of members.--An independent director shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Board.
       (7) Travel expenses.--An independent director shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (c) President of the Bank.--
       (1) Appointment.--The President of the Bank shall be 
     appointed by the Board.
       (2) Duties.--The President of the Bank shall--
       (A) be the Chief Executive Officer of the Bank;
       (B) be responsible for the operations and management of the 
     Bank, subject to bylaws and policies established by the 
     Board; and
       (C) serve as an Executive Director on the Board.
       (d) Executive Vice President.--
       (1) Appointment.--The Executive Vice President of the Bank 
     shall be appointed by the Board.
       (2) Duties.--The Executive Vice President of the Bank 
     shall--
       (A) serve as the President of the Bank during the absence 
     or disability, or in the event of a vacancy in the office, of 
     the President of the Bank;
       (B) at other times, perform such functions as the President 
     of the Bank may from time to time prescribe; and
       (C) serve as an Executive Director on the Board.
       (e) Staff.--
       (1) In general.--The Board may--
       (A) appoint and terminate such officers, attorneys, 
     employees, and agents as are necessary to carry out this 
     title; and
       (B) vest the personnel with such powers and duties as the 
     Board may determine.
       (2) Civil service laws.--Persons employed by the Bank may 
     be appointed, compensated, or removed without regard to civil 
     service laws (including regulations).
       (3) Reappointment.--Under such regulations as the President 
     of the United States may promulgate, an officer or employee 
     of the Federal Government who is appointed to a position 
     under this subsection may be entitled, on removal from the 
     position, except for cause, to reinstatement to the position 
     occupied at the time of appointment or to a position of 
     comparable grade and salary.
       (4) Additional positions.--Positions authorized under this 
     subsection shall be in addition to other positions otherwise 
     authorized by law, including positions authorized by section 
     5108 of title 5, United States Code.

     SEC. 1805. FINANCING, GUARANTIES, INSURANCE, CREDIT SUPPORT, 
                   AND OTHER PROGRAMS.

       (a) Intergovernmental Agreements.--Subject to the other 
     provisions of this section, the Bank may enter into 
     arrangements with State and local governments (including 
     agencies, instrumentalities, or political subdivisions of 
     State and local governments) for sharing liabilities assumed 
     by providing financial assistance for eligible projects under 
     this title.
       (b) Insurance.--
       (1) In general.--The Bank may issue insurance, on such 
     terms and conditions as the Bank may determine, to ensure 
     protection in whole or in part against any or all of the 
     risks with respect to eligible projects that the Bank has 
     approved.
       (2) Duplication of assistance.--The Bank shall not offer 
     any insurance products under this subsection that duplicate 
     or augment any other similar Federal assistance.
       (c) Guarantees.--
       (1) In general.--The Bank may issue guarantees of loans and 
     other investments made by investors assuring against loss in 
     eligible projects on such terms and conditions as the Bank 
     may determine.
       (2) Budgetary treatment.--Any guarantee issued under this 
     subsection shall, for budgetary purposes, be considered a 
     loan guarantee (as defined in section 502 of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661a)).
       (d) Loans and Credit Assistance.--
       (1) In general.--The Bank may make loans, provide letters 
     of credit, issue other credit enhancements, or provide other 
     financing for eligible projects on such terms and conditions 
     as the Bank may determine.
       (2) Budgetary treatment.--Any financial instrument issued 
     under this subsection shall, for budgetary purposes, be 
     considered a direct loan (as defined in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).
       (e) Eligible Project Development Investment 
     Encouragement.--The Bank may provide financial assistance 
     under this section for development activities for eligible

[[Page 11648]]

     projects, under such terms and conditions as the Bank may 
     determine, if the Board determines that the assistance is 
     necessary to encourage private investment or accelerate 
     project development.
       (f) Other Insurance Functions.--The Bank may--
       (1) using agreements and contracts that are consistent with 
     this title--
       (A) make and carry out contracts of insurance or agreements 
     to associate or share risks with insurance companies, 
     financial institutions, any other person or group of persons; 
     and
       (B) employ entities described in subparagraph (A), if 
     appropriate, as the agent of the Bank in--
       (i) the issuance and servicing of insurance;
       (ii) the adjustment of claims;
       (iii) the exercise of subrogation rights;
       (iv) the ceding and acceptance of reinsurance; and
       (v) any other matter incident to an insurance business; and
       (2) enter into pooling or other risk-sharing agreements 
     with other governmental insurance or financing agencies or 
     groups of those agencies.
       (g) Equity Finance Program.--
       (1) In general.--Subject to the other provisions of this 
     subsection, the Bank may establish an equity finance program 
     under which the Bank may, in accordance with this subsection, 
     purchase, invest in, or otherwise acquire equity or quasi-
     equity securities of any firm or entity, on such terms and 
     conditions as the Bank may determine, for the purpose of 
     providing capital for any project that is consistent with 
     this title.
       (2) Total amount of equity investments.--
       (A) Total amount of equity investment under equity finance 
     program.--
       (i) In general.--Except as provided in clause (ii), the 
     total amount of the equity investment of the Bank with 
     respect to any project under this subsection shall not exceed 
     30 percent of the aggregate amount of all equity investment 
     made with respect to the project at the time at which the 
     equity investment of the Bank is made.
       (ii) Defaults.--Clause (i) shall not apply to a security 
     acquired through the enforcement of any lien, pledge, or 
     contractual arrangement as a result of a default by any party 
     under any agreement relating to the terms of the investment 
     of the Bank.
       (B) Total amount of equity investment under multiple 
     programs.--
       (i) In general.--The equity investment of the Bank under 
     this subsection with respect to any project, when added to 
     any other investments made or guaranteed by the Bank under 
     subsection (c) or (d) with respect to the project, shall not 
     cause the aggregate amount of all the investments to exceed, 
     at the time any such investment is made or guaranteed by the 
     Bank, 75 percent of the total investment committed to the 
     project, as determined by the Bank.
       (ii) Conclusive determination.--The determination of the 
     Bank under this subparagraph shall be conclusive for purposes 
     of the authority of the Bank to make or guarantee any 
     investment described in clause (i).
       (3) Additional criteria.--In making investment decisions 
     under this subsection, the Bank shall consider the extent to 
     which the equity investment of the Bank will assist in 
     obtaining the financing required for the project.
       (4) Implementation.--
       (A) In general.--The Bank may create such legal vehicles as 
     are necessary for implementation of this subsection.
       (B) Non-federal borrowers.--A borrower participating in a 
     legal vehicle created under this paragraph shall be 
     considered a non-Federal borrower for purposes of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       (C) Securities.--Income and proceeds of investments made 
     under this subsection may be used to purchase equity or 
     quasi-equity securities in accordance with this section.
       (h) Relationship to Federal Credit Reform Act of 1990.--
       (1) In general.--Any liability assumed by the Bank under 
     subsections (c) and (d) shall be discharged pursuant to the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       (2) Specific appropriation or contribution.--
       (A) In general.--No loan guaranteed under subsection (c) or 
     direct loan under subsection (d) shall be made unless--
       (i) an appropriation for the cost has been made; or
       (ii) the Bank has received from the borrower a payment in 
     full for the cost of the obligation.
       (B) Budgetary treatment.--Section 504(b) of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply 
     to a loan or loan guarantee made in accordance with 
     subparagraph (A)(ii).
       (3) Apportionment.--Receipts, proceeds, and recoveries 
     realized by the Bank and the obligations and expenditures 
     made by the Bank pursuant to this subsection shall be exempt 
     from apportionment under subchapter II of chapter 15 of title 
     31, United States Code.

     SEC. 1806. ISSUING AUTHORITY; DIRECT INVESTMENT AUTHORITY AND 
                   RESERVES.

       (a) Maximum Contingent Liability.--The maximum contingent 
     liability outstanding at any time pursuant to actions taken 
     by the Bank under section 1805 shall not exceed a total 
     amount of $100,000,000,000.
       (b) Clean Energy Investment Bank Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a revolving fund, to be known as the 
     ``Clean Energy Investment Bank Fund'' (referred to in this 
     section as the ``Fund'').
       (2) Use.--The Clean Energy Investment Bank Fund shall be 
     available for discharge of liabilities under section 1805 
     (other than subsections (c) and (d) of section 1805) until 
     the earlier of--
       (A) the date on which all liabilities of the Bank have been 
     discharged or expire; or
       (B) the date on which all amounts in the Fund have been 
     expended in accordance with this section.
       (3) Apportionment.--Receipts, proceeds, and recoveries 
     realized by the Bank and the obligations and expenditures 
     made by the Bank pursuant to this subsection shall be exempt 
     from apportionment under subchapter II of chapter 15 of title 
     31, United States Code.
       (c) Payments of Liabilities.--Any payment made to discharge 
     liabilities arising from agreements under section 1805 (other 
     than subsections (c) and (d) of section 1805) shall be paid 
     out of the Clean Energy Investment Bank Fund.
       (d) Supplemental Borrowing Authority.--
       (1) In general.--In order to maintain sufficient liquidity 
     in the revolving loan fund, the Bank may issue from time to 
     time for purchase by the Secretary of the Treasury notes, 
     debentures, bonds, or other obligations.
       (2) Maximum total amount.--The total amount of obligations 
     issued under paragraph (1) that is outstanding at any time 
     shall not exceed $2,000,000,000.
       (3) Repayment.--Any obligation issued under paragraph (1) 
     shall be repaid to the Treasury not later than 1 year after 
     the date of issue of the obligation.
       (4) Interest rate.--Any obligation issued under paragraph 
     (1) shall bear interest at a rate determined by the Secretary 
     of the Treasury, taking into account the current average 
     market yield on outstanding marketable obligations of the 
     United States of comparable maturities during the month 
     preceding the issuance of any obligation authorized by this 
     subsection.
       (5) Purchase of obligations.--
       (A) In general.--The Secretary of the Treasury--
       (i) shall purchase any obligation of the Bank issued under 
     this subsection; and
       (ii) for the purchase, may use as a public debt transaction 
     the proceeds of the sale of any securities issued under 
     chapter 31 of title 31, United States Code.
       (B) Purposes.--The purpose for which securities may be 
     issued under chapter 31 of title 31, United States Code, 
     shall include any purchase under this paragraph.

     SEC. 1807. ADMINISTRATION.

       (a) Protection of Interest of Bank.--The Bank shall ensure 
     that suitable arrangements exist for protecting the interest 
     of the Bank in connection with any agreement issued under 
     this title.
       (b) Full Faith and Credit.--
       (1) Obligation.--A loan guarantee issued by the Bank under 
     section 1805(c) shall constitute an obligation, in accordance 
     with the terms of the guarantee, of the United States.
       (2) Payment.--The full faith and credit of the United 
     States is pledged for the full payment and performance of the 
     obligation.
       (c) Fees.--
       (1) In general.--The Bank shall establish and collect fees 
     for services under this title in amounts to be determined by 
     the Bank.
       (2) Availability of fees.--Except as provided in paragraph 
     (3), fees collected by the Bank under paragraph (1) 
     (including fees collected for administrative expenses in 
     carrying out subsections (c) and (d) of section 1805) may be 
     retained by the Bank and may remain available to the Bank, 
     without further appropriation or fiscal year limitation, for 
     payment of administrative expenses incurred in carrying out 
     this title.
       (3) Fee transfer authority.--Fees collected by the Bank for 
     the cost (as defined in section 502 of the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661a)) of a loan or loan 
     guarantee made under subsection (c) or (d) of section 1805 
     shall be transferred by the Bank to the respective credit 
     program accounts.

     SEC. 1808. GENERAL PROVISIONS AND POWERS.

       (a) Principal Office.--The Bank shall--
       (1) maintain its principal office in the District of 
     Columbia; and
       (2) be considered, for purposes of venue in civil actions, 
     to be a resident of the District of Columbia.
       (b) Transfer of Functions and Authority.--
       (1) In general.--On appointment of a majority of the Board 
     by the President, all of the functions and authority of the 
     Secretary of Energy under predecessor programs and 
     authorities similar to those provided under subsections (c) 
     and (d) of section 1805, including those under title XVII of 
     the Energy Policy Act of 2005 (42 U. S.C. 16511 et seq.), 
     shall be transferred to the Board.
       (2) Continuation prior to transfer.--Until the transfer, 
     the Secretary of Energy shall continue to administer such 
     programs

[[Page 11649]]

     and activities, including programs and authorities under 
     title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 
     et seq.).
       (3) Effect on existing rights and obligations.--The 
     transfer of functions and authority under this subsection 
     shall not affect the rights and obligations of any party that 
     arise under a predecessor program or authority prior to the 
     transfer under this subsection.
       (c) Audits.--
       (1) In general.--Except as otherwise provided in this 
     title, the Bank shall be subject to the applicable provisions 
     of chapter 91 of title 31, United States Code.
       (2) Periodic audits by independent certified public 
     accountants.--
       (A) In general.--Except as provided in paragraph (3), an 
     independent certified public accountant shall perform a 
     financial and compliance audit of the financial statements of 
     the Bank at least once every 3 years, in accordance with 
     generally accepted Government auditing standards for a 
     financial and compliance audit, as issued by the Comptroller 
     General of the United States.
       (B) Report to board.--The independent certified public 
     accountant shall report the results of the audit to the 
     Board.
       (C) Generally accepted accounting principles.--The 
     financial statements of the Bank shall be presented in 
     accordance with generally accepted accounting principles.
       (D) Reports.--
       (i) In general.--The financial statements and the report of 
     the accountant shall be included in a report that--

       (I) contains, to the extent applicable, the information 
     identified in section 9106 of title 31, United States Code; 
     and
       (II) the Bank shall submit to Congress not later than 210 
     days after the end of the last fiscal year covered by the 
     audit.

       (ii) Review.--The Comptroller General of the United States 
     may review the audit conducted by the accountant and the 
     report to Congress in such manner and at such times as the 
     Comptroller General considers necessary.
       (3) Alternative audits by comptroller general of the united 
     states.--
       (A) In general.--In lieu of the financial and compliance 
     audit required by paragraph (2), the Comptroller General of 
     the United States shall, if the Comptroller General considers 
     it necessary, audit the financial statements of the Bank in 
     the manner provided under paragraph (2).
       (B) Reimbursement.--The Bank shall reimburse the 
     Comptroller General of the United States for the full cost of 
     any audit conducted under this paragraph.
       (4) Availability of records.--All books, accounts, 
     financial records, reports, files, work papers, and property 
     belonging to or in use by the Bank and the accountant who 
     conducts the audit under paragraph (2), that are necessary 
     for purposes of this subsection, shall be made available to 
     the Comptroller General of the United States.

     SEC. 1809. REPORTS TO CONGRESS.

       As soon as practicable after the end of each fiscal year, 
     the Bank shall submit to Congress a complete and detailed 
     report describing the operations of the Bank during the 
     fiscal year.

     SEC. 1810. MODIFICATION TO LOAN GUARANTEE PROGRAM.

       (a) Definition of Commercial Technology.--Section 1701(1) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exclusion.--The term `commercial technology' does not 
     include a technology if the sole use of the technology is in 
     connection with--
       ``(i) a demonstration plant; or
       ``(ii) a project for which the Secretary approved a loan 
     guarantee.''.
       (b) Specific Appropriation or Contribution.--Section 1702 
     of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost has been made; or
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the obligation and deposited 
     the payment into the Treasury.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph (1)(B) shall not be a loan or other 
     debt obligation that is made or guaranteed by the Federal 
     Government.
       ``(3) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan or loan guarantee made in accordance with 
     paragraph (1)(B).''.
       (c) Amount.--Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Amount.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall guarantee up to 100 percent of the principal and 
     interest due on 1 or more loans for a facility that are the 
     subject of the guarantee.
       ``(2) Limitation.--The total amount of loans guaranteed for 
     a facility by the Secretary shall not exceed 80 percent of 
     the total cost of the facility, as estimated at the time at 
     which the guarantee is issued.''.
       (d) Subrogation.--Section 1702(g)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
       (1) by striking subparagraph (B); and
       (2) by redesignating subparagraph (C) as subparagraph (B).
       (e) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
     (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary into a special fund in 
     the Treasury to be known as the `Incentives For Innovative 
     Technologies Fund'; and
       ``(B) remain available to the Secretary for expenditure, 
     without further appropriation or fiscal year limitation, for 
     administrative expenses incurred in carrying out this 
     title.''.

     SEC. 1811. INTEGRATION OF LOAN GUARANTEE PROGRAMS.

       (a) Definition of Bank.--Section 1701 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16511) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     paragraphs (2) through (6), respectively; and
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Bank.--The term `Bank' means the Clean Energy 
     Investment Bank of the United States established by section 
     1803(a) of the Clean Energy Investment Bank Act of 2008.''.
       (b) Administration.--
       (1) In general.--Title XVII of the Energy Policy Act of 
     2005 (42 U.S.C. 16511 et seq.) is amended by striking 
     ``Secretary'' each place it appears (other than the last 
     place it appears in section 1702(a)) and inserting ``Board''.
       (2) Conforming amendments.--Section 1702(g) of the Energy 
     Policy Act of 2005 (42 U.S.C. 16512(g)) is amended--
       (A) in the heading for paragraph (1), by striking 
     ``Secretary'' and inserting ``Bank''; and
       (B) in the heading for paragraph (3), by striking 
     ``Secretary'' and inserting ``Bank''.
       (c) Application.--The amendments made by this section are 
     effective on the date the President transfers to the Bank 
     under section 1809(b)(1) the authority to carry out title 
     XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et 
     seq.).

     SEC. 1812. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to subsection (b), there are 
     authorized to be appropriated to the Bank, to remain 
     available until expended, such sums as are necessary to--
       (1) replenish or increase the Clean Energy Investment Bank 
     Fund; or
       (2) discharge obligations of the Bank purchased by the 
     Secretary of the Treasury under this title.
       (b) Minimum Levels in the Clean Energy Investment Bank 
     Fund.--No appropriations shall be made to augment the Clean 
     Energy Investment Bank Fund unless the balance in the Clean 
     Energy Investment Bank Fund is projected to be less than 
     $50,000,000 during the fiscal year for which an appropriation 
     is made.
                                 ______
                                 
  SA 4877. Mr. CASEY (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title III, add the following:

     SEC. 3__. SENSE OF SENATE REGARDING THE POTENTIAL IMPACT OF 
                   CLIMATE CHANGE ON THE GLOBAL FOOD CRISIS.

       (a) Findings.--The Senate finds that--
       (1) the costs of addressing climate change will only 
     increase the longer the causes of climate change are not 
     addressed;
       (2) the consequences of climate change will include major 
     storms and weather-related disruptions, increased wildfires, 
     and loss of food crops;
       (3) the Secretary of Agriculture has determined that 
     climate change is already affecting water resources, 
     agriculture, land resources, and biodiversity, and will 
     continue to do so;
       (4) a leading cause of the ongoing global food crisis is 
     heightened volatility in climate conditions leading to 
     extended droughts around the world, particularly in 
     Australia; and
       (5) the consequences of increased food prices have already 
     resulted in hunger and political unrest in many parts of the 
     world.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) it is in the interest of the United States to address 
     in a serious manner the consequences a warming climate will 
     have on global food production; and
       (2) as the United States assesses the costs of climate 
     change, the potential of harmful impacts on global crop 
     harvests and resulting food security crises should be fully 
     considered.

[[Page 11650]]

       (c) Report.--Not later than December 31, 2008, the 
     President shall submit to Congress a report that assesses the 
     specific impact of weather-related events on the global food 
     crisis that emerged during the first 180 days of 2008.
                                 ______
                                 
  SA 4878. Mr. ROBERTS (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle I of title V, add the following:

     SEC. 5__. GUARANTEED PROTECTION OF AMERICAN AGRICULTURAL 
                   PRODUCERS FROM HIGHER FERTILIZER PRICES CAUSED 
                   BY THIS ACT.

       This Act shall not take effect until the date on which the 
     Secretary of Agriculture, after consultation with the 
     Administrator, determines that the implementation of this Act 
     will not cause the retail price of fertilizer to increase 
     more than 20 percent during the period of effectiveness of 
     this Act.
                                 ______
                                 
  SA 4879. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Amend the title so as to read: ``A bill to promote the 
     energy security of the United States, and for other 
     purposes.''.
                                 ______
                                 
  SA 4880. Mr. WARNER (for himself, Mr. Lieberman, Mr. Carper, Mrs. 
Dole, and Mr. Coleman) submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 164, strike line 15 and insert the following:
       (c) Education and Training.--For each
       Beginning on page 181, strike line 1 and all that follows 
     through page 183, line 3, and insert the following:

     SEC. 536. EDUCATION AND TRAINING.

       (a) Definition of Applicable Period.--In this section, the 
     term ``applicable period'' means--
       (1) each 5-year period during the period beginning on 
     January 1, 2012, and ending on December 31, 2047; and
       (2) the 3-year period beginning on January 1, 2048, and 
     ending on December 31, 2050.
       (b) Use of Funds.--Of amounts made available under section 
     534(c) for the calendar years in each applicable period--
       (1) the Secretary of Energy shall use such amounts for each 
     applicable period as the Secretary of Energy determines to be 
     necessary to increase the number and amounts of nuclear 
     science talent expansion grants and nuclear science 
     competitiveness grants provided under section 5004 of the 
     America COMPETES Act (42 U.S.C. 16532); and
       (2) of the remainder--
       (A) 50 percent shall be allocated to the Secretary of 
     Labor, in consultation with nuclear energy entities and 
     organized labor, for use for each applicable period to expand 
     workforce training to meet the high demand for workers 
     skilled in nuclear power plant construction and operation, 
     including programs for--
       (i) electrical craft certification;
       (ii) preapprenticeship career technical education for 
     industrialized skilled crafts that are useful in the 
     construction of nuclear power plants;
       (iii) community college and skill center training for 
     nuclear power plant technicians;
       (iv) training of construction management personnel for 
     nuclear power plant construction projects; and
       (v) regional grants for integrated nuclear energy workforce 
     development programs; and
       (B) 50 percent shall be made available to the Secretary of 
     Education for use for each applicable period to support 
     climate change policy and science education in the United 
     States.
       On page 292, strike line 22 and insert the following:

     SEC. 901. FINDINGS; SENSE OF SENATE.

       (a) Findings.--Congress finds that--
       (1) more than 40 years of experience in the United States 
     relating to commercial nuclear power plants have demonstrated 
     that nuclear reactors can be operated safely;
       (2) in 2007, nuclear power plants produced 19 percent of 
     the electricity generated in the United States;
       (3) nuclear power plants are the only baseload source of 
     emission-free electric generation, emitting no greenhouse 
     gases or criteria pollutants associated with acid rain, smog, 
     or ozone;
       (4) in 2007, nuclear power plants in the United States--
       (A) avoided more than 692,000,000 metric tons of carbon 
     dioxide emissions; and
       (B) accounted for more than 73 percent of emission-free 
     electric generation in the United States;
       (5) a lifecycle emissions analysis by the International 
     Energy Agency determined that nuclear power plants emit fewer 
     greenhouse gases than wind energy, solar energy, and biomass 
     on a per kilowatt-hour basis;
       (6) construction of a new nuclear power plant is estimated 
     to require between 1,400 and 1,800 jobs during a 4-year 
     period, with peak employment reaching as many as 2,400 
     workers;
       (7)(A) once operational, a new nuclear power plant is 
     estimated to provide 400 to 600 full-time jobs for up to 60 
     years; and
       (B) jobs at nuclear power plants pay, on average, 40 
     percent more than other jobs in surrounding communities;
       (8) revitalization of a domestic manufacturing industry to 
     provide nuclear components for new power plants that can be 
     deployed in the United States and exported for use in global 
     carbon reduction programs will provide thousands of new, 
     high-paying jobs and contribute to economic growth in the 
     United States;
       (9) data of the Bureau of Labor Statistics demonstrate that 
     it is safer to work in a nuclear power plant than to work in 
     the real estate or financial sectors;
       (10) while aggressive energy efficiency measures and an 
     increased deployment of renewable generation can and should 
     be taken, the United States will be unable to meet climate 
     reduction goals without the construction of new nuclear power 
     plants;
       (11) modeling conducted by the Environmental Protection 
     Agency and the Energy Information Administration demonstrate 
     that emission reductions are greater, and compliance costs 
     are lower, if nuclear power plants are used to provide a 
     greater percentage of electricity;
       (12) the United States has been a world leader in nuclear 
     science; and
       (13) institutions of higher education in the United States 
     will play a critical role in advancing knowledge about the 
     use and the safety of nuclear energy for the production of 
     electricity.
       (b) Sense of Senate Regarding Use of Funds.--It is the 
     Sense of the Senate that Congress should stimulate private 
     sector investment in the manufacturing of nuclear project 
     components in the United States, including through the 
     financial incentives program established under this subtitle.

     SEC. 902. DEFINITIONS.

       On page 293, line 10, strike ``and''.
       On page 293, line 13, strike the period and insert ``; 
     and''.
       On page 293, between lines 13 and 14, insert the following:
       (D) establishing procedures, programs, and facilities to 
     achieve American Society of Mechanical Engineers 
     certification standards.
       On page 294, strike lines 3 and 4 and insert the following:
       (A)(i) emits no carbon dioxide into the atmosphere; or
       (ii) is fossil-fuel fired and--
       (I) emits into the atmosphere not more than 250 pounds of 
     carbon dioxide per megawatt-hour (after adjustment for any 
     carbon dioxide from the unit that is geologically 
     sequestered); or
       (II)(aa) uses subbituminous coal, lignite, or petroleum 
     coke in significant quantities; and
       (bb) meets the emission performance standard promulgated 
     pursuant to subsection 1012; and
       On page 294, strike lines 7 through 12 and insert the 
     following:
       (5) Zero- or low-carbon generation technology.--The term 
     ``zero- or low-carbon generation technology'' means--
       (A) a technology used to create zero- or low-carbon 
     generation, including--
       (i) a technology referred to in section 832(a); and
       (ii) nuclear power technology; or
       (B) any other technology relating to a low- or zero-carbon 
     activity that meets the requirements of this subtitle.

     SEC. 903. LOW- AND ZERO-CARBON ELECTRICITY TECHNOLOGY FUND.

       On page 294, line 16, strike ``903'' and insert ``904''.
       On page 297, line 5, strike ``904'' and insert ``905''.
       On page 297, line 7, strike ``903'' and insert ``904''.
       On page 297, line 10, strike ``905'' and insert ``906''.
       On page 297, line 14, strike ``904'' and insert ``905''.
       On page 297, line 18, strike ``906'' and insert ``907''.
       On page 297, line 19, strike ``906'' and insert ``907''.
       On page 298, line 4, strike ``907'' and insert ``908''.
       On page 298, line 17, strike ``909'' and insert ``910''.
       On page 299, line 16, strike ``908'' and insert ``909''.
       On page 301, line 11, strike ``909'' and insert ``910''.
                                 ______
                                 
  SA 4881. Mr. SPECTER submitted an amendment intended to be proposed 
by

[[Page 11651]]

him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 31, between lines 9 and 10, insert the following:
       (50) TAP.--The term ``TAP'' means the technology 
     accelerator payment determined under section 202(a)(2).
       On page 31, line 10, strike ``(50)'' and insert ``(51)''.
       On page 31, line 14, strike ``(51)'' and insert ``(52)''.
       Beginning on page 65, strike line 3 and all that follows 
     through page 66, line 19, and insert the following:

     SEC. 202. COMPLIANCE OBLIGATION.

       (a) Submission of Allowances or TAP Price.--
       (1) In general.--Not later than 90 days after the end of 
     each of calendar years 2012 through 2050, the owner or 
     operator of a covered entity shall submit to the 
     Administrator--
       (A) an emission allowance or an offset allowance for each 
     carbon dioxide equivalent of--
       (i) non-HFC greenhouse gas that was emitted by that covered 
     entity in the United States during the preceding calendar 
     year through the use of coal;
       (ii) non-HFC greenhouse gas that will be emitted through 
     the use of petroleum-based liquid or gaseous fuel, petroleum 
     coke, or coal-based liquid or gaseous fuel that was, during 
     the preceding calendar year, manufactured by that covered 
     entity in the United States or imported into the United 
     States by that covered entity;
       (iii) non-HFC greenhouse gas, that was, during the 
     preceding calendar year, manufactured by that covered entity 
     in the United States or imported into the United States by 
     that covered entity, in each case in which the non-HFC 
     greenhouse gas is not itself a petroleum- or coal-based 
     gaseous fuel or natural gas;
       (iv) each HFC that was, during the preceding calendar year, 
     emitted as a byproduct of hydrochlorofluorocarbon manufacture 
     in the United States by that covered entity; and
       (v) non-HFC greenhouse gas that will be emitted--

       (I) through the use of natural gas that was, during the 
     preceding calendar year, processed in the United States by 
     that covered entity, imported into the United States by that 
     covered entity, or produced in the State of Alaska or the 
     Federal waters of the outer Continental Shelf off the coast 
     of that State by that covered entity and not reinjected into 
     the field; or
       (II) through the use of natural gas liquids that were, 
     during the preceding year, processed in the United States by 
     that covered entity or imported into the United States by 
     that covered entity; or

       (B) a payment equal to the amount of the applicable TAP 
     price in lieu of submission of 1 or more required emission 
     allowances or offset allowances, to be used by the 
     Administrator in accordance with paragraph (3).
       (2) Determination of applicable tap price.--The applicable 
     TAP price per allowance shall be--
       (A) for calendar year 2012, $12 per metric ton of carbon 
     dioxide equivalent emitted by a covered entity; and
       (B) for each subsequent calendar year, an amount equal to 
     the product obtained by multiplying--
       (i) the TAP price established for the preceding calendar 
     year, increased by 5 percent; and
       (ii) the ratio that--

       (I) the implicit price deflator for the gross domestic 
     product, as computed and published by the Department of 
     Commerce for the most recent 4-calendar quarter period for 
     which data is available; bears to
       (II) the implicit price deflator for the gross domestic 
     product, as computed and published by the Department of 
     Commerce for the 4-calendar quarter period immediately 
     preceding the period referred to in subclause (I).

       (3) Use of tap price payments.--
       (A) In general.--For each of calendar years 2012 through 
     2050, the Administrator shall transfer to the Climate Change 
     Technology Board established by section 431 an amount equal 
     to the total amount of TAP price payments received by the 
     Administrator under paragraph (1)(B) for that calendar year.
       (B) Use by board.--The Climate Change Technology Board 
     shall use amounts transferred to the Board under subparagraph 
     (A) to accelerate the commercialization and diffusion of low- 
     and zero-carbon technologies and practices.
       On page 67, lines 4 and 5, strike ``paragraph (2) nor 
     paragraph (5) of subsection (a)'' and insert ``clause (ii) 
     nor clause (v) of subsection (a)(1)(A)''.
       On page 67, line 18, strike ``subsection (a)(2)'' and 
     insert ``subsection (a)(1)(A)(ii)''.
       On page 68, line 14, strike ``(a)'' and insert 
     ``(a)(1)(A)''.
       On page 70, line 7, strike ``(a)'' and insert 
     ``(a)(1)(A)''.
       On page 70, lines 15 and 16, strike ``paragraph (2), (3), 
     or (5) of subsection (a)'' and insert ``clause (ii), (iii), 
     or (v) of subsection (a)(1)(A)''.
       On page 71, line 3, strike ``(a)(2)'' and insert 
     ``(a)(1)(A)(ii)''.
                                 ______
                                 
  SA 4882. Mr. SPECTER (for himself, Mr. Brown, Mr. Levin, Ms. 
Klobuchar, and Ms. Stabenow) submitted an amendment intended to be 
proposed by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 382, strike line 24 and all that follows 
     through page 385, line 10, and insert the following:
       (4) Comparable action.--The term ``comparable action'' 
     means any greenhouse gas regulatory programs, requirements, 
     and other measures adopted by a foreign country that, in 
     combination, are comparable in effect to actions carried out 
     by the United States, such that, on a countrywide basis, the 
     measures mandate and achieve a percentage reduction (or 
     limitation on increase, as appropriate) of greenhouse gas 
     emissions in the foreign country, as compared to the 
     greenhouse gas emissions of the foreign country during 
     calendar year 2005, that is substantially equivalent to the 
     percentage reduction (or limitation on increase, as 
     appropriate) in United States emissions mandated and achieved 
     under this Act, as compared to the greenhouse gas emissions 
     of the United States during calendar year 2005.
       On page 386, strike lines 16 through 20 and insert the 
     following:
       (10) Indirect greenhouse gas emissions.--The term 
     ``indirect greenhouse gas emissions'' means any emissions of 
     a greenhouse gas--
       (A) resulting from the generation of electricity that is 
     consumed during the manufacture of a good; or
       (B) directly or indirectly associated with the production 
     of any input used in the manufacture of a good.
       On page 388, strike lines 3 through 18.
       On page 388, line 19, strike ``(15)'' and insert ``(14)''.
       On page 392, strike lines 4 and 5 and insert the following:

     would otherwise be excluded under subparagraph (B) of section 
     1306(b)(2); and
       On page 398, strike lines 8 through 10.
       On page 398, line 11, strike ``(5)'' and insert ``(4)''.
       On page 398, line 13, strike ``(6)'' and insert ``(5)''.
       On page 399, line 24, strike ``2013'' and insert ``2011''.
       On page 400, line 1, strike ``, and the extent to which,''.
       On page 400, strike lines 4 through 12 and insert the 
     following:
     the foreign country.
       On page 400, strike lines 16 and 17 and insert the 
     following:

     list pursuant to subparagraph (B) of section 1306(b)(2) for 
     that calendar year.
       On page 403, line 12, strike ``third'' and insert 
     ``first''.
       Beginning on page 403, strike line 18 and all that follows 
     through page 405, line 7, and insert the following:
       (2) Excluded list.--The Commission shall identify and 
     publish in a list, to be known as the ``excluded list'', the 
     name of--
       (A) each foreign country determined by the Commission under 
     section 1305(a) to have taken action comparable to that taken 
     by the United States to limit the greenhouse gas emissions of 
     the foreign country; and
       (B) each foreign country identified by the United Nations 
     as among the least-developed developing countries.
       On page 405, line 20, strike ``2014'' and insert ``2012''.
       On page 413, strike lines 1 through 13 and insert the 
     following:
       (A) the national greenhouse gas intensity rate for each 
     category of covered goods of each covered foreign country for 
     the compliance year, as determined by the Administrator under 
     paragraph (3); and
       (B) the allowance adjustment factor for the industry sector 
     of the covered foreign country that manufactured the covered 
     goods entered into the United States, as determined by the 
     Administrator under paragraph (4).
       On page 414, lines 1 and 2, strike ``for the category of 
     covered goods if'' and insert ``in relation to goods''.
       Beginning on page 415, strike line 24 and all that follows 
     through page 416, line 19, and insert the following:
       (5) Annual calculation.--The Adminis-
       On page 417, line 3, strike ``(7)'' and insert ``(6)''.
       On page 417, line 10, strike ``(8)'' and insert ``(7)''.
       On page 417, strike lines 17 through 20 and insert the 
     following:

     category of covered goods that are manufactured or processed 
     in more than 1 foreign country.
       On page 417, strike lines 21 through 23 and insert the 
     following:
       (B) Requirements.--Except as provided in subparagraph (C), 
     the procedures established
       On page 418, strike line 1 and insert the following:

[[Page 11652]]

       (i) to determine, for each covered
       On page 418, strike line 11 and insert the following:
       (ii) of the international reserve
       On page 418, line 20, strike ``clause (i)'' and insert 
     ``subparagraph (B)''.
       On page 419, line 2, strike ``clause (i)'' and insert 
     ``subparagraph (B)''.
       On page 419, line 9, strike ``clause (i)'' and insert 
     ``subparagraph (B)''.
       On page 421, between lines 19 and 20, insert the following:
       (3) Limitation.--Notwithstanding any other provisions of 
     this Act, the quantity of foreign allowances and foreign 
     credits submitted by a United States importer pursuant to 
     this subsection shall not exceed 15 percent of the quantity 
     of allowances that the importer is required to submit 
     pursuant to subsection (d).
       On page 422, line 5, strike ``2013'' and insert ``2011''.
       On page 422, line 11, strike ``2017'' and insert ``2015''.
                                 ______
                                 
  SA 4883. Mr. SPECTER (for himself, Mr. Coleman, Ms. Klobuchar, Ms. 
Stabenow, and Mr. Casey) submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 21, strike lines 6 and 7 and insert ``uses more 
     than 5,000 metric tons of coal (except for coal or coke used 
     in ironmaking, steelmaking, or steel recycling processes, or 
     coal used to produce coke for ironmaking, steelmaking, or 
     steel recycling processes) in the United States;''.
       On page 21, strike line 21 and insert ``or gaseous fuel 
     (except for gaseous fuel produced in ironmaking, steelmaking, 
     or steel recycling processes), the combustion of which 
     will,''.
       On page 65, strike line 11 and insert ``the preceding 
     calendar year through the use of coal (except for coal or 
     coke used in ironmaking, steelmaking, or steel recycling 
     processes, or coal used to produce coke for ironmaking, 
     steelmaking, or steel recycling processes);''.
       On page 65, strike line 15 and insert ``gaseous fuel 
     (except for gaseous fuel produced in ironmaking, steelmaking, 
     or steel recycling processes) that was, during the preceding 
     calendar''.
                                 ______
                                 
  SA 4884. Mr. SPECTER submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike subsection (a) of section 201 and insert the 
     following:
       (a) Establishment.--Not later than 60 days after the date 
     of enactment of this Act, the Administrator shall establish a 
     quantity of emission allowances for each of calendar years 
     2012 through 2050, as follows:


------------------------------------------------------------------------
                                                            Quantity of
                                                             emission
                      Calendar Year                       allowances (in
                                                             millions)
------------------------------------------------------------------------
2012....................................................           6,652
2013....................................................           6,592
2014....................................................           6,533
2015....................................................           6,474
2016....................................................           6,416
2017....................................................           6,358
2018....................................................           6,301
2019....................................................           6,245
2020....................................................           6,188
2021....................................................           6,097
2022....................................................           6,006
2023....................................................           5,915
2024....................................................           5,823
2025....................................................           5,732
2026....................................................           5,550
2027....................................................           5,367
2028....................................................           5,184
2029....................................................           5,002
2030 and each calendar year thereafter through calendar            4,819
 year 2050..............................................
------------------------------------------------------------------------

                                 ______
                                 
  SA 4885. Mr. ISAKSON (for himself and Mr. Graham) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

      TITLE __--HOMESTEAD OPEN SPACE PRESERVATION AND CONSERVATION

     SEC. __1. SHORT TITLE; AMENDMENT OF 1986 CODE.

       (a) Short Title.--This title may be cited as the ``Paul 
     Coverdell Homestead Open Space Preservation and Conservation 
     Act of 2008''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this title an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.

     SEC. __2. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds the following:
       (1) Tax and economic policies have for a sustained period 
     of time inadvertently created financial difficulties for our 
     Nation's farming and ranching families that, among other 
     negative impacts, has forced a significant number of them to 
     liquidate their land holdings.
       (2) This has particularly been the case in areas 
     surrounding growing urban centers and resort destinations.
       (3) This has fragmented many of our Nation's large 
     landscapes and disrupted many communities that historically 
     derived their cultural and economic identities from the land.
       (4) The impact of this has been to deprive many areas of 
     open green space, which in turn has not only negatively 
     affected our human settlements through the resulting sprawl, 
     but has also dramatically reduced the amount of sustaining 
     habitat for our natural communities of plants and animals.
       (b) Purpose.--The purpose of this title is to provide an 
     economic mechanism that will restore and conserve our 
     Nation's natural estate in the form of forests, farms, 
     ranches, and wetlands while protecting our waterways and our 
     forests and open space in a manner that keeps them subject to 
     private ownership and supportive of our surviving but 
     threatened natural communities of plants and animals.

     SEC. __3. QUALIFIED CONSERVATION CREDIT.

       (a) In General.--Subpart B of part IV of subchapter A of 
     chapter 1 (relating to other credits) is amended by adding at 
     the end the following new section:

     ``SEC. 30D. QUALIFIED CONSERVATION CREDIT.

       ``(a) General Rule.--There shall be allowed as a credit 
     against the tax imposed by this chapter, in the case of a 
     qualified conservation organization, the amount of the 
     taxpayer's qualified conservation expenditures for the 
     taxable year.
       ``(b) Qualified Conservation Expenditures.--For purposes of 
     this section--
       ``(1) In general.--The term `qualified conservation 
     expenditures' means the sum of the qualified conservation 
     organization's--
       ``(A) acquisition costs, plus
       ``(B) reserve funds.
       ``(2) Acquisition costs.--The term `acquisition costs' 
     means the sum of--
       ``(A) the lesser of--
       ``(i) the total of the amounts that a qualified 
     conservation organization paid during the taxable year to 
     acquire qualified real property interests exclusively for 
     conservation purposes, or
       ``(ii) the aggregate appraised value of the qualified real 
     property interests referred to in clause (i), plus
       ``(B) so much of the transaction costs reasonably incurred 
     during the taxable year in connection with the acquisition of 
     qualified real property interests as do not exceed 2 percent 
     of the amount determined in subparagraph (A).
       ``(3) Reserve funds.--
       ``(A) In general.--The term `reserve funds' means amounts 
     permanently set aside by a qualified conservation 
     organization as an endowment to fund the future costs of 
     enforcing and maintaining qualified real property interests 
     acquired by the qualified conservation organization 
     exclusively for conservation purposes.
       ``(B) Endowment.--The term `endowment' means a restricted 
     fund held in a segregated account, the income and realized 
     appreciation of which may be expended solely for the purposes 
     designated under this section, and which may be invested 
     solely in qualified investments (as defined in section 
     501(c)(21)(D)(ii)).
       ``(C) Limitation.--The amount of reserve funds which may be 
     taken into account under paragraph (1)(B) for the taxable 
     year shall not exceed 8 percent of the acquisition costs for 
     that taxable year.
       ``(c) Qualified Conservation Organization.--For purposes of 
     this section, the term `qualified conservation organization' 
     means, with respect to any taxable year--
       ``(1) an organization which--
       ``(A) is described in section 170(h)(3),
       ``(B) has been in existence for at least 2 calendar years 
     immediately before the taxable year, and
       ``(C) was organized to serve primarily conservation 
     purposes (as defined in section 170(h)(4)),
       ``(2) a limited partnership, all the general partners of 
     which are organizations described in paragraph (1), or
       ``(3) a limited liability company, all the managers of 
     which are organizations described in paragraph (1),

[[Page 11653]]

     with respect to which neither the seller of the qualified 
     real property interest nor any party related or subordinate 
     to the seller (within the meaning of section 672(c)) would be 
     a disqualified person (as defined in section 4946) if the 
     organization were a private foundation.
       ``(d) Qualified Real Property Interest.--For purposes of 
     this section, the term `qualified real property interest' has 
     the meaning given such term by section 170(h)(2)(C).
       ``(e) Exclusively for Conservation Purposes.--For purposes 
     of this section, the term `exclusively for conservation 
     purposes' has the meaning given such term by section 
     170(h)(5), except that an acquisition shall not be treated as 
     exclusively for conservation purposes unless the instrument 
     conveying the qualified real property interest expressly 
     provides that the conservation purposes may be enforced by 
     both the attorney general of the State in which the real 
     property is located and the qualified conservation 
     organization.
       ``(f) Appraised Value.--For purposes of this section, the 
     term `appraised value' means the fair market value as 
     determined by a qualified appraisal (as defined in section 
     155(a)(4) of the Deficit Reduction Act of 1984).
       ``(g) Limitation Based on Amount of Tax.--The credit 
     allowed under subsection (a) shall not exceed the taxpayer's 
     liability for income tax (including unrelated business income 
     tax) for the taxable year.
       ``(h) Limitation on Aggregate Credit Allowable With Respect 
     to Acquisitions of Qualified Real Property Interests Located 
     in a State.--
       ``(1) Credit may not exceed credit amount allocated to 
     acquisition of qualified real property interest.--
       ``(A) In general.--The amount of the credit determined 
     under subsection (a) for any taxable year with respect to the 
     acquisition of any qualified real property interest shall not 
     exceed the conservation credit dollar amount allocated to 
     such acquisition under this subsection.
       ``(B) Time for making allocation.--An allocation shall be 
     taken into account under subparagraph (A) only if it is made 
     not later than the close of the calendar year in which the 
     qualified real property interest is acquired.
       ``(C) Allocation reduces aggregate amount available to 
     agency.--Any conservation credit dollar amount allocated to 
     the acquisition of any qualified real property interest for 
     any calendar year shall reduce the aggregate conservation 
     credit dollar amount of the allocating conservation credit 
     agency for such calendar year.
       ``(2) Conservation credit dollar amount for agencies.--
       ``(A) In general.--The aggregate conservation credit dollar 
     amount which a conservation credit agency may allocate for 
     any calendar year is the portion of the State conservation 
     credit ceiling allocated under this paragraph for such 
     calendar year to such agency.
       ``(B) State ceiling initially allocated to state 
     conservation credit agencies.--Except as provided in 
     subparagraphs (F) and (G), the State conservation credit 
     ceiling for each calendar year shall be allocated to the 
     conservation credit agency of such State. If there is more 
     than 1 conservation credit agency of a State, all such 
     agencies shall be treated as a single agency.
       ``(C) State conservation credit ceiling.--The State 
     conservation credit ceiling applicable to any State for any 
     calendar year shall be an amount equal to the sum of--
       ``(i) the lesser of--

       ``(I) an amount equal to the aggregate annual credit 
     multiplied by a fraction, the numerator of which is the 
     amount of land located in such State that is either used for 
     agricultural purposes or constitutes private forest land and 
     the denominator of which is the amount of land in all States 
     that is either used for agricultural purposes or constitutes 
     private forest land, or
       ``(II) an amount equal to 4 percent of the aggregate annual 
     credit for that year,

       ``(ii) the amount (if any) allocated under subparagraph (F) 
     to such State by the Secretary,
       ``(iii) the amount of the State conservation credit ceiling 
     returned in the calendar year, plus
       ``(iv) the amount (if any) allocated under subparagraph (G) 
     to such State by the Secretary.
       ``(D) Aggregate annual credit.--For purposes of 
     subparagraph (C)(i), the aggregate annual credit is 
     determined in accordance with the following table:
``For the calendar                                        The aggregate
year ending:                                          annual credit is:
December 31, 2009........................................$4,000,000,000
December 31, 2010........................................$4,500,000,000
December 31, 2011........................................$5,000,000,000
December 31, 2012........................................$5,500,000,000
December 31, 2013........................................$6,000,000,000
       ``(E) State conservation credit ceiling returned.--For 
     purposes of clause (iii), the amount of State conservation 
     credit ceiling returned in the calendar year equals the 
     conservation credit dollar amount previously allocated within 
     the State to any proposed acquisition of a qualified real 
     property interest which is not acquired within the period 
     required by the terms of the allocation or to any proposed 
     acquisition of a qualified real property interest with 
     respect to which an allocation is canceled by mutual consent 
     of the conservation credit agency and the qualified 
     conservation organization receiving the allocation.
       ``(F) Unused aggregate annual credit.--Any portion of the 
     aggregate annual credit for a calendar year that is not 
     allocated to a State's conservation credit ceiling because of 
     the 4 percent limitation under subparagraph (C)(i)(II) shall 
     be allocated by the Secretary among the remaining States, 
     subject to such 4 percent limitation, in proportion to their 
     respective land used for agricultural purposes and private 
     forest land.
       ``(G) Unused conservation credit carryovers allocated among 
     certain states.--
       ``(i) In general.--The unused conservation credit carryover 
     of a State for any calendar year shall be assigned to the 
     Secretary for allocation among qualified States for the 
     succeeding calendar year.
       ``(ii) Unused conservation credit carryover.--For purposes 
     of this paragraph, the unused conservation credit carryover 
     of a State for any calendar year is the excess (if any) of 
     the State conservation credit ceiling for such year (as 
     defined in subparagraph (C)) over the aggregate conservation 
     credit dollar amount allocated by such State for such year.
       ``(iii) Formula for allocation of unused conservation 
     credit carryovers among qualified states.--The Secretary 
     shall determine the formula for allocating the unused 
     conservation credit carryovers among the qualified States for 
     a calendar year. In the determination of such formula, the 
     Secretary shall assure that each qualified State in a 
     calendar year shall receive some allocated amount of the 
     unused conservation credit carryover for that year but that 
     such carryovers shall otherwise be allocated among the 
     qualified States in a manner that best realizes the purpose 
     of this section.
       ``(iv) Qualified state.--For purposes of this subparagraph, 
     the term `qualified State' means, with respect to a calendar 
     year, any State--

       ``(I) which has adopted a statewide conservation plan 
     designed to preserve the natural estate in the form of 
     forests, farms, ranches, and wetlands located within the 
     boundaries of that State,
       ``(II) which allocated its entire State conservation credit 
     ceiling for the preceding calendar year, and
       ``(III) for which a request is made (not later than May 1 
     of the calendar year) to receive an allocation under clause 
     (iii).

       ``(H) Special rule for states with constitutional home rule 
     cities.--For purposes of this subsection--
       ``(i) In general.--The aggregate conservation credit dollar 
     amount for any constitutional home rule city for any calendar 
     year shall be an amount which bears the same ratio to the 
     State conservation credit ceiling for such calendar year as--

       ``(I) the land used for agricultural purposes and private 
     forest land within a 25-mile radius of such city, bears to
       ``(II) the land used for agricultural purposes and private 
     forest land in the entire State.

       ``(ii) Coordination with other allocations.--In the case of 
     any state which contains 1 or more constitutional home rule 
     cities, for purposes of applying this paragraph with respect 
     to conservation credit agencies in such State other than 
     constitutional home rule cities, the State conservation 
     credit ceiling for any calendar year shall be reduced by the 
     aggregate conservation credit dollar amounts determined for 
     such year for all constitutional home rule cities in such 
     State.
       ``(iii) Constitutional home rule city.--For purposes of 
     this subparagraph, the term `constitutional home rule city' 
     has the meaning given such term by section 146(d)(3)(C).
       ``(I) State may provide for different allocation.--Rules 
     similar to the rules of section 146(e) (other than paragraph 
     (2)(B) thereof) shall apply for purposes of this paragraph.
       ``(J) Land used for agricultural purposes and private 
     forest land.--For purposes of this paragraph--
       ``(i) Land used for agricultural purposes.--The term `land 
     used for agricultural purposes' means the number of acres 
     classified as land in farms in the 1997 Census of Agriculture 
     conducted by the United States Department of Agriculture.
       ``(ii) Private forest land.--The term `private forest land' 
     means the number of acres classified as private forest land 
     in the 1997 Forest Inventory and Analysis conducted by the 
     United States Forest Service, excluding any acres so 
     classified therein that are also included as land in farms in 
     the 1997 Census of Agriculture described in clause (i).
       ``(K) Secretary.--For purposes of this paragraph, the term 
     `Secretary' means the Secretary of Agriculture and the 
     Secretary of the Interior, acting pursuant to jointly 
     established rules and procedures.
       ``(3) Special rules.--
       ``(A) Interests must be located within jurisdiction of 
     credit agency.--A conservation credit agency may allocate its 
     aggregate conservation credit dollar amount only with respect 
     to acquisitions of qualified real

[[Page 11654]]

     property interests located in the jurisdiction of the 
     governmental unit of which such agency is a part.
       ``(B) Agency allocations in excess of limit.--If the 
     aggregate conservation credit dollar amounts allocated by a 
     conservation credit agency for any calendar year exceed the 
     portion of the State conservation credit ceiling allocated to 
     such agency for such calendar year, the conservation credit 
     dollar amounts so allocated shall be reduced (to the extent 
     of such excess) for acquisitions of qualified real property 
     interests in the reverse order in which the allocations of 
     such amounts were made.
       ``(4) Conservation credit agency.--For purposes of this 
     subsection, the term `conservation credit agency' means any 
     agency authorized to carry out this subsection.
       ``(i) Regulations.--Except as provided in subsection 
     (h)(2)(K), the Secretary shall prescribe such regulations as 
     may be necessary to carry out the purposes of this section.
       ``(j) Termination.--Subparagraph (A) of subsection (h)(1) 
     shall not apply to any amount allocated after December 31, 
     2013.''.
       (b) Recognition of Gain.--Section 1001 (relating to 
     determination of amount of and recognition of gain or loss) 
     is amended by adding at the end the following new subsection:
       ``(f) Qualified Real Property Interests.--Gain shall be 
     recognized on the sale of a qualified real property interest 
     (as defined in section 30D(d)) to a qualified conservation 
     organization (as defined in section 30D(c)) exclusively for 
     conservation purposes (as defined in section 30D(e)) only to 
     the extent that the amount realized on the sale exceeds the 
     taxpayer's adjusted basis in the entire property to which the 
     qualified real property interest relates.''.
       (c) Basis Adjustment.--Section 1016 (relating to 
     adjustments to basis) is amended by redesignating subsection 
     (e) as subsection (f) and by inserting after subsection (d) 
     the following new subsection:
       ``(e) Adjustments to Basis of Certain Real Property.--If 
     the taxpayer has sold a qualified real property interest in a 
     transaction to which section 1001(f) applies, then the 
     taxpayer's basis in the remaining property shall be reduced 
     (but not below zero) by the amount realized on the sale.''.
       (d) Conforming Amendments.--
       (1) Passive loss rules inapplicable.--Section 
     469(d)(2)(A)(i) is amended to read as follows:
       ``(i) subpart D (other than section 30D) of part IV of 
     subchapter A, or''.
       (2) Unrelated business income tax.--Section 511(a)(1) is 
     amended by striking ``section 11.'' and inserting ``section 
     11, less any credits to which the organization is entitled 
     under section 30D.''.
       (3) Denial of charitable contribution deduction.--Section 
     170(e) is amended by adding at the end the following new 
     paragraph:
       ``(8) Special rule for contributions of interests in 
     qualified conservation organizations.--No deduction shall be 
     allowed for the contribution of an interest in a qualified 
     conservation organization (as defined in section 30D(c)) that 
     has acquired 1 or more qualified real property interests in 
     transactions to which section 30D applies.''.
       (4) Classification as partnership.--Section 761(a) is 
     amended by adding at the end the following new sentence: 
     ``Such term also includes an organization described in either 
     section 30D(c)(2) or section 30D(c)(3).''.
       (5) Clerical amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 is amended by 
     adding at the end the following new item:

``Sec. 30D. Qualified conservation credit.''.
       (e) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2008.
                                 ______
                                 
  SA 4886. Mr. GRAHAM (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                         TITLE __NUCLEAR ENERGY

                    Subtitle A--Financial Incentives

     SEC. __01. INVESTMENT TAX CREDIT FOR NUCLEAR POWER 
                   FACILITIES.

       (a) New Credit for Nuclear Power Facilities.--Section 46 of 
     the Internal Revenue Code of 1986 is amended--
       (1) by striking ``and'' at the end of paragraph (3);
       (2) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (3) by inserting after paragraph (4) the following new 
     paragraph:
       ``(5) the nuclear power facility construction credit.''.
       (b) Nuclear Power Facility Construction Credit.--Subpart E 
     of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after section 
     48B the following new section:

     ``SEC. 48C. NUCLEAR POWER FACILITY CONSTRUCTION CREDIT.

       ``(a) In General.--For purposes of section 46, the nuclear 
     power facility construction credit for any taxable year is 10 
     percent of the qualified nuclear power facility expenditures 
     with respect to a qualified nuclear power facility.
       ``(b) When Expenditures Taken Into Account.--
       ``(1) In general.--Qualified nuclear power facility 
     expenditures shall be taken into account for the taxable year 
     in which the qualified nuclear power facility is placed in 
     service.
       ``(2) Coordination with subsection (c).--The amount which 
     would (but for this paragraph) be taken into account under 
     paragraph (1) with respect to any qualified nuclear power 
     facility shall be reduced (but not below zero) by any amount 
     of qualified nuclear power facility expenditures taken into 
     account under subsection (c) by the taxpayer or a predecessor 
     of the taxpayer, to the extent any amount so taken into 
     account under subsection (c) has not been required to be 
     recaptured under section 50(a).
       ``(c) Progress Expenditures.--
       ``(1) In general.--A taxpayer may elect to take into 
     account qualified nuclear power facility expenditures--
       ``(A) Self-constructed property.--In the case of a 
     qualified nuclear power facility which is a self-constructed 
     facility, no earlier than the taxable year for which such 
     expenditures are properly chargeable to capital account with 
     respect to such facility, and
       ``(B) Acquired facility.--In the case of a qualified 
     nuclear facility which is not self-constructed property, no 
     earlier than the taxable year in which such expenditures are 
     paid.
       ``(2) Special rules for applying paragraph (1).--For 
     purposes of paragraph (1)--
       ``(A) Component parts, etc.--Notwithstanding that a 
     qualified nuclear power facility is a self-constructed 
     facility, property described in paragraph (3)(B) shall be 
     taken into account in accordance with paragraph (1)(B), and 
     such amounts shall not be included in determining qualified 
     nuclear power facility expenditures under paragraph (1)(A).
       ``(B) Certain borrowing disregarded.--Any amount borrowed 
     directly or indirectly by the taxpayer on a nonrecourse basis 
     from the person constructing the facility for the taxpayer 
     shall not be treated as an amount expended for such facility.
       ``(C) Limitation for facilities or components which are not 
     self-constructed.--
       ``(i) In general.--In the case of a facility or a component 
     of a facility which is not self-constructed, the amount taken 
     into account under paragraph (1)(B) for any taxable year 
     shall not exceed the excess of--

       ``(I) the product of the overall cost to the taxpayer of 
     the facility or component of a facility, multiplied by the 
     percentage of completion of the facility or component of a 
     facility, less
       ``(II) the amount taken into account under paragraph (1)(B) 
     for all prior taxable years as to such facility or component 
     of a facility.

       ``(ii) Carryover of certain amounts.--In the case of a 
     facility or component of a facility which is not self-
     constructed, if for the taxable year the amount which (but 
     for clause (i)) would have been taken into account under 
     paragraph (1)(B) exceeds the amount allowed by clause (i), 
     then the amount of such excess shall increase the amount 
     taken into account under paragraph (1)(B) for the succeeding 
     taxable year without regard to this paragraph.
       ``(D) Determination of percentage of completion.--The 
     determination under subparagraph (C) of the portion of the 
     overall cost to the taxpayer of the construction which is 
     properly attributable to construction completed during any 
     taxable year shall be made on the basis of engineering or 
     architectural estimates or on the basis of cost accounting 
     records, using information available at the close of the 
     taxable year in which the credit is being claimed.
       ``(E) Determination of overall cost.--The determination 
     under subparagraph (C) of the overall cost to the taxpayer of 
     the construction of a facility shall be made on the basis of 
     engineering or architectural estimates or on the basis of 
     cost accounting records, using information available at the 
     close of the taxable year in which the credit is being 
     claimed.
       ``(F) No progress expenditures for property for year placed 
     in service, etc.--In the case of any qualified nuclear 
     facility, no qualified nuclear facility expenditures shall be 
     taken into account under this subsection for the earlier of--
       ``(i) the taxable year in which the facility is placed in 
     service, or
       ``(ii) the first taxable year for which recapture is 
     required under section 50(a)(2) with respect to such facility 
     or for any taxable year thereafter.
       ``(3) Self-constructed.--For purposes of this subsection--
       ``(A) In general.--The term `self-constructed facility' 
     means any facility if, at the close of the first taxable year 
     to which the election in this subsection applies, it is 
     reasonable to believe that more than 80 percent of the 
     qualified nuclear facility expenditures for such facility 
     will be made directly by the taxpayer.
       ``(B) Treatment of components.--A component of a facility 
     shall be treated as not

[[Page 11655]]

     self-constructed if, at the close of the first taxable year 
     in which expenditures for the component are paid, it is 
     reasonable to believe that the cost of the component is at 
     least 5 percent of the expected cost of the facility.
       ``(4) Election.--An election shall be made under this 
     subsection for a qualified nuclear power facility by claiming 
     the nuclear power facility construction credit for 
     expenditures described in paragraph (1) on the taxpayer's 
     return of the tax imposed by this chapter for the taxable 
     year. Such an election shall apply to the taxable year for 
     which made and all subsequent taxable years. Such an 
     election, once made, may be revoked only with the consent of 
     the Secretary.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Qualified nuclear power facility.--The term 
     `qualified nuclear power facility' means an advanced nuclear 
     facility (as defined in section 45J(d)(2))--
       ``(A) which, when placed in service, will use nuclear power 
     to produce electricity,
       ``(B) the construction of which is approved by the Nuclear 
     Regulatory Commission on or before December 31, 2013, and
       ``(C) which is placed in service before January 1, 2021.

     Such term shall not include any property which is part of a 
     facility the production from which is allowed as a credit 
     under section 45 for the taxable year or any prior taxable 
     year.
       ``(2) Qualified nuclear power facility expenditures.--
       ``(A) In general.--The term `qualified nuclear power 
     facility expenditures' means any amount paid, accrued, or 
     properly chargeable to capital account--
       ``(i) with respect to a qualified nuclear power facility,
       ``(ii) for which depreciation will be allowable under 
     section 168 once the facility is placed in service, and
       ``(iii) which is incurred before the qualified nuclear 
     power facility is placed in service or in connection with the 
     placement of such facility in service.
       ``(B) Pre-effective date expenditures.--Qualified nuclear 
     power facility expenditures do not include any expenditures 
     incurred by the taxpayer before January 1, 2008, to the 
     extent that, at the close of the first taxable year to which 
     the election in subsection (c) applies, it is reasonable to 
     believe that such expenditures will constitute more than 20 
     percent of the total qualified nuclear power facility 
     expenditures.
       ``(3) Delays and suspension of construction.--
       ``(A) In general.--Except for sales or dispositions between 
     entities which meet the ownership test in section 1504(a), 
     for purposes of applying this section and section 50, a 
     nuclear power facility that is under construction shall 
     cease, with respect to the taxpayer, to be a qualified 
     nuclear power facility as of the date on which the taxpayer 
     sells, disposes of, or cancels, abandons, or otherwise 
     terminates the construction of, the facility.
       ``(B) Resumption of construction.--If a nuclear power 
     facility that is under construction ceases, with respect to 
     the taxpayer, to be a qualified nuclear power facility by 
     reason of subparagraph (A) and work is subsequently resumed 
     on the construction of such facility the qualified nuclear 
     power facility expenditures shall be determined without 
     regard to any delay or temporary termination of construction 
     of the facility.
       ``(e) Application of Other Rules.--Rules similar to the 
     rules of subsections (c)(4) and (d) of section 46 (as in 
     effect on the day before the enactment of the Revenue 
     Reconciliation Act of 1990) shall apply for purposes of this 
     section to the extent not inconsistent herewith.''.
       (c) Provisions Relating to Credit Recapture.--
       (1) Progress expenditure recapture rules.--
       (A) Basic rules.--Subparagraph (A) of section 50(a)(2) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(A) In general.--If during any taxable year any building 
     to which section 47(d) applied or any facility to which 
     section 48C(c) applied ceases (by reason of sale or other 
     disposition, cancellation or abandonment of contract, or 
     otherwise) to be, with respect to the taxpayer, property 
     which, when placed in service, will be a qualified 
     rehabilitated building or a qualified nuclear power facility, 
     then the tax under this chapter for such taxable year shall 
     be increased by an amount equal to the aggregate decrease in 
     the credits allowed under section 38 for all prior taxable 
     years which would have resulted solely from reducing to zero 
     the credit determined under this subpart with respect to such 
     building or facility.''.
       (B) Amendment to excess credit recapture rule.--
     Subparagraph (B) of section 50(a)(2) of such Code is amended 
     by--
       (i) inserting ``or paragraph (2) of section 48C(b)'' after 
     ``paragraph (2) of section 47(b)'';
       (ii) inserting ``or section 48C(b)(1)'' after ``section 
     47(b)(1)''; and
       (iii) inserting ``or facility'' after ``building''.
       (d) Application of Section 49.--Subparagraph (C) of section 
     49(a)(1) of the Internal Revenue Code of 1986 is amended--
       (1) by striking ``and'' at the end of clause (iii);
       (2) by striking the period at the end of clause (iv) and 
     inserting ``, and''; and
       (3) by inserting after clause (iv) the following new 
     clause:
       ``(v) the basis of any property which is part of a 
     qualified nuclear power facility under section 48C.''.
       (e) Denial of Double Benefit.--Subsection (c) of section 
     45J of the Internal Revenue Code of 1986 (relating to other 
     limitations) is amended by adding at the end the following 
     new paragraph:
       ``(3) Credit reduced for grants, tax-exempt bonds, 
     subsidized energy financing, and other credits.--The amount 
     of the credit determined under subsection (a) with respect to 
     any facility for any taxable year (determined after the 
     application of paragraphs (1) and (2)) shall be reduced by 
     the amount which is the product of the amount so determined 
     for such year and the lesser of \1/2\ or a fraction--
       ``(A) the numerator of which is the sum, for the taxable 
     year and all prior taxable years, of--
       ``(i) grants provided by the United States, a State, or a 
     political subdivision of a State for use in connection with 
     the project,
       ``(ii) proceeds of an issue of State or local government 
     obligations used to provide financing for the project the 
     interest on which is exempt from tax under section 103,
       ``(iii) the aggregate amount of subsidized energy financing 
     provided (directly or indirectly) under a Federal, State, or 
     local program provided in connection with the project, and
       ``(iv) the amount of any other credit allowable with 
     respect to any property which is part of the facility, and
       ``(B) the denominator of which is the aggregate amount of 
     additions to the capital account for the project for the 
     taxable year and all prior taxable years.

     The amounts under the preceding sentence for any taxable year 
     shall be determined as of the close of the taxable year.''.
       (f) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 48B the following new item:

``Sec. 48C. Nuclear power facility construction credit.''.

       (g) Effective Date.--The amendments made by this section 
     shall apply to expenditures incurred and property placed in 
     service in taxable years beginning after the date of 
     enactment of this Act.

     SEC. __02. 5-YEAR ACCELERATED DEPRECIATION FOR NEW NUCLEAR 
                   POWER FACILITIES.

       (a) In General.--Subparagraph (B) of section 168(e)(3) of 
     the Internal Revenue Code of 1986 (relating to 5-year 
     property) is amended--
       (1) by striking ``and'' at the end of clause (v);
       (2) by striking the period at the end of clause (vi) and 
     inserting ``, and''; and
       (3) by adding at the end the following new clause:
       ``(vii) any qualified nuclear power facility described in 
     paragraph (1) of section 48C(d) (without regard to the last 
     sentence thereof) the original use of which commences with 
     the taxpayer.''.
       (b) Conforming Amendment.--Section 168(e)(3)(E)(vii) of the 
     Internal Revenue Code of 1986 is amended by inserting ``and 
     not described in subparagraph (B)(vii) of this paragraph'' 
     after ``section 1245(a)(3)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service in taxable years 
     beginning after the date of enactment of this Act.

     SEC. __03. CREDIT FOR QUALIFYING NUCLEAR POWER MANUFACTURING.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986, as amended by 
     this Act, is amended by inserting after section 48C the 
     following new section:

     ``SEC. 48D. QUALIFYING NUCLEAR POWER MANUFACTURING CREDIT.

       ``(a) Allowance of Credit.--For purposes of section 46, the 
     qualifying nuclear power manufacturing credit for any taxable 
     year is an amount equal to 20 percent of the qualified 
     investment for such taxable year.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     property placed in service by the taxpayer during such 
     taxable year which is certified under subsection (c) and--
       ``(A) which is either part of a qualifying nuclear power 
     manufacturing project or is qualifying nuclear power 
     manufacturing equipment,
       ``(B)(i) the construction, reconstruction, or erection of 
     which is completed by the taxpayer, or
       ``(ii) which is acquired by the taxpayer if the original 
     use of such property commences with the taxpayer,
       ``(C) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable, and
       ``(D) which is placed in service on or before December 31, 
     2015.
       ``(2) Special rule for certain subsidized property.--Rules 
     similar to the rules of section 48(a)(4) shall apply for 
     purposes of this section.

[[Page 11656]]

       ``(3) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(c) Qualifying Nuclear Power Manufacturing Project and 
     Qualifying Nuclear Power Manufacturing Equipment 
     Certification.--Not later than 180 days after the date of the 
     enactment of this section, the Secretary, in consultation 
     with the Secretary of Energy, shall establish a program to 
     consider and award certifications for property eligible for 
     credits under this section as part of either a qualifying 
     nuclear power manufacturing project or as qualifying nuclear 
     power manufacturing equipment. The total amounts of credit 
     that may be allocated under the program shall not exceed 
     $100,000,000.
       ``(d) Definitions.--For purposes of this section--
       ``(1) Qualifying nuclear power manufacturing project.--The 
     term `qualifying nuclear power manufacturing project' means 
     any project which is designed primarily to enable the 
     taxpayer to produce or test equipment necessary for the 
     construction or operation of a nuclear power plant.
       ``(2) Qualifying nuclear power manufacturing equipment.--
     The term `qualifying nuclear power manufacturing equipment' 
     means machine tools and other similar equipment, including 
     computers and other peripheral equipment, acquired or 
     constructed primarily to enable the taxpayer to produce or 
     test equipment necessary for the construction or operation of 
     a nuclear power plant.
       ``(3) Project.--The term `project' includes any building 
     constructed to house qualifying nuclear power manufacturing 
     equipment.''.
       (b) Conforming Amendments.--
       (1) Additional investment credit.--Section 46 of the 
     Internal Revenue Code of 1986, as amended by this Act, is 
     amended--
       (A) by striking ``and'' at the end of paragraph (4);
       (B) by striking the period at the end of paragraph (5) and 
     inserting ``, and''; and
       (C) by inserting after paragraph (5) the following new 
     paragraph:
       ``(6) the qualifying nuclear power manufacturing credit.''.
       (2) Application of section 49.--Subparagraph (C) of section 
     49(a)(1) of such Code, as amended by this Act, is amended--
       (A) by striking ``and'' at the end of clause (iv);
       (B) by striking the period at the end of clause (v) and 
     inserting ``, and''; and
       (C) by inserting after clause (v) the following new clause:
       ``(vi) the basis of any property which is part of a 
     qualifying nuclear power manufacturing project or qualifying 
     nuclear power manufacturing equipment under section 48D.''.
       (c) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 of such Code, as 
     amended by this Act, is amended by inserting after the item 
     relating to section 48C the following new item:

``Sec. 48D. Qualifying nuclear power manufacturing credit.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to property--
       (1) the construction, reconstruction, or erection of which 
     begins after the date of enactment of this Act; or
       (2) which is acquired by the taxpayer on or after such date 
     and not pursuant to a binding contract which was in effect on 
     the day prior to such date.

     SEC. __04. STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS.

       (a) Definitions.--Section 638(a) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16014(a)) is amended--
       (1) by redesignating paragraph (4) as paragraph (7); and
       (2) by inserting after paragraph (3) the following:
       ``(4) Full power operation.--The term `full power 
     operation', with respect to a facility, means the earlier 
     of--
       ``(A) the commercial operation date (or the equivalent 
     under the terms of the financing documents for the facility); 
     and
       ``(B) the date on which the facility achieves operation at 
     an average nameplate capacity of 50 percent or more during 
     any consecutive 30-day period after the completion of startup 
     testing for the facility.
       ``(5) Increased project costs.--The term `increased project 
     costs' means the increased cost of constructing, 
     commissioning, testing, operating, or maintaining a reactor 
     prior to full-power operation incurred as a result of a delay 
     covered by the contract, including costs of demobilization 
     and remobilization, increased costs of equipment, materials 
     and labor due to delay (including idle time), increased 
     general and administrative costs, and escalation costs for 
     completing construction.
       ``(6) Litigation.--The term `litigation' means any--
       ``(A) adjudication in Federal, State, local, or tribal 
     court; and
       ``(B) any administrative proceeding or hearing before a 
     Federal, State, local, or tribal agency or administrative 
     entity.''.
       (b) Contract Authority.--Section 638(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 16014(b)) is amended by 
     striking paragraph (1) and inserting the following:
       ``(1) Contracts.--
       ``(A) In general.--The Secretary may enter into contracts 
     under this section with sponsors of an advanced nuclear 
     facility that cover at any 1 time a total of not more than 12 
     reactors, which shall consist of not less than 2 nor more 
     than 4 different reactor designs, in accordance with 
     paragraph (2).
       ``(B) Replacement contracts.--If any contract entered into 
     under this section terminates or expires without a claim 
     being paid by the Secretary under the contract, the Secretary 
     may enter into a new contract under this section in 
     replacement of the contract.''.
       (c) Covered Costs.--Section 638(d) of the Energy Policy Act 
     of 2005 (42. U.S.C. 16014(d)) is amended by striking 
     paragraphs (2) and (3) and inserting the following:
       ``(2) Coverage.--In the case of reactors that receive 
     combined licenses and on which construction is commenced, the 
     Secretary shall pay--
       ``(A) 100 percent of the covered costs of delay that occur 
     after the initial 30-day period of covered delay; but
       ``(B) not more than $500,000,000 per contract.
       ``(3) Covered debt obligations.--Debt obligations covered 
     under subparagraph (A) of paragraph (5) shall include debt 
     obligations incurred to pay increased project costs.''.
       (d) Dispute Resolution.--Section 638 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16014) is amended--
       (1) by redesignating subsections (f) through (h) as 
     subsections (g) through (i), respectively; and
       (2) by inserting after subsection (e) the following:
       ``(f) Dispute Resolution.--
       ``(1) In general.--Any controversy or claim arising out of 
     or relating to any contract entered into under this section 
     shall be determined by arbitration in Washington, DC, in 
     accordance with the applicable Commercial Arbitration Rules 
     of the American Arbitration Association.
       ``(2) Treatment of decision.--A decision by an arbitrator 
     shall be final and binding, and the United district court for 
     Washington, DC, or the district in which the project is 
     located shall have jurisdiction to enter judgment on the 
     decision.''.

     SEC. __05. INCENTIVES FOR INNOVATIVE TECHNOLOGIES.

       (a) Definition of Project Cost.--Section 1701(1) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is amended by 
     adding at the end the following:
       ``(6) Project cost.--The term `project cost' means all 
     costs associated with the development, planning, design, 
     engineering, permitting and licensing, construction, 
     commissioning, startup, shakedown, and financing of a 
     facility, including reasonable escalation and contingencies, 
     the cost of and fees for the guarantee, reasonably required 
     reserve funds, initial working capital, and interest during 
     construction.''.
       (b) Terms and Conditions.--Section 1702 of the Energy 
     Policy Act of 2005 (42 U.S.C. 16512) is amended by striking 
     subsections (b) and (c) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) sufficient amounts have been appropriated to cover 
     the cost of the guarantee;
       ``(B) the Secretary has--
       ``(i) received from the borrower payment in full for the 
     cost of the obligation; and
       ``(ii) deposited the payment into the Treasury; or
       ``(C) any combination of subparagraphs (A) and (B) that is 
     sufficient to cover the cost of the obligation.
       ``(2) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c (b)) shall 
     not apply to a loan guarantee made in accordance with 
     paragraph (1).
       ``(c) Amount.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall guarantee--
       ``(A) 100 percent of the obligation for a facility that is 
     the subject of a guarantee; or
       ``(B) a lesser amount, if requested by the borrower.
       ``(2) Limitation.--The total amount of loans guaranteed for 
     a facility by the Secretary shall not exceed 80 percent of 
     the total cost of the facility, as estimated at the time at 
     which the guarantee is issued.''.
       (c) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
     (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary into a special fund in 
     the Treasury to be known as the `Incentives For Innovative 
     Technologies Fund'; and
       ``(B) remain available to the Secretary for expenditure, 
     without further appropriation or fiscal year limitation, for 
     administrative expenses incurred in carrying out this 
     title.''.

[[Page 11657]]



                       Subtitle B--Other Programs

     SEC. __11. NUCLEAR POWER 2010 PROGRAM.

       Section 952(c) of the Energy Policy Act of 2005 (42 U.S.C. 
     16272(c)) is amended by adding at the end the following:
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the Nuclear Power 2010 Program--
       ``(A) $159,600,000 for fiscal year 2009;
       ``(B) $135,600,000 for fiscal year 2010;
       ``(C) $46,900,000 for fiscal year 2011; and
       ``(D) $2,200,000 for fiscal year 2012.''.

     SEC. __12. NEXT GENERATION NUCLEAR PLANT PROJECT.

       (a) Project Establishment.--Section 641 of the Energy 
     Policy Act of 2005 (42 U.S.C. 16021) is amended--
       (1) in subsection (a)--
       (A) by striking the subsection designation and heading and 
     all that follows through ``The Secretary'' and inserting the 
     following:
       ``(a) Establishment and Objective.--
       ``(1) Establishment.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Objective.--
       ``(A) Definition of high-temperature, gas-cooled nuclear 
     energy technology.--In this paragraph, the term `high-
     temperature, gas-cooled nuclear energy technology' means a 
     technology relating to any nongreenhouse gas-emitting 
     alternative to the burning of fossil fuels for commercial 
     applications using process heat to generate electricity, 
     steam, hydrogen, and oxygen for activities such as--
       ``(i) refining;
       ``(ii) converting coal to synfuels and other hydrocarbon 
     feedstocks; and
       ``(iii) desalination.
       ``(B) Description of objective.--The objective of the 
     Project shall be to carry out demonstration projects for the 
     development, licensing, and operation of high-temperature, 
     gas-cooled nuclear energy technologies to support 
     commercialization of those technologies.
       ``(C) Requirements.--The functional, operational, and 
     performance requirements for high-temperature, gas-cooled 
     nuclear energy technologies shall be determined by the needs 
     of marketplace industrial end-users, as projected for the 40-
     year period beginning on the date of enactment of this 
     paragraph.''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``licensing,'' after ``design,'';
       (B) in paragraph (1), by striking ``942(d)'' and inserting 
     ``952(d)''; and
       (C) by striking paragraph (2) and inserting the following:
       ``(2) shall be used to demonstrate the capability of the 
     nuclear energy system to provide--
       ``(A) high-temperature process heat to be used for the 
     production of electricity, steam, and other heat transport 
     fluids; and
       ``(B) hydrogen and oxygen, separately or in combination.''.
       (b) Project Management.--Section 642 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16022) is amended--
       (1) in subsection (a), by adding at the end the following:
       ``(4) Interaction with industry consortium.--Any activity 
     carried out under the Project by the industry consortium 
     established under subsection (c) shall be carried out 
     pursuant to a financial assistance agreement between the 
     Secretary and the industry consortium.'';
       (2) in subsection (b)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) Lead laboratory.--
       ``(A) In general.--The Idaho National Laboratory shall--
       ``(i) be the lead National Laboratory for the Project; and
       ``(ii) collaborate with other National Laboratories, 
     institutions of higher education, other research institutes, 
     industrial researchers, and international researchers to 
     carry out the Project.
       ``(B) Partnership agreement.--
       ``(i) In general.--The Secretary shall offer to enter into 
     a partnership agreement with an entity or group of entities 
     in the private sector under which the entity or group of 
     entities shall assume responsibility for the management and 
     operation of the Project.
       ``(ii) Requirement.--The partnership agreement under clause 
     (i) shall contain a provision under which the entity or group 
     of entities in the private sector may enter into contracts 
     with entities in the public sector for the provision of 
     services and products to that sector that represent typical 
     commercial practices regarding terms and conditions for risk, 
     accountability, performance, and quality.''; and
       (B) in paragraph (2)(A)--
       (i) by striking ``The Idaho National Laboratory'' and 
     inserting ``The entity or group of entities referred to in 
     paragraph (1)(B), acting through the Idaho National 
     Laboratory pursuant to the partnership agreement entered into 
     under that paragraph,''; and
       (ii) by inserting ``licensing,'' after ``design,''; and
       (3) by adding at the end the following:
       ``(c) Industry Consortium.--
       ``(1) Establishment.--The entity or group of entities 
     referred to in subsection (b)(1)(B), acting through the Idaho 
     National Laboratory pursuant to the partnership agreement 
     entered into under that subsection, shall establish an 
     industry consortium, to be composed of representatives of 
     industrial end-users of electricity, steam, hydrogen, and 
     oxygen.
       ``(2) Duties.--The industry consortium shall assume 
     responsibility for management, development, design, 
     licensing, construction, and initial operation of the 
     Project, using commercial practices and project management 
     processes and tools.''.
       (c) Project Organization.--Section 643 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16023) is amended--
       (1) in subsection (a)(2), by inserting ``transportation 
     and'' before ``conversion'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (C), by striking ``and hydrogen'' and 
     inserting ``, steam, hydrogen, and oxygen''; and
       (ii) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and indenting 
     appropriately;
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``, through a 
     competitive process,'';
       (ii) in subparagraph (C), by striking ``reactor'' and 
     inserting ``energy system'';
       (iii) in subparagraph (D), by striking ``hydrogen or 
     electricity'' and inserting ``energy transportation, 
     conversion, and''; and
       (iv) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and indenting 
     appropriately;
       (C) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting 
     appropriately;
       (D) by striking ``The Project shall be'' and inserting the 
     following:
       ``(1) In general.--The Project shall be''; and
       (E) by adding at the end the following:
       ``(2) Overlapping phases.--The phases described in 
     paragraph (1) may overlap for the Project or any portion of 
     the Project, as necessary.''; and
       (3) in subsection (c)--
       (A) in paragraph (2), by adding at the end the following:
       ``(E) Industry consortium.--The industry consortium 
     established under section 642(c) may enter into any necessary 
     contracts with the Federal Government or entities in the 
     international industrial sector for research and development, 
     design, licensing, construction, and operating activities, 
     services, and equipment.''; and
       (B) in paragraph (3)--
       (i) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) review program plans for the Project prepared by the 
     Office of Nuclear Energy, Science, and Technology and 
     progress under the Project on an ongoing basis, in accordance 
     with an applicable technology investment agreement between 
     the Secretary and the industry consortium established under 
     section 642(c); and''; and
       (ii) in subparagraph (D)--

       (I) by striking ``On a determination'' and inserting the 
     following:

       ``(i) In general.--On a determination'';

       (II) in clause (i) (as designated by subclause (I))--

       (aa) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(A)''; and
       (bb) by striking ``subsection (b)(2)'' and inserting 
     ``subsection (b)(1)(B)''; and

       (III) by adding at the end the following:

       ``(ii) Scope.--The scope of the review conducted under 
     clause (i) shall be in accordance with an applicable 
     technology investment agreement between the Secretary and the 
     industry consortium established under section 642(c).''.

     SEC. __13. NUCLEAR ENERGY WORKFORCE.

       Section 1101 of the Energy Policy Act of 2005 (42 U.S.C. 
     16411) is amended--
       (1) in subsection (b)(1)--
       (A) in subparagraph (A), by striking ``and'' at the end;
       (B) in subparagraph (B), by striking the period and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(C) nuclear utility and nuclear energy product and 
     service industries.'';
       (2) by redesignating subsection (d) as subsection (e); and
       (3) by inserting after subsection (c) the following:
       ``(d) Workforce Training.--
       ``(1) In general.--The Secretary of Labor, in cooperation 
     with the Secretary, shall promulgate regulations to implement 
     a program to provide grants to enhance workforce training for 
     any occupation in the workforce of the nuclear utility and 
     nuclear energy products and services industries for which a 
     shortage is identified or predicted in the report under 
     subsection (b)(2).
       ``(2) Consultation.--In carrying out this subsection, the 
     Secretary of Labor shall consult with representatives of the 
     nuclear utility and nuclear energy products and services 
     industries, including organized labor organizations and 
     multiemployer associations that jointly sponsor 
     apprenticeship programs that provide training for skills 
     needed in those industries.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary of Labor, 
     working in coordination with the Secretary and the Secretary 
     of Education, $20,000,000 for each of fiscal years 2008 
     through 2015 to carry out this subsection.''.

[[Page 11658]]



     SEC. __14. INTERAGENCY WORKING GROUP TO PROMOTE DOMESTIC 
                   MANUFACTURING BASE FOR NUCLEAR COMPONENTS AND 
                   EQUIPMENT.

       (a) Purposes.--The purposes of this section are--
       (1) to increase the competitiveness of the United States 
     nuclear energy products and services industries;
       (2) to identify the stimulus or incentives necessary to 
     cause United States manufacturers of nuclear energy products 
     to expand manufacturing capacity;
       (3) to facilitate the export of United States nuclear 
     energy products and services;
       (4) to reduce the trade deficit of the United States 
     through the export of United States nuclear energy products 
     and services;
       (5) to retain and create nuclear energy manufacturing and 
     related service jobs in the United States;
       (6) to integrate the objectives described in paragraphs (1) 
     through (5), in a manner consistent with the interests of the 
     United States, into the foreign policy of the United States; 
     and
       (7) to authorize funds for increasing United States 
     capacity to manufacture nuclear energy products and supply 
     nuclear energy services.
       (b) Establishment.--
       (1) In general.--There is established an interagency 
     working group (referred to in this section as the ``Working 
     Group'') that, in consultation with representative industry 
     organizations and manufacturers of nuclear energy products, 
     shall make recommendations to coordinate the actions and 
     programs of the Federal Government in order to promote 
     increasing domestic manufacturing capacity and export of 
     domestic nuclear energy products and services.
       (2) Composition.--The Working Group shall be composed of--
       (A) the Secretary of Energy (or a designee), who shall 
     serve as Chairperson of the Working Group; and
       (B) representatives of--
       (i) the Department of Energy;
       (ii) the Department of Commerce;
       (iii) the Department of Defense;
       (iv) the Department of Treasury;
       (v) the Department of State;
       (vi) the Environmental Protection Agency;
       (vii) the United States Agency for International 
     Development;
       (viii) the Export-Import Bank of the United States;
       (ix) the Trade and Development Agency;
       (x) the Small Business Administration;
       (xi) the Office of the United States Trade Representative; 
     and
       (xii) other Federal agencies, as determined by the 
     President.
       (c) Duties of Working Group.--The Working Group shall--
       (1) not later than 180 days after the date of enactment of 
     this Act, identify the actions necessary to promote the safe 
     development and application in foreign countries of nuclear 
     energy products and services--
       (A) to increase electricity generation from nuclear energy 
     sources through development of new generation facilities;
       (B) to improve the efficiency, safety, and reliability of 
     existing nuclear generating facilities through modifications; 
     and
       (C) enhance the safe treatment, handling, storage, and 
     disposal of used nuclear fuel;
       (2) not later than 180 days after the date of enactment of 
     this Act, identify--
       (A) mechanisms (including tax stimuli for investment, loans 
     and loan guarantees, and grants) necessary for United States 
     companies to increase--
       (i) the capacity of the companies to produce or provide 
     nuclear energy products and services; and
       (ii) exports of nuclear energy products and services; and
       (B) administrative or legislative initiatives that are 
     necessary --
       (i) to encourage United States companies to increase the 
     manufacturing capacity of the companies for nuclear energy 
     products;
       (ii) to provide technical and financial assistance and 
     support to small and mid-sized businesses to establish 
     quality assurance programs in accordance with domestic and 
     international nuclear quality assurance code requirements;
       (iii) to encourage, through financial incentives, private 
     sector capital investment to expand manufacturing capacity; 
     and
       (iv) to provide technical assistance and financial 
     incentives to small and mid-sized businesses to develop the 
     workforce necessary to increase manufacturing capacity and 
     meet domestic and international nuclear quality assurance 
     code requirements;
       (3) not later than 270 days after the date of enactment of 
     this Act, submit to Congress a report that describes the 
     findings of the Working Group under paragraphs (1) and (2), 
     including recommendations for new legislative authority, as 
     necessary; and
       (4) encourage the agencies represented by membership in the 
     Working Group--
       (A) to provide technical training and education for 
     international development personnel and local users in other 
     countries;
       (B) to provide financial and technical assistance to 
     nonprofit institutions that support the marketing and export 
     efforts of domestic companies that provide nuclear energy 
     products and services;
       (C) to develop nuclear energy projects in foreign 
     countries;
       (D) to provide technical assistance and training materials 
     to loan officers of the World Bank, international lending 
     institutions, commercial and energy attaches at embassies of 
     the United States, and other appropriate personnel in order 
     to provide information about nuclear energy products and 
     services to foreign governments or other potential project 
     sponsors;
       (E) to support, through financial incentives, private 
     sector efforts to commercialize and export nuclear energy 
     products and services in accordance with the subsidy codes of 
     the World Trade Organization; and
       (F) to augment budgets for trade and development programs 
     in order to support prefeasibility or feasibility studies for 
     projects that use nuclear energy products and services.
       (d) Personnel and Service Matters.--The Secretary of Energy 
     and the heads of agencies represented by membership in the 
     Working Group shall detail such personnel and furnish such 
     services to the Working Group, with or without reimbursement, 
     as are necessary to carry out the functions of the Working 
     Group.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Energy to carry out 
     this section $20,000,000 for each of fiscal years 2009 
     through 2012.

     SEC. __15. NUCLEAR POWER TECHNOLOGY FUND.

       There is established in the Treasury of the United States a 
     fund to be known as the ``Nuclear Power Technology Fund'' of 
     which funds shall be made available to carry out the purposes 
     of section __16 (relating to spent fuel recycling).

     SEC. __16. SPENT FUEL RECYCLING PROGRAM.

       (a) Purpose.--It is the policy of the United States to 
     recycle spent nuclear fuel to advance energy independence by 
     maximizing the energy potential of nuclear fuel in a 
     proliferation-resistant manner that reduces the quantity of 
     waste dedicated to a permanent Federal repository.
       (b) Spent Fuel Recycling Research and Development 
     Facility.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall begin construction 
     of a spent fuel recycling research and development facility.
       (2) Purpose.--The facility described in paragraph (1) shall 
     serve as the lead site for continuing research and 
     development of advanced nuclear fuel cycles and separation 
     technologies.
       (3) Site selection.--In selecting a site for the facility, 
     the Secretary shall give preference to a site that has--
       (A) the most technically sound bid;
       (B) a demonstrated technical expertise in spent fuel 
     recycling; and
       (C) community support.
       (c) Contracts.--The Secretary shall use amounts in the 
     Nuclear Power Technology Fund, and such other amounts as are 
     appropriated to carry out this section, to enter into long-
     term contracts with private sector entities for the recycling 
     of spent nuclear fuel.
       (d) Competitive Selection.--Contracts awarded under 
     subsection (c) shall be awarded on the basis of a competitive 
     bidding process that--
       (1) maximizes the competitive efficiency of the projects 
     funded;
       (2) best serves the goal of reducing the amount of waste 
     requiring disposal under this Act; and
       (3) ensures adequate protection against the proliferation 
     of nuclear materials that could be used in the manufacture of 
     nuclear weapons.
       (e) Regulatory Authority.--Not later than 1 year after the 
     date of enactment of this Act, the Nuclear Regulatory 
     Commission, in collaboration with the Secretary of Energy, 
     shall promulgate regulations for the licensing of facilities 
     for recovery and use of spent nuclear fuel that provide 
     reasonable assurance that licenses issued for that purpose 
     will not be counter to the defense, security, and national 
     interests of the United States.
                                 ______
                                 
  SA 4887. Ms. COLLINS (for herself and Ms. Snowe) submitted an 
amendment intended to be proposed by her to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

    TITLE XVIII--COMMERCIAL TRUCK FUEL SAVINGS DEMONSTRATION PROGRAM

     SEC. 1801. FINDINGS.

       Congress finds that--
       (1) diesel fuel prices have increased more than 50 percent 
     during the 1-year period between May 2007 and May 2008;
       (2) laws governing Federal highway funding effectively 
     impose a limit of 80,000 pounds on the weight of vehicles 
     permitted to use highways on the Interstate System;
       (3) the administration of that provision in many States has 
     forced heavy tractor-trailer and tractor-semitrailer 
     combination vehicles

[[Page 11659]]

     traveling in those States to divert onto small State and 
     local roads on which higher vehicle weight limits apply under 
     State law;
       (4) the diversion of those vehicles onto those roads 
     increases fuel costs because of increased idling time and 
     total travel time along those roads; and
       (5) permitting heavy commercial vehicles, including tanker 
     trucks carrying hazardous material and fuel oil, to travel on 
     Interstate System highways when fuel prices are high would 
     provide significant savings in the transportation of goods 
     throughout the United States.

     SEC. 1802. DEFINITIONS.

       In this title:
       (1) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of Transportation of a State.
       (2) Covered interstate system highway.--
       (A) In general.--The term ``covered Interstate System 
     highway'' means a highway designated as a route on the 
     Interstate System.
       (B) Exclusion.--The term ``covered Interstate System 
     highway'' does not include any portion of a highway that, as 
     of the date of the enactment of this Act, is exempt from the 
     requirements of subsection (a) of section 127 of title 23, 
     United States Code, pursuant to a waiver under that 
     subsection.
       (3) Interstate system.--The term ``Interstate System'' has 
     the meaning given the term in section 101(a) of title 23, 
     United States Code.

     SEC. 1803. WAIVER OF HIGHWAY FUNDING REDUCTION RELATING TO 
                   WEIGHT OF VEHICLES USING INTERSTATE SYSTEM 
                   HIGHWAYS.

       (a) Prohibition Relating to Certain Vehicles.--
     Notwithstanding section 127(a) of title 23, United States 
     Code, the total amount of funds apportioned to a State under 
     section 104(b)(1) of that title for any period may not be 
     reduced under section 127(a) of that title if a State permits 
     a vehicle described in subsection (b) to use a covered 
     Interstate System highway in the State in accordance with the 
     conditions described in subsection (c).
       (b) Combination Vehicles in Excess of 80,000 Pounds.--A 
     vehicle described in this subsection is a vehicle having a 
     weight in excess of 80,000 pounds that--
       (1) consists of a 3-axle tractor unit hauling a single 
     trailer or semitrailer; and
       (2) does not exceed any vehicle weight limitation that is 
     applicable under the laws of a State to the operation of the 
     vehicle on highways in the State that are not part of the 
     Interstate System, as those laws are in effect on the date of 
     enactment of this Act.
       (c) Conditions.--This section shall apply at any time at 
     which the weighted average price of retail number 2 diesel in 
     the United States is $3.50 or more per gallon.
       (d) Effective Date and Termination.--This section shall not 
     remain in effect--
       (1) after the date that is 2 years after the date of 
     enactment of this Act; or
       (2) before the end of that 2-year period, after any date on 
     which the Secretary of Transportation--
       (A) determines that--
       (i) operation of vehicles described in subsection (b) on 
     covered Interstate System highways has adversely affected 
     safety on the overall highway network; or
       (ii) a Commissioner has failed faithfully to use the 
     highway safety committee as described in section 1805(2)(A) 
     or to collect the data described in section 1805(3); and
       (B) publishes the determination, together with the date of 
     termination of this section, in the Federal Register.
       (e) Consultation Regarding Termination for Safety.--In 
     making a determination under subsection (d)(2)(A)(i), the 
     Secretary of Transportation shall consult with the highway 
     safety committee established by a Commissioner in accordance 
     with section 1805.

     SEC. 1804. GAO TRUCK SAFETY DEMONSTRATION REPORT.

       The Comptroller General of the United States shall carry 
     out a study of the effects of participation in the program 
     under section 1803 on the safety of the overall highway 
     network in States participating in that program.

     SEC. 1805. RESPONSIBILITIES OF STATES.

       For the purpose of section 1803, a State shall be 
     considered to meet the conditions under this section if the 
     Commissioner of the State--
       (1) submits to the Secretary of Transportation a plan for 
     use in meeting the conditions described in paragraphs (2) and 
     (3);
       (2) establishes and chairs a highway safety committee 
     that--
       (A) the Commissioner uses to review the data collected 
     pursuant to paragraph (3); and
       (B) consists of representatives of--
       (i) agencies of the State that have responsibilities 
     relating to highway safety;
       (ii) municipalities of the State;
       (iii) organizations that have evaluation or promotion of 
     highway safety among the principal purposes of the 
     organizations; and
       (iv) the commercial trucking industry; and
       (3) collects data on the net effects that the operation of 
     vehicles described in section 1803(b) on covered Interstate 
     System highways have on the safety of the overall highway 
     network, including the net effects on single-vehicle and 
     multiple-vehicle collision rates for those vehicles.
                                 ______
                                 
  SA 4888. Mr. INHOFE (for himself and Mr. Bond) submitted an amendment 
intended to be proposed by him to the bill S. 3036, to direct the 
Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 161, between lines 6 and 7, insert the following:

     SEC. 530. ACTION UPON HIGHER DIESEL PRICES CAUSED BY THIS 
                   ACT.

       (a) Determination of Higher Diesel Prices Caused by This 
     Act.--Not less than annually, the Secretary of Energy, in 
     consultation with the Secretary of Transportation and the 
     Administrator, shall determine whether implementation of this 
     Act has caused the average retail price of diesel to increase 
     since the date of enactment of this Act.
       (b) Administrator Action.--Notwithstanding any other 
     provision of this Act, upon a determination under subsection 
     (a) of higher diesel prices caused by this Act, the 
     Administrator shall suspend such provisions of this Act as 
     the Administrator determines are necessary until 
     implementation of the provisions no longer causes a diesel 
     price increase.
                                 ______
                                 
  SA 4889. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 224, line 16, strike ``65'' and insert ``39''.
       On page 226, line 11, strike ``30'' and insert ``18''.
       On page 227, line 5, strike ``5'' and insert ``3''.
       On page 228, strike line 13 and insert the following:
       (j) Grants for Traffic Congestion and Bottleneck Relief 
     Projects.--
       (1) In general.--Of the funds deposited into the 
     Transportation Sector Emission Reduction Fund each year 
     pursuant to subsection (e), 40 percent shall be distributed 
     to State governmental authorities to assist in reducing 
     highway traffic congestion, through--
       (A) programs to alleviate traffic congestion at documented 
     highway bottlenecks; and
       (B) programs to deploy systemic improvements to reduce 
     traffic congestion.
       (2) Use of funds.--A State governmental authority shall use 
     funds received under paragraph (1) for--
       (A) construction of new roadway or bridge capacity, 
     including single-occupancy vehicle lanes;
       (B) technology applications; and
       (C) operational improvements.
       (3) Terms and conditions.--Funds provided under this 
     subsection shall be subject to the terms and conditions 
     applicable to allocations of funds under section 103 of title 
     23, United States Code.
       (4) Cost share.--The Federal share of the cost of an 
     activity funded under this subsection shall not exceed 80 
     percent.
       (k) Condition for Receipt of Funds.--To be eli-
                                 ______
                                 
  SA 4890. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                 TITLE XVIII--RENEWABLE ENERGY STANDARD

     SEC. 1801. RENEWABLE PORTFOLIO STANDARD.

       (a) In General.--Title VI of the Public Utility Regulatory 
     Policies Act of 1978 (16 U.S.C. 2601 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 610. FEDERAL RENEWABLE PORTFOLIO STANDARD.

       ``(a) Definitions.--In this section:
       ``(1) Base amount of electricity.--The term `base amount of 
     electricity' means the total amount of electricity sold by an 
     electric utility to electric consumers in a calendar year, 
     excluding electricity generated by a hydroelectric facility 
     (including a pumped storage facility, but excluding 
     incremental hydropower).
       ``(2) Distributed generation facility.--The term 
     `distributed generation facility' means a facility at a 
     customer site.
       ``(3) Existing renewable energy.--The term `existing 
     renewable energy' means, except as provided in paragraph 
     (7)(B), electric energy generated at a facility (including a 
     distributed generation facility) placed in service prior to 
     January 1, 2001, from solar, wind, or geothermal energy, 
     ocean energy, biomass (as defined in section 203(b) of the

[[Page 11660]]

     Energy Policy Act of 2005 (42 U.S.C. 15852(b)), landfill gas, 
     or municipal solid waste.
       ``(4) Geothermal energy.--The term `geothermal energy' 
     means energy derived from a geothermal deposit (within the 
     meaning of section 613(e)(2) of the Internal Revenue Code of 
     1986).
       ``(5) Incremental geothermal production.--
       ``(A) In general.--The term `incremental geothermal 
     production' means for any year the excess of--
       ``(i) the total kilowatt hours of electricity produced from 
     a facility (including a distributed generation facility) 
     using geothermal energy; over
       ``(ii) the average annual kilowatt hours produced at such 
     facility for 5 of the previous 7 calendar years before the 
     date of enactment of this section after eliminating the 
     highest and the lowest kilowatt hour production years in such 
     7-year period.
       ``(B) Special rule.--A facility described in subparagraph 
     (A) that was placed in service at least 7 years before the 
     date of enactment of this section shall, commencing with the 
     year in which such date of enactment occurs, reduce the 
     amount calculated under subparagraph (A)(ii) each year, on a 
     cumulative basis, by the average percentage decrease in the 
     annual kilowatt hour production for the 7-year period 
     described in subparagraph (A)(ii) with such cumulative sum 
     not to exceed 30 percent.
       ``(6) Incremental hydropower.--
       ``(A) In general.--The term `incremental hydropower' means 
     additional energy generated as a result of efficiency 
     improvements or capacity additions made on or after January 
     1, 2001, or the effective date of an existing applicable 
     State renewable portfolio standard program at a hydroelectric 
     facility that was placed in service before that date.
       ``(B) Exclusion.--The term `incremental hydropower' does 
     not include additional energy generated as a result of 
     operational changes not directly associated with efficiency 
     improvements or capacity additions.
       ``(C) Measurement.--Efficiency improvements and capacity 
     additions shall be measured on the basis of the same water 
     flow information used to determine a historic average annual 
     generation baseline for the hydroelectric facility and 
     certified by the Secretary or the Federal Energy Regulatory 
     Commission.
       ``(7) New renewable energy.--The term `new renewable 
     energy' means--
       ``(A) electric energy generated at a facility (including a 
     distributed generation facility) placed in service on or 
     after January 1, 2001, from--
       ``(i) solar, wind, or geothermal energy or ocean energy;
       ``(ii) biomass (as defined in section 203(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15852(b));
       ``(iii) landfill gas;
       ``(iv) incremental hydropower; or
       ``(v) municipal solid waste; and
       ``(B) for electric energy generated at a facility 
     (including a distributed generation facility) placed in 
     service prior to the date of enactment of this section--
       ``(i) the additional energy above the average generation 
     during the 3-year period ending on the date of enactment of 
     this section at the facility from--

       ``(I) solar or wind energy or ocean energy;
       ``(II) biomass (as defined in section 203(b) of the Energy 
     Policy Act of 2005 (42 U.S.C. 15852(b));
       ``(III) landfill gas;
       ``(IV) incremental hydropower; or
       ``(V) municipal solid waste; and

       ``(ii) incremental geothermal production.
       ``(8) Ocean energy.--The term `ocean energy' includes 
     current, wave, tidal, and thermal energy.
       ``(b) Renewable Energy Requirement.--
       ``(1) In general.--Each electric utility that sells 
     electricity to electric consumers shall obtain a percentage 
     of the base amount of electricity the electric utility sells 
     to electric consumers in any calendar year from new renewable 
     energy or existing renewable energy.
       ``(2) Minimum annual percentage.--The percentage obtained 
     in a calendar year shall not be less than the amount 
     specified in the following table:

                                                         Minimum annual
``Calendar year:                                            percentage:
  2010.............................................................. 2 
  2011.............................................................. 4 
  2012.............................................................. 6 
  2013.............................................................. 8 
  2014..............................................................10 
  2015..............................................................11 
  2016..............................................................12 
  2017..............................................................13 
  2018..............................................................14 
  2019..............................................................15 
  2020..............................................................16 
  2021..............................................................17 
  2022..............................................................18 
  2023..............................................................19 
  2024..............................................................20.
       ``(3) Means of compliance.--An electric utility shall meet 
     the requirements of this subsection by--
       ``(A) submitting to the Secretary renewable energy credits 
     issued under subsection (c);
       ``(B) making alternative compliance payments to the 
     Secretary at the rate of 2 cents per kilowatt hour (as 
     adjusted for inflation under subsection (h)); or
       ``(C) conducting a combination of activities described in 
     subparagraphs (A) and (B).
       ``(c) Renewable Energy Credit Trading Program.--
       ``(1) In general.--Not later than July 1, 2009, the 
     Secretary shall establish a renewable energy credit trading 
     program under which each electric utility shall submit to the 
     Secretary renewable energy credits to certify the compliance 
     of the electric utility with respect to obligations under 
     subsection (b).
       ``(2) Administration.--As part of the program, the 
     Secretary shall--
       ``(A) issue tradeable renewable energy credits to 
     generators of electric energy from new renewable energy;
       ``(B) issue nontradeable renewable energy credits to 
     generators of electric energy from existing renewable energy;
       ``(C) issue renewable energy credits to electric utilities 
     associated with State renewable portfolio standard compliance 
     mechanisms pursuant to subsection (i);
       ``(D) ensure that a kilowatt hour, including the associated 
     renewable energy credit, shall be used only once for purposes 
     of compliance with this section;
       ``(E) allow double credits for generation from facilities 
     on Indian land, and triple credits for generation from small 
     renewable distributed generators (meaning those no larger 
     than 1 megawatt); and
       ``(F) ensure that, with respect to a purchaser that as of 
     the date of enactment of this section has a purchase 
     agreement from a renewable energy facility placed in service 
     before that date, the credit associated with the generation 
     of renewable energy under the contract is issued to the 
     purchaser of the electric energy.
       ``(3) Duration.--A credit described in subparagraph (A) or 
     (B) of paragraph (2) may only be used for compliance with 
     this section during the 3-year period beginning on the date 
     of issuance of the credit.
       ``(4) Transfers.--An electric utility that holds credits in 
     excess of the quantity of credits needed to comply with 
     subsection (b) may transfer the credits to another electric 
     utility in the same utility holding company system.
       ``(5) Delegation of market function.--The Secretary may 
     delegate to an appropriate entity that establishes markets 
     the administration of a national tradeable renewable energy 
     credit market for purposes of creating a transparent national 
     market for the sale or trade of renewable energy credits.
       ``(d) Enforcement.--
       ``(1) Civil penalties.--Any electric utility that fails to 
     meet the compliance requirements of subsection (b) shall be 
     subject to a civil penalty.
       ``(2) Amount of penalty.--Subject to paragraph (3), the 
     amount of the civil penalty shall be equal to the product 
     obtained by multiplying--
       ``(A) the number of kilowatt-hours of electric energy sold 
     to electric consumers in violation of subsection (b); by
       ``(B) the greater of--
       ``(i) 2 cents (adjusted for inflation under subsection 
     (h)); or
       ``(ii) 200 percent of the average market value of renewable 
     energy credits during the year in which the violation 
     occurred.
       ``(3) Mitigation or waiver.--
       ``(A) In general.--The Secretary may mitigate or waive a 
     civil penalty under this subsection if the electric utility 
     is unable to comply with subsection (b) for reasons outside 
     of the reasonable control of the utility.
       ``(B) Reduction.--The Secretary shall reduce the amount of 
     any penalty determined under paragraph (2) by an amount paid 
     by the electric utility to a State for failure to comply with 
     the requirement of a State renewable energy program if the 
     State requirement is greater than the applicable requirement 
     of subsection (b).
       ``(4) Procedure for assessing penalty.--The Secretary shall 
     assess a civil penalty under this subsection in accordance 
     with the procedures prescribed by section 333(d) of the 
     Energy Policy and Conservation Act of 1954 (42 U.S.C. 6303).
       ``(e) State Renewable Energy Account Program.--
       ``(1) In general.--Not later than December 31, 2008, the 
     Secretary of the Treasury shall establish a State renewable 
     energy account in the Treasury.
       ``(2) Deposits.--
       ``(A) In general.--All money collected by the Secretary 
     from alternative compliance payments and the assessment of 
     civil penalties under this section shall be deposited into 
     the renewable energy account established under paragraph (1).
       ``(B) Separate account.--The State renewable energy account 
     shall be maintained as a separate account in the Treasury and 
     shall not be transferred to the general fund of the Treasury.
       ``(3) Use.--Proceeds deposited in the State renewable 
     energy account shall be used by the Secretary, subject to 
     appropriations, for a program to provide grants to the State 
     agency responsible for developing State energy conservation 
     plans under section 362 of the Energy Policy and Conservation 
     Act (42 U.S.C. 6322) for the purposes of promoting renewable 
     energy production, including programs that promote 
     technologies that reduce

[[Page 11661]]

     the use of electricity at customer sites such as solar water 
     heating.
       ``(4) Administration.--The Secretary may issue guidelines 
     and criteria for grants awarded under this subsection. State 
     energy offices receiving grants under this section shall 
     maintain such records and evidence of compliance as the 
     Secretary may require.
       ``(5) Preference.--In allocating funds under this program, 
     the Secretary shall give preference--
       ``(A) to States in regions which have a disproportionately 
     small share of economically sustainable renewable energy 
     generation capacity; and
       ``(B) to State programs to stimulate or enhance innovative 
     renewable energy technologies.
       ``(f) Rules.--The Secretary shall issue rules implementing 
     this section not later than 1 year after the date of 
     enactment of this section.
       ``(g) Exemptions.--This section shall not apply in any 
     calendar year to an electric utility--
       ``(1) that sold less than 4,000,000 megawatt-hours of 
     electric energy to electric consumers during the preceding 
     calendar year; or
       ``(2) in Hawaii.
       ``(h) Inflation Adjustment.--Not later than December 31, 
     2008, and December 31 of each year thereafter, the Secretary 
     shall adjust for United States dollar inflation (as measured 
     by the Consumer Price Index)--
       ``(1) the price of a renewable energy credit under 
     subsection (c)(2); and
       ``(2) the amount of the civil penalty per kilowatt-hour 
     under subsection (d)(2).
       ``(i) State Programs.--
       ``(1) In general.--Nothing in this section diminishes any 
     authority of a State or political subdivision of a State to 
     adopt or enforce any law or regulation respecting renewable 
     energy, but, except as provided in subsection (d)(3), no such 
     law or regulation shall relieve any person of any requirement 
     otherwise applicable under this section.
       ``(2) Coordination.--The Secretary, in consultation with 
     States having such renewable energy programs, shall, to the 
     maximum extent practicable, facilitate coordination between 
     the Federal program and State programs.
       ``(3) Regulations.--
       ``(A) In general.--The Secretary, in consultation with 
     States, shall promulgate regulations to ensure that an 
     electric utility subject to the requirements of this section 
     that is also subject to a State renewable energy standard 
     receives renewable energy credits in relation to equivalent 
     quantities of renewable energy associated with compliance 
     mechanisms, other than the generation or purchase of 
     renewable energy by the electric utility, including the 
     acquisition of certificates or credits and the payment of 
     taxes, fees, surcharges, or other financial compliance 
     mechanisms by the electric utility or a customer of the 
     electric utility, directly associated with the generation or 
     purchase of renewable energy.
       ``(B) Prohibition on double counting.--The regulations 
     promulgated under this paragraph shall ensure that a kilowatt 
     hour associated with a renewable energy credit issued 
     pursuant to this subsection shall not be used for compliance 
     with this section more than once.
       ``(j) Recovery of Costs.--
       ``(1) In general.--The Commission shall issue and enforce 
     such regulations as are necessary to ensure that an electric 
     utility recovers all prudently incurred costs associated with 
     compliance with this section.
       ``(2) Applicable law.--A regulation under paragraph (1) 
     shall be enforceable in accordance with the provisions of law 
     applicable to enforcement of regulations under the Federal 
     Power Act (16 U.S.C. 791a et seq.).
       ``(k) Wind Energy Development Study.--The Secretary, in 
     consultation with appropriate Federal and State agencies, 
     shall conduct, and submit to Congress a report describing the 
     results of, a study on methods to increase transmission line 
     capacity for wind energy development.
       ``(l) Sunset.--This section expires on December 31, 
     2040.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 
     prec. 2601) is amended by adding at the end of the items 
     relating to title VI the following:

``Sec. 609. Rural and remote communities electrification grants.
``Sec. 610. Federal renewable portfolio standard.''.
                                 ______
                                 
  SA 4891. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

   Subtitle H--Sense of the Senate Regarding Excessive Big Oil Chief 
                     Executive Officer Compensation

     SEC. 1771. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) the national average price for a gallon of gasoline has 
     increased from the price of $1.47 per gallon during the week 
     President George W. Bush took office in January 2001 to, as 
     of the date of enactment of this Act, an all-time high of 
     approximately $4.00 per gallon;
       (2) the price of a barrel of oil has increased during the 
     administration of George W. Bush, from $30.63 in January 2001 
     to as high as $135 in May 2008;
       (3) the average household with children will spend 
     approximately $5,030 on transportation fuel costs in 2008, an 
     increase of 164 percent or $3,127 more than 2001 
     transportation fuel costs;
       (4) while the price of gasoline has continued to skyrocket, 
     median household income, adjusted for inflation, has declined 
     by $982 from $50,566 in 2000 to $49,584 in 2006, making it 
     harder for families of the United States to afford the basic 
     necessities of life;
       (5) while the price of gasoline has continued to skyrocket, 
     36,500,000 citizens of the United States lived in poverty 
     during 2006, an increase of 4,900,000 above the 2000 level, 
     the year before President Bush took office;
       (6) 63 percent of respondents of a March 2008 Gallup Poll 
     stated that high gasoline prices have caused hardships for 
     the respondents;
       (7) according to a Gallup Poll carried out on June 3, 2008, 
     55 percent of the citizens of the United States stated that 
     they are worse off financially than the prior year, marking 
     the first time in the 32-year history of the Gallop Poll that 
     more than 50 percent of the respondents of that question 
     provided a negative assessment;
       (8) while the citizens of the United States continue to pay 
     record-breaking prices at the gas pump, the chief executive 
     officers of big oil companies have been rewarded with 
     excessive retirement and annual compensation packages;
       (9) in 2005, Lee Raymond, the former chief executive 
     officer of Exxon-Mobil, received a total retirement package 
     of at least $398,000,000, among the richest compensation 
     packages in United States corporate history;
       (10) in 2006, Ray Irani, the chief executive officer of 
     Occidental Petroleum (the largest oil producer in the State 
     of Texas), received over $400,000,000 in total compensation, 
     1 of the largest single-year payouts in United States 
     corporate history;
       (11) in 2007, David J. O'Reilly, the chief executive 
     officer of Chevron, received $34,610,000 in total 
     compensation;
       (12) in 2007, Rex Tillerson, the chief executive officer of 
     ExxonMobil, received $21,000,000 in total compensation;
       (13) in 2007, Jim Mulva, the chief executive officer of 
     ConocoPhillips, received $15,100,000 in total compensation; 
     and
       (14) in 2007, Bob R. Simpson, the chief executive officer 
     of XTO Energy (1 of the largest independent oil and gas 
     producers in the United States), received $72,700,000 in 
     total compensation.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that at a time during which the citizens of the United States 
     continue to pay record-breaking prices for gasoline, chief 
     executive officers of big oil companies should not receive 
     for total annual compensation an amount greater than 
     $5,000,000.
                                 ______
                                 
  SA 4892. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

                 Subtitle H--Margin Level for Crude Oil

     SEC. 1771. MARGIN LEVEL FOR CRUDE OIL.

       Section 2(a)(1) of the Commodity Exchange Act (7 U.S.C. 
     2(a)(1)) is amended by adding at the end the following:
       ``(G) Margin level for crude oil.--
       ``(i) In general.--Except as provided in clause (ii), not 
     later than 90 days after the date of enactment of this 
     subparagraph, the Commission shall promulgate regulations to 
     increase by not less than 25 percent the margin level of 
     crude oil traded on any trading facility or as part of any 
     agreement, contract, or transaction covered by this Act.
       ``(ii) Exception.--The Commission shall not increase the 
     margin level of crude oil if--

       ``(I) the buyer and seller of the crude oil are primarily 
     engaged in the business of extracting, refining, 
     transporting, or selling crude oil (including products 
     refined from crude oil); or
       ``(II) the buyer or seller of the crude oil is a retail 
     consumer or other final user of the crude oil or a product 
     refined from the crude oil (including an entity that uses the 
     crude oil in a manufacturing process) that is the subject of 
     any agreement, contract, or transaction covered by this 
     Act.''.

                                 ______
                                 
  SA 4893. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page 11662]]

       At the end of title XVII, add the following:

                     Subtitle H--Commodity Futures

     SEC. 1771. MARGIN LEVEL FOR CRUDE OIL.

       Section 2(a)(1) of the Commodity Exchange Act (7 U.S.C. 
     2(a)(1)) is amended by adding at the end the following:
       ``(G) Margin level for crude oil.--
       ``(i) In general.--Except as provided in clause (ii), not 
     later than 90 days after the date of enactment of this 
     subparagraph, the Commission shall promulgate regulations to 
     increase by not less than 25 percent the margin level of 
     crude oil traded on any trading facility or as part of any 
     agreement, contract, or transaction covered by this Act.
       ``(ii) Exception.--The Commission shall not increase the 
     margin level of crude oil if--

       ``(I) the buyer and seller of the crude oil are primarily 
     engaged in the business of extracting, refining, 
     transporting, or selling crude oil (including products 
     refined from crude oil); or
       ``(II) the buyer or seller of the crude oil is a retail 
     consumer or other final user of the crude oil or a product 
     refined from the crude oil (including an entity that uses the 
     crude oil in a manufacturing process) that is the subject of 
     any agreement, contract, or transaction covered by this 
     Act.''.

     SEC. 1772. ENERGY COMMODITIES AND RELATED SWAPS TRADED ON 
                   FOREIGN BOARDS OF TRADE.

       Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is 
     amended by adding at the end the following:
       ``(j) Energy Commodities and Related Swaps Traded on 
     Foreign Boards of Trade.--
       ``(1) In general.--Notwithstanding paragraphs (3) through 
     (5) of subsection (h), agreements, contracts, or 
     transactions, including futures, swaps, and derivatives 
     transactions that serve a price discovery function for energy 
     commodities delivered in the United States, that are 
     facilitated or transacted on any contract market or 
     electronic trading facility that is regulated by a foreign 
     regulatory agency, shall--
       ``(A) register as a designated contract market pursuant to 
     section 4(a); and
       ``(B) be subject to the rules and regulations of the 
     Commission, including disclosure requirements, that apply to 
     designated contract markets.
       ``(2) Registration.--A contract market or electronic 
     trading facility that is subject to paragraph (1) shall 
     register with the Commission not later than 180 days after 
     the date of enactment of this subsection.
       ``(3) Inapplicability of exemptions.--Any exemption from 
     registration, including no action letters, issued by the 
     Commission or the staff of the Commission shall not be 
     applicable after this date.''.

     SEC. 1773. CONFLICTS OF INTEREST IN COMMODITIES MARKETS.

       Section 2 of the Commodity Exchange Act (7 U.S.C. 2) (as 
     amended by section 1772) is amended by adding at the end the 
     following:
       ``(k) Conflicts of Interest in Commodities Markets.--
       ``(1) In general.--The Commission or the Securities and 
     Exchange Commission, as appropriate, shall establish and 
     enforce rules to eliminate or minimize conflicts of interest 
     in transactions in commodities traded on or subject to the 
     rules of a board of trade, and establish a process for 
     resolving such conflicts of interest, including rules that 
     (with respect to a commodity that is traded on or subject to 
     the rules of a board of trade by any covered person)--
       ``(A) prohibit the crude oil research division of the 
     covered person that is responsible for predicting the price 
     of crude oil from any communications between the division and 
     energy traders;
       ``(B) prohibit energy traders from conducting transactions 
     that relate to the energy infrastructure of the covered 
     person;
       ``(C) prohibit a covered person from engaging in energy 
     derivative transactions or energy futures contracts on behalf 
     of themselves or the clients of the covered person;
       ``(D) prohibit investment banks from owning energy 
     commodities;
       ``(E) require investment banks to disclose income from oil 
     and gas trading activities;
       ``(F) prohibit investment banks from having an interest in 
     an energy exchange;
       ``(G) prohibit United States investors from trading on an 
     unregulated exchange; and
       ``(H) require investment banks to disclose the long and 
     short positions of the banks in the filings of the bank.
       ``(2) Penalty.--An individual or entity that (as determined 
     by the Commission or the Securities and Exchange Commission, 
     as appropriate) repeatedly violates an applicable provision 
     of this subsection or a rule or regulation promulgated 
     pursuant to this subsection shall be subject to a fine of 
     $1,000,000, imprisoned for not more than 10 years, or both, 
     for each violation.''.
                                 ______
                                 
  SA 4894. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

                     Subtitle H--Commodity Futures

     SEC. 1771. ENERGY COMMODITIES AND RELATED SWAPS TRADED ON 
                   FOREIGN BOARDS OF TRADE.

       Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is 
     amended by adding at the end the following:
       ``(j) Energy Commodities and Related Swaps Traded on 
     Foreign Boards of Trade.--
       ``(1) In general.--Notwithstanding paragraphs (3) through 
     (5) of subsection (h), any contract market or electronic 
     trading facility that is regulated by a foreign regulatory 
     agency and that facilitates, or on which is transacted, any 
     agreements, contracts, or transactions, including futures, 
     swaps, and derivatives transactions, that serve a price 
     discovery function for energy commodities delivered in the 
     United States, shall--
       ``(A) register as a designated contract market pursuant to 
     section 4(a); and
       ``(B) be subject to the rules and regulations of the 
     Commission, including disclosure requirements, that apply to 
     designated contract markets.
       ``(2) Registration.--Each contract market and electronic 
     trading facility that is subject to paragraph (1) shall 
     register with the Commission not later than 180 days after 
     the date of enactment of this subsection.
       ``(3) Inapplicability of exemptions.--Any exemption from 
     registration, including no action letters, issued by the 
     Commission or the staff of the Commission shall not be 
     applicable after the date of enactment of this subsection.''.
                                 ______
                                 
  SA 4895. Mr. SANDERS submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

                     Subtitle H--Commodity Futures

     SEC. 1771. CONFLICTS OF INTEREST IN COMMODITIES MARKETS.

       Section 2 of the Commodity Exchange Act (7 U.S.C. 2) is 
     amended by adding at the end the following:
       ``(j) Conflicts of Interest in Commodities Markets.--
       ``(1) In general.--The Commission or the Securities and 
     Exchange Commission, as appropriate, shall establish and 
     enforce rules to eliminate or minimize conflicts of interest 
     in transactions in commodities traded on or subject to the 
     rules of a board of trade, and establish a process for 
     resolving such conflicts of interest, including rules that 
     (with respect to a commodity that is traded on or subject to 
     the rules of a board of trade by any covered person)--
       ``(A) prohibit the crude oil research division of the 
     covered person that is responsible for predicting the price 
     of crude oil from any communications between the division and 
     energy traders;
       ``(B) prohibit energy traders from conducting transactions 
     that relate to the energy infrastructure of the covered 
     person;
       ``(C) prohibit a covered person from engaging in energy 
     derivative transactions or energy futures contracts on behalf 
     of themselves or the clients of the covered person;
       ``(D) prohibit investment banks from owning energy 
     commodities;
       ``(E) require investment banks to disclose income from oil 
     and gas trading activities;
       ``(F) prohibit investment banks from having an interest in 
     an energy exchange;
       ``(G) prohibit United States investors from trading on an 
     unregulated exchange; and
       ``(H) require investment banks to disclose the long and 
     short positions of the banks in the filings of the bank.
       ``(2) Penalty.--An individual or entity that (as determined 
     by the Commission or the Securities and Exchange Commission, 
     as appropriate) repeatedly violates an applicable provision 
     of this subsection or a rule or regulation promulgated 
     pursuant to this subsection shall be subject to a fine of 
     $1,000,000, imprisoned for not more than 10 years, or both, 
     for each violation.''.
                                 ______
                                 
  SA 4896. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. NATIONAL COMMISSION ON ENERGY POLICY AND GLOBAL 
                   CLIMATE CHANGE.

       (a) Establishment.--There is established a commission, to 
     be known as the ``National Commission on Energy Policy and 
     Global Climate Change'' (referred to in this section as the 
     ``Commission'').
       (b) Purposes.--The purposes of the Commission are--
       (1) to examine all aspects of the national energy situation 
     and related policies in order to develop a comprehensive, 
     economy-wide policy approach to energy issues;

[[Page 11663]]

       (2) to examine relevant data relating to global climate 
     change, including impacts of human activities; and
       (3) to report to Congress and the President the findings, 
     conclusions, and recommendations of the Commission for 
     legislation to establish a comprehensive national energy 
     policy that ensures national energy security and 
     significantly reduces greenhouse gas emissions in order to 
     address global climate change without damaging the economy.
       (c) Composition.--
       (1) Membership.--The Commission shall be composed of 12 
     members, of whom--
       (A) 1 shall be jointly appointed by the Majority Leader of 
     the Senate and the Speaker of the House of Representatives, 
     who shall serve as Chairperson of the Commission;
       (B) 1 shall be jointly appointed by the Minority Leader of 
     the Senate and the Minority Leader of the House of 
     Representatives, who shall serve as Vice-Chairperson of the 
     Commission;
       (C) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Environment and Public 
     Works of the Senate;
       (D) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Natural Resources of the 
     House of Representatives, in consultation with the Select 
     Committee on Energy Independence and Global Warming of the 
     House of Representatives;
       (E) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Energy and Natural 
     Resources of the Senate;
       (F) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Energy and Commerce of the 
     House of Representatives;
       (G) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Commerce, Science, and 
     Transportation of the Senate;
       (H) 1 shall be jointly appointed by the Chairpersons and 
     Ranking Members of the Committees on Science and Technology 
     and Transportation and Infrastructure of the House of 
     Representatives;
       (I) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate;
       (J) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Agriculture of the House 
     of Representatives;
       (K) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Finance of the Senate; and
       (L) 1 shall be jointly appointed by the Chairperson and 
     Ranking Member of the Committee on Ways and Means of the 
     House of Representatives.
       (2) Qualifications.--
       (A) Political party affiliation.--An appointment of a 
     member of the Commission under paragraph (1) shall be made--
       (i) without regard to the political party affiliation of 
     the member; and
       (ii) on a nonpartisan basis.
       (B) Nongovernmental appointees.--A member appointed to the 
     Commission under paragraph (1) shall not be an officer or 
     employee of--
       (i) the Federal Government; or
       (ii) any unit of State or local government.
       (C) Sense of congress regarding other qualifications.--It 
     is the sense of Congress that members appointed to the 
     Commission under paragraph (1) should be prominent, 
     nationally recognized United States citizens, with a 
     significant depth of experience in professions such as 
     governmental service, science, energy, economics, the 
     environment, agriculture, manufacturing, public 
     administration, and commerce (including aviation matters).
       (3) Deadline for appointments.--All members of the 
     Commission shall be appointed by not later than 90 days after 
     the date of enactment of this Act.
       (4) Meetings.--
       (A) Initial meeting.--The Commission shall hold the initial 
     meeting of the Commission as soon as practicable, and not 
     later than 60 days, after the date on which all members of 
     the Commission are appointed.
       (B) Subsequent meetings.--After the initial meeting under 
     subparagraph (A), the Commission shall meet at the call of--
       (i) the Chairperson; or
       (ii) a majority of the members of the Commission.
       (5) Quorum.--7 members of the Commission shall constitute a 
     quorum.
       (6) Vacancies.--A vacancy on the Commission--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled in the same manner in which the 
     original appointment was made.
       (d) Duties.--
       (1) In general.--The Commission shall--
       (A) study and evaluate relevant data, studies, and 
     proposals relating to national energy policies and policies 
     to address global climate change, including any relevant 
     legislation, Executive order, regulation, plan, policy, 
     practice, or procedure relating to--
       (i) domestic production and consumption of energy from all 
     sources and imported sources of energy, particularly oil and 
     natural gas;
       (ii) domestic and international oil and gas exploration, 
     production, refining, and pipelines and other forms of 
     infrastructure and transportation;
       (iii) energy markets, including energy market speculation, 
     transparency, and oversight;
       (iv) the structure of the energy industry, including the 
     impacts of consolidation, antitrust, and oligopolistic 
     concerns, market manipulation and collusion concerns, and 
     other similar matters;
       (v) electricity production and transmission issues, 
     including fossil fuels, renewable energy, energy efficiency, 
     and energy conservation matters;
       (vi) transportation fuels, biofuels and other renewable 
     fuels, fuel cells, motor vehicle power systems, efficiency, 
     and conservation; and
       (vii) nuclear energy, including matters relating to 
     permitting, regulation, and legal liability;
       (B) examine relevant data relating to global climate change 
     and the national and global environment, including--
       (i) the impacts on the global climate system and the 
     environment of human activities, particularly greenhouse gas 
     emissions and pollution; and
       (ii) the consequences of global climate change on humans 
     and other species, particularly consequences to the national 
     security, economy, and public health and safety of the United 
     States;
       (C) identify, review, and evaluate the lessons of past 
     energy policies, energy crises, environmental problems, and 
     attempts to address global climate change;
       (D) evaluate proposals for energy and global climate change 
     policies, including proposals developed by Members of 
     Congress, congressional Committees, relevant Federal, 
     regional, and State government agencies, nongovernmental 
     organizations, independent organizations, and international 
     organizations, with the goal of expanding those proposals to 
     develop a blueprint for comprehensive energy and global 
     climate change legislation; and
       (E) submit to Congress and the President the reports 
     required under subsection (h).
       (2) Relationship to efforts of congress.--The Commission 
     shall--
       (A) review the information compiled by, and the findings, 
     conclusions, and recommendations of, congressional Committees 
     of relevant jurisdiction; and
       (B) based on the results of the review, pursue any 
     appropriate inquiry that the Commission determines to be 
     necessary to carry out the duties of the Commission under 
     paragraph (1).
       (e) Powers.--
       (1) In general.--
       (A) Rules.--The Commission may establish such rules 
     relating to administrative procedures as are reasonably 
     necessary to enable the Commission to carry out this section.
       (B) Hearings and evidence.--
       (i) In general.--The Commission or any subcommittee or 
     member of the Commission may, for the purpose of carrying out 
     this section--

       (I) hold such hearings and sit and act at such times and 
     places, take such testimony, receive such evidence, and 
     administer such oaths as the Commission determines to be 
     appropriate; and
       (II) subject to paragraph (2)(A), require, by subpoena or 
     otherwise, the attendance and testimony of such witnesses and 
     the production of such books, records, correspondence, 
     memoranda, papers, and documents, as the Commission 
     determines to be necessary.

       (ii) Public requirement.--In accordance with applicable 
     laws (including regulations) and Executive orders regarding 
     protection of information acquired by the Commission, the 
     Commission shall ensure that, to the maximum extent 
     practicable--

       (I) all hearings of the Commission are open to the public, 
     including by--

       (aa) providing live and recorded public access to hearings 
     on the Internet; and
       (bb) publishing all transcripts and records of hearings at 
     such time and in such manner as is agreed to by the majority 
     of members of the Commission; and

       (II) all findings and reports of the Commission are made 
     public.

       (2) Subpoenas.--
       (A) Issuance.--
       (i) In general.--A subpoena may be issued under this 
     subsection only--

       (I) on agreement of the Chairperson and Vice-Chairperson of 
     the Commission; or
       (II) on the affirmative vote of at least 6 members of the 
     Commission.

       (ii) Signature.--Subject to clause (i), a subpoena issued 
     under this paragraph may be--

       (I) issued under the signature of the Chairperson of the 
     Commission (or a designee who is a member of the Commission); 
     and
       (II) served by any individual or entity designated by the 
     Chairperson or designee.

       (B) Enforcement.--
       (i) In general.--In the case of contumacy or failure to 
     obey a subpoena issued under subparagraph (A), the United 
     States district court for the judicial district in which the 
     subpoenaed individual or entity resides, is served, or may be 
     found, or to which the subpoena is returnable, may issue an 
     order requiring the individual or entity to appear at

[[Page 11664]]

     a designated place to testify or to produce documentary or 
     other evidence.
       (ii) Failure to obey.--

       (I) In general.--A failure to obey the order of a United 
     States district court under clause (i) may be punished by the 
     United States district court as a contempt of the court.
       (II) Enforcement by commission.--In the case of failure of 
     a witness to comply with a subpoena, or to testify if 
     summoned pursuant to this paragraph--

       (aa) the Commission, by majority vote, may certify to the 
     appropriate United States Attorney a statement of fact 
     regarding the failure; and
       (bb) the United States Attorney may bring the matter before 
     the grand jury for action in accordance with sections 102 
     through 104 of the Revised Statutes (2 U.S.C. 192 et seq.).
       (3) Contracting.--To the extent amounts are made available 
     in appropriations Acts, the Commission may enter into 
     contracts to assist the Commission in carrying out the duties 
     of the Commission under this section.
       (4) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     to be necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission.
       (C) Treatment.--Information provided to the Commission 
     under this paragraph shall be received, handled, stored, and 
     disseminated by members and staff of the Commission in 
     accordance with applicable law (including regulations) and 
     Executive orders.
       (5) Assistance from federal agencies.--
       (A) General services administration.--The Administrator of 
     General Services shall provide to the Commission, on a 
     reimbursable basis, administrative support and other services 
     to assist the Commission in carrying out the duties of the 
     Commission under this section.
       (B) Other departments and agencies.--In addition to the 
     assistance described in subparagraph (A), any other Federal 
     department or agency may provide to the Commission such 
     services, funds, facilities, staff, and other support as the 
     head of the department or agency determines to be 
     appropriate.
       (6) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (7) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property only in accordance 
     with the ethical rules applicable to congressional officers 
     and employees.
       (8) Volunteer services.--
       (A) In general.--Notwithstanding section 1342 of title 31, 
     United States Code, the Commission may accept and use the 
     services of volunteers serving without compensation.
       (B) Reimbursement.--The Commission may reimburse a 
     volunteer for office supplies, local travel expenses, and 
     other travel expenses, including per diem in lieu of 
     subsistence, in accordance with section 5703 of title 5, 
     United States Code.
       (C) Treatment.--A volunteer of the Commission shall be 
     considered to be an employee of the Federal Government in 
     carrying out activities for the Commission, for purposes of--
       (i) chapter 81 of title 5, United States Code;
       (ii) chapter 11 of title 18, United States Code; and
       (iii) chapter 171 of title 28, United States Code.
       (f) Commission Personnel Matters.--
       (1) Compensation of members.--A member of the Commission 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (3) Staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Commission.
       (C) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Chairperson of the Commission may fix the compensation of the 
     executive director and other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (D) Status.--The executive director and any employee (not 
     including any member) of the Commission shall be considered 
     to be employees under section 2105 of title 5, United States 
     Code, for purposes of chapters 63, 81, 83, 84, 85, 87, 89, 
     and 90 of that title.
       (E) Consultant services.--The Commission may procure the 
     services of experts and consultants in accordance with 
     section 3109 of title 5, United States Code, at rates not to 
     exceed the daily rate paid to an individual occupying a 
     position at level IV of the Executive Schedule under section 
     5315 of title 5, United States Code.
       (g) Nonapplicability of FACA.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the 
     Commission.
       (h) Reports.--
       (1) Interim reports.--Not later than June 1, 2009, and 
     thereafter as the Commission determines to be appropriate, 
     the Commission shall submit to Congress and the President an 
     interim report describing the findings and recommendations 
     agreed to by a majority of members of the Commission during 
     the period beginning on the date on which, as applicable--
       (A) all members of the Commission are appointed under 
     subsection (c); or
       (B) the most recent interim report was submitted under this 
     paragraph.
       (2) Final report.--Not later than 18 months after the date 
     on which all members of the Commission are appointed under 
     subsection (c), the Commission shall submit to Congress and 
     the President a final report establishing a plan for 
     development of legislation for a comprehensive national 
     policy relating to energy security that--
       (A) addresses global climate change; and
       (B) describes the findings and recommendations agreed to by 
     a majority of members of the Commission.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Commission such sums as are 
     necessary to carry out this section, to remain available 
     until the later of--
       (1) the date on which the funds are expended; or
       (2) the date of termination of the Commission under 
     subsection (j).
       (j) Termination.--
       (1) In general.--The Commission shall terminate on the date 
     that is 60 days after the date on which the final report is 
     submitted under subsection (h)(2).
       (2) Administrative activities before termination.--During 
     the 60-day period described in paragraph (1), the Commission 
     may conclude the activities of the Commission, including--
       (A) providing testimony to appropriate committees of 
     Congress regarding the reports of the Commission; and
       (B) publishing the final report of the Commission.
                                 ______
                                 
  SA 4897. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 377, strike line 21 and all that follows 
     through page 379, line 8, and insert the following:
       (a) In General.--Of the amounts made available annually 
     under section 1231(b), 15 percent shall be allocated to the 
     Secretary of Commerce for use in funding adaptation 
     activities to protect, maintain, and restore coastal, 
     estuarine, Great Lakes, and marine resources, habitats, and 
     ecosystems, including activities carried out under--
       (1) the coastal and estuarine land conservation program;
       (2) the community-based restoration program;
       (3) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
     et seq.), subject to the condition that State coastal 
     agencies shall incorporate, and the Secretary of Commerce 
     shall approve, coastal zone management plan elements that 
     are--
       (A) consistent with the National Wildlife Adaptation 
     Strategy developed by the President under section 1222(a), as 
     part of a coastal zone management program established under 
     this Act; and
       (B) specifically designed to strengthen the ability of 
     coastal, estuarine, and marine resources, habitats, and 
     ecosystems to adapt to and withstand the impacts of--
       (i) global warming; and
       (ii) where practicable, ocean acidification;
       (4) the Open Rivers Initiative;
       (5) the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.);
       (6) the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1361 et seq.);
       (7) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (8) the Marine Protection, Research, and Sanctuaries Act of 
     1972 (33 U.S.C. 1401 et seq.); and
       (9) the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 
     et seq.).

[[Page 11665]]

       (b) Regional Integrated Sciences and Assessments Program.--
     Of the amounts made available annually under section 1231(b), 
     2 percent shall be allocated to the Secretary of Commerce for 
     use in funding activities through the Regional Integrated 
     Sciences and Assessments program of the Department of 
     Commerce, including the development of climate mitigation and 
     adaptation decision support systems and tools for regional, 
     State, and local decision-makers and policy planners.
                                 ______
                                 
  SA 4898. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 36, line 14 and all that follows through 
     page 41, line 8, strike ``Administrator'' each place it 
     appears and insert ``Secretary of Energy''.
       Beginning on page 142, strike line 9 and all that follows 
     through page 147, line 20 and insert the following:

            Subtitle D--Climate Change Technology Initiative

     SEC. 431. ESTABLISHMENT.

       There is established, within the Department of Energy, a 
     Climate Change Technology Initiative.

     SEC. 432. PURPOSE.

       The purpose of the Climate Change Technology Initiative 
     shall be to advance the purposes of this Act by using the 
     funds made available to the Secretary of Energy under titles 
     VIII through XI to accelerate the commercialization and 
     diffusion of low- and zero-carbon technologies and practices.

     SEC. 433. DISTRIBUTION OF FUNDS.

       The Secretary of Energy shall have the authority to 
     distribute funds made available to the Secretary under this 
     Act.

     SEC. 434. NOTIFICATION OF DISTRIBUTION OF FUNDS.

       (a) Advance Notification.--Not later than 60 days before 
     distributing any funds made available under this Act to the 
     Secretary of Energy, the Secretary shall--
       (1) publish in the Federal Register a detailed notification 
     of the distribution; and
       (2) provide a detailed notification of the distribution 
     to--
       (A) the President; and
       (B) each committee of Congress with jurisdiction over an 
     activity that would be funded under the distribution.
       (b) Annual Report.--Not later than 90 days after the end of 
     each fiscal year, the Secretary of Energy shall submit to 
     Congress a report describing, with respect to amounts 
     obligated by the Secretary under this Act for that fiscal 
     year--
       (1) the actual amounts obligated during that fiscal year;
       (2) the purposes for which the amounts were obligated; and
       (3) the balance, if any, of amounts that--
       (A) were obligated during that year; but
       (B) remain unexpended as of the date of submission of the 
     report.

     SEC. 435. REVIEWS AND AUDITS BY COMPTROLLER GENERAL.

       The Comptroller General of the United States shall conduct 
     periodic reviews and audits of the efficacy of the 
     distributions of funds made by the Secretary of Energy under 
     this Act.
       On page 283, lines 18 and 19, strike ``Climate Change 
     Technology Board established by section 431'' and insert 
     ``Secretary of Energy''.
       On page 284, lines 2 and 3, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 285, line 3, strike ``Climate Change Technology 
     Board'' and insert ``Secretary of Energy''.
       On page 285, lines 17 and 18, strike ``Climate Change 
     Technology Board established by section 431'' and insert 
     ``Secretary of Energy''.
       On page 286, lines 3 and 4, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 286, lines 17 and 18, strike ``Climate Change 
     Technology Board, in consultation with the Administrator, the 
     Secretary of Energy,'' and insert ``Secretary of Energy, in 
     consultation with the Administrator,''.
       On page 286, line 23, strike ``Climate Change Technology 
     Board'' and insert ``Secretary of Energy''.
       On page 288, lines 1 and 2, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 288, lines 10 and 11, strike ``Climate Change 
     Technology Board established by section 431'' and insert 
     ``Secretary of Energy''.
       On page 288, lines 17 and 18, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 289, line 7, strike ``Climate Change Technology 
     Board'' and insert ``Secretary of Energy''.
       On page 289, lines 23 and 24, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 290, lines 5 and 6, strike ``Climate Change 
     Technology Board established by section 431'' and insert 
     ``Secretary of Energy''.
       On page 290, lines 11 and 12, strike ``Climate Change 
     Technology Board established by section 431'' and insert 
     ``Secretary of Energy''.
       On page 291, lines 5 and 6, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 291, lines 13 and 14, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 297, lines 15 and 16, strike ``Climate Change 
     Technology Board established by section 431'' and insert 
     ``Secretary of Energy''.
       On page 297, line 21, strike ``Climate Change Technology 
     Board'' and insert ``Secretary of Energy''.
       On page 298, lines 5 and 6, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 298, lines 20 and 21, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 299, line 4, strike ``Climate Change Technology 
     Board'' and insert ``Secretary of Energy''.
       On page 299, lines 7 and 8, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 301, lines 6 and 7, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 301, lines 14 and 15, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 302, lines 3 and 4, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 304, strike lines 4 through 7.
       On page 305, lines 7 and 8, strike ``Climate Change 
     Technology Board established by section 431 (referred to in 
     this subtitle as the `Board')'' and insert ``Secretary of 
     Energy''.
       Beginning on page 305, line 10, and all that follows 
     through page 306, line 3, strike ``Board'' each place it 
     appears and insert ``Secretary of Energy''.
       On page 333, lines 21 and 22, strike ``Climate Change 
     Technology Board established by section 431'' and insert 
     ``Secretary of Energy''.
       On page 334, lines 3 and 4, strike ``Climate Change 
     Technology Board established by section 431'' and insert 
     ``Secretary of Energy''.
       On page 334, lines 25 and 26, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 335, lines 15 and 16, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 337, lines 1 and 2, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 337, lines 6 and 7, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 337, lines 11 and 12, strike ``Climate Change 
     Technology Board'' and insert ``Secretary of Energy''.
       On page 480, lines 23 and 24, strike ``the Board, or the 
     Climate Change Technology Board'' and insert ``or the 
     Board''.
                                 ______
                                 
  SA 4899. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 241, after line 21, strike the table and insert the 
     following:

------------------------------------------------------------------------
                                                         Percentage for
                                                        State leaders in
                                                            reducing
                    Calendar Year                        greenhouse gas
                                                         emissions and
                                                        improving energy
                                                           efficiency
------------------------------------------------------------------------
2012.................................................              0
2013.................................................              0
2014.................................................              0
2015.................................................              0
2016.................................................              0.25
2017.................................................              0.25
2018.................................................              0.55
2019.................................................              0.75
2020.................................................              1
2021.................................................              1
2022.................................................              5.5
2023.................................................              5.75
2024.................................................              6.0
2025.................................................              6.25
2026.................................................              6.5
2027.................................................              6.75
2028.................................................              7
2029.................................................              7.25
2030.................................................              7.5
2031.................................................              8.5
2032.................................................              9.5
2033.................................................              9.5
2034.................................................              9.5
2035.................................................              9.5
2036.................................................              9.5
2037.................................................              9.5
2038.................................................              9.5
2039.................................................              9.5
2040.................................................              9.5
2041.................................................              9.5

[[Page 11666]]

 
2042.................................................              9.5
2043.................................................              9.5
2044.................................................              9.5
2045.................................................              9.5
2046.................................................              9.5
2047.................................................              9.5
2048.................................................              9.5
2049.................................................              9.5
2050.................................................              9.5.
------------------------------------------------------------------------


       On page 290, lines 6 and 7, strike ``4 percent'' and insert 
     ``5.6 percent''.
       On page 294, line 20, strike ``1.75 percent'' and insert 
     ``3.25 percent''.
       On page 303, line 5, strike ``0.25 percent'' and insert 
     ``0.75 percent''.
       On page 458, after line 5, strike the table and insert the 
     following:

------------------------------------------------------------------------
                                                         Percentage for
                                                          auction for
                    Calendar year                      Deficit Reduction
                                                              Fund
------------------------------------------------------------------------
2012.................................................              6.15
2013.................................................              6.15
2014.................................................              6.15
2015.................................................              6.90
2016.................................................              7.15
2017.................................................              7.15
2018.................................................              7.65
2019.................................................              7.4
2020.................................................              8.4
2021.................................................              9.9
2022.................................................              8.75
2023.................................................              9.75
2024.................................................             10.75
2025.................................................             10.75
2026.................................................             12.75
2027.................................................             12.75
2028.................................................             12.75
2029.................................................             13.75
2030.................................................             13.75
2031.................................................             19.75
2032.................................................             17.75
2033.................................................             17.75
2034.................................................             16.75
2035.................................................             16.75
2036.................................................             16.75
2037.................................................             16.75
2038.................................................             16.75
2039.................................................             16.75
2040.................................................             16.75
2041.................................................             16.75
2042.................................................             16.75
2043.................................................             16.75
2044.................................................             16.75
2045.................................................             16.75
2046.................................................             16.75
2047.................................................             16.75
2048.................................................             16.75
2049.................................................             16.75
2050.................................................             16.75
------------------------------------------------------------------------

                                 ______
                                 
  SA 4900. Mr. SALAZAR (for himself, Mrs. Dole, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 194, strike lines 14 through 19 and insert the 
     following:
       (1) In general.--The Administrator shall include, in the 
     regulations promulgated pursuant to subsection (a), 
     provisions for--
       (A) distributing solely among rural electric cooperatives, 
     in addition to any other allowances that rural electric 
     cooperatives are eligible to receive, the quantities of 
     emission allowances represented by percentages in the 
     following table; and
       (B) deducting those quantities from the percentages 
     specified in the table under section 551(b):

------------------------------------------------------------------------
                                                         Percentage for
                                                          distribution
                    Calendar year                         among rural
                                                            electric
                                                          cooperatives
------------------------------------------------------------------------
2012.................................................              1
2013.................................................              1
2014.................................................              1
2015.................................................              1
2016.................................................              1
2017.................................................              1
2018.................................................              1
2019.................................................              1
2020.................................................              1
2021.................................................              1
2022.................................................              0.75
2023.................................................              0.75
2024.................................................              0.75
2025.................................................              0.75
2026.................................................              0.5
2027.................................................              0.5
2028.................................................              0.5
2029.................................................              0.25
2030.................................................              0.25
------------------------------------------------------------------------

                                 ______
                                 
  SA 4901. Mr. SALAZAR (for himself, Mr. Barrasso, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 194, strike lines 4 through 8 and insert the 
     following:
       (A)(i) the average annual quantity of carbon dioxide 
     equivalents emitted by the fossil fuel-fired electricity 
     generator during the 3 calendar years preceding the date of 
     enactment of this Act; or
       (ii) in the case of a fossil fuel-fired electricity 
     generator that was placed in service during the 3-year period 
     ending on the date of enactment of this Act, the quantity of 
     carbon dioxide equivalents emitted by the facility during 
     normal operations exclusive of start-up testing, outages, and 
     related operations, on an annual equivalent basis; by
                                 ______
                                 
  SA 4902. Mr. REID (for Mr. Kennedy) submitted an amendment intended 
to be proposed by him to the bill S. 3036, to direct the Administrator 
of the Environmental Protection Agency to establish a program to 
decrease emissions of greenhouse gases, and for other purposes; which 
was ordered to lie on the table; as follows:

       Insert after section 125, the following:

     SEC. 126. RESEARCH ON THE HEALTH EFFECTS OF CLIMATE CHANGE.

       Title III of the Public Health Service Act is amended by 
     inserting after section 317S (42 U.S.C. 247b-21) the 
     following:

     ``SEC. 317T. IMPROVING THE PUBLIC HEALTH RESPONSE TO CLIMATE 
                   CHANGE.

       ``(a) Expansion of Research Within CDC.--The Secretary, 
     acting through the Centers for Disease Control and 
     Prevention, shall, to the extent that amounts are 
     appropriated under subsection (b)--
       ``(1) provide funding for research on the health effects of 
     climate change;
       ``(2) develop additional expertise in the prevention and 
     preparedness for the health effects of climate change;
       ``(3) provide technical support to State and local health 
     departments in developing preparedness plans, and 
     communicating with the public relating to the health effects 
     of climate change; and
       ``(4) develop training programs for public health 
     professionals concerning the health risks and interventions 
     related to climate change.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated, such sums as may be necessary 
     to carry out activities under subsection (a) in each of 
     fiscal years 2009 through 2013.''.
       Add at the end of title VI, the following:

   Subtitle E--Partnerships To Improve the Public Health Response to 
                             Climate Change

     SEC. 641. PARTNERSHIPS TO IMPROVE THE PUBLIC HEALTH RESPONSE 
                   TO CLIMATE CHANGE.

       (a) In General.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2050, the 
     Administrator shall allocate a percentage of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for the applicable calendar year for distribution among 
     States for activities carried out in response to the impacts 
     of global climate change, in accordance with subsection (b).
       (b) Percentages for Allocation.--For each of calendar years 
     2012 through 2050, the Administrator shall distribute in 
     accordance with subsection (a) the percentage of emission 
     allowances specified in the following table:


------------------------------------------------------------------------
                                                             Percentage
                                                            for auction
                      Calendar year                         for Deficit
                                                             Reduction
                                                                Fund
------------------------------------------------------------------------
2012.....................................................          0.5
2013.....................................................          0.5
2014.....................................................          0.5
2015.....................................................          0.5
2016.....................................................          0.5
2017.....................................................          0.5
2018.....................................................          0.5
2019.....................................................          0.5
2020.....................................................          0.5
2021.....................................................          0.75
2022.....................................................          0.75
2023.....................................................          0.75
2024.....................................................          0.75
2025.....................................................          1
2026.....................................................          1
2027.....................................................          1
2028.....................................................          1
2029.....................................................          1
2030.....................................................          1
2031.....................................................          1
2032.....................................................          1
2033.....................................................          1
2034.....................................................          1
2035.....................................................          1

[[Page 11667]]

 
2036.....................................................          1
2037.....................................................          1
2038.....................................................          1
2039.....................................................          1
2040.....................................................          1
2041.....................................................          1
2042.....................................................          1
2043.....................................................          1
2044.....................................................          1
2045.....................................................          1
2046.....................................................          1
2047.....................................................          1
2048.....................................................          1
2049.....................................................          1
2050.....................................................          1.
------------------------------------------------------------------------

       (c) Distribution.--The emission allowances available for 
     allocation under subsection (b) for a calendar year shall be 
     distributed among the States in proportion to the population 
     of each such State.
       (d) Use of Emission Allowances or Proceeds.--
       (1) In general.--During any calendar year, a State 
     receiving emission allowances under this section shall use 
     the emission allowances (or proceeds of the sale of those 
     emission allowances) only for projects and activities to plan 
     for and address the impacts of climate change on public 
     health.
       (2) Specific uses.--The projects and activities described 
     in paragraph (1) shall include projects and activities to--
       (A) develop, improve, and integrate disease surveillance 
     systems to respond to the health-related effects of climate 
     change;
       (B) develop rapid response systems for extreme weather 
     events;
       (C) identify and prioritize vulnerable communities and 
     populations and actions that should be taken to protect them 
     from the health-related effects of climate change;
       (D) study and develop communication methods and materials 
     to determine the most effective ways to communicate with 
     individuals and communities concerning potential threats, 
     protective behaviors, and preventive actions relating to 
     climate change;
       (E) pursue collaborative efforts to develop community 
     strategies to prevent the effects of climate change;
       (F) train or develop the public health workforce to 
     strengthen the capacity of such workforce to respond to, and 
     prepare for, the health effects of climate change; and
       (G) carry out other activities determined appropriate by 
     the Secretary of Health and Human Services to plan for and 
     address the impacts of climate change on public health.
       (3) Coordination.--In carrying out this subsection, a State 
     shall coordinate with the Administrator and the heads of 
     other appropriate Federal agencies to ensure, to the maximum 
     extent practicable, an efficient and effective use of 
     emission allowances (or proceeds of sale of those emission 
     allowances) allocated under this section.
       (e) Return of Unused Emission Allowances.--Any State 
     receiving emission allowances under this section shall return 
     to the Administrator any such emission allowances that the 
     State has failed to use in accordance with subsection (d) by 
     not later than 5 years after the date of receipt of the 
     emission allowances from the Administrator.
       (f) Use of Returned Emission Allowances.--The Administrator 
     shall, in accordance with subsection (c), distribute any 
     emission allowances returned to the Administrator under 
     subsection (e) to States other than the State that returned 
     those allowances to the Administrator.
       (g) Report.--
       (1) In general.--A State receiving allowances under this 
     section shall annually submit to the appropriate committees 
     of Congress and the appropriate Federal agencies a report 
     describing the purposes for which the State has used--
       (A) the allowances received under this section; and
       (B) the proceeds of the sale by the State of allowances 
     received under this section.
       (2) Definition.--As used in this subsection, the term ``the 
     appropriate committees of Congress'' shall include the 
     Committee on Health, Education, Labor and Pensions of the 
     Senate.
       In section 1223(a)(1)(B), insert ``public health,'' after 
     ``climate change,''.
       In section 1223(b)(1)(A), insert ``public health,'' after 
     ``ecosystems,''.
       In section 1402(c), strike the table and insert the 
     following:


------------------------------------------------------------------------
                                                             Percentage
                                                            for auction
                      Calendar year                         for Deficit
                                                             Reduction
                                                                Fund
------------------------------------------------------------------------
2012.....................................................          5.25
2013.....................................................          5.25
2014.....................................................          5.25
2015.....................................................          6.
2016.....................................................          6.25
2017.....................................................          6.25
2018.....................................................          6.75
2019.....................................................          6.5
2020.....................................................          7.5
2021.....................................................          8.75
2022.....................................................          8
2023.....................................................          9
2024.....................................................         10
2025.....................................................          9.75
2026.....................................................         11.75
2027.....................................................         11.75
2028.....................................................         11.75
2029.....................................................         12.75
2030.....................................................         12.75
2031.....................................................         18.75
2032.....................................................         16.75
2033.....................................................         16.75
2034.....................................................         15.75
2035.....................................................         15.75
2036.....................................................         15.75
2037.....................................................         15.75
2038.....................................................         15.75
2039.....................................................         15.75
2040.....................................................         15.75
2041.....................................................         15.75
2042.....................................................         15.75
2043.....................................................         15.75
2044.....................................................         15.75
2045.....................................................         15.75
2046.....................................................         15.75
2047.....................................................         15.75
2048.....................................................         15.75
2049.....................................................         15.75
2050.....................................................         15.75.
------------------------------------------------------------------------


       In section 1601(b)(1), strike ``and'' at the end.
       In section 1601(b)(2)(F), strike the period and insert ``; 
     and''.
       In section 1601(b), add at the end the following:
       ``(3) provide recommendations for the design and 
     integration of public health systems that can recognize and 
     respond to the health effects of climate change, particularly 
     emerging and reemerging communicable diseases.''.
       In section 1602, amend the section heading to read as 
     follows:

     SEC. 1602. AGENCY RECOMMENDATIONS.

       In section 1602, add at the end the following:
       (f) Recommendations on Improving the Public Health Response 
     to Climate Change.--Not later than January 1, 2013, the 
     Secretary of Health and Human Services shall submit to 
     Congress legislative recommendations based in part on the 
     most recent report submitted by the National Academy of 
     Sciences pursuant to section 1601(b)(3).
       In section 1603(b)(4), strike ``and'' at the end.
       In section 1603(b), insert after paragraph (4) the 
     following and redesignate accordingly:
       ``(5) the Secretary of Health and Human Services; and''.
                                 ______
                                 
  SA 4903. Mr. WARNER (for himself, Mr. Liberman, Mrs. Dole, and Mrs. 
Boxer) submitted an amendment intended to be proposed by him to the 
bill S. 3036, to direct the Administrator of the Environment Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 481, strike lines 8 through 13 and insert the 
     following:
       (a) Declaration.--
       (1) In general.--If the President determines that a 
     national security, energy security, or economic security 
     emergency exists, and that it is in the paramount interest of 
     the United States to modify any requirement under this Act to 
     minimize the effects of the emergency, the President may make 
     an emergency declaration.
       (2) Increase in price of transportation fuel.--In making a 
     determination under paragraph (1), any increase in the price 
     of transportation fuel that the President determines to be 
     attributable to the implementation of this Act may serve as 
     the basis for an emergency declaration under that paragraph 
     if the increase amounts to a national security, energy 
     security, or economic security emergency, as determined by 
     the President.
                                 ______
                                 
  SA 4904. Mr. REED (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 192, strike line 13 and all that follows 
     through page 193, line 8, and insert the following:

     SEC. 551. ALLOCATION.

       (a) In General.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2026, the 
     Administrator shall allocate a quantity of emission 
     allowances established pursuant to section 201(a) for that 
     calendar year for distribution among owners and operators of 
     fossil fuel-fired electricity generators in the United 
     States.
       (b) Quantities of Emission Allowances Allocated.--The 
     quantities of emission allowances allocated pursuant to 
     subsection (a) shall be the quantities specified in the 
     following table:


[[Page 11668]]



------------------------------------------------------------------------
                                                          Allowances for
                                                           distribution
                                                           among fossil
                     Calendar year                          fuel-fired
                                                           electricity
                                                         generators  (in
                                                            millions)
------------------------------------------------------------------------
2012...................................................        713.8735
2013...................................................        700.7704
2014...................................................        687.5436
2015...................................................        674.4405
2016...................................................        648.4032
2017...................................................        623.0108
2018...................................................        582.9819
2019...................................................        522.2118
2020...................................................        451.9791
2021...................................................        373.1201
2022...................................................        264.9938
2023...................................................        216.3391
2024...................................................        160.0451
2025...................................................        146.4000
2026...................................................         32.8593.
------------------------------------------------------------------------

     SEC. 552. DISTRIBUTION.

       (a) Regulations.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations establishing a system for distributing, for each 
     of calendar years 2012 through 2026, among owners and 
     operators of individual fossil fuel-fired electricity 
     generators in the United States, the emission allowances 
     allocated for that year by section 551.

       On page 195, line 1, strike ``2029'' and insert ``2026''.

       Beginning on page 196, strike line 18 and all that follows 
     through page 197, line 8, and insert the following:

     SEC. 561. ALLOCATION.

       (a) In General.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2026, the 
     Administrator shall allocate a quantity of emission 
     allowances established pursuant to section 201(a) for that 
     calendar year for distribution among owners and operators of 
     entities that manufacture petroleum-based liquid or gaseous 
     fuel in the United States.
       (b) Quantities of Emission Allowances Allocated.--The 
     quantities of emission allowances allocated pursuant to 
     subsection (a) shall be the quantities specified in the 
     following table:


------------------------------------------------------------------------
                                                          Allowances for
                                                            refiners of
                      Calendar year                         petroleum-
                                                            based fuel
                                                           (in millions)
------------------------------------------------------------------------
2012....................................................        79.3193
2013....................................................        77.8634
2014....................................................        76.3937
2015....................................................        74.9378
2016....................................................        73.0595
2017....................................................        71.2012
2018....................................................        33.7961
2019....................................................        32.1361
2020....................................................        30.1319
2021....................................................        27.6385
2022....................................................        23.5550
2023....................................................        21.1063
2024....................................................        17.7828
2025....................................................        16.7314
2026....................................................         5.7147.
------------------------------------------------------------------------


       Beginning on page 198, strike line 19 and all that follows 
     through page 199, line 8, and insert the following:

     SEC. 571. ALLOCATION.

       (a) In General.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2026, the 
     Administrator shall allocate a quantity of emission 
     allowances established pursuant to section 201(a) for that 
     calendar year for distribution among owners and operators 
     of--
       (1) natural gas processing plants in the United States 
     (other than in the State of Alaska);
       (2) entities that produce natural gas in the State of 
     Alaska or the Federal waters of the outer Continental Shelf 
     off the coast of that State; and
       (3) entities that hold title to natural gas, including 
     liquefied natural gas, or natural-gas liquid at the time of 
     importation into the United States.
       (b) Quantities of Emission Allowances Allocated.--The 
     quantities of emission allowances allocated pursuant to 
     subsection (a) shall be the quantities specified in the 
     following table:


------------------------------------------------------------------------
                                                          Allowances for
                                                           natural-gas
                     Calendar year                       processors  (in
                                                            millions)
------------------------------------------------------------------------
2012...................................................         29.7447
2013...................................................         29.1988
2014...................................................         28.6477
2015...................................................         28.1017
2016...................................................         27.3973
2017...................................................         26.7005
2018...................................................         25.3470
2019...................................................         24.1021
2020...................................................         22.5990
2021...................................................         20.7289
2022...................................................         17.6663
2023...................................................         15.8297
2024...................................................         13.3371
2025...................................................         12.5486
2026...................................................          4.2860.
------------------------------------------------------------------------


       Beginning on page 202, strike line 24 and all that follows 
     through the table on page 203, preceding line 3, and insert 
     the following:
       (c) Quantities of Emission Allowances Auctioned.--The 
     quantities of emission allowances allocated for each calendar 
     year pursuant to subsection (a) shall be the quantities 
     specified in the following table:


------------------------------------------------------------------------
                                                          Allowances for
                                                              energy
                     Calendar year                        consumers  (in
                                                            millions)
------------------------------------------------------------------------
2012...................................................        202.1250
2013...................................................        212.5875
2014...................................................        208.5750
2015...................................................        218.2400
2016...................................................        227.3325
2017...................................................        235.9350
2018...................................................        256.8500
2019...................................................        301.8000
2020...................................................        295.4400
2021...................................................        289.0200
2022...................................................        329.7700
2023...................................................        322.3500
2024...................................................        359.8400
2025...................................................        351.3600
2026...................................................        385.7400
2027...................................................        417.9000
2028...................................................        407.3000
2029...................................................        436.2600
2030...................................................        463.2000
2031...................................................        443.6250
2032...................................................        429.0000
2033...................................................        414.5000
2034...................................................        432.0000
2035...................................................        416.2050
2036...................................................        400.5450
2037...................................................        384.7500
2038...................................................        369.0900
2039...................................................        353.4300
2040...................................................        337.6350
2041...................................................        321.9750
2042...................................................        306.3150
2043...................................................        290.5200
2044...................................................        274.8600
2045...................................................        259.0650
2046...................................................        243.4050
2047...................................................        227.7450
2048...................................................        211.9500
2049...................................................        196.2900
2050...................................................        180.4950.
------------------------------------------------------------------------

       Beginning on page 204, strike line 22 and all that follows 
     through page 206, line 21, and insert the following:

     SEC. 601. ASSISTING ENERGY CONSUMERS THROUGH LOCAL 
                   DISTRIBUTION ENTITIES, LIHEAP PROGRAM, AND 
                   WEATHERIZATION ASSISTANCE PROGRAM.

       (a) Allocation and Reservation.--
       (1) LDC allocation.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2050, the 
     Administrator shall allocate among local distribution 
     companies and natural gas local distribution companies the 
     quantities of emission allowances established pursuant to 
     section 201(a) for the calendar year for local distribution 
     companies as specified in the following table:

------------------------------------------------------------------------
                                        Allowances for    Allowances for
                                             LDC's        LDC's natural
            Calendar year               electricity (in      gas (in
                                           millions)        millions)
------------------------------------------------------------------------
2012.................................          548.6250        187.6875
2013.................................          552.7275        184.2425
2014.................................          542.2950        180.7650
2015.................................          531.9600        177.3200
2016.................................          521.5275        173.8425
2017.................................          511.1925        170.3975
2018.................................          500.8575        166.9525
2019.................................          490.4250        163.4750
2020.................................          480.0900        160.0300
2021.................................          469.6575        156.5525
2022.................................          459.3225        153.1075
2023.................................          448.9875        149.6625
2024.................................          438.5550        146.1850
2025.................................          428.2200        142.7400
2026.................................          428.6000        150.0100
2027.................................          410.1611        143.5564
2028.................................          392.2148        137.2752
2029.................................          345.1889        120.8161
2030.................................          328.8148        115.0852
2031.................................          319.4100         70.9800
2032.................................          308.8800         68.6400
2033.................................          298.4400         66.3200
2034.................................          288.0000         64.0000
2035.................................          277.4700         61.6600
2036.................................          267.0300         59.3400
2037.................................          256.5000         57.0000
2038.................................          246.0600         54.6800
2039.................................          235.6200         52.3600
2040.................................          225.0900         50.0200
2041.................................          214.6500         47.7000
2042.................................          204.2100         45.3800
2043.................................          193.6800         43.0400
2044.................................          183.2400         40.7200
2045.................................          172.7100         38.3800
2046.................................          162.2700         36.0600
2047.................................          151.8300         33.7400
2048.................................          141.3000         31.4000
2049.................................          130.8600         29.0800
2050.................................          120.3300         26.7400.
------------------------------------------------------------------------

       (2) LIHEAP/WAP reservation.--Not later than 330 days before 
     the beginning of each of

[[Page 11669]]

     calendar years 2012 through 2050, the Administrator shall 
     reserve for the low-income home energy assistance program 
     established under the Low-Income Home Energy Assistance Act 
     of 1981 (42 U.S.C. 8621 et seq.), and the Weatherization 
     Assistance Program for Low-Income Persons established under 
     part A of title IV of the Energy Conservation and Production 
     Act (42 U.S.C. 6861 et seq.) the quantities of emission 
     allowances established pursuant to section 201(a) for the 
     calendar year for local distribution companies as specified 
     in the following table:

------------------------------------------------------------------------
                                                          Allowances for
                                        Allowances for    Weatherization
            Calendar year                 LIHEAP (in       Program (in
                                           millions)        millions)
------------------------------------------------------------------------
2012.................................          259.8750        115.5000
2013.................................          255.1050        113.3800
2014.................................          250.2900        111.2400
2015.................................          245.5200        109.1200
2016.................................          240.7050        106.9800
2017.................................          235.9350        104.8600
2018.................................          231.1650        102.7400
2019.................................          226.3500        100.6000
2020.................................          221.5800         98.4800
2021.................................          216.7650         96.3400
2022.................................          211.9950         94.2200
2023.................................          207.2250         92.1000
2024.................................          202.4100         89.9600
2025.................................          197.6400         87.8400
2026.................................          192.8700         85.7200
2027.................................          188.0550         83.5800
2028.................................          183.2850         81.4600
2029.................................          178.4700         79.3200
2030.................................          173.7000         77.2000
2031.................................          133.0875          8.8725
2032.................................          128.7000          8.5800
2033.................................          124.3500          8.2900
2034.................................          120.0000          8.0000
2035.................................          115.6125          7.7075
2036.................................          111.2625          7.4175
2037.................................          106.8750          7.1250
2038.................................          102.5250          6.8350
2039.................................           98.1750          6.5450
2040.................................           93.7875          6.2525
2041.................................           89.4375          5.9625
2042.................................           85.0875          5.6725
2043.................................           80.7000          5.3800
2044.................................           76.3500          5.0900
2045.................................           71.9625          4.7975
2046.................................           67.6125          4.5075
2047.................................           63.2625          4.2175
2048.................................           58.8750          3.9250
2049.................................           54.5250          3.6350
2050.................................           50.1375          3.3425.
------------------------------------------------------------------------

       (b) Distribution.--
       (1) Local distribution entities.--
       (A) In general.--For each calendar year, the emission 
     allowances allocated under subsection (a) for local 
     distribution entities shall be distributed by the 
     Administrator to each local distribution entity based on the 
     proportion that--
       On page 206, strike line 22 and insert the following:
       (i) the quantity of electricity or natural
       On page 207, strike line 7 and insert the following:
       (ii) the total quantity of electricity or nat-
       On page 207, strike line 15 and insert the following:
       (B) Basis.--The Administrator shall base the
       On page 207, line 18, strike ``paragraph (1)'' and insert 
     ``subparagraph (A)''.
       On page 207, between lines 21 and 22, insert the following:
       (2) Distribution to liheap and wap.--With respect to the 
     allowances reserved under subsection (a)(2) for the low-
     income home energy assistance program established under the 
     Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 
     et seq.), and the Weatherization Assistance Program for Low-
     Income Persons established under part A of title IV of the 
     Energy Conservation and Production Act (42 U.S.C. 6861 et 
     seq.), as specified in the table contained in subsection 
     (a)(2), the Administrator shall--
       (A) auction the allowances in accordance with the 
     procedures described in section 582(b); and
       (B) transfer the proceeds of the auctions of the allowances 
     for low-income home energy assistance program established 
     under the Low-Income Home Energy Assistance Act of 1981 (42 
     U.S.C. 8621 et seq.) and the Weatherization Assistance 
     Program for Low-Income Persons established under part A of 
     title IV of the Energy Conservation and Production Act (42 
     U.S.C. 6861 et seq.) to the Secretary of Health and Human 
     Services and the Secretary of Energy, respectively, for use 
     in carrying out those programs.
       Beginning on page 210, strike line 22 and all that follows 
     through page 211, line 3.
       On page 211, line 4, strike ``(IV)'' and insert ``(II)''.
       On page 211, strike lines 10 and 11 and insert the 
     following:

       (III) includes energy efficiency and other pro-

       Beginning on page 211, strike line 18 and all that follows 
     through page 212, line 14, and insert the following:
       (C) Development.--A local distribution entity may develop 
     an assistance program under this paragraph--
       (i) in consultation with appropriate State regulatory 
     authorities; or
       (ii) for the purpose of supplementing an existing low-
     income consumer assistance plan of the entity.
       On page 214, line 5, strike ``issuing rebates'' and insert 
     ``creating incentive programs''.
       Beginning on page 214, strike line 14 and all that follows 
     through page 215, line 9, and insert the following:
       (B) Minimum percentage requirement.--Each local 
     distribution entity shall use not less than 30 percent of the 
     proceeds of from the sale of emission allowances under 
     paragraph (1) to benefit low-income residential energy 
     consumers.
       On page 216, line 12, strike ``rebates'' and insert 
     ``incentives''.

                                 ______
                                 
  SA 4905. Mr. CARPER (for himself and Mr. Lautenberg) submitted an 
amendment intended to be proposed to amendment SA 4825 proposed by Mrs. 
Boxer (for herself, Mr. Warner, and Mr. Lieberman) to the bill S. 3036, 
to direct the Administrator of the Environmental Protection Agency to 
establish a program to decrease emissions of greenhouse gases, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 352, between lines 16 and 17, insert the following:

        Subtitle E-Intercity Passenger Rail Service Enhancement

     SEC. 1151. INTERCITY PASSENGER RAIL FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury a Fund to be known as the ``Inter-city Passenger 
     Rail Fund''.
       (b) Auctions.--Annually over the course of at least 4 
     auctions spaced evenly over a period beginning 330 days 
     before, and ending 60 days after, the beginning of each 
     calendar year from 2012 through 2050, the Administrator, for 
     the purpose of raising funds to deposit into the Intercity 
     Passenger Rail Fund, shall auction .5 percent of the emission 
     allowances established for that year pursuant to subsection 
     (a) of section 201.
       (c) Use of the Fund.--The Fund shall invest in capital 
     projects of the National Railroad Passenger Corporation, 
     States, and localities--
       (1) to develop and expand Amtrak routes and corridors 
     throughout the United States;
       (2) to construct, purchase, replace, or improve passenger 
     rail-related infrastructure, including locomotives, rolling 
     stock, stations and facilities;
       (3) to improve or expand passenger rail service and 
     infrastructure capacity; and
       (4) to promote or improve intercity rail passenger service 
     reliability, convenience, and on-time performance.
       (d) Treatment of Amounts in the Fund.-- Amounts in the 
     Fund--
       (1) may be used only for the purposes described in this 
     section;
       (2) shall be in addition to the amounts made available 
     through any other appropriations for any fiscal year, and
       (3) shall remain available until expended.
                                 ______
                                 
  SA 4906. Mr. CARPER submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 611 and insert the following:

     SEC. 611. TRANSPORTATION ALTERNATIVES.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a fund, to be known as the 
     ``Transportation Alternatives Fund'' (referred to in this 
     section as the ``Fund'').
       (b) Auctions.--
       (1) In general.--For each of calendar years 2012 through 
     2050, the Administrator shall auction, for the purpose of 
     raising funds to deposit in the Fund, 10 percent of the 
     emission allowances established pursuant to section 201(a) 
     for each calendar year, in accordance with paragraph (2).
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (c) Grants.--The Secretary of Transportation (referred to 
     in this section as the ``Secretary'') shall use amounts in 
     the Fund to provide grants to States and metropolitan 
     planning organizations for use in accordance with this 
     section.
       (d) Use of Funds.--
       (1) Planning.--To be eligible to receive a grant under this 
     section, a State or metropolitan planning organization 
     shall--
       (A) establish as a goal the reduction of greenhouse gas 
     emissions from the transportation sector during the 10-year 
     period beginning on the date of enactment of this Act by 
     reducing vehicle miles traveled in the jurisdictions of the 
     States and metropolitan planning organizations; and

[[Page 11670]]

       (B) carry out activities to achieve that goal through the 
     integration into the long-term transportation plans of the 
     State or metropolitan planning organization of a verifiable 
     transportation carbon reduction plan that includes investment 
     in--
       (i) new or expanded transit projects eligible for 
     assistance under chapter 53 of title 49, United States Code;
       (ii) new or expanded intercity passenger rail service, 
     including the development of intercity corridor service, 
     elimination of rail capacity restrictions, purchase of 
     rolling stock, and provision of more reliable and convenient 
     intercity rail passenger service;
       (iii) sidewalks, crosswalks, bicycle paths, pedestrian 
     signals, pavement marking, traffic calming techniques, 
     modification of public sidewalks to achieve compliance with 
     the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 
     et seq.), and other strategies to encourage pedestrian and 
     bike travel;
       (iv) infill, transit-oriented, or mixed-use development;
       (v) intermodal facilities, additional freight rail, or 
     multimodal freight capacity;
       (vi) carpool or vanpool projects;
       (vii) updates to zoning and other land use regulations;
       (viii) transportation and land-use scenario analyses and 
     stakeholder engagement to support development of integrated 
     transportation plans;
       (ix) improvements in travel and land-use data collection 
     and in travel models to better measure greenhouse gas 
     emissions and emissions reductions;
       (x) updates to land use plans to coordinate with local, 
     regional, and State vehicle miles traveled reduction plans; 
     and
       (xi) the transportation control measures described in 
     section 211 of the Clean Air Act (42 U.S.C. 7545).
       (2) Transportation carbon reduction plans.--A State or 
     metropolitan planning organization shall submit to the 
     Administrator and the Secretary--
       (A) by not later than December 31, 2012, a transportation 
     carbon reduction plan developed under paragraph (1)(B); and
       (B) every 3 years thereafter, any updates to that plan, as 
     necessary.
       (3) Coordination.--A State or metropolitan planning 
     organization shall develop the plan required under this 
     section in coordination with, as applicable--
       (A) the public and stakeholders, including by providing--
       (i) periods for public comment;
       (ii) exercises involving identifying and projecting forward 
     trends to examine possible future developments that could 
     impact driving trends and carbon emissions from the 
     transportation sector;
       (iii) access to latest models; and
       (iv) multiday, open, collaborative design sessions that 
     include stakeholders and the public in a collaborative 
     process with a series of short feedback loops to produce 1 or 
     more feasible plans under this section;
       (B) each other State or metropolitan planning organization 
     subject to the jurisdiction of the State or metropolitan 
     planning organization; and
       (C) State and local housing, economic development, and land 
     use agencies.
       (4) Certification.--Not later than 180 days after the date 
     of receipt of a transportation carbon reduction plan under 
     paragraph (2), the Administrator and Secretary shall--
       (A) review the plan; and
       (B) certify that the plan is likely to achieve the goal 
     described in paragraph (1)(A).
       (e) Distribution of Funds.--The Secretary, in coordination 
     with the Administrator, shall establish a formula for the 
     distribution of grants under this section that--
       (1) reflects--
       (A) the quantity of carbon reduction expected by each plan; 
     and
       (B) the cost-per-ton of those reductions;
       (2) ensures that at least 50 percent of amounts in the Fund 
     are used to implement plans developed by metropolitan 
     planning organizations; and
       (3) provides early action credits for States and regions 
     that implement plans to reduce carbon from the transportation 
     sector by reducing vehicle miles traveled prior to 
     participation in the program under this section.
       (f) Non-Federal Share.--The non-Federal share of the cost 
     of an activity carried out under a plan under this section 
     shall be 20 percent.
       (g) Study.--Not later than 1 year after the date of 
     enactment of this Act, to maximize greenhouse gas emission 
     reductions from the transportation sector--
       (1) the National Academy of Sciences Transportation 
     Research Board shall submit to the Administrator and the 
     Secretary a report containing recommendations for improving 
     research and tools to assess the effect of transportation 
     plans and land use plans on motor vehicle usage rates and 
     transportation sector greenhouse gas emissions; and
       (2) the Comptroller General of the United States shall 
     submit to the Administrator and the Secretary a report 
     describing any shortcomings of current Federal Government 
     data sources necessary--
       (A) to assess greenhouse gas emissions from the 
     transportation sector; and
       (B) to establish plans and policies to effectively reduce 
     greenhouse gas emissions from the transportation sector.
       (h) Technical Standards.--Not later than 2 years after the 
     date of enactment of this Act, based on any recommendations 
     contained in the reports submitted under subsection (g)(1), 
     the Administrator and the Secretary shall promulgate 
     standards for transportation data collection, monitoring, 
     planning, and modeling.
       (i) Report.--Not later than December 31, 2015, and every 3 
     years thereafter, the Administrator shall submit to the 
     appropriate committees of Congress a report describing--
       (1) the aggregate reduction in carbon emissions from 
     transportation expected based on plans under this section;
       (2) changes to Federal law that could improve the 
     performance of the plans; and
       (3) regulatory changes planned to improve the performance 
     of the plans.
                                 ______
                                 
  SA 4907. Mr. CARPER (for himself, Mr. Gregg, Mrs. Feinstein, Ms. 
Collins, and Mr. Sununu) submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 552, strike subsection (b) and insert the 
     following:
       (b) Calculation.--
       (1) Definitions.--In this subsection:
       (A) Fossil fuel-fired electric generator.--The term 
     ``fossil fuel-fired electric generator'' means any electric 
     generating facility that--
       (i) combusts fossil fuel, alone or in combination with any 
     other fuel, in any case in which the quantity of fossil fuel 
     combusted comprises, or is projected to comprise, more than 
     20 percent of the annual heat input of the electric 
     generating facility, on a Btu basis, during any calendar 
     year; and
       (ii) has commenced operation prior to the date of enactment 
     of this Act.
       (B) Incremental nuclear generation.--The term ``incremental 
     nuclear generation'' means, as determined by the 
     Administrator and measured in megawatt hours, the difference 
     between--
       (i) the quantity of electricity generated by a nuclear 
     generating unit during a calendar year; and
       (ii) the quantity of electricity generated by the nuclear 
     generating unit during the calendar year of enactment of this 
     Act.
       (C) New electric generating entrant.--The term ``new 
     electric generating entrant'' means--
       (i) a fossil fuel-fired electric generator that--

       (I) has a nameplate capacity of greater than 25 megawatts;
       (II) produces electricity for sale; and
       (III) commences operation after the date of enactment of 
     this Act;

       (ii) with respect to incremental nuclear generation, a 
     nuclear generating facility that uses nuclear energy to 
     produce electricity for sale; and
       (iii) a renewable energy unit that--

       (I) produces electricity for sale; and
       (II) commences operation after the date of enactment of 
     this Act.

       (D) Renewable energy unit.--The term ``renewable energy 
     unit'' means an electric generating facility that uses solar 
     energy, wind, incremental hydropower, biomass, landfill gas, 
     livestock methane, ocean waves, geothermal energy, or fuel 
     cells powered with a renewable energy source.
       (2) Allocation methodology.--
       (A) Fossil fuel-fired electric generators.--In establishing 
     the system under subsection (a), with respect to fossil fuel-
     fired electric generators, the Administrator shall base the 
     system on the annual quantity of electricity generated by 
     each fossil fuel-fired electric generator during the most 
     recent 3-calendar year period for which data are available, 
     updated each calendar year and measured in megawatt hours.
       (B) New electric generating entrants.--In establishing the 
     system under subsection (a), with respect to new electric 
     generating entrants, the Administrator shall--
       (i) for each of calendar years 2012 through 2030, provide 
     for the allocation of a percentage of the emission allowances 
     allocated by section 551 to new electric generating entrants; 
     and
       (ii) base the system on projections of electricity output 
     from each new electric generating entrant.
       (3) Sense of senate regarding future allocations.--It is 
     the sense of the Senate that if the Administrator establishes 
     a cap and trade program for any additional pollutant for 
     electric generating facilities, the allocation methodology 
     for the program should be based on the annual quantity of 
     electricity generated by the electric generating facility 
     during the most recent 3-calendar year period for which data 
     are available, updated each calendar year and measured in 
     megawatt hours.
                                 ______
                                 
  SA 4908. Mr. CARPER (for himself, Mr. Alexander, Mrs. Boxer, Mr. 
Collins, Mr. Biden, Mr. Gregg, Mr.

[[Page 11671]]

Cardin, Mr. Sununu, and Mr. Lieberman) submitted an amendment intended 
to be proposed by him to the bill S. 3036, to direct the Administrator 
of the Environmental Protection Agency to establish a program to 
decrease emissions of greenhouse gases, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of subtitle F of title XVII, add the following:

     SEC. 1752. INTEGRATED AIR QUALITY PLANNING FOR THE ELECTRIC 
                   GENERATING SECTOR.

       The Clean Air Act (42 U.S.C. 7401 et seq.) is amended by 
     adding at the end the following:

     ``TITLE VII--INTEGRATED AIR QUALITY PLANNING FOR THE ELECTRIC 
                           GENERATING SECTOR

     ``SEC. 701. DEFINITIONS.

       ``In this title:
       ``(1) Affected unit.--
       ``(A) Mercury.--The term `affected unit', with respect to 
     mercury, means a coal-fired electric generating facility 
     (including a cogeneration facility) that--
       ``(i) on or after January 1, 1985, served as a generator 
     with a nameplate capacity greater than 25 megawatts; and
       ``(ii) produces electricity for sale.
       ``(B) Nitrogen oxides.--The term `affected unit', with 
     respect to nitrogen oxides, means a fossil fuel-fired 
     electric generating facility (including a cogeneration 
     facility) that--
       ``(i) on or after January 1, 1985, served as a generator 
     with a nameplate capacity greater than 25 megawatts; and
       ``(ii) produces electricity for sale.
       ``(C) Sulfur dioxide.--The term `affected unit', with 
     respect to sulfur dioxide, has the meaning given the term in 
     section 402.
       ``(2) Cogeneration facility.--The term `cogeneration 
     facility' means a facility that--
       ``(A) cogenerates--
       ``(i) steam; and
       ``(ii) electricity; and
       ``(B) supplies, on a net annual basis, to any utility power 
     distribution system for sale--
       ``(i) more than \1/3\ of the potential electric output 
     capacity of the facility; and
       ``(ii) more than 219,000 megawatt-hours of electrical 
     output.
       ``(3) Fossil fuel-fired.--The term `fossil fuel-fired', 
     with respect to an electric generating facility, means the 
     combustion of fossil fuel by the electric generating 
     facility, alone or in combination with any other fuel, in any 
     case in which the fossil fuel combusted comprises, or is 
     projected to comprise, more than 20 percent of the annual 
     heat input of the electric generating facility, on a Btu 
     basis, during any calendar year.
       ``(4) New unit.--The term `new unit' means an affected unit 
     that--
       ``(A) has operated for not more than 3 years; and
       ``(B) is not eligible to receive nitrogen oxide allowances 
     under section 703(c)(2).
       ``(5) Nitrogen oxide allowance.--The term `nitrogen oxide 
     allowance' means an authorization allocated by the 
     Administrator under this title to emit 1 ton of nitrogen 
     oxides during or after a specified calendar year.

     ``SEC. 702. NATIONAL POLLUTANT TONNAGE LIMITATIONS.

       ``(a) Sulfur Dioxide.--The annual tonnage limitation for 
     emissions of sulfur dioxide from affected units in the United 
     States shall be equal to--
       ``(1) for each of calendar years 2012 through 2015, 
     3,500,000 tons; and
       ``(2) for calendar year 2016 and each calendar year 
     thereafter, 2,000,000 tons.
       ``(b) Nitrogen Oxides.--
       ``(1) Definitions.--In this subsection:
       ``(A) Zone 1 state.--The term `Zone 1 State' means the 
     District of Columbia or any of the States of Alabama, 
     Arkansas, Connecticut, Delaware, Florida, Georgia, Illinois, 
     Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, 
     Massachusetts, Michigan, Minnesota, Mississippi, Missouri, 
     New Hampshire, New Jersey, New York, North Carolina, Ohio, 
     Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, 
     Vermont, Virginia, West Virginia, and Wisconsin.
       ``(B) Zone 2 state.--The term `Zone 2 State' means any 
     State within the 48 contiguous States that is not a Zone 1 
     State.
       ``(2) Applicability.--
       ``(A) Zone 1 prohibition.--
       ``(i) In general.--Beginning on January 1, 2012, it shall 
     be unlawful for an affected unit in a Zone 1 State to emit a 
     total quantity of nitrogen oxides during a year in excess of 
     the number of nitrogen oxide allowances held for the affected 
     unit for that year by the owner or operator of the affected 
     unit.
       ``(ii) Limitation.--Only nitrogen oxide allowances 
     allocated under paragraph (3)(A) shall be used to meet the 
     requirement of clause (i).
       ``(B) Zone 2 prohibition.--
       ``(i) In general.--Beginning on January 1, 2012, it shall 
     be unlawful for an affected unit in a Zone 2 State to emit a 
     total quantity of nitrogen oxides during a year in excess of 
     the number of nitrogen oxide allowances held for the affected 
     unit for that year by the owner or operator of the affected 
     unit.
       ``(ii) Limitation.--Only nitrogen oxide allowances 
     allocated under paragraph (3)(B) shall be used to meet the 
     requirement of clause (i).
       ``(3) Limitations on total emissions.--
       ``(A) Zone 1 limitations.--Not later than 330 days before 
     the beginning of calendar year 2012 and each calendar year 
     thereafter, the Administrator shall allocate allowances for 
     emissions of nitrogen oxides from affected units in the Zone 
     1 States in an annual tonnage limitation equal to--
       ``(i) for each of calendar years 2012 through 2015, 
     1,390,000 tons; and
       ``(ii) for calendar year 2016 and each calendar year 
     thereafter, 1,300,000 tons.
       ``(B) Zone 2 limitations.--Not later than 330 days before 
     the beginning of calendar year 2012 and each calendar year 
     thereafter, the Administrator shall allocate allowances for 
     emissions of nitrogen oxides from affected units in the Zone 
     2 States in an annual tonnage limitation equal to--
       ``(i) for each of calendar years 2012 through 2015, 400,000 
     tons; and
       ``(ii) for calendar year 2016 and each calendar year 
     thereafter, 320,000 tons.
       ``(c) Mercury.--The emission of mercury from affected units 
     shall be limited in accordance with section 704.
       ``(d) Review of Annual Tonnage Limitations and Mercury 
     Emissions Requirements.--
       ``(1) Determination by administrator.--Not later than 10 
     years after the date of enactment of this title and every 10 
     years thereafter, the Administrator shall determine--
       ``(A) after considering impacts on human health, the 
     environment, the economy, and costs, whether 1 or more of the 
     annual tonnage limitations should be revised; and
       ``(B) whether the mercury emission requirements under 
     section 704 should be revised in accordance with the risk 
     standards described in section 112(f)(2).
       ``(2) Determination not to revise.--If the Administrator 
     determines under paragraph (1) that no annual tonnage 
     limitation or mercury emission requirement should be revised, 
     the Administrator shall publish in the Federal Register--
       ``(A) a notice of the determination; and
       ``(B) the reasons for the determination.
       ``(3) Determination to revise.--If the Administrator 
     determines under paragraph (1) that 1 or more of the annual 
     tonnage limitations or mercury emissions requirements should 
     be revised, the Administrator shall publish in the Federal 
     Register--
       ``(A) not later than 10 years and 180 days after the date 
     of enactment of this title, proposed regulations implementing 
     the revisions; and
       ``(B) not later than 11 years and 180 days after the date 
     of enactment of this title, final regulations implementing 
     the revisions.
       ``(4) Administration.--The duty of the Administrator to 
     make a determination under paragraph (1) shall be--
       ``(A) considered to be a nondiscretionary duty;
       ``(B) enforceable through a citizen suit under section 304; 
     and
       ``(C) subject to rulemaking procedures and judicial review 
     under section 307.
       ``(5) Requirement.--No revision of an annual tonnage 
     limitation or mercury emission requirement under this 
     subsection shall result in a limitation or emission 
     requirement that is less stringent than an existing 
     applicable requirement under this title.
       ``(e) Reduction of Emissions From Specified Affected 
     Units.--Notwithstanding the annual tonnage limitations and 
     mercury emissions requirements established under this 
     section, the Federal Government or a State government may 
     require that emissions from a specified affected unit be 
     reduced.
       ``(f) General Enforcement.--
       ``(1) In general.--It shall be unlawful for any individual 
     or entity subject to this title to violate any requirement or 
     prohibition under this title.
       ``(2) Treatment of excess emissions.--In calculating any 
     penalty for violation of this title, each ton of emissions of 
     sulfur dioxide, nitrogen oxides, or mercury emitted by a 
     covered unit during a calendar year in excess of the 
     allowances held for use by the covered unit for the calendar 
     year shall be considered to be a separate violation of the 
     applicable limitation under this title.
       ``(g) Effect on Existing Law and Regulations.--
       ``(1) In general.--Except as expressly provided in this 
     title, nothing in this title--
       ``(A) limits or otherwise affects the application of any 
     other provision of this Act or any regulation promulgated by 
     the Administrator under this Act; or
       ``(B) precludes a State from adopting and enforcing any 
     requirement for the control of emissions of air pollutants 
     that is more stringent than the requirements imposed under 
     this title.
       ``(2) Exception.--Notwithstanding paragraph (1)--
       ``(A) the provisions of the rule promulgated by the 
     Administrator known as the `Clean Air Interstate Rule' (70 
     Fed. Reg. 25162 (May 12, 2005)) (or any successor regulation) 
     providing for the establishment of an annual emissions cap 
     and allowance trading program for oxides of nitrogen and 
     sulfur dioxide shall terminate on January 1, 2012; but
       ``(B) any provision of the rule described in subparagraph 
     (A) (or a successor regulation)

[[Page 11672]]

     relating to the establishment of a seasonal ozone pollutant 
     cap-and-trade program for nitrogen oxides shall remain in 
     full force and effect.

     ``SEC. 703. NITROGEN OXIDE TRADING PROGRAM.

       ``(a) Regulations.--
       ``(1) In general.--Not later than 2 years after the date of 
     enactment of this title, the Administrator shall promulgate 
     regulations to establish for affected units in the United 
     States a nitrogen oxide allowance trading program.
       ``(2) Requirements.--Regulations promulgated under 
     paragraph (1) shall establish requirements for the allowance 
     trading program under this section, including requirements 
     concerning--
       ``(A)(i) the generation, allocation, issuance, recording, 
     tracking, transfer, and use of nitrogen oxide allowances; and
       ``(ii) the public availability of all information 
     concerning the activities described in clause (i) that is not 
     confidential;
       ``(B) compliance with subsection (e)(1);
       ``(C) the monitoring and reporting of emissions under 
     paragraphs (2) and (3) of subsection (e); and
       ``(D) excess emission penalties under subsection (e)(4).
       ``(3) Mixed fuel, cogeneration facilities and combined heat 
     and power facilities.--The Administrator shall promulgate 
     such regulations as the Administrator determines to be 
     necessary to ensure the equitable issuance of allowances to--
       ``(A) facilities that use more than 1 energy source to 
     produce electricity; and
       ``(B) facilities that produce electricity in addition to 
     another service or product.
       ``(b) New Unit Reserves.--
       ``(1) Establishment.--For each calendar year, based on 
     projections of electricity output from new units, the 
     Administrator, in consultation with the Secretary of Energy, 
     shall by regulation establish a reserve of nitrogen oxide 
     allowances to be set aside for use by new units in Zone 1 
     States, and a reserve of nitrogen oxide allowances to be set 
     aside for use by new units in Zone 2 States, that is not less 
     than 5 percent of the total allowances allocated to affected 
     units for the calendar year.
       ``(2) Unused allowances.--Not later than 330 days before 
     the beginning of calendar year 2012 and each calendar year 
     thereafter, the Administrator shall reallocate, to all 
     affected units, any unused nitrogen oxide allowances from the 
     new unit reserve established under paragraph (1) in the 
     proportion that--
       ``(A) the number of allowances allocated to each affected 
     unit for the calendar year; bears to
       ``(B) the number of allowances allocated to all affected 
     units for the calendar year.
       ``(c) Nitrogen Oxide Allocations.--
       ``(1) Timing of allocations.--Not later than 330 days 
     before the beginning of calendar year 2012 and each calendar 
     year thereafter, the Administrator shall allocate nitrogen 
     oxide allowances to affected units.
       ``(2) Allocations to affected units that are not new 
     units.--Not later than 2 years after the date of enactment of 
     this title, the Administrator shall promulgate regulations to 
     establish a methodology for allocating nitrogen oxide 
     allowances to--
       ``(A) each affected unit in a Zone 1 State that is not a 
     new unit; and
       ``(B) each affected unit in a Zone 2 State that is not a 
     new unit.
       ``(3) Quantity to be allocated.--
       ``(A) Zone 1 states.--For each calendar year, the quantity 
     of nitrogen oxide allowances allocated under paragraph (2)(A) 
     to affected units that are not new units shall be equal to 
     the difference between--
       ``(i) the annual tonnage limitation for emissions of 
     nitrogen oxides from affected units specified in section 
     702(b)(3)(A) for the calendar year; and
       ``(ii) the quantity of nitrogen oxide allowances placed in 
     the new unit reserve established under subsection (b) for the 
     calendar year.
       ``(B) Zone 2 states.--For each calendar year, the quantity 
     of nitrogen oxide allowances allocated under paragraph (2)(B) 
     to affected units that are not new units shall be equal to 
     the difference between--
       ``(i) the annual tonnage limitation for emissions of 
     nitrogen oxides from affected units specified in section 
     702(b)(3)(B) for the calendar year; and
       ``(ii) the quantity of nitrogen oxide allowances placed in 
     the new unit reserve established under subsection (b) for the 
     calendar year.
       ``(4) Adjustment of allocations.--If, for any calendar 
     year, the total quantities of allowances allocated under 
     paragraph (2) are not equal to the applicable quantities 
     determined under paragraph (3), the Administrator shall 
     adjust the quantities of allowances allocated to affected 
     units that are not new units on a pro-rata basis so that the 
     quantities are equal to the applicable quantities determined 
     under paragraph (3).
       ``(5) Allocation to new units.--
       ``(A) Methodology.--Not later than 2 years after the date 
     of enactment of this title, the Administrator shall 
     promulgate regulations to establish a methodology for 
     allocating nitrogen oxide allowances to new units.
       ``(B) Quantity of nitrogen oxide allowances allocated.--The 
     Administrator shall determine the quantity of nitrogen oxide 
     allowances to be allocated to each new unit based on the 
     projected emissions from the new unit.
       ``(6) Allowance not a property right.--A nitrogen oxide 
     allowance--
       ``(A) is not a property right; and
       ``(B) may be terminated or limited by the Administrator.
       ``(7) No judicial review.--An allocation of nitrogen 
     allowances by the Administrator under this subsection shall 
     not be subject to judicial review.
       ``(d) Nitrogen Oxide Allowance Transfer System.--
       ``(1) Use of allowances.--The regulations promulgated under 
     subsection (a)(1) shall--
       ``(A) prohibit the use (but not the transfer in accordance 
     with paragraph (3)) of any nitrogen oxide allowance before 
     the calendar year for which the allowance is allocated;
       ``(B) provide that unused nitrogen oxide allowances may be 
     carried forward and added to nitrogen oxide allowances 
     allocated for subsequent years; and
       ``(C) provide that unused nitrogen oxide allowances may be 
     transferred by--
       ``(i) the person to which the allowances are allocated; or
       ``(ii) any person to which the allowances are transferred.
       ``(2) Use by persons to which allowances are transferred.--
     Any person to which nitrogen oxide allowances are transferred 
     under paragraph (1)(C)--
       ``(A) may use the nitrogen oxide allowances in the calendar 
     year for which the nitrogen oxide allowances were allocated, 
     or in a subsequent calendar year, to demonstrate compliance 
     with subsection (e)(1); or
       ``(B) may transfer the nitrogen oxide allowances to any 
     other person for the purpose of demonstration of that 
     compliance.
       ``(3) Certification of transfer.--A transfer of a nitrogen 
     oxide allowance shall not take effect until a written 
     certification of the transfer, authorized by a responsible 
     official of the person making the transfer, is received and 
     recorded by the Administrator.
       ``(4) Permit requirements.--An allocation or transfer of 
     nitrogen oxide allowances to an affected unit shall, after 
     recording by the Administrator, be considered to be part of 
     the federally enforceable permit of the affected unit under 
     this Act, without a requirement for any further review or 
     revision of the permit.
       ``(e) Compliance and Enforcement.--
       ``(1) In general.--For calendar year 2012 and each calendar 
     year thereafter, the operator of each affected unit shall 
     surrender to the Administrator a quantity of nitrogen oxide 
     allowances that is equal to the total tons of nitrogen oxides 
     emitted by the affected unit during the calendar year.
       ``(2) Monitoring system.--The Administrator shall 
     promulgate regulations requiring--
       ``(A) operation, reporting, and certification of continuous 
     emissions monitoring systems to accurately measure the 
     quantity of nitrogen oxides that is emitted from each 
     affected unit; and
       ``(B) verification and reporting of nitrogen oxides 
     emissions at each affected unit.
       ``(3) Reporting.--
       ``(A) In general.--Not less often than quarterly, the owner 
     or operator of an affected unit shall submit to the 
     Administrator a report on the monitoring of emissions of 
     nitrogen oxides carried out by the owner or operator in 
     accordance with the regulations promulgated under paragraph 
     (2).
       ``(B) Authorization.--Each report submitted under 
     subparagraph (A) shall be authorized by a responsible 
     official of the affected unit, who shall certify the accuracy 
     of the report.
       ``(C) Public reporting.--The Administrator shall make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, data concerning the 
     emissions of nitrogen oxides from each affected unit.
       ``(4) Excess emissions.--
       ``(A) In general.--The owner or operator of an affected 
     unit that emits nitrogen oxides in excess of the nitrogen 
     oxide allowances that the owner or operator holds for use for 
     the affected unit for the calendar year shall--
       ``(i) pay an excess emission penalty determined under 
     subparagraph (B); and
       ``(ii) offset the excess emissions by at least an equal 
     quantity in the following calendar year or such other period 
     as the Administrator shall prescribe.
       ``(B) Determination of excess emission penalty.--The excess 
     emission penalty for nitrogen oxides shall be equal to the 
     product obtained by multiplying--
       ``(i) the number of tons of nitrogen oxides emitted in 
     excess of the total quantity of nitrogen oxide allowances 
     held; and
       ``(ii) 2 times the average price of a nitrogen oxide 
     allowance for the Zone and calendar year in which the excess 
     emissions occurred, as determined by the Administrator.
       ``(C) Treatment.--An excess emission penalty under 
     subparagraph (A)(i)--
       ``(i) shall be due and payable without demand to the 
     Administrator, in accordance with applicable regulations 
     promulgated by the Administrator, by not later than 18 months 
     after the date of enactment of the Lieberman-Warner Climate 
     Security Act of 2008; and

[[Page 11673]]

       ``(ii) shall not diminish the liability of the owner or 
     operator of the affected unit with respect to any fine, 
     penalty, or assessment applicable to the affected unit for 
     the same violation under any other provision of this Act.

     ``SEC. 704. MERCURY PROGRAM.

       ``(a) Definition of Inlet Mercury.--In this section, the 
     term `inlet mercury' means the quantity of mercury found--
       ``(1) in the as-fired coal of an affected unit; or
       ``(2) for an affected unit using coal that is subjected to 
     an advanced coal cleaning technology, in the as-mined coal of 
     the affected unit.
       ``(b) Annual Limitation for Certain Units.--On an annual 
     average calendar year basis with respect to inlet mercury, an 
     affected unit that commences operation on or after the date 
     of enactment of this title shall be subject to the less 
     stringent of the following emission limitations:
       ``(1) 90 percent capture of inlet mercury.
       ``(2) An emission rate of 0.0060 pounds per gigawatt-hour.
       ``(c) Annual Limitation for Existing Units.--An affected 
     unit in operation on the date of enactment of this title 
     shall be subject to the following emission limitations on an 
     annual average calendar year basis with respect to inlet 
     mercury:
       ``(1) Calendar years 2012 through 2015.--For the period 
     beginning on January 1, 2012, and ending on December 31, 
     2015, the less stringent of the following emission 
     limitations:
       ``(A) 60 percent capture of inlet mercury.
       ``(B) An emission rate of 0.02 pounds per gigawatt-hour.
       ``(2) Calendar year 2016 and thereafter.--For calendar year 
     2016 and each calendar year thereafter, the less stringent of 
     the following emission limitations:
       ``(A) 90 percent capture of inlet mercury.
       ``(B) An emission rate of 0.0060 pounds per gigawatt-hour.
       ``(d) Averaging Across Units.--An owner or operator of an 
     affected unit may demonstrate compliance with the annual 
     average limitations under subsections (b) and (c) by 
     averaging emissions from all affected units at a single 
     facility.
       ``(e) Monitoring System.--The Administrator shall 
     promulgate regulations requiring--
       ``(1) operation, reporting, and certification of continuous 
     emission monitoring systems to accurately measure the 
     quantity of mercury that is emitted from each affected unit; 
     and
       ``(2) verification and reporting of mercury emissions at 
     each affected unit.
       ``(f) Reporting.--
       ``(1) In general.--Not less often than quarterly, the owner 
     or operator of an affected unit shall submit to the 
     Administrator a report on the monitoring of emissions of 
     mercury carried out by the owner or operator in accordance 
     with the regulations promulgated under subsection (e).
       ``(2) Authorization.--Each report submitted under paragraph 
     (1) shall be authorized by a responsible official of the 
     affected unit, who shall certify the accuracy of the report.
       ``(3) Public reporting.--The Administrator shall make 
     available to the public, through 1 or more published reports 
     and 1 or more forms of electronic media, data concerning the 
     emission of mercury from each affected unit.
       ``(g) Excess Emissions.--
       ``(1) In general.--The owner or operator of an affected 
     unit that emits mercury in excess of the emission limitation 
     described in subsection (b) or (c) shall pay an excess 
     emission penalty determined under paragraph (2).
       ``(2) Determination of excess emission penalty.--The excess 
     emission penalty for mercury shall be an amount equal to 
     $50,000 for each pound of mercury emitted in excess of the 
     emission limitation described in subsection (b) or (c), as 
     pro-rated for each fraction of a pound.''.

     SEC. 1753. REVISIONS TO SULFUR DIOXIDE ALLOWANCE PROGRAM.

       (a) In General.--Title IV of the Clean Air Act (relating to 
     acid deposition control) (42 U.S.C. 7651 et seq.) is amended 
     by adding at the end the following:

     ``SEC. 417. REVISIONS TO SULFUR DIOXIDE ALLOWANCE PROGRAM.

       ``(a) Definitions.--In this section, the terms `affected 
     unit' and `new unit' have the meanings given the terms in 
     section 701.
       ``(b) Regulations.--Not later than 2 years after the date 
     of enactment of this section, the Administrator shall 
     promulgate such revisions to the regulations to implement 
     this title as the Administrator determines to be necessary to 
     implement section 702(a).
       ``(c) New Unit Reserve.--
       ``(1) Establishment.--Subject to the annual tonnage 
     limitation for emissions of sulfur dioxide from affected 
     units specified in section 702(a), the Administrator shall 
     establish by regulation a reserve of allowances to be set 
     aside for use by new units.
       ``(2) Determination of quantity.--The Administrator, in 
     consultation with the Secretary of Energy, shall determine, 
     based on projections of electricity output for new units--
       ``(A) not later than June 30, 2009, the quantity of 
     allowances required to be held in reserve for new units for 
     each of calendar years 2012 through 2015; and
       ``(B) not later than June 30, 2015, and June 30 of each 
     fifth calendar year thereafter, the quantity of allowances 
     required to be held in reserve for new units for the 
     following 5-calendar year period.
       ``(3) Allocation.--
       ``(A) Regulations.--The Administrator shall promulgate 
     regulations to establish a methodology for allocating sulfur 
     dioxide allowances to new units.
       ``(B) No judicial review.--An allocation of sulfur dioxide 
     allowances by the Administrator under this paragraph shall 
     not be subject to judicial review.
       ``(d) Existing Units.--
       ``(1) Allocation.--
       ``(A) Regulations.--Not later than 2 years after the date 
     of enactment of this section, subject to the annual tonnage 
     limitation for emissions of sulfur dioxide from affected 
     units specified in section 702(a), and subject to the reserve 
     of allowances for new units under subsection (c), the 
     Administrator shall promulgate regulations to govern the 
     allocation of allowances to affected units that are not new 
     units.
       ``(B) Required elements.--The regulations shall provide 
     for--
       ``(i) the allocation of allowances on a fair and equitable 
     basis between affected units that received allowances under 
     section 405 and affected units that are not new units and 
     that did not receive allowances under that section, using for 
     both categories of units the same or similar allocation 
     methodology as was used under section 405; and
       ``(ii) the pro-rata distribution of allowances to all units 
     described in clause (i), subject to the annual tonnage 
     limitation for emissions of sulfur dioxide from affected 
     units specified in section 702(a).
       ``(2) Timing of allocations.--Not later than 330 days 
     before the beginning of calendar year 2012 and each calendar 
     year thereafter, the Administrator shall allocate allowances 
     to affected units.
       ``(3) No judicial review.--An allocation of allowances by 
     the Administrator under this subsection shall not be subject 
     to judicial review.''.
       (b) Definition of Allowance.--Section 402 of the Clean Air 
     Act (relating to acid deposition control) (42 U.S.C. 7651a) 
     is amended by striking paragraph (3) and inserting the 
     following:
       ``(3) Allowance.--The term `allowance' means an 
     authorization, allocated by the Administrator to an affected 
     unit under this title, to emit, during or after a specified 
     calendar year, a quantity of sulfur dioxide determined by the 
     Administrator and specified in the regulations promulgated 
     under section 417(b).''.
       (c) Excess Emissions.--Section 411 of the Clean Air Act 
     (relating to acid deposition control) (42 U.S.C. 7651j) is 
     amended by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) In General.--The owner or operator of a new unit or 
     an affected unit that emits sulfur dioxide in excess of the 
     sulfur dioxide allowances that the owner or operator holds 
     for use for the new unit or affected unit for the calendar 
     year shall--
       ``(1) pay an excess emission penalty determined under 
     subsection (b); and
       ``(2) offset the excess emissions by at least an equal 
     quantity in the following calendar year or such other period 
     as the Administrator shall prescribe.
       ``(b) Determination of Excess Emission Penalty.--
       ``(1) In general.--The excess emission penalty for sulfur 
     dioxide shall be equal to the product obtained by 
     multiplying--
       ``(A) the quantity of sulfur dioxide emitted in excess of 
     the total quantity of sulfur dioxide allowances held; and
       ``(B) 2 times the average price of a sulfur dioxide 
     allowance for the calendar year in which the excess emissions 
     occurred, as determined by the Administrator.
       ``(2) Treatment.--An excess emission penalty under 
     paragraph (1)--
       ``(A) shall be due and payable without demand to the 
     Administrator, in accordance with applicable regulations 
     promulgated by the Administrator, by not later than 18 months 
     after the date of enactment of the Lieberman-Warner Climate 
     Security Act of 2008; and
       ``(B) shall not diminish the liability of the owner or 
     operator of the affected unit with respect to any fine, 
     penalty, or assessment applicable to the affected unit for 
     the same violation under any other provision of this Act.''.
       (d) Technical Amendments.--
       (1) Title IV of the Clean Air Act (relating to noise 
     pollution) (42 U.S.C. 7641 et seq.)--
       (A) is amended by redesignating sections 401 through 403 as 
     sections 801 through 803, respectively; and
       (B) is redesignated as title VIII and moved to appear at 
     the end of that Act.
       (2) The table of contents for title IV of the Clean Air Act 
     (relating to acid deposition control) (42 U.S.C. prec. 7651) 
     is amended by adding at the end the following:

``Sec. 417. Revisions to sulfur dioxide allowance program.''.
                                 ______
                                 
  SA 4909. Mr. SCHUMER submitted an amendment intended to be proposed 
by

[[Page 11674]]

him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle A of title XIII, add the following:

     SEC. 1308. TRANSITION TO COMPARABLE ACTION IN EXPORT 
                   COUNTRIES.

       (a) Finding.--Congress finds that the purposes described in 
     section 1302 can be achieved while maintaining the growth and 
     volume of United States exports of carbon-intensive 
     manufactured goods, particularly to countries that have not 
     yet adopted comparable action to regulate greenhouse gas 
     emissions.
       (b) Definitions.--In this section:
       (1) Currently operating facility.--The term ``currently 
     operating facility'' has the meaning given the term in 
     section 542(a).
       (2) Direct export.--The term ``direct export'' means a 
     product manufactured in an eligible manufacturing facility 
     and shipped to a destination outside of the customs territory 
     of the United States without further processing.
       (3) Eligible manufacturing facility.--The term ``eligible 
     manufacturing facility'' has the meaning given the term in 
     section 542(a).
       (4) Indirect export.--The term ``indirect export'' means a 
     product manufactured in an eligible manufacturing facility 
     and further processed in the United States prior to shipment 
     outside of the customs territory of the United States.
       (c) Regulations.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations establishing a system for distributing, for each 
     of calendar years 2012 through 2030, to owners and operators 
     of eligible manufacturing facilities, international reserve 
     allowances established under section 1306.
       (d) Individual Allocations to Currently Operating 
     Facilities.--Under the system described in subsection (c), 
     the quantity of international reserve allowances distributed 
     by the Administrator for a calendar year to the owner or 
     operator of a currently operating facility that received 
     emission allowances under section 542(e) shall be a quantity 
     equal in value to the product obtained by multiplying--
       (1) the product obtained by multiplying--
       (A) the sum of the annual direct and indirect emissions for 
     the most recent year used in the calculation under section 
     542(d)(2)(A); and
       (B) the average value of the emission allowances allocated 
     to the owner or operator of the currently operating facility 
     under section 542(e); and
       (2) the proportion that--
       (A) the value of production by the current operating 
     facility that is used for direct export and indirect export 
     during the calendar year immediately preceding the calendar 
     year of the distribution; bears to
       (B) the total value of production by the current operating 
     facility during the calendar year immediately preceding the 
     calendar year of the distribution.
       (e) Deficiency.--If, for any calendar year, there is an 
     insufficient number of international reserve allowances 
     established under section 1306 available for distribution to 
     meet the requirements of the system described in subsection 
     (c), the Administrator shall distribute in lieu of those 
     international reserve allowances a comparable quantity of 
     emission allowances not otherwise sold or distributed under 
     title V.
       (f) Export Countries.--In completing any calculations under 
     the system described in subsection (c), the Administrator 
     shall take into consideration--
       (1) exports of currently operating facilities to all 
     foreign countries for each of calendar years 2012 and 2013; 
     and
       (2) exports of currently operating facilities only to 
     foreign countries that have not adopted a program to limit 
     greenhouse gas emissions for each of calendar years 2014 
     through 2030.
       (g) Limitation on Quantity for Distribution.--The quantity 
     of allowances distributed to the owner or operator of a 
     currently operating facility for a calendar year pursuant to 
     this section shall be limited so as to ensure that, for the 
     calendar year, the sum of the value of the allowances so 
     distributed and the value of the allowances allocated 
     pursuant to section 542(e) shall not exceed the product 
     obtained by multiplying--
       (1) the emissions of the currently operating facility for 
     the most recent year used in the relevant calculation under 
     section 542(d)(2)(A); and
       (2) the average value of the emission allowances allocated 
     to the owner or operator of the currently operating facility 
     under section 542(e).
                                 ______
                                 
  SA 4910. Mr. LAUTENBERG submitted an amendment intended to be 
proposed to amendment SA 4825 proposed by Mrs. Boxer (for herself, Mr. 
Warner, and Mr. Lieberman) to the bill S. 3036, to direct the 
Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

           TITLE     --AVIATION AND INTERCITY TRANSPORTATION

     SEC. --001. DEVELOPMENT OF ALTERNATIVE FUELS FOR AIRCRAFT.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration, in coordination with the Administrator of the 
     National Aeronautics and Space Administration, shall research 
     and develop viable alternative fuels whose usage results in 
     less greenhouse gas emissions than existing jet fuel for 
     commercial aircraft.
       (b) Plan.--Within 120 days after the date of enactment of 
     this Act, the Administrator of the Federal Aviation 
     Administration shall--
       (1) develop a research and development plan for the program 
     described in subsection (a), containing specific research and 
     development objectives and a timetable for achieving the 
     objectives; and
       (2) submit a copy of the plan to Congress.

     SEC. --002. AIRCRAFT ENGINE STANDARDS.

       Section 44715(a) of title 49, United States Code, is 
     amended--
       (1) by striking paragraph (1) and inserting the following:
       ``(1) To relieve and protect the public health and welfare 
     from aircraft noise, sonic boom, and aircraft engine 
     emissions, the Administrator of the Federal Aviation 
     Administration, in consultation with the Administrator of the 
     Environmental Protection Agency as deemed necessary, shall 
     prescribe--
       ``(A) standards to measure aircraft noise and sonic boom;
       ``(B) regulations to control and abate aircraft noise and 
     sonic boom; and
       ``(C) emission standards applicable to the emission of any 
     air pollutant from any class or classes of aircraft engines 
     which, in the judgment of the Administrator, causes, or 
     contributes to, air pollution which may reasonably be 
     anticipated to endanger public health or welfare.''; and
       (2) indenting paragraphs (2) and (3) 2 em spaces from the 
     left margin.

     SEC. --003. AIRCRAFT DEPARTURE MANAGEMENT PILOT PROGRAM.

       (a) In General.--The Secretary of Transportation shall 
     carry out a pilot program at not more than 5 public use 
     airports under which the Federal Aviation Administration 
     shall test air traffic flow management tools, methodologies, 
     and procedures, as well as other operational improvements 
     that will allow the agency to better supervise aircraft on 
     the ground, reduce the length of ground holds and idling time 
     for aircraft, and promote reduction of carbon emissions of 
     aircraft and at airports.
       (b) Selection Criteria.--In selecting from among airports 
     at which to conduct the pilot program, the Secretary shall 
     give priority consideration to airports at which improvements 
     in ground control efficiencies are likely to achieve the 
     greatest fuel savings or air quality or other environmental 
     benefits, as measured by the amount of reduced fuel, reduced 
     emissions, or other environmental benefits per dollar of 
     funds expended under the pilot program.
       (c) Report to Congress.--Not later than 2 years after the 
     date of the enactment of this Act, the Secretary shall submit 
     to the House of Representatives Committee on Transportation 
     and Infrastructure of the and the Senate Committee on 
     Commerce, Science, and Transportation a report containing--
       (1) an evaluation of the effectiveness of the pilot 
     program, including an assessment of the tools, methodologies, 
     and procedures that provided the greatest fuel savings and 
     air quality and other environmental benefits, and any impacts 
     on safety, capacity, or efficiency of the air traffic control 
     system or the airports at which affected aircraft were 
     operating;
       (2) an identification of anticipated environmental and 
     economic benefits from implementation of the tools, 
     methodologies, and procedures developed under the pilot 
     program at other airports;
       (3) a plan for implementing the tools, methodologies, and 
     procedures developed under the pilot program at other 
     airports or the Secretary's reasons for not implementing such 
     measures at other airports; and
       (4) such other information as the Secretary considers 
     appropriate.

     SEC. --004. STUDY OF AVIATION SECTOR EMISSIONS.

       (a) In General.--The Administrator of the Federal Aviation 
     Administration shall enter into an agreement with the 
     National Academy of Sciences under which the Academy shall 
     conduct a study on emissions associated with the aviation 
     industry, including--
       (1) a determination of appropriate data necessary to make 
     determinations of emission inventories, considering fuel use, 
     airport operations, ground equipment, and all other sources 
     of emissions in the aviation industry;
       (2) an estimate of projected industry emissions for the 
     following 5-year, 20-year, and 50-year periods;
       (3) based on existing literature, research, and surveys to 
     determine the existing best

[[Page 11675]]

     practices for emission reduction in the aviation sector;
       (4) recommendations on areas of focus for additional 
     research for technologies and operations with the highest 
     potential to reduce emissions; and
       (5) recommendations of actions that the Federal Government 
     could take to encourage or require additional emissions 
     reductions.
       (b) Consultation.--In developing the parameters of the 
     study under this section, the Administrator shall conduct the 
     study under this section in consultation with--
       (1) the Administrator of the Environmental Protection 
     Agency; and
       (2) other appropriate Federal agencies and departments.

     SEC. --005. INTERCITY PASSENGER MOBILITY STUDY.

       Within 1 year after the date of enactment of this Act, the 
     Secretary of Transportation, through the Office of Climate 
     Change and Environment, and in coordination with the Federal 
     Railroad Administration and other relevant modal 
     administrations at the Department, shall complete a study to 
     assess the impact on transportation-related emissions of 
     developing or expending frequent and reliable intercity 
     passenger rail transportation services in appropriate 
     intercity travel markets of 500 miles or less. The study 
     shall include an estimate of the potential effects of new or 
     improved intercity passenger rail service on transportation 
     energy consumption, carbon and other air emissions, 
     infrastructure needs, system capacity, and congestion within 
     such markets and shall include an estimate of the costs and 
     benefits to the federal government, intercity passenger rail 
     providers, and other transportation modes, as appropriate, of 
     such an enhancement of intercity passenger rail service. The 
     Secretary shall transmit a report on the results of the study 
     to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure.

     SEC. --006. IMPROVEMENTS TO OFFICE OF CLIMATE CHANGE AND 
                   ENVIRONMENT.

       Section 102(g) of title 49, United States Code, is amended 
     by adding at the end thereof the following:
       ``(3) Assessment of federally funded major transportation 
     investments.--
       ``(A) Beginning 1 year after the date of enactment of the 
     Lieberman-Warner Climate Security Act of 2008, the Office 
     shall perform, or require the performance of, a climate-
     change impact assessment for each new federally-funded or 
     federally-administered transportation infrastructure or 
     operations project that--
       ``(i) receives more than half of its annual or total 
     funding from Department of Transportation; and
       ``(ii) will receive more than $500,000,000 in total Federal 
     funding.
       ``(B) The assessment shall include--
       ``(i) an estimate of the projected impact of the project or 
     program on global climate change and carbon emissions; and
       ``(ii) a rating for the project based on its projected 
     impacts.
       ``(C) The Office shall make each assessment available to 
     the public in a timely manner. The Secretary shall ensure 
     that assessments performed pursuant to this paragraph are 
     used by the Department when completing any relevant cost/
     benefit or other appropriate project analysis.
       ``(4) Coordination with other agencies.--The Secretary, 
     through the Office, shall coordinate with the National 
     Institute of Standards and Technology, and any other relevant 
     Federal agencies to assist in the development of climate 
     change-related standards that affect the collection of data, 
     assessment, or development of mitigation or adaptation 
     strategies in the transportation industry, such as carbon 
     accounting standards.''.
                                 ______
                                 
  SA 4911. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 209, strike line 20 and all that follows 
     through page 213, line 8.
       On page 213, lines 22 and 23, strike ``subparagraph (B)'' 
     and insert ``subparagraphs (B) and (E)''.
       On page 214, strike lines 1 through 13 and insert the 
     following:
       (i) to fund cost-effective energy-efficiency, demand 
     response, low-emission and high-efficiency distributed 
     generation and distributed renewable generation programs for 
     all fuels and energy types, or for customer-located renewable 
     energy supplies, in the residential, commercial, and 
     industrial sectors under the oversight of the regulatory 
     agencies of local distribution companies;
       (ii) if a local distribution company does not administer 
     energy-efficiency programs under the supervision of a 
     regulatory agency, to provide assistance to the appropriate 
     State energy officer, regulatory agency, or third-party 
     selected by the regulatory agency for use in accordance with 
     this section; and
       (iii) in the case of a non-regulated local distribution 
     entity, such as a municipal utility, to fund cost-effective 
     energy-efficiency, demand response, low-emission and high-
     efficiency distributed generation programs, and distributed 
     renewable generation programs, for the residential, 
     commercial and industrial consumers served by the non-
     regulated local distribution entity, subject to the approval 
     of the appropriate State or local government official.
       On page 215, between lines 22 and 23, insert the following:
       (E) Exception.--During the 5-year period beginning on the 
     date of enactment of this Act, if infrastructure and vendors 
     are not available to cost-effectively implement expanded 
     programs described in clauses (i) and (ii) of subparagraph 
     (A), a local distribution company receiving allowances under 
     this section, in instances determined to be appropriate by 
     the regulatory agency with jurisdiction over the local 
     distribution company, may provide limited rebates for 
     customers, giving priority to low-income customers.
       On page 216, strike lines 8 through 14 and insert the 
     following:
       (C)(i) how, and to what extent, the local distribution 
     company used the proceeds of the sale of emission allowances, 
     including the amount of the proceeds directed to each 
     consumer class covered in the form of rebates, energy 
     efficiency, demand response, and distributed generation; and
       (ii) the quantity of energy saved or generated as a result 
     of energy-efficiency, demand response, and distributed 
     generation programs supported by sales of emissions 
     allowances, including a description of the methodologies used 
     to estimate those savings.
                                 ______
                                 
  SA 4912. Mr. WHITEHOUSE submitted an amendment intended to be 
proposed by him to the bill S. 3036, to direct the Administrator of the 
Environment Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 196, strike line 15 and all that follows 
     through page 198, line 16.

       Strike the table that appears on page 203 after line 2 and 
     insert the following:


------------------------------------------------------------------------
                                                          Percentage for
                                                           auction for
                     Calendar Year                        Climate Change
                                                             Consumer
                                                         Assistance Fund
------------------------------------------------------------------------
2012...................................................            5.5
2013...................................................            5.75
2014...................................................            5.75
2015...................................................            6
2016...................................................            6.25
2017...................................................            6.5
2018...................................................            6
2019...................................................            7
2020...................................................            7
2021...................................................            7
2022...................................................            8
2023...................................................            8
2024...................................................            9
2025...................................................            9
2026...................................................           10
2027...................................................           11
2028...................................................           11
2029...................................................           12
2030...................................................           13
2031...................................................           14
2032...................................................           14
2033...................................................           14
2034...................................................           15
2035...................................................           15
2036...................................................           15
2037...................................................           15
2038...................................................           15
2039...................................................           15
2040...................................................           15
2041...................................................           15
2042...................................................           15
2043...................................................           15
2044...................................................           15
2045...................................................           15
2046...................................................           15
2047...................................................           15
2048...................................................           15
2049...................................................           15
2050...................................................           15.
------------------------------------------------------------------------


       On page 204, between lines 2 and 3, insert the following:

     SEC. 584. USE OF FUNDS.

       (a) In General.--Subject to section 585, of amounts 
     deposited in the Climate Change Consumer Assistance Fund 
     under section 583, the Administrator shall use--
       (1) of the proceeds from the auction of the initial 14 
     percent of the percentage of emission allowances auctioned 
     under section 582 for each calendar year--
       (A) not less than 50 percent to provide assistance to low-
     income households under the program described in subsection 
     (b); and
       (B) not less than 50 percent to provide an earned income 
     tax credit in accordance with subsection (c); and
       (2) the remaining proceeds from auctions under section 582 
     to carry out other tax initiatives to protect consumers, 
     especially consumers in greatest need, from increases

[[Page 11676]]

     in energy and other costs as a result of this Act in 
     accordance with subsection (d).
       (b) Program for Offsetting Impacts on Lower-Income 
     Americans.--
       (1) Definitions.--In this subsection:
       (A) Administrator.--The term ``Administrator'' means--
       (i) the Administrator of the Environmental Protection 
     Agency; or
       (ii) the head of a Federal agency designated by the 
     Administrator for the purposes of this subsection.
       (B) Elderly or disabled member.--The term ``elderly or 
     disabled member'' has the meaning given the term in section 3 
     of the Food Stamp Act of 1977 (7 U.S.C. 2012).
       (C) Gross income.--The term ``gross income'' means the 
     gross income of a household that is determined in accordance 
     with standards and procedures established under section 5 of 
     the Food Stamp Act of 1977 (7 U.S.C. 2014).
       (D) Household.--The term ``household'' means--
       (i) an individual who lives alone; or
       (ii) a group of individuals who live together.
       (E) Poverty line.--The term ``poverty line'' has the 
     meaning given the term in section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)), including any 
     revision required by that section.
       (F) Program.--The term ``Program'' means the Climate Change 
     Rebate Program established under paragraph (2).
       (G) State.--The term ``State'' means--
       (i) each of the several States of the United States;
       (ii) the District of Columbia;
       (iii) the Commonwealth of Puerto Rico;
       (iv) Guam;
       (v) American Samoa;
       (vi) the Commonwealth of the Northern Mariana Islands; and
       (vii) the United States Virgin Islands.
       (H) State agency.--
       (i) In general.--The term ``State agency'' means an agency 
     of State government that has responsibility for the 
     administration of 1 or more federally aided public assistance 
     programs within the State.
       (ii) Inclusions.--The term ``State agency'' includes--

       (I) a local office of a State agency described in clause 
     (i); and
       (II) in a case in which federally aided public assistance 
     programs of a State are operated on a decentralized basis, a 
     counterpart local agency that administers 1 or more of those 
     programs.

       (2) Climate change rebate program.--The Administrator shall 
     establish and carry out a program, to be known as the 
     ``Climate Change Rebate Program'', under which, at the 
     request of a State agency, eligible low-income households 
     within the State shall be provided an opportunity to receive 
     compensation, through the issuance of a monthly rebate, for 
     use in paying certain increased energy-related costs 
     resulting from the regulation of greenhouse gas emissions 
     under this Act.
       (3) Eligibility.--The Administrator shall limit 
     participation in the Program to--
       (A) households that the applicable State agency determines 
     meet the gross income test and the asset test standards 
     described in section 5 of the Food Stamp Act of 1977 (7 
     U.S.C. 2014); and
       (B) households that do not meet those standards, but that 
     include 1 or more individuals who meet the standards 
     described in section 1860D-14 of the Social Security Act (42 
     U.S.C. 1395w-114).
       (C) Limitation.--The Administrator shall establish 
     additional eligibility criteria to ensure that--
       (i) only United States citizens, United States nationals, 
     and lawfully residing immigrants are eligible to receive a 
     rebate under the Program; and
       (ii) each household does not receive more than 1 rebate per 
     month under the Program.
       (4) Monthly rebate amount.--
       (A) Establishment.--
       (i) In general.--The rebate available under the Program for 
     each month of a calendar year shall be established by the 
     Energy Information Administration, in consultation with other 
     appropriate Federal agencies, by not later than October 1 of 
     the preceding calendar year.
       (ii) Limitation.--The aggregate amount of rebates 
     distributed in any given year shall not exceed the amount 
     described in subsection (a)(1).
       (iii) Shortage.--If the amount described in subsection 
     (a)(4) is inadequate to provide monthly rebates to all 
     eligible households, the Administrator shall devise an 
     equitable proration to ensure that all eligible households 
     receive the same portion of the full rebate the eligible 
     households would have been eligible to receive if adequate 
     funds had been provided
       (B) Method of calculation.--With respect to the calculation 
     of a monthly rebate under this paragraph--
       (i) the maximum monthly rebate provided to a household 
     during any calendar year shall be equal to \1/12\ of the 
     projected average annual increase in the costs of goods and 
     services for that calendar year that results from the 
     regulation of greenhouse gas emissions under this Act, taking 
     into consideration--

       (I) the size of the household; and
       (II) direct and indirect energy costs for consumers in the 
     lowest-income quintile that is affected by the regulation of 
     greenhouse gas emissions, net of the effect of any projected 
     increase in Federal benefits resulting from higher cost-of-
     living adjustments based on higher energy-related costs;

       (ii) each quintile referred to in clause (i)(II) shall--

       (I) be based on income adjusted to account for household 
     size; and
       (II) represent an equal number of individuals; and

       (iii) the amount shall be adjusted by household size, 
     except that the same maximum rebate shall be--

       (I) provided to households of 5 or more individuals; and
       (II) based on the average cost increases for households of 
     5 or more individuals.

       (C) Greater than 130 percent of poverty line.--A household 
     with a gross income that is greater than 130 percent of the 
     poverty line shall not be eligible for a monthly rebate under 
     this subsection.
       (5) Delivery mechanism.--An eligible household shall 
     receive a rebate through an electronic benefit transfer or 
     direct deposit into a bank account designated by the eligible 
     household.
       (6) Administration.--
       (A) In general.--The State agency of each participating 
     State shall assume responsibility for--
       (i) the certification of households applying for monthly 
     rebates under this subsection; and
       (ii) the issuance, control, and accountability of those 
     rebates.
       (B) Reimbursement of administrative costs.--
       (i) In general.--Subject to such standards as shall be 
     established by the Administrator, the Administrator shall 
     reimburse each State agency for a portion, as described in 
     clauses (ii) and (iii), of the administrative costs involved 
     in the operation by the State agency of the Program.
       (ii) Initial 3 years.--During the first 3 fiscal years of 
     operation of the Program, the Administrator shall reimburse 
     each State agency for--

       (I) 75 percent of the administrative costs of delivering 
     monthly rebates under this subsection; and
       (II) 75 percent of any automated data processing 
     improvements or electronic benefit transfer contract 
     amendments that are necessary to provide the monthly rebates.

       (iii) Subsequent years.--During the fourth and subsequent 
     years of operation of the Program, the Administrator shall 
     reimburse each State agency for 50 percent of all 
     administrative costs of delivering the monthly rebates under 
     this subsection.
       (C) Treatment.--
       (i) Not income or resources.--The value of a rebate 
     provided under the Program shall not be considered to be 
     income or a resource for any purpose under any Federal, 
     State, or local law, including laws relating to an income 
     tax, public assistance programs (such as health care, cash 
     aid, child care, nutrition programs, and housing assistance).
       (ii) Action by state and local governments.--No State or 
     local government a resident of which receives a rebate under 
     the Program shall decrease any assistance that would 
     otherwise be provided to the resident because of receipt of 
     the rebate.
       (c) Sense of Congress Regarding Earned Income Tax Credit.--
     It is the sense of Congress that--
       (1) the amounts described in subsection (a)(1)(B) should be 
     used to enhance the earned income tax credit under section 32 
     of the Internal Revenue Code of 1986 to assist lower-income 
     workers to afford the energy-related costs associated with 
     the regulation of greenhouse gas emissions; and
       (2) the Administrator should structure the Climate Change 
     Rebate Program under subsection (b) in a manner than ensures 
     that the program phases out for eligible households that 
     receive an enhanced earned income tax credit as described in 
     this section.
       (d) Sense of Congress Regarding Additional Tax Policies.--
     It is the sense of Congress that any additional amounts in 
     the Climate Change Consumer Assistance Fund should be used to 
     fund other tax initiatives to protect consumers, especially 
     consumers in greatest need, from increases in energy and 
     other costs as a result of this Act.
       On page 204, line 3, strike ``584'' and insert ``585''.
       On page 204, strike lines 8 through 14.

                                 ______
                                 
  SA 4913. Mr. SMITH (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 4825 proposed by Mrs. 
Boxer (for herself, Mr. Warner, and Mr. Lieberman) to the bill S. 3036, 
to direct the Administrator of the Environment Protection Agency to 
establish a program to decrease emissions of greenhouse gases, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TAX CREDIT FOR GREEN ROOFS.

       (a) Findings and Purpose.--

[[Page 11677]]

       (1) Findings.--Congress makes the following findings:
       (A) Green roofs reduce storm water run off.
       (B) Green roofs reduce heating and cooling loads on a 
     building.
       (C) Green roofs filter pollutants and carbon dioxide out of 
     the air.
       (D) Green roofs filter pollutants and heavy metals out of 
     rainwater.
       (E) Construction of green roofs has the potential to reduce 
     the size of heating, ventilation, and air conditioning 
     equipment on new or retrofitted buildings resulting in 
     capital and operational savings.
       (F) Green roofs have the potential to reduce the amount of 
     standard insulation used.
       (G) After installation, green roofs can reduce sewage 
     system loads by assimilating large amounts of rainwater.
       (H) Green roofs absorb air pollution, collect airborne 
     particulates, and store carbon.
       (I) Green roofs protect underlying roof material by 
     eliminating exposure to the sun's ultraviolet radiation and 
     extreme daily temperature fluctuations.
       (J) Green roofs reduce noise transfer from the outdoors.
       (K) Green roofs insulate a building from extreme 
     temperatures, mainly by keeping the building interior cool in 
     the summer.
       (2) Purpose.--The purpose of this section is to encourage 
     the construction of green roofs thereby--
       (A) reducing rooftop temperatures and heat transfer; 
     decreasing summertime indoor temperatures;
       (B) lessening pressure on sewer systems through the 
     absorption of rainwater;
       (C) filtering pollution - including heavy metals and excess 
     nutrients;
       (D) protecting underlying roof material;
       (E) reducing noise;
       (F) providing a habitat for birds and other small animals;
       (G) improving the quality of life for building inhabitants; 
     and
       (H) reducing the urban heat island effect by decreasing 
     rooftop temperatures.
       (b) Green Roofs Eligible for Energy Credit.--
       (1) In general.--Subparagraph (A) of section 48(a)(3) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``or'' at the end of clause (iii), by striking the period at 
     the end of clause (iv) and inserting ``, or'', and by adding 
     at the end the following new clause:
       ``(v) a qualified green roof (as defined in section 
     25D(d)(4)(B)).''.
       (2) Credit allowed against alternative minimum tax.--
     Subparagraph (B) of section 38(c)(4) of such Code is amended 
     by striking ``and'' at the end of clause (iii), by 
     redesignating clause (iv) as clause (v), and by inserting 
     after clause (iii) the following new clause:
       ``(iv) so much of the credit determined under section 46 as 
     is attributable to the credit determined under section 48, 
     and''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to periods after December 31, 2008, under rules 
     similar to the rules of section 48(m) of the Internal Revenue 
     Code of 1986 (as in effect before the date of the enactment 
     of the Revenue Reconciliation Act of 1990).
       (c) Credit for Residential Green Roofs.--
       (1) In general.--
       (A) Allowance of credit.--Section 25D(a) of the Internal 
     Revenue Code of 1986 (relating to allowance of credit) is 
     amended by striking ``and'' at the end of paragraph (2), by 
     striking the period at the end of paragraph (3) and inserting 
     ``, and'', and by adding at the end the following new 
     paragraph:
       ``(4) 30 percent of the qualified green roof property 
     expenditures made by the taxpayer during such year.''.
       (B) Limitation.--Section 25D(b)(1) of such Code (relating 
     to maximum credit) is amended by striking ``and'' at the end 
     of subparagraph (B), by striking the period at the end of 
     subparagraph (C) and inserting ``, and'', and by adding at 
     the end the following new subparagraph:
       ``(D) $2,000 with respect to any qualified green roof 
     property expenditures.''.
       (C) Qualified green roof property expenditures.--Section 
     25D(d) of such Code (relating to definitions) is amended by 
     adding at the end the following new paragraph:
       ``(4) Qualified green roof property expenditure.--
       ``(A) In general.--The term `qualified green roof property 
     expenditure' means an expenditure for a qualified green roof 
     which is installed on a building located in the United States 
     and used as a residence by the taxpayer.
       ``(B) Qualified green roof.--The term `qualified green 
     roof' means any green roof at least 40 percent of which is 
     vegetated.
       ``(C) Green roof.--The term `green roof' means any roof 
     which consists of vegetation and soil, or a growing medium, 
     planted over a waterproofing membrane and its associated 
     components, such as a protection course, a root barrier, a 
     drainage layer, or thermal insulation and an aeration 
     layer.''.
       (D) Maximum expenditures in case of joint occupancy.--
     Section 25D(e)(4)(A) of such Code (relating to maximum 
     expenditures) is amended by striking ``and'' at the end of 
     clause (ii), by striking the period at the end of clause 
     (iii) and inserting ``, and'', and by adding at the end the 
     following new clause:
       ``(iv) $1,667 in the case of any qualified green roof 
     property expenditures.''.
       (2) Credit allowed against alternative minimum tax.--
       (A) In general.--Subsection (c) of section 25D of the 
     internal Revenue Code of 1986 is amended to read as follows:
       ``(c) Limitation Based on Amount of Tax; Carryforward of 
     Unused Credit.--
       ``(1) Limitation based on amount of tax.--In the case of a 
     taxable year to which section 26(a)(2) does not apply, the 
     credit allowed under subsection (a) for the taxable year 
     shall not exceed the excess of--
       ``(A) the sum of the regular tax liability (as defined in 
     section 26(b)) plus the tax imposed by section 55, over
       ``(B) the sum of the credits allowable under this subpart 
     (other than this section) and section 27 for the taxable 
     year.
       ``(2) Carryforward of unused credit.--
       ``(A) Rule for years in which all personal credits allowed 
     against regular and alternative minimum tax.--In the case of 
     a taxable year to which section 26(a)(2) applies, if the 
     credit allowable under subsection (a) exceeds the limitation 
     imposed by section 26(a)(2) for such taxable year reduced by 
     the sum of the credits allowable under this subpart (other 
     than this section), such excess shall be carried to the 
     succeeding taxable year and added to the credit allowable 
     under subsection (a) for such succeeding taxable year.
       ``(B) Rule for other years.--In the case of a taxable year 
     to which section 26(a)(2) does not apply, if the credit 
     allowable under subsection (a) exceeds the limitation imposed 
     by paragraph (1) for such taxable year, such excess shall be 
     carried to the succeeding taxable year and added to the 
     credit allowable under subsection (a) for such succeeding 
     taxable year.''.
       (B) Conforming amendments.--
       (i) Section 23(b)(4)(B) of the Internal Revenue Code of 
     1986 is amended by inserting ``and section 25D'' after ``this 
     section''.
       (ii) Section 24(b)(3)(B) of such Code is amended by 
     striking ``and 25B'' and inserting ``, 25B, and 25D''.
       (iii) Section 25B(g)(2) of such Code is amended by striking 
     ``section 23'' and inserting ``sections 23 and 25D''.
       (iv) Section 26(a)(1) of such Code is amended by striking 
     ``and 25B'' and inserting ``25B, and 25D''.
       (3) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2008, in taxable years ending after such date.
       (B) Application of egtrra sunset.--The amendments made by 
     clauses (i) and (ii) of paragraph (2)(B) shall be subject to 
     title IX of the Economic Growth and Tax Relief Reconciliation 
     Act of 2001 in the same manner as the provisions of such Act 
     to which such amendments relate.
                                 ______
                                 
  SA 4914. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                   TITLE XVIII--NUCLEAR POWER PLANTS

     SEC. 1801. CONSTRUCTION PERMITS AND OPERATING LICENSES.

       Section 185 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2235) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Issuance of Licenses.--
       ``(1) In general.--After a public hearing under section 
     189a.(1)(A), the Commission shall issue to the applicant a 
     combined construction and operating license, if--
       ``(A) the application contains sufficient information to 
     support the issuance of a combined license; and
       ``(B) the Commission determines that there is reasonable 
     assurance that the facility--
       ``(i) will be constructed; and
       ``(ii) will operate in conformity with the license, the 
     requirements of this Act, and the rules and regulations of 
     the Commission.
       ``(2) Inclusions.--The Commission shall identify in the 
     combined license--
       ``(A) each inspection, test, and analysis (including as 
     applicable to emergency planning) that the licensee shall be 
     required to perform; and
       ``(B) the acceptance criteria that, if met, are necessary 
     and sufficient to provide reasonable assurance that the 
     facility--
       ``(i) has been constructed; and
       ``(ii) will be operated in conformity with the license, the 
     requirements of this Act, and the rules and regulations of 
     the Commission.
       ``(3) Action by commission.--
       ``(A) In general.--After issuing a combined license under 
     this subsection, the Commission shall--
       ``(i) ensure that each required inspection, test, and 
     analysis is performed; and
       ``(ii) prior to operation of the applicable facility, issue 
     a determination that those requirements have been met.
       ``(B) No hearing required.--Except as otherwise provided in 
     section 189a.(1)(B), a determination of the Commission under 
     this paragraph shall not require a hearing.

[[Page 11678]]

       ``(4) New licensing goals.--For each 6 successful issuances 
     by the Commission of licenses under this subsection, not 
     later than 180 days after the date on which the final such 
     license is issued, the Commission shall publish a report, 
     including recommendations, that describes--
       ``(A) potential impediments or improvements that could 
     enhance the regulatory review process for licensing of 
     constructing new civilian nuclear power plants;
       ``(B) workforce and technology needs of the Commission; and
       ``(C) requirements that would be required for the 
     Commission to safely license at least 6 new nuclear plants 
     per year through 2050.''.

     SEC. 1802. HEARINGS AND JUDICIAL REVIEW.

       Section 189 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2239) is amended by striking ``a.(1)(A)'' and all that 
     follows through the end of subparagraph (A) and inserting the 
     following:
       ``(a) Hearings; Review.--
       ``(1) Hearings.--
       ``(A) Parties.--
       ``(i) In general.--In any proceeding under this Act for the 
     granting, suspending, revoking, or amending of any license or 
     construction permit or application to transfer control, in 
     any proceeding for the issuance or modification of rules and 
     regulations regarding the activities of licensees, and in any 
     proceeding for the payment of compensation, an award, or 
     royalties under section 153, 157, 186c., or 188, the 
     Commission shall--

       ``(I) grant a hearing on request of any person the 
     interests of which may be affected by the proceeding; and
       ``(II) admit any such person as a party to the proceeding.

       ``(ii) No request.--

       ``(I) In general.--In the absence of a request by a person 
     described in clause (i), the Commission may issue a 
     construction permit, an operating license, or an amendment to 
     a construction permit or an amendment to an operating license 
     without a hearing by publishing in the Federal Register a 
     notice of the intended issuance not later than 30 days before 
     the date of issuance.
       ``(II) Exception.--The notice requirement under subclause 
     (I) shall not apply with respect to any application for an 
     amendment to a construction permit or an amendment to an 
     operating license on a determination by the Commission that 
     the amendment involves no significant hazard 
     consideration.''.

     SEC. 1803. SENSE OF SENATE.

       It is the sense of the Senate that the Nuclear Regulatory 
     Commission should be given all necessary funding and 
     assistance required by the Commission to meet the increasing 
     demand of license applications before the Commission.
                                 ______
                                 
  SA 4915. Mr. REID (for Mrs. Clinton) submitted an amendment intended 
to be proposed by Mr. Reid to the bill S. 3036, to direct the 
Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 19, strike lines 11 through 16 and insert the 
     following:
       (10) Carbon dioxide equivalent.--The term ``carbon dioxide 
     equivalent'' means, for each HFC, non-HFC greenhouse gas, 
     black carbon, or tropospheric ozone precursor, the quantity 
     of the HFC, non-HFC greenhouse gas, black carbon, or 
     tropospheric ozone precursor that the Administrator 
     determines makes the same contribution to global warming as 1 
     metric ton of carbon dioxide.
       On page 31, between lines 18 and 19, insert the following:
       (52) Tropospheric ozone precursor.--The term ``tropospheric 
     ozone precursor'' means each of the oxides of nitrogen, 
     nonmethane volatile organic hydrocarbons, methane, and carbon 
     monoxide.
       On page 41, strike lines 11 through 17 and insert the 
     following:
       (a) Program.--
       (1) In general.--Subject to paragraph (2), not later than 2 
     years after the date of enactment of this Act, the 
     Administrator shall by regulation establish and carry out a 
     program under which the Administrator shall provide grants to 
     entities in the United States for--
       (A) the purchase of advanced medium- and heavy-duty hybrid 
     commercial vehicles, based on demonstrated increases in fuel 
     efficiency of those commercial vehicles; and
       (B) the purchase and installation on existing medium- and 
     heavy-duty diesel commercial vehicles or commercial nonroad 
     equipment of diesel particulate filters that are verified by 
     the Administrator or the California Air Resources Board, 
     based on demonstrated reductions of black carbon emissions 
     from those diesel vehicles or nonroad equipment.
       (2) No duplicate assistance.--No entity receiving grants 
     for diesel retrofits under this Act or any other Federal 
     program shall receive payment under this subsection for 
     emission reductions for the same diesel engine.
       Beginning on page 41, strike line 20 and all that follows 
     through page 42, line 22, and insert the following:
       (1) only a purchaser of a hybrid commercial vehicle 
     weighing at least 8,500 pounds, or a diesel particulate 
     filter installed on a commercial diesel vehicle weighing at 
     least 8,500 pounds or installed on a piece of nonroad 
     equipment with an engine rating of at least 75 horsepower, 
     shall be eligible for grants under subsection (a);
       (2) the purchaser of a qualifying hybrid vehicle or 
     verified diesel particulate filter shall have certainty, at 
     the time of purchase, of--
       (A) the amount of the grant to be provided; and
       (B) the time at which grant funds shall be available;
       (3) the amount of --
       (A) the grant provided under subsection (a)(1)(A) shall 
     increase in direct proportion to the fuel efficiency of a 
     commercial vehicle to be purchased using funds from the 
     grant; and
       (B) the grant provided under subsection (a)(1)(B) shall 
     increase in direct proportion to the reduction in black 
     carbon emissions from the retrofit of a qualifying diesel 
     vehicle or nonroad equipment with a verified diesel 
     particulate filter to be purchased using funds from the 
     grant;
       (4) the amounts made available to provide grants under 
     subsection (a)(1) shall be allocated by the Administrator for 
     at least 3 classes of vehicle weight, to ensure--
       (A) adequate availability of grant funds for different 
     categories of commercial vehicles; and
       (B) that the amount of a grant provided for the purchase of 
     a heavier, more expensive vehicle is proportional to the 
     amount of a grant provided for the purchase of a lighter, 
     less expensive vehicle; and
       (5) the amount provided per grant under subparagraph (A) or 
     (B) of subsection (a)(1) shall decrease over time to 
     encourage early purchases of qualifying commercial hybrid 
     vehicles or verified diesel particulate filters, 
     respectively.
       On page 43, strike lines 1 through 5 and insert the 
     following:
       (d) Termination of Authority.--
       (1) Hybrid fleets.--The program established under 
     subsection (a)(1)(A), and all authority provided under that 
     subsection, terminate on the date on which the clean medium- 
     and heavy-duty hybrid fleets program is established under 
     section 1103.
       (2) Black carbon emissions.--The program established under 
     subsection (a)(1)(B), and all authority provided under that 
     subsection, terminate on the date on which the diesel engine 
     black carbon emission reduction program is established under 
     section 527.
       On page 43, line 10, insert ``, the reduction of black 
     carbon emissions,'' after ``sustainable economic growth''.
       On page 45, line 1, strike ``greenhouse gas emission 
     mitigations'' and insert ``greenhouse gas or black carbon 
     emission mitigations, as applicable''.
       On page 45, lines 7 and 8, strike ``greenhouse gas emission 
     mitigations'' and insert ``greenhouse gas or black carbon 
     emission mitigations, as applicable''.
       On page 46, line 25, insert ``or black carbon'' after 
     ``greenhouse gas''.
       On page 48, line 10, insert ``and black carbon'' after 
     ``greenhouse gas''.
       On page 48, line 13, insert ``and black carbon'' after 
     ``greenhouse gas''.
       On page 48, line 20, insert ``and black carbon'' after 
     ``greenhouse gas''.
       On page 50, line 9, insert ``and black carbon'' after 
     ``greenhouse gas''.
       On page 51, line 13, insert ``and black carbon'' after 
     ``greenhouse gas''.
       Beginning on page 60, strike line 6 and all that follows 
     through page 61, line 18, and insert the following:

     SEC. 124. STUDY BY ADMINISTRATOR OF BLACK CARBON, METHANE, 
                   AND TROPOSPHERIC OZONE PRECURSOR EMISSIONS.

       (a) Study.--The Administrator shall conduct a study of 
     black carbon, methane, and tropospheric ozone precursor 
     emissions, including--
       (1) an identification of--
       (A) the major sources of black carbon, methane, and 
     tropospheric ozone precursor emissions in the United States 
     and throughout the world, and an estimate of the quantity of 
     emissions, and effects on the climate caused by the 
     emissions, from those sources;
       (B) key outstanding research questions that constrain the 
     ability to provide the information described in subparagraph 
     (A), including the development of a 2-year research plan and 
     recommendations for funding; and
       (C) the most effective and cost-effective strategies for 
     additional domestic and international reductions in black 
     carbon, methane, and tropospheric ozone and the likely 
     climate benefits of each of those reductions, including--
       (i) ways to expand the effectiveness of the existing 
     ``methane-to-markets'' program;
       (ii) regulatory strategies to reduce methane emissions from 
     major sources, including landfills, coal mines, combined 
     animal feeding operations, pipelines, and rice cultivation;
       (iii) the latest scientific information and data relevant 
     to the climate-related impacts of black carbon emissions from 
     diesel engines and other sources;
       (iv) carbon dioxide equivalency factors for black carbon 
     classified by specific black carbon sources, and the 
     establishment of such factors pursuant to section 202(l);

[[Page 11679]]

       (v) carbon dioxide equivalency factors for precursors of 
     tropospheric ozone, and establishment of those factors 
     pursuant to section 202(l);
       (vi) eligible diesel and other direct emission control 
     technologies that remove black carbon effectively;
       (vii) full lifecycle and net climate impacts of 
     installation of diesel particulate filters on existing diesel 
     on- and off-road engines, including verification of those 
     lifecycles and impacts; and
       (viii) diesel and other direct emission control 
     technologies, operations, or strategies that remove or reduce 
     black carbon, including estimates of costs and effectiveness; 
     and
       (2) recommendations of the Administrator regarding--
       (A) areas of focus for additional research for 
     technologies, operations, and strategies with the highest 
     potential to reduce black carbon, methane, and tropospheric 
     ozone precursor emissions;
       (B) actions that the Federal Government could take to 
     encourage or require additional black carbon, methane, and 
     tropospheric ozone precursor emission reductions; and
       (C) the development of a climate-beneficial tropospheric 
     ozone reduction strategy, and a description of the 
     relationship of that strategy to the ozone reduction strategy 
     in effect as of the date of enactment of this Act.
       (b) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall submit to 
     Congress a report describing the results of the study.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       On page 71, between lines 14 and 15, insert the following:
       (l) Determination of Carbon Dioxide Equivalents for 
     Greenhouse Gases, Black Carbon, and Tropospheric Ozone 
     Precursors.--Not later than 180 days after the date of 
     enactment of this Act, the Administrator shall determine the 
     carbon dioxide equivalent for--
       (1) each HFC and non-HFC greenhouse gas; and
       (2) black carbon and tropospheric ozone precursor, if the 
     Administrator first determines that equivalents can be 
     established with reasonable scientific certainty.
       On page 80, line 14, insert ``and black carbon'' after 
     ``greenhouse gas''.
       On page 80, line 21, insert ``and black carbon'' after 
     ``greenhouse gas''.
       On page 80, strike lines 23 through 25.
       On page 81, line 1, strike ``(4)'' and insert ``(3)''.
       On page 81, line 4, strike ``(5)'' and insert ``(4)''.
       On page 81, line 5, insert ``and black carbon'' after 
     ``greenhouse gas''.
       On page 81, line 7, insert ``and'' after the semicolon.
       On page 81, strike lines 8 and (9) and insert the 
     following:
       (5) with respect to offsets from agricultural, forestry, or 
     other land use-related projects--
       (A) require that the project developer for an offset 
     project establish the project baseline and register emissions 
     with the Registry;
       (B) establish procedures for project initiation and 
     approval, in accordance with section 304;
       (C) establish procedures for third-party verification, 
     registration, and issuance of offset allowances, in 
     accordance with section 305;
       (D) ensure permanence of offsets by mitigating and 
     compensating for reversals, in accordance with section 306; 
     and
       (E) assign a unique serial number to each offset allowance 
     issued under this section.
       On page 81, strike lines 10 through 17.
       On page 85, strike lines 10 through 12 and insert the 
     following:
     (D);
       (F) reductions in black carbon emissions from heavy-duty 
     diesel engines and diesel nonroad equipment operating in the 
     United States, if the Administrator has made a determination 
     of the carbon dioxide equivalent for black carbon under 
     section 202(l); and
       (G) any other category proposed to the Administrator by 
     petition.
       On page 86, line 11, strike ``include'' and insert ``with 
     respect to agricultural, forestry, or other land use-related 
     offset projects, include''.
       On page 91, line 12, insert ``for agricultural, forestry, 
     or other land use-related offset projects'' after ``issue a 
     methodology''.
       On page 112, between lines 2 and 3, insert the following:

     SEC. 312. BLACK CARBON REDUCTION OFFSET PROJECTS.

       Offset projects described in section 302(b)(2)(F) shall not 
     be subject to sections 304 through 310.
       On page 159, line 5, strike ``The Administrator'' and 
     insert ``Beginning in calendar year 2020, the 
     Administrator''.
       On page 159, between lines 18 and 19, insert the following:
       (c) Reducing Black Carbon and Methane Emissions Over the 
     Short Term.--
       (1) Reduction of black carbon emissions from diesel 
     engines.--
       (A) In general.--The Administrator shall use a portion of 
     the proceeds from each cost-containment auction for each of 
     calendar years 2013 through 2019 to carry out the program 
     established by the Administrator under subparagraph (B).
       (B) Program.--
       (i) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall by regulation 
     establish a program to achieve real, verifiable, additional, 
     permanent, and enforceable reductions in emissions of black 
     carbon from diesel engines on heavy-duty vehicles and nonroad 
     equipment in the United States.
       (ii) Requirements.--

       (I) In general.--Subject to subclause (II), the regulations 
     promulgated under clause (i) shall provide for full or 
     partial payment to individual entities for verified costs of 
     installation of diesel particulate filters that are verified 
     by the Administrator or the California Air Resources Board.
       (II) No duplicate assistance.--No entity receiving emission 
     allowances for black carbon reductions or diesel retrofits 
     under this Act or any other Federal program shall receive 
     payment under this subsection for black carbon emission 
     reductions or retrofits for the same diesel engine.

       (2) Reduction of methane and non-diesel black carbon 
     emissions.--The Corporation shall use a portion of the 
     proceeds from each cost-containment auction for each of 
     calendar years 2013 through 2019 to carry out a program that 
     shall, by regulation, be established by the Administrator to 
     achieve real, verifiable, additional, permanent, and 
     enforceable reductions in emissions of methane and black 
     carbon from sources other than diesel engines.
       On page 196, line 21, strike ``2 percent'' and insert ``1 
     percent''.
       On page 352, between lines 16 and 17, insert the following:

    Subtitle E--Reducing Black Carbon Emissions From Diesel Engines

     SEC. 1141. ALLOCATION.

       Not later than April 1 of the year immediately following 
     the determination by the Administrator of the carbon dioxide 
     equivalent for black carbon pursuant to section 202(l), and 
     annually thereafter through 2017, the Administrator shall 
     allocate 1 percent of the quantity of emission allowances 
     established pursuant to section 201(a) for the following 
     calendar year for real, verifiable, additional, permanent, 
     and enforceable reductions in emissions of black carbon from 
     heavy-duty diesel engines and nonroad diesel equipment in the 
     United States that are achieved through the use of--
       (1) diesel particulate filters that are verified by the 
     Administrator or the California Air Resources Board; or
       (2) other emission reduction methodology that the 
     Administrator determines will provide an equal or greater 
     reduction in diesel black carbon emissions.

     SEC. 1142. DISTRIBUTION.

       Not later than 1 year after the date of enactment of this 
     Act, the Administrator shall establish a program that 
     includes a system for distributing to individual entities the 
     emission allowances allocated under section 1141, based on 
     verified reductions in black carbon emissions.
       On page 438, line 10, insert ``, the reduction of black 
     carbon emissions,'' after ``sustainable economic growth''.
                                 ______
                                 
  SA 4916. Mr. WYDEN (for himself, Mr. Bingaman, Mr. Domenici, Mr. 
Johnson, Mr. Thune, Mr. Salazar, Mr. Smith, Mr. Barrasso, Mr. Enzi, 
Mrs. Feinstein, Mr. Crapo, and Ms. Cantwell) submitted an amendment 
intended to be proposed by him to the bill S. 3036, to direct the 
Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 342, strike lines 10 and 11 and insert the 
     following:
     United States.'';
       (3) by striking subparagraph (L) (as redesignated by 
     paragraph (1)) and inserting the following:
       ``(L) Renewable biomass.--The term `renewable biomass' 
     means--
       ``(i) nonmerchantable materials, precommercial thinnings, 
     or invasive species from National Forest system land and 
     public land (as defined in section 103 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 17902)) that--

       ``(I) are byproducts of preventive treatments that are 
     removed (such as trees, wood, brush, thinnings, chips, and 
     slash)--

       ``(aa) to reduce hazardous fuels;
       ``(bb) to reduce or contain disease or insect infestation; 
     or
       ``(cc) to restore ecosystem health;

       ``(II) would not otherwise be used for higher-value 
     products; and
       ``(III) are removed in accordance with--

       ``(aa) applicable law and land management plans; and
       ``(bb) the requirement for old-growth maintenance, 
     restoration, and management direction of subsection (e)(2) of 
     section 102 of the Healthy Forests Restoration Act of 2003 
     (16 U.S.C. 6512) and the requirements for large-tree 
     retention of subsection (f) of that section; or

[[Page 11680]]

       ``(ii) any organic matter that is available on a renewable 
     or recurring basis from non-Federal land or land belonging to 
     an Indian or Indian tribe that is held in trust by the United 
     States or subject to a restriction against alienation imposed 
     by the United States, including--

       ``(I) renewable plant material, including--

       ``(aa) feed grains;
       ``(bb) other agricultural commodities;
       ``(cc) other plants and trees; and
       ``(dd) algae; and

       ``(II) waste material, including--

       ``(aa) crop residue;
       ``(bb) other vegetative waste materials (including wood 
     waste and wood residues);
       ``(cc) animal waste and byproducts (including fats, oils, 
     greases, and manure); and
       ``(dd) food waste and yard waste.''; and
       (4) by striking subparagraph (O) (as redesig-
                                 ______
                                 
  SA 4917. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 291, between lines 4 and 5, insert the following:
       (10) Municipal solid waste.
                                 ______
                                 
  SA 4918. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 459, strike lines 1 through 7 and insert the 
     following:

     SEC. 1403. DEPOSITS.

       Except as provided in section __01(b), the Administrator 
     shall deposit all proceeds of auctions conducted pursuant to 
     section 1402, immediately on receipt of those proceeds, in 
     the Deficit Reduction Fund.

     SEC. 1404. DISBURSEMENTS FROM FUND.

       No disbursement shall be made from the Deficit Reduction 
     Fund, except pursuant to an appropriation Act.

                      TITLE __FUEL ASSISTANCE FUND

     SEC. __01. FUEL ASSISTANCE FUND.

       (a) In General.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Fuel 
     Assistance Fund''.
       (b) Deposits.--The Administrator shall deposit such 
     proceeds of auctions conducted pursuant to section 1402 as 
     may be necessary to provide sufficient funds for the purposes 
     of subsection (c).
       (c) Disbursements.--The Administrator shall, without 
     further appropriation, transfer such funds from the Fuel 
     Assistance Fund to the Highway Trust Fund and the Airport and 
     Airways Trust Fund as are necessary to equal the reduction in 
     revenues transferred to such Trust Funds resulting from the 
     operation of section __02.

     SEC. __02. RATE REDUCTION IN FEDERAL MOTOR FUEL EXCISE TAXES 
                   EQUIVALENT TO INCREASE IN MOTOR FUEL PRICES 
                   RESULTING FROM THIS ACT.

       The Administrator of the Energy Information Administration 
     shall determine and report to the Secretary of the Treasury 
     on a quarterly basis any necessary reduction in the rates of 
     tax under sections 4041 and 4081 of the Internal Revenue Code 
     of 1986 equivalent to the estimated increase in prices in the 
     motor fuels subject to such rates of tax resulting from the 
     operation of this Act for such quarter. Notwithstanding any 
     other provision of the Internal Revenue Code of 1986, the 
     Secretary of the Treasury shall by regulation provide for 
     such quarterly reductions through the use of floor stock 
     refunds and floor stock taxes.
                                 ______
                                 
  SA 4919. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 194, strike lines 14 through 19 and insert the 
     following:
       (1) In general.--The Administrator shall include, in the 
     regulations promulgated pursuant to subsection (a), 
     provisions for distributing solely among rural electric 
     cooperatives (in addition to allowances made available to 
     rural electric cooperatives under subsection (a) and subtitle 
     A of Title VI), 1 percent of the quantity of emission 
     allowances established pursuant to section 201(a) for each of 
     calendar years 2012 through 2030.
                                 ______
                                 
  SA 4920. Mr. REID (for Mr. Byrd (for himself, Mrs. Murray, Mr. 
Dorgan, Mr. Leahy, Mr. Durbin, Mrs. Feinstein, and Ms. Mikulski)) 
submitted an amendment intended to be proposed by Mr. Reid to the bill 
S. 3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 143, strike beginning with line 1 through page 144, 
     line 21, and insert the following:

     SEC. 434. CONGRESSIONAL OVERSIGHT OF BOARD EXPENDITURES.

       (a) Budget Requests.--In each annual request for 
     appropriations by the President, the Office of Management and 
     Budget shall identify the portion thereof intended for the 
     support of the board established by section 432 and include a 
     statement by such board--
       (1) showing the amount requested by the board in its 
     budgetary presentation to the Office of Management and 
     Budget; and
       (2) an assessment of the budgetary needs of the board.
       (b) Direct Transmittal to Congress.--The board established 
     by section 431 shall transmit to Congress copies of budget 
     estimates, requests, and information (including personnel 
     needs), legislative recommendations, prepared testimony for 
     congressional hearings, and comments on legislation at the 
     same time they are sent to the Office of Management and 
     Budget. An officer of an agency may not impose conditions on 
     or impair communications by the board established by section 
     431 with Congress, or a committee or Member of Congress, 
     about the information.
       On page 145, line 17, strike ``436'' and insert ``435''.
       On page 163, line 2, insert ``(a) In General.--'' before 
     ``The''.
       On page 163, after line 5, insert the following:
       (b) Treatment of Proceeds.--Notwithstanding section 3302 of 
     title 31, United States Code, any proceeds collected under 
     this section--
       (1) shall be credited as offsetting collections to carry 
     out activities authorized under section 534;
       (2) shall be available for expenditure only to pay the 
     costs of carrying out the programs under section 534; and
       (3) shall be available only to the extent provided for in 
     advance in an appropriations Act.
       On page 164, line 2, strike ``further appropriation or''.
       On page 164, line 12, strike ``further appropriation or''.
       On page 164, lines 19 and 20, strike ``further 
     appropriations or''.
       On page 224, strike lines 6 through 11 and insert the 
     following:
       (f) Treatment of Proceeds.--Notwithstanding section 3302 of 
     title 31, United States Code, all proceeds collected under 
     section 611--
       (1) shall be credited as offsetting collections to carry 
     out the grants described in subsections (g) through (i);
       (2) shall be available to the Secretary of Transportation 
     for expenditure only to pay the costs of carrying out the 
     grants described in subsections (g) through (i);
       (3) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       (4) shall remain available until expended.
       On page 225, line 16, strike ``Administrator'' and insert 
     ``Secretary of Transportation''.
       On page 228, line 24, strike ``Administrator'' and insert 
     ``Secretary of Transportation''.
       On page 241, after line 4, insert the following:
       (c) Use of Funds.--Notwithstanding section 3302 of title 
     31, United States Code, any proceeds collected under section 
     613--
       (1) shall be credited as offsetting collections to carry 
     out section 614;
       (2) shall be available for expenditure only to pay for the 
     costs of carrying out the activities described in section 
     614(d);
       (3) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       (4) shall remain available until expended.
       On page 264, line 14, strike ``Amounts'' and insert 
     ``Notwithstanding section 3302 of title 31, United States 
     Code, amounts''.
       On page 264, strike lines 21 through 25 and insert the 
     following:
       7403, 7601(d)) shall be--
       (1) credited as offsetting collections to carry out the 
     program under subsection (b);
       (2) shall be available for expenditure only to pay the 
     costs of carrying out the program under subsection (b) in 
     accordance with the purposes described in paragraph (2) of 
     subsection (b);
       (3) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       (4) shall remain available until expended.
       On page 270, line 15, strike ``Deposits'' and insert 
     ``Notwithstanding section 3302 of title 31, United States 
     Code, deposits''.
       On page 270, line 21, strike ``needs; and'' and insert 
     ``needs;''.
       On page 270, strike lines 22 through 25 and insert the 
     following:
       (B) shall be credited as offsetting collections to carry 
     out the purposes of the Land and Water Conservation Fund;

[[Page 11681]]

       (C) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       (D) shall remain available until expended.
       On page 271, lines 1 and 2, strike ``deposited in'' and 
     insert ``appropriated from''.
       On page 271, line 3, strike ``(1)'' and insert ``(2)''.
       On page 297, strike lines 11 through 18 and insert the 
     following:
       Notwithstanding section 3302 of title 31, United States 
     Code, any proceeds collected under section 903--
       (1) shall be credited as offsetting collections to carry 
     out section 906;
       (2) shall be available for expenditure only to pay the 
     costs of carrying out section 906;
       (3) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       (4) shall remain available until expended.
       On page 304, strike lines 5 through 7 and insert the 
     following:
       Notwithstanding section 3302 of title 31, United States 
     Code, any proceeds collected under section 911--
       (1) shall be credited as offsetting collections to carry 
     out subtitle B or section 5012 of the PACE-Energy Act (42 
     U.S.C. 16538);
       (2) shall be available for expenditure only to pay the 
     costs of carrying out subtitle B or section 5012 of the PACE-
     Energy Act (42 U.S.C. 16538);
       (3) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       (4) shall remain available until expended.
       On page 305, strike lines 6 through 15 and insert the 
     following:
       Notwithstanding section 3302 of title 31, United States 
     Code, any proceeds under section 1002--
       (1) shall be credited as offsetting collections to carry 
     out the Kick-Start Program under section 1005;
       (2) shall be available for expenditure only to pay the 
     costs of carry out the Kick-Start Program under section 1005;
       (3) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       (4) shall remain available until expended.
       On page 333, strike lines 18 through 24, and insert the 
     following:
       Notwithstanding section 3302 of title 31, United States 
     Code, all proceeds collected under section 1112--
       (1) shall be credited as offsetting collections to carry 
     out awards described in section 1115;
       (2) shall be available for expenditure only to pay the 
     costs of carry out the awards described in section 1115;
       (3) shall be available only to the extent provided for in 
     advance in an appropriations Act; and
       (4) shall remain available until expended.
       On page 356, line 10, strike ``Amounts'' and insert 
     ``Notwithstanding section 3302 of title 31, United States 
     Code, amounts''.
       On page 356, strike lines 13 through 21 and insert the 
     following:
       (1) credited as offsetting collections;
       (2) shall be available only to the extent provided for in 
     advance in an appropriations Act;
       (3) shall remain available until expended; and
       (4) shall be used to pay for wildland fire suppression 
     activities, the costs of which are in excess of amounts 
     annually appropriated to the Secretary of the Interior 
     (referred to in this section as the ``Secretary'') for 
     normal, nonemergency wildland fire suppression activities.
       On page 358, strike lines 13 through 20 and insert the 
     following:
       (1) credited as offsetting collections;
       (2) shall be available only to the extent provided for in 
     advance in an appropriations Act;
       (3) shall remain available until expended; and
       (4) shall be used to pay for wildland fire suppression 
     activities, the costs of which are in excess of amounts 
     annually appropriated to the Secretary of Agriculture 
     (referred to in this section as the ``Secretary'') for 
     normal, nonemergency wildland fire suppression activities.
       On page 371, line 1, strike ``Amounts'' and insert 
     ``Notwithstanding section 3302 of title 31, United States 
     Code, amounts''.
       On page 371, after line 3, insert the following:
       (1) credited as offsetting collections;
       (2) shall be available only to the extent provided for in 
     advance in an appropriations Act;
       (3) shall remain available until expended; and
       On page 371, line 4, strike ``(1)'' and insert ``(4)''.
       On page 371, lines 11 and 12, strike ``subtitle; and'' and 
     insert ``subtitle;''.
       On page 371, strike lines 13 and 14.
       On page 441, line 23, strike ``All'' and insert ``(1) in 
     general.--''.
       On page 441, line 24, strike ``, without further 
     appropriation or fiscal year limitation,''.
       On page 442, after line 2, insert the following:
       (2) Treatment of funds.--Notwithstanding section 3302 of 
     title 31, United States Code, the funds made available 
     pursuant to this subsection shall be--
       (A) credited as offsetting collections to carry out 
     activities authorized by section 114;
       (B) available for expenditure only to pay the costs of 
     carrying out the program established by section 114; and
       (C) available only to the extent provided for in advance in 
     an appropriations Act.
       On page 449, strike beginning with line 20 through page 
     450, line 2, and insert the following:
       (1) Use of funds.--
       (A) In general.--Notwithstanding section 3302 of title 31, 
     United States Code, amounts deposited in the Fund under 
     section 1331(b)(3) shall be made available to carry out--
       (i) the Program; and
       (ii) international activities that meet the requirements 
     described in paragraph (8).
       (B) Treatment of funds.--The amounts deposited in the Fund 
     under section 1331(b)(3) shall be--
       (i) credited as offsetting collections to carry out 
     activities authorized under section 1332;
       (ii) available for expenditure only to pay the costs of 
     carrying out the program under such section; and
       (iii) available only to the extent provided for in advance 
     in an appropriations Act.
       At the end of the bill insert the following:

     SEC. __. BUDGETARY TREATMENT.

       Notwithstanding any provision of title III of the 
     Congressional Budget Act of 1974, for fiscal year 2012 and 
     thereafter, the Committees on the Budget of the Senate and of 
     the House of Representatives shall treat any amounts in this 
     Act that--
       (1) are credited as offsetting collections; and
       (2) are available only to the extent provided in advance in 
     an appropriations Act;
     as discretionary offsets to appropriations made in annual 
     appropriations Acts.
                                 ______
                                 
  SA 4921. Mr. GRAHAM (for himself, Mr. McCain, and Mr. Stevens) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title IX, insert the following:

                  Subtitle C--Nuclear Power Generation

           PART I--NUCLEAR POWER TECHNOLOGY AND MANUFACTURING

     SEC. 921. DEFINITIONS.

       In this part:
       (1) Engineering integration costs.--The term ``engineering 
     integration costs'' includes the costs of engineering tasks 
     relating to--
       (A) the redesign of manufacturing processes to produce 
     qualifying components and nuclear power generation 
     technologies;
       (B) the design of new tooling and equipment for production 
     facilities that produce qualifying components and nuclear 
     power generation technologies; and
       (C) the establishment or expansion of manufacturing 
     operations for qualifying components and nuclear power 
     generation technologies.
       (2) Nuclear power generation.--The term ``nuclear power 
     generation'' means generation of electricity by an electric 
     generation unit that--
       (A) emits no carbon dioxide into the atmosphere;
       (B) uses uranium as its fuel source; and
       (C) was placed into commercial service after the date of 
     enactment of this Act.
       (3) Nuclear power generation technology.--The term 
     ``nuclear power generation technology'' means a technology 
     used to produce nuclear power generation.
       (4) Qualifying component.--The term ``qualifying 
     component'' means a component that the Secretary of Energy 
     determines to be specially designed for nuclear power 
     generation technology.

     SEC. 922. NUCLEAR POWER TECHNOLOGY FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``Nuclear Power 
     Technology Fund''.
       (b) Auctions.--
       (1) In general.--In accordance with paragraph (2), to raise 
     funds for deposit in the Nuclear Power Technology Fund, the 
     Administrator shall auction--
       (A) for each of calendar years 2012 through 2021, 2 percent 
     of the emission allowances established pursuant to section 
     201(a) for that calendar year;
       (B) for each of calendar years 2022 through 2030, 1 percent 
     of the emission allowances established pursuant to section 
     201(a) for that calendar year; and
       (C) for each of calendar years 2031 through 2050, 1 percent 
     of the emission allowances established pursuant to section 
     201(a) for that calendar year.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60

[[Page 11682]]

     days before, the beginning of each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (c) Deposits.--Immediately upon the receipt of proceeds of 
     auctions conducted pursuant to subsection (b), the 
     Administrator shall deposit all of the proceeds into the 
     Nuclear Power Technology Fund.
       (d) Use of Funds.--For each of calendar years 2012 through 
     2050, all funds deposited in the Nuclear Power Technology 
     Fund for the preceding year under subsection (c) shall be 
     made available, without further appropriation or fiscal year 
     limitation, to the Climate Change Technology Board 
     established under section 431 to carry out the financial 
     incentives program established under section 924.

     SEC. 923. SPENT FUEL RECYCLING PROGRAM.

       (a) Purpose.--It is the policy of the United States to 
     recycle spent nuclear fuel to advance energy independence by 
     maximizing the energy potential of nuclear fuel in a 
     proliferation-resistant manner that reduces the quantity of 
     waste dedicated to a permanent Federal repository.
       (b) Spent Fuel Recycling Research and Development 
     Facility.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall begin construction 
     of a spent fuel recycling research and development facility.
       (2) Purpose.--The facility described in paragraph (1) shall 
     serve as the lead site for continuing research and 
     development of advanced nuclear fuel cycles and separation 
     technologies.
       (3) Site selection.--In selecting a site for the facility, 
     the Secretary shall give preference to a site that has--
       (A) the most technically sound bid;
       (B) a demonstrated technical expertise in spent fuel 
     recycling;
       (C) proximity to existing and proposed nuclear reactors; 
     and
       (D) community support.
       (c) Contracts.--The Secretary shall use amounts in the 
     Nuclear Power Technology Fund, and such other amounts as are 
     appropriated to carry out this section, to enter into long-
     term contracts with private sector entities for the recycling 
     of spent nuclear fuel.
       (d) Competitive Selection.--Contracts awarded under 
     subsection (c) shall be awarded on the basis of a competitive 
     bidding process that--
       (1) maximizes the competitive efficiency of the projects 
     funded;
       (2) best serves the goal of reducing the amount of waste 
     requiring disposal under this Act; and
       (3) ensures adequate protection against the proliferation 
     of nuclear materials that could be used in the manufacture of 
     nuclear weapons.
       (e) Regulatory Authority.--Not later than 1 year after the 
     date of enactment of this Act, the Nuclear Regulatory 
     Commission, in collaboration with the Secretary of Energy, 
     shall promulgate regulations for the licensing of facilities 
     for recovery and use of spent nuclear fuel that provide 
     reasonable assurance that licenses issued for that purpose 
     will not be counter to the defense, security, and national 
     interests of the United States.

     SEC. 924. FINANCIAL INCENTIVES PROGRAM.

       (a) In General.--For each fiscal year beginning on or after 
     October 1, 2010, the Climate Change Technology Board 
     established under section 431 shall competitively award 
     financial incentives under this part in the following 
     technology categories:
       (1) The production of electricity from new nuclear power 
     generation.
       (2) Facility establishment or conversion by manufacturers 
     and suppliers of nuclear power generation technology and 
     qualifying components.
       (b) Requirements.--
       (1) In general.--The Climate Change Technology Board shall 
     make awards under this section to--
       (A) domestic producers of new nuclear power generation;
       (B) manufacturers and suppliers of nuclear power generation 
     technology and qualifying components; and
       (2) Basis for awards.--The Climate Change Technology Board 
     shall make awards under this section--
       (A) in the case of producers of new nuclear power 
     generation, based on the bid of each producer in terms of 
     dollars per megawatt-hour of electricity generated;
       (B) in the case of manufacturers and suppliers of nuclear 
     power generation technology and qualifying components, based 
     on the criteria described in section 926; and
       (C) in the case of owners or operators of existing nuclear 
     power generating facilities, based upon criteria described in 
     section 926.
       (3) Acceptance of bids.--In making awards under this 
     subsection, the Climate Change Technology Board shall--
       (A) solicit bids for reverse auction from appropriate 
     producers, manufacturers, and suppliers, as determined by the 
     Climate Change Technology Board; and
       (B) award financial incentives to the producers, 
     manufacturers, and suppliers that submit the lowest bids that 
     meet the requirements established by the Climate Change 
     Technology Board.

     SEC. 925. FORMS OF AWARDS.

       (a) Nuclear Power Generators.--
       (1) In general.--An award for nuclear power generation 
     under this part shall be in the form of a contract to provide 
     a production payment for commercial service of the generation 
     unit in an amount equal to the product obtained by 
     multiplying--
       (A) the amount bid by the producer of the nuclear power 
     generation; and
       (B) except as provided in paragraph (2), the net megawatt-
     hours generated by the nuclear power generation unit each 
     year during the first 10 years following the end of the 
     calendar year of the award.
       (2) First year.--For purposes of paragraph (1)(B), the 
     first year of commercial service of the generating unit shall 
     be within 5 years of the end of the calendar year of the 
     award.
       (b) Manufacturing of Nuclear Power Generation Technology.--
       (1) In general.--An award for facility establishment or 
     conversion costs for nuclear power generation technology 
     under this part shall be in an amount equal to not more than 
     30 percent of the cost of--
       (A) establishing, reequipping, or expanding a manufacturing 
     facility to produce--
       (i) qualifying nuclear power generation technology; or
       (ii) qualifying components;
       (B) engineering integration costs of nuclear power 
     generation technology and qualifying components; and
       (C) property, machine tools, and other equipment acquired 
     or constructed primarily to enable the recipient to test 
     equipment necessary for the construction or operation of a 
     nuclear power generation facility.
       (2) Amount.--The Climate Change Technology Board shall use 
     the amounts made available to carry out this section to make 
     awards to entities for the manufacturing of nuclear power 
     generation technology.

     SEC. 926. SELECTION CRITERIA.

       In making awards under this part to producers, 
     manufacturers, and suppliers of nuclear power generation 
     technology and qualifying components, the Climate Change 
     Technology Board shall select producers, manufacturers, and 
     suppliers that--
       (1) document the greatest use of domestically-sourced parts 
     and components;
       (2) return to productive service existing idle 
     manufacturing capacity;
       (3) are located in States with the greatest availability of 
     unemployed manufacturing workers;
       (4) demonstrate a high probability of commercial success; 
     and
       (5) meet other appropriate criteria, as determined by the 
     Climate Change Technology Board.

                   PART II--ACCELERATED DEPRECIATION

     SEC. 931. 5-YEAR ACCELERATED DEPRECIATION PERIOD FOR NEW 
                   NUCLEAR POWER PLANTS.

       (a) In General.--Subparagraph (B) of section 168(e)(3) of 
     the Internal Revenue Code of 1986 is amended by striking 
     ``and'' at the end of clause (v), by striking the period at 
     the end of clause (vi)(III) and inserting ``, and'', and by 
     inserting after clause (vi) the following new clause:
       ``(vii) any advanced nuclear power facility (as defined in 
     section 45J(d)(1), determined without regard to subparagraph 
     (B) thereof) the original use of which commences with the 
     taxpayer after December 31, 2008.''.
       (b) Conforming Amendment.--Section 168(e)(3)(E)(vii) of the 
     Internal Revenue Code of 1986 is amended by inserting ``and 
     not described in subparagraph (B)(vii) of this paragraph'' 
     after ``section 1245(a)(3)''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2008.
                                 ______
                                 
  SA 4922. Mr. MARTINEZ submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:

                       TITLE XVIII--NUCLEAR POWER

     SEC. 1801. AUTHORIZATION FOR NUCLEAR POWER 2010 PROGRAM.

       Section 952(c) of the Energy Policy Act of 2005 (42 U.S.C. 
     16014) is amended by striking paragraphs (1) and (2) and 
     inserting the following:
       ``(1) In general.--The Secretary shall carry out a Nuclear 
     Power 2010 Program to position the nation to start 
     construction of new nuclear power plants by 2010 or as close 
     to 2010 as achievable.
       ``(2) Scope of program.--The Nuclear Power 2010 Program 
     shall be cost-shared with the private sector and shall 
     support the following objectives:
       ``(A) Demonstrating the licensing process for new nuclear 
     power plants, including the Nuclear Regulatory Commission 
     process for obtaining early site permits (ESPs), combined 
     construction/operating licenses (COLs), and design 
     certifications.
       ``(B) Conducting first-of-a-kind design and engineering 
     work on at least two advanced nuclear reactor designs 
     sufficient to bring those designs to a state of design 
     completion sufficient to allow development of firm cost 
     estimates.

[[Page 11683]]

       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary to carry out 
     the Nuclear Power 2010 Program--
       ``(A) $159,600,000 for fiscal year 2009
       ``(B) $135,600,000 for fiscal year 2010
       ``(C) $46,900,000 for fiscal year 2011
       ``(D) $2,200,000 for fiscal year 2012.''.

     SEC. 1802. DOMESTIC MANUFACTURING BASE FOR NUCLEAR COMPONENTS 
                   AND EQUIPMENT.

       (a) Establishment of Interagency Working Group.--
       (1) Purposes.--The purposes of this section are--
       (A) to increase the competitiveness of the United States 
     nuclear energy products and services industries;
       (B) to identify the stimulus or incentives necessary to 
     cause U.S. manufacturers of nuclear energy products to expand 
     manufacturing capacity;
       (C) to facilitate the export of United States nuclear 
     energy products and services;
       (D) to reduce the trade deficit of the United States 
     through the export of United States nuclear energy products 
     and services;
       (E) to retain and create nuclear energy manufacturing and 
     related service jobs in the United States;
       (F) to integrate the objectives in paragraphs (1) through 
     (4) in a manner consistent with the interests of the United 
     States, into the foreign policy of the United States;
       (G) to authorize funds for increasing United States 
     capacity to manufacture nuclear energy products and supply 
     nuclear energy services.
       (2) Establishment.--
       (A) There shall be established an interagency working group 
     that, in consultation with representative industry 
     organizations and manufacturers of nuclear energy products, 
     shall make recommendations to coordinate the actions and 
     programs of the Federal Government in order to promote 
     increasing domestic manufacturing capacity and export of 
     domestic nuclear energy products and services.
       (B) The Interagency Working Group shall be composed of --
       (i) The Secretary of Energy, or the Secretary's designee, 
     shall chair the interagency working group. The Secretary of 
     Energy shall provide staff for carrying out the functions of 
     the interagency working group established under this section.
       (ii) Representatives of --

       (I) the Department of Energy;
       (II) the Department of Commerce;
       (III) the Department of Defense;
       (IV) the Department of Treasury;
       (V) the Department of State;
       (VI) the Environmental Protection Agency;
       (VII) the United States Agency for International 
     Development;
       (VIII) the Export-Import Bank of the United States;
       (IX) the Trade and Development Agency;
       (X) the Small Business Administration;
       (XI) the Office of the U.S. Trade Representative; and
       (XII) other Federal agencies, as determined by the 
     President.

       (iii) The heads of appropriate agencies shall detail such 
     personnel and furnish such services to the interagency group, 
     with or without reimbursement, as may be necessary to carry 
     out the group's functions.
       (3) Duties of the interagency working group.--
       (A) Within 6 months of enactment, the interagency working 
     group established under section (1)(A) shall identify the 
     actions necessary to promote the safe development and 
     application in foreign countries of nuclear energy products 
     and services in order to--
       (i) increase electricity generation from nuclear energy 
     sources through development of new generation facilities;
       (ii) improve the efficiency, safety and/or reliability of 
     existing nuclear generating facilities through modifications; 
     and
       (iii) enhance the safe treatment, handling, storage and 
     disposal of used nuclear fuel.
       (B) Within 6 months of enactment, the interagency working 
     group shall identify mechanisms (including, but not limited 
     to, tax stimulus for investment, loans and loan guarantees, 
     and grants) necessary for U.S. companies to increase their 
     capacity to produce or provide nuclear energy products and 
     services, and to increase their exports of nuclear energy 
     products and services. The interagency working group shall 
     identify administrative or legislative initiatives necessary 
     to--
       (i) encourage United States companies to increase their 
     manufacturing capacity for nuclear energy products;
       (ii) provide technical and financial assistance and support 
     to small and mid-sized businesses to establish quality 
     assurance programs in accordance with domestic and 
     international nuclear quality assurance code requirements;
       (iii) encourage, through financial incentives, private 
     sector capital investment to expand manufacturing capacity; 
     and
       (iv) provide technical assistance and financial incentives 
     to small and mid-sized businesses to develop the workforce 
     necessary to increase manufacturing capacity and meet 
     domestic and international nuclear quality assurance code 
     requirements.
       (C) Within 9 months of enactment, the interagency working 
     group shall provide a report to Congress on its findings 
     under section (2)(A) and (B), including recommendations for 
     new legislative authority where necessary.
       (4) Trade assistance.--The interagency working group shall 
     encourage the member agencies of the interagency working 
     group to--
       (A) provide technical training and education for 
     international development personnel and local users in their 
     own country;
       (B) provide financial and technical assistance to nonprofit 
     institutions that support the marketing and export efforts of 
     domestic companies that provide nuclear energy products and 
     services;
       (C) develop nuclear energy projects in foreign countries;
       (D) provide technical assistance and training materials to 
     loan officers of the World Bank, international lending 
     institutions, commercial and energy attaches at embassies of 
     the United States and other appropriate personnel in order to 
     provide information about nuclear energy products and 
     services to foreign governments or other potential project 
     sponsors;
       (E) support, through financial incentives, private sector 
     efforts to commercialize and export nuclear energy products 
     and services in accordance with the subsidy codes of the 
     World Trade Organization; and
       (F) augment budgets for trade and development programs in 
     order to support pre-feasibility or feasibility studies for 
     projects that utilize nuclear energy products and services.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated to the Secretary for purposes of carrying 
     out this title $20,000,000 for fiscal years 2008 and 2009.
       (b) Credit for Qualifying Nuclear Power Manufacturing.--
     Subpart E of part IV of subchapter A of chapter 1 of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     section 48B the following new section:

     ``SEC. 48C. QUALIFYING NUCLEAR POWER MANUFACTURING CREDIT.

       ``(a) In General.--For purposes of section 46, the 
     qualifying nuclear power manufacturing credit for any taxable 
     year is an amount equal to 20 percent of the qualified 
     investment for such taxable year.
       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year -
       ``(A) which is either part of a qualifying nuclear power 
     manufacturing project or is qualifying nuclear power 
     manufacturing equipment;
       ``(B)(i) the construction, reconstruction, or erection of 
     which is completed by the taxpayer; or
       ``(ii) which is acquired by the taxpayer if the original 
     use of such property commences with the taxpayer;
       ``(C) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable; and
       ``(D) which is placed in service on or before December 31, 
     2015.
       ``(2) Special rule for certain subsidized property.--Rules 
     similar to section 48(a)(4) shall apply for purposes of this 
     section.
       ``(3) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualifying nuclear power manufacturing project.--The 
     term `qualifying nuclear power manufacturing project' means 
     any project which is designed primarily to enable the 
     taxpayer to produce or test equipment necessary for the 
     construction or operation of a nuclear power plant.
       ``(2) Qualifying nuclear power manufacturing equipment.--
     The term `qualifying nuclear power manufacturing equipment' 
     means machine tools and other similar equipment, including 
     computers and other peripheral equipment, acquired or 
     constructed primarily to enable the taxpayer to produce or 
     test equipment necessary for the construction or operation of 
     a nuclear power plant.
       ``(3) Project.--The term `project' includes any building 
     constructed to house qualifying nuclear power manufacturing 
     equipment.''.
       (c) Conforming Amendments.--
       (1) Additional investment credit.--Section 46 of the 
     Internal Revenue Code of 1986 is amended by--
       (A) striking ``and'' at the end of paragraph (3);
       (B) striking the period at the end of paragraph (4) and 
     inserting ``, and''; and
       (C) inserting after paragraph (4) the following new 
     paragraph:
       ``(5) the qualifying nuclear power manufacturing credit.''.
       (2) Application of section 49.--Subparagraph (C) of section 
     49(a)(1) of such Code is amended by--
       (A) striking ``and'' at the end of clause (iii);
       (B) striking the period at the end of clause (iv) and 
     inserting ``, and''; and

[[Page 11684]]

       (C) inserting after clause (iv) the following new clause:
       ``(v) the basis of any property which is part of a 
     qualifying nuclear power equipment manufacturing project 
     under section 48C.''.
       (3) Table of sections.--The table of sections for subpart E 
     of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by inserting after the item 
     relating to section 48B the following new item:

``Sec. 48C. Qualifying nuclear power manufacturing credit.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect before the 
     date of the enactment of the Revenue Reconciliation Act of 
     1990).

     SEC. 1803. NUCLEAR ENERGY WORKFORCE.

       Section 1101 of the Energy Policy Act of 2005 (42 U.S.C. 
     16411) is amended (1) by redesignating subsection (d) as 
     subsection (e); and by inserting after subsection (c) the 
     following:
       ``(d) Workforce Training.--
       ``(1) In general.--The Secretary of Labor, in cooperation 
     with the Secretary of Energy, shall promulgate regulations to 
     implement a program to provide workforce training to meet the 
     high demand for workers skilled in the nuclear utility and 
     nuclear energy products and services industries.
       ``(2) Consultation.--In carrying out this subsection, the 
     Secretary of Labor shall consult with representatives of the 
     nuclear utility and nuclear energy products and services 
     industries, and organized labor, concerning skills that are 
     needed in those industries.
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary of Labor, 
     working in coordination with the Secretaries of Education and 
     Energy $20,000,000 for each of fiscal years 2008 through 2012 
     for use in implementing a program to provide workforce 
     training to meet the high demand for workers skilled in the 
     nuclear utility and nuclear energy products and services 
     industries.''.

     SEC. 1804. CONSTRUCTION PERMITS AND OPERATING LICENSES.

       Section 185 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2235) is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Issuance of Licenses.--
       ``(1) In general.--After a public hearing under section 
     189a.(1)(A), the Commission shall issue to the applicant a 
     combined construction and operating license, if--
       ``(A) the application contains sufficient information to 
     support the issuance of a combined license; and
       ``(B) the Commission determines that there is reasonable 
     assurance that the facility--
       ``(i) will be constructed; and
       ``(ii) will operate in conformity with the license, the 
     requirements of this Act, and the rules and regulations of 
     the Commission.
       ``(2) Inclusions.--The Commission shall identify in the 
     combined license--
       ``(A) each inspection, test, and analysis (including as 
     applicable to emergency planning) that the licensee shall be 
     required to perform; and
       ``(B) the acceptance criteria that, if met, are necessary 
     and sufficient to provide reasonable assurance that the 
     facility--
       ``(i) has been constructed; and
       ``(ii) will be operated in conformity with the license, he 
     requirements of this Act, and the rules and regulations of 
     the Commission.
       ``(3) Action by commission.--
       ``(A) In general.--After issuing a combined license under 
     this subsection, the Commission shall--
       ``(i) ensure that each required inspection, test, and 
     analysis is performed; and
       ``(ii) prior to operation of the applicable facility, issue 
     a determination that those requirements have been met.
       ``(B) No hearing required.--Except as otherwise provided in 
     section 189a.(1)(B), a determination of the Commission under 
     this paragraph shall not require a hearing.
       ``(4) New licensing goals.--For each 6 successful issuances 
     by the Commission of licenses under this subsection, not 
     later than 180 days after the date on which the final such 
     license is issued, the Commission shall publish a report, 
     including recommendations, that describes--
       ``(A) potential impediments or improvements that could 
     enhance the regulatory review process of constructing new 
     civilian nuclear power plants;
       ``(B) workforce and technology needs of the Commission; and
       ``(C) requirements that would be required for the 
     Commission to safely license not more than 6 new nuclear 
     plants per year through 2050.''.

     SEC. 1805. HEARINGS AND JUDICIAL REVIEW.

       Section 189 of the Atomic Energy Act of 1954 (42 U.S.C. 
     2239) is amended by striking ``a.(1)(A)'' and all that 
     follows through the end of subparagraph (A) and inserting the 
     following:
       ``(a) Hearings; Review.--
       ``(1) Hearings.--
       ``(A) Parties.--
       ``(i) In general.--In any proceeding under this Act for the 
     granting, suspending, revoking, or amending of any license or 
     construction permit or application to transfer control, in 
     any proceeding for the issuance or modification of rules and 
     regulations regarding the activities of licensees, and in any 
     proceeding for the payment of compensation, an award, or 
     royalties under section 153, 157, 186c., or 188, the 
     Commission shall--

       ``(I) grant a hearing on request of any person the 
     interests of which may be affected by the proceeding; and
       ``(II) admit any such person as a party to the proceeding.

       ``(ii) No request.--

       ``(I) In general.--In the absence of a request by a person 
     described in clause (i), the Commission may issue a 
     construction permit, an operating license, or an amendment to 
     a construction permit or an amendment to an operating license 
     without a hearing by publishing in the Federal Register a 
     notice of the intended issuance not later than 30 days before 
     the date of issuance.
       ``(II) Exception.--The notice requirement under subclause 
     (I) shall not apply with respect to any application for an 
     amendment to a construction permit or an amendment to an 
     operating license on a determination by the Commission that 
     the amendment involves no significant hazard 
     consideration.''.

     SEC. 1806. SENSE OF SENATE.

       It is the sense of the Senate that the Nuclear Regulatory 
     Commission should be given all necessary funding and 
     assistance required by the Commission to meet the increasing 
     demand of license applications before the Commission.

     SEC. 1807. INVESTMENT TAX CREDIT FOR INVESTMENTS IN NUCLEAR 
                   POWER FACILITIES.

       (a) New Credit for Nuclear Power Facilities.--Section 46 of 
     the Internal Revenue Code of 1986, as amended by this title, 
     is amended by:
       (1) striking ``and'' at the end of paragraph (5);
       (2) striking the period at the end of paragraph (5) and 
     inserting ``, and''; and
       (3) inserting after paragraph (5) the following new 
     paragraph:
       ``(6) the nuclear power facility construction credit.''.
       (b) Nuclear Power Facility Construction Credit.--Subpart E 
     of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986, as amended by this title, is amended by 
     inserting after section 48C the following new section:

     ``SEC. 48D. NUCLEAR POWER FACILITY CONSTRUCTION CREDIT.

       ``(a) In General.--For purposes of section 46, the nuclear 
     power facility construction credit for any taxable year is 10 
     percent of the qualified nuclear power facility expenditures 
     with respect to a qualified nuclear power facility.
       ``(b) When Expenditures Taken Into Account.--
       ``(1) In general.--Qualified nuclear power facility 
     expenditures shall be taken into account for the taxable year 
     in which the qualified nuclear power facility is placed in 
     service.
       ``(2) Coordination with subsection (c).--The amount which 
     would (but for this paragraph) be taken into account under 
     paragraph (1) with respect to any qualified nuclear power 
     facility shall be reduced (but not below zero) by any amount 
     of qualified nuclear power facility expenditures taken into 
     account under subsection (c) by the taxpayer or a predecessor 
     of the taxpayer (or, in the case of a sale and leaseback 
     described in section 50(a)(2)(C), by the lessee), to the 
     extent any amount so taken into account has not been required 
     to be recaptured under section 50(a).
       ``(c) Progress Expenditures.--
       ``(1) In general.--A taxpayer may elect to take into 
     account qualified nuclear power facility expenditures--
       ``(A) Self-constructed property.--In the case of a 
     qualified nuclear power facility which is a self-constructed 
     facility, in the taxable year for which such expenditures are 
     properly chargeable to capital account with respect to such 
     facility; and
       ``(B) Acquired facility.--In the case of a qualified 
     nuclear facility which is not self-constructed property, in 
     the taxable year in which such expenditures are paid.
       ``(2) Special rules for applying paragraph (1).--For 
     purposes of paragraph (1)--
       ``(A) Component parts, etc.--Property which is not self-
     constructed property and which is to be a component part of, 
     or is otherwise to be included in, any facility to which this 
     subsection applies shall be taken into account in accordance 
     with paragraph (1)(B);
       ``(B) Certain borrowing disregarded.--Any amount borrowed 
     directly or indirectly by the taxpayer on a nonrecourse basis 
     from the person constructing the facility for the taxpayer 
     shall not be treated as an amount expended for such facility; 
     and
       ``(C) Limitation for facilities or components which are not 
     self-constructed.--
       ``(i) In general.--In the case of a facility or a component 
     of a facility which is not self-constructed, the amount taken 
     into account under paragraph (1)(B) for any taxable year 
     shall not exceed the amount which represents the portion of 
     the overall cost to the taxpayer of the facility or component 
     of a facility which is properly attributable to the portion 
     of the facility or component which is completed during such 
     taxable year.

[[Page 11685]]

       ``(ii) Carry-over of certain amounts.--In the case of a 
     facility or component of a facility which is not self 
     constructed, if for the taxable year--

       ``(I) the amount which (but for clause (i)) would have been 
     taken into account under paragraph (1)(B) exceeds the 
     limitation of clause (i), then the amount of such excess 
     shall be taken into account under paragraph (1)(B) for the 
     succeeding taxable year; or
       ``(II) the limitation of clause (i) exceeds the amount 
     taken into account under paragraph (1)(B), then the amount of 
     such excess shall increase the limitation of clause (i) for 
     the succeeding taxable year.

       ``(D) Determination of percentage of completion.--The 
     determination under subparagraph (C)(i) of the portion of the 
     overall cost to the taxpayer of the construction which is 
     properly attributable to construction completed during any 
     taxable year shall be made on the basis of engineering or 
     architectural estimates or on the basis of cost accounting 
     records. Unless the taxpayer establishes otherwise by clear 
     and convincing evidence, the construction shall be deemed to 
     be completed not more rapidly than ratably over the normal 
     construction period.
       ``(E) No progress expenditures for certain prior periods.--
     No qualified nuclear facility expenditures shall be taken 
     into account under this subsection for any period before the 
     first day of the first taxable year to which an election 
     under this subsection applies.
       ``(F) No progress expenditures for property for year it is 
     placed in service, etc.--In the case of any qualified nuclear 
     facility, no qualified nuclear facility expenditures shall be 
     taken into account under this subsection for the earlier of--
       ``(i) the taxable year in which the facility is placed in 
     service, or
       ``(ii) the first taxable year for which recapture is 
     required under section 50(a)(2) with respect to such 
     facility, or for any taxable year thereafter.
       ``(3) Self-constructed.--For purposes of this subsection--
       ``(A) The term `self-constructed facility' means any 
     facility if it is reasonable to believe that more than half 
     of the qualified nuclear facility expenditures for such 
     facility will be made directly by the taxpayer.
       ``(B) A component of a facility shall be treated as not 
     self-constructed if the cost of the component is at least 5 
     percent of the expected cost of the facility and the 
     component is acquired by the taxpayer.
       ``(4) Election.--An election shall be made under this 
     section for a qualified nuclear power facility by claiming 
     the nuclear power facility construction credit for 
     expenditures described in paragraph (1) on a tax return filed 
     by the due date for such return (taking into account 
     extensions). Such an election shall apply to the taxable year 
     for which made and all subsequent taxable years. Such an 
     election, once made, may be revoked only with the consent of 
     the Secretary.
       ``(d) Definitions and Special Rules.--For purposes of this 
     section--
       ``(1) Qualified nuclear power facility.--The term 
     `qualified nuclear power facility' means an advanced nuclear 
     power facility, as defined in section 45J, the construction 
     of which was approved by the Nuclear Regulatory Commission on 
     or before December 31, 2013.
       ``(2) Qualified nuclear power facility expenditures.--
       ``(A) In general.--The term `qualified nuclear power 
     facility expenditures' means any amount properly chargeable 
     to capital account--
       ``(i) with respect to a qualified nuclear power facility;
       ``(ii) for which depreciation is allowable under section 
     168; and
       ``(iii) which are incurred before the qualified nuclear 
     power facility is placed in service or in connection with the 
     placement of such facility in service.
       ``(B) Pre-effective date expenditures.--Qualified nuclear 
     power facility expenditures do not include any expenditures 
     incurred by the taxpayer before January 1, 2007, unless such 
     expenditures constitute less than 20 percent of the total 
     qualified nuclear power facility expenditures (determined 
     without regard to this subparagraph) for the qualified 
     nuclear power facility.
       ``(3) Delays and suspension of construction.--
       ``(A) In general.--For purposes of applying this section 
     and section 50, a nuclear power facility that is under 
     construction shall cease to be treated as a facility that 
     will be a qualified nuclear power facility as of the earlier 
     of--
       ``(i) the date on which the taxpayer decides to terminate 
     construction of the facility, or
       ``(ii) the last day of any 24 month period in which the 
     taxpayer has failed to incur qualified nuclear power facility 
     expenditures totaling at least 20 percent of the expected 
     total cost of the nuclear power facility.
       ``(B) Authority to waive.--The Secretary may waive the 
     application of clause (ii) of subparagraph (A) if the 
     Secretary determines that the taxpayer intended to continue 
     the construction of the qualified nuclear power facility and 
     the expenditures were not incurred for reasons outside the 
     control of the taxpayer.
       ``(C) Resumption of construction.--If a nuclear power 
     facility that is under construction ceases to be a qualified 
     nuclear power facility by reason of paragraph (2) and work is 
     subsequently resumed on the construction of such facility--
       ``(i) the date work is subsequently resumed shall be 
     treated as the date that construction began for purposes of 
     paragraph (1); and
       ``(ii) if the facility is a qualified nuclear power 
     facility, the qualified nuclear power facility expenditures 
     shall be determined without regard to any delay or temporary 
     termination of construction of the facility.''.
       (c) Provisions Relating to Credit Recapture.--
       (1) Progress expenditure recapture rules.--
       (A) Basic rules.--Subparagraph (A) of section 50(a)(2) of 
     the Internal Revenue Code of 1986 is amended to read as 
     follows:
       ``(A) In general.--If during any taxable year any building 
     to which section 47(d) applied or any facility to which 
     section 48C(c) applied ceases (by reason of sale or other 
     disposition, cancellation or abandonment of contract, or 
     otherwise) to be, with respect to the taxpayer, property 
     which, when placed in service, will be a qualified 
     rehabilitated building or a qualified nuclear power facility, 
     then the tax under this chapter for such taxable year shall 
     be increased by an amount equal to the aggregate decrease in 
     the credits allowed under section 38 for all prior taxable 
     years which would have resulted solely from reducing to zero 
     the credit determined under this subpart with respect to such 
     building or facility.''.
       (B) Amendment to excess credit recapture rule.--
     Subparagraph (B) of section 50(a)(2) of such Code is amended 
     by--
       (i) inserting ``or paragraph (2) of section 48D(b)'' after 
     ``paragraph (2) of section 47(b)'';
       (ii) inserting ``or section 48D(b)(1)'' after ``section 
     47(b)(1)''; and
       (iii) inserting ``or facility'' after ``building''.
       (C) Amendment of sale and leaseback rule.--Subparagraph (C) 
     of section 50(a)(2) of such Code is amended by--
       (i) inserting ``or section 48D(c)'' after ``section 
     47(d)''; and
       (ii) inserting ``or qualified nuclear power facility 
     expenditures'' after ``qualified rehabilitation 
     expenditures''.
       (D) Other amendment.--Subparagraph (D) of section 50(a)(2) 
     of such Code is amended by inserting ``or section 48D(c)'' 
     after ``section 47(d)''.
       (d) No Basis Adjustment.--Section 50(c) of the Internal 
     Revenue Code of 1986 is amended by inserting at the end 
     thereof the following new paragraph:
       ``(6) Nuclear power facility construction credit.--
     Paragraphs (1) and (2) shall not apply to the nuclear power 
     facility construction credit.''.
       (e) Clerical Amendment.--The table of sections for subpart 
     E of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986, as amended by this title, is amended by 
     inserting after the item relating to section 48C the 
     following new item:

``Sec. 48D. Nuclear power facility construction credit.''.

       (f) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect before the 
     date of the enactment of the Revenue Reconciliation Act of 
     1990).

     SEC. 1808. CONTRACTING AND NUCLEAR WASTE FUND.

       Section 302 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222) is amended--
       (1) in subsection (a)(1), by adding at the end the 
     following: ``For any civilian nuclear power reactor a license 
     application for which is filed with the Commission, pursuant 
     to its authority under section 103 or 104 of the Atomic 
     Energy Act of 1954, after the date of enactment of this Act, 
     contracts entered into under this section shall--
       ``(A) except as provided in subsections 302(a)(1)(B), (C), 
     (D), and (E), below, be generally consistent with the terms 
     and conditions of the `Standard Contract for Disposal of 
     Spent Nuclear Fuel and/or High-Level Radioactive Waste,' as 
     codified at part 961 of title 10, Code of Federal Regulation, 
     and in effect on January 1, 2007;
       ``(B) provide for the taking of title to, and for the 
     Secretary to dispose of, the high-level waste or spent 
     nuclear fuel involved beginning no later than 15 years 
     following the start of commercial operation;
       ``(C) contain no provisions providing for adjustment of the 
     1.0 mil per kilowatt-hour fee established by paragraph (2);
       ``(D) be entered into no later than 60 days following the 
     docketing of the license application by the Commission, or 
     the date of enactment of this Act, whichever is later;
       ``(E) provide that, on a schedule consistent with the 
     Secretary's acceptance of spent nuclear fuel from each 
     civilian nuclear power reactor or site, and completed not 
     later than the Secretary's completing the acceptance of all 
     spent nuclear fuel from that commercial nuclear power reactor 
     or site, the Secretary shall accept from each such reactor or 
     site, all low-level radioactive waste defined in section 
     3(b)(1)(D) of the Low-level Radioactive Waste Policy Act (42 
     U.S.C. 2021c(b)(1)(D)), as amended.''; and
       (2) in subsection (a)(4), by striking all after ``herein.'' 
     in the second sentence; and
       (3) in subsection (a)(6), by adding at the end the 
     following: ``Further, the Secretary

[[Page 11686]]

     shall offer to settle any actions pending on the date of 
     enactment of this Act for damages resulting from failure to 
     commence accepting spent nuclear fuel or high-level 
     radioactive waste on or before January 31, 1998. Each offer 
     to settle shall provide for the payment of $150 to the other 
     party to a contract for disposal of spent nuclear fuel and 
     high-level radioactive waste for each kilogram of spent 
     nuclear fuel which such party was or shall be entitled to 
     deliver to the Department in a particular year, based on the 
     following aggregate acceptance rates: 400 MTU for 1998; 600 
     MTU for 1999; 1,200 MTU for 2000; 2,000 MTU for 2001; and 
     3,000 MTU for 2002 and thereafter; provided that the 
     Secretary shall adjust the payment amount per kilogram of 
     spent nuclear fuel under this subsection(a)(6) annually 
     according to the most recent Producer Price Index published 
     by the Department of Labor. Such aggregate acceptance rates 
     shall be allocated among parties to contracts with the United 
     States based upon the age of spent nuclear fuel, as measured 
     by the date of the discharge of such spent nuclear fuel from 
     the civilian nuclear power reactor. Such offer to settle also 
     shall include an annual payment of $150 per kilogram uranium 
     to any such party where a civilian nuclear power reactor has 
     been decommissioned, except for those portions of the 
     facility that cannot be decommissioned until removal of spent 
     nuclear fuel and high-level radioactive waste. The Secretary 
     also shall offer like compensation to parties to contracts 
     entered into pursuant to section 302 of the Nuclear Waste 
     Policy Act of 1982 (42 U.S.C. 10222) who brought actions for 
     damages prior to the date of enactment of this Act, but which 
     were no longer pending as of said date, provided that such 
     compensation shall be reduced by the amount of any settlement 
     or judgment received by such party.''; and
       (4) in subsection (d), by adding at the end the following: 
     ``No amount may be expended by the Secretary from the Waste 
     Fund to carry out research and development activities on 
     advanced nuclear fuel cycle technologies.''.

     SEC. 1809. CONFIDENCE IN AVAILABILITY OF WASTE DISPOSAL.

       (a) Congressional Determination.--Congress finds that--
       (1) there is reasonable assurance that high-level 
     radioactive waste and spent nuclear fuel generated in 
     reactors licensed by the Nuclear Regulatory Commission in the 
     past, currently, or in the future will be managed in a safe 
     manner without significant environmental impact until 
     capacity for ultimate disposal is available; and
       (2) the Federal Government is responsible and has an 
     established a policy for the ultimate safe and 
     environmentally sound disposal of such high-level radioactive 
     waste and spent nuclear fuel.
       (b) Regulatory Consideration.--Notwithstanding any other 
     provision of law, for the period following the licensed 
     operation of a civilian nuclear power reactor or any facility 
     for the treatment or storage of spent nuclear fuel or high-
     level radioactive waste, no consideration of the public 
     health and safety, common defense and security, or 
     environmental impacts of the storage of high-level 
     radioactive waste and spent nuclear fuel generated in 
     reactors licensed by the Nuclear Regulatory Commission in the 
     past, currently, or in the future, is required by the 
     Department of Energy or the Nuclear Regulatory Commission in 
     connection with the development, construction, and operation 
     of, or any permit, license, license amendment, or siting 
     approval for, a civilian nuclear power reactor or any 
     facility for the treatment or storage of spent nuclear fuel 
     or high-level radioactive waste. Nothing in this section 
     shall affect the Department of Energy's and Nuclear 
     Regulatory Commission's obligation to consider the public 
     health and safety, common defense and security, and 
     environmental impacts of storage during the period of 
     licensed operation of a civilian nuclear power reactor or 
     facility for the treatment or storage of spent nuclear fuel 
     or high-level radioactive waste.

     SEC. 1810. TEMPORARY SPENT NUCLEAR FUEL STORAGE AGREEMENTS.

       (a) Authorization and Location.--The Secretary of Energy 
     (Secretary) is authorized to initiate spent nuclear fuel 
     storage agreements as provided herein.
       (1) No later than 180 days from the date of enactment of 
     this Act, representatives of a community may submit written 
     notice to the Secretary that the community is willing to host 
     a temporary spent nuclear fuel storage facility within its 
     jurisdiction.
       (2) Within 90 days of the receipt of the notification under 
     subsection (a)(1), the Secretary shall determine whether the 
     identified site is suitable for a temporary storage facility. 
     In determining the site's suitability, the Secretary will 
     evaluate technical feasibility and consider favorably local 
     support for collocating a temporary spent nuclear fuel 
     storage facility with facilities intended to develop and 
     implement advanced nuclear fuel cycle technologies.
       (b) Content of Agreements.--If the Secretary determines one 
     or more sites to be suitable in accordance with subsection 
     (a)(2), negotiation of a temporary spent nuclear fuel storage 
     facility agreement shall proceed.
       (1) Any temporary spent nuclear fuel storage agreement 
     shall contain such terms and conditions, including financial, 
     institutional and such other arrangements as the Secretary 
     and community determine to be reasonable and appropriate.
       (2) Any temporary spent nuclear fuel storage agreement may 
     be amended only with the mutual consent of the parties to the 
     agreement.

     SEC. 1811. IMPLEMENTATION OF TEMPORARY SPENT NUCLEAR FUEL 
                   STORAGE AGREEMENTS.

       (a) In General.--Any temporary spent nuclear fuel storage 
     agreement or agreements entered into under this title shall 
     enter into force with respect to the United States if (and 
     only if)_
       (1) the Secretary, at least 60 days before the day on which 
     he or she enters into the temporary spent nuclear fuel 
     storage agreement or agreements notifies the House of 
     Representatives and the Senate of his intention to enter into 
     the agreement or agreements, and promptly thereafter 
     publishes notice of such intention in the Federal Register; 
     and
       (2) the Governor of the state or states in which the 
     facility is proposed to be located submits written notice to 
     the Secretary that the Governor supports the temporary spent 
     nuclear fuel storage agreement.

                TITLE XIX--CLEAN ENERGY INVESTMENT BANK

     SEC. 1901. SHORT TITLE.

       This title may be cited as the ``Clean Energy Investment 
     Bank Act of 2008''.

     SEC. 1902. DEFINITIONS.

       In this title:
       (1) Bank.--The term ``Bank'' means the Clean Energy 
     Investment Bank of the United States established by section 
     1903(a).
       (2) Board.--The term ``Board'' means the Board of Directors 
     of the Bank established under section 1904(b).
       (3) Clean energy investment bank fund.--The term ``Clean 
     Energy Investment Bank Fund'' means the revolving fund 
     account established under section 1906(b).
       (4) Commercial technology.--The term ``commercial 
     technology'' means a technology in general use in the 
     commercial marketplace.
       (5) Eligible project.--The term ``eligible project'' means 
     a project in a State related to the production or use of 
     energy that uses a commercial technology that the Bank 
     determines avoids, reduces, or sequesters 1 or more air 
     pollutants or anthropogenic emissions of greenhouse gases 
     more effectively than other technology options available to 
     the project developer.
       (6) Investment.--The term ``investment'' includes any 
     contribution or commitment to an eligible project in the form 
     of--
       (A) loans or loan guarantees;
       (B) the purchase of equity shares in the project;
       (C) participation in royalties, earnings, or profits; or
       (D) furnishing commodities, services or other rights under 
     a lease or other contract.
       (7) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.

     SEC. 1903. ESTABLISHMENT OF BANK.

       (a) Establishment.--
       (1) In general.--There is established in the Executive 
     branch a bank to be known as the ``Clean Energy Investment 
     Bank of the United States,'' which shall be an agency of the 
     United States.
       (2) Government corporation.--The Bank shall be--
       (A) a Government corporation (as defined in section 103 of 
     title 5, United States Code); and
       (B) subject to chapter 91 of title 31, United States Code, 
     except as expressly provided in this title.
       (b) Authority.--
       (1) In general.--The Bank shall assist in the financing, 
     and facilitate the commercial use, of clean energy and energy 
     efficient technologies within the United States.
       (2) Assistance for eligible projects.--The Bank may make 
     investments--
       (A) in eligible projects on such terms and conditions as 
     the Bank considers appropriate in accordance with this title; 
     or
       (B) under title XVII of the Energy Policy Act of 2005 (42 
     U.S.C. 16511 et seq.), and any of the regulations promulgated 
     under that Act, as the Bank considers appropriate.
       (3) Repayment.--No loan or loan guarantee shall be made 
     under this subsection unless the Bank determines that there 
     is a reasonable prospect of repayment of the principal and 
     interest by the borrower.
       (4) Project diversity.--The Bank shall ensure that a 
     reasonable diversity of projects, technologies, and energy 
     sectors receive assistance under this subsection.
       (c) Powers.--In carrying out this title, the Bank may--
       (1) conduct a general banking business (other than currency 
     circulation), including--
       (A) borrowing and lending money;
       (B) issuing letters of credit;
       (C) accepting bills and drafts drawn upon the Bank;

[[Page 11687]]

       (D) purchasing, discounting, rediscounting, selling, and 
     negotiating, with or without endorsement or guaranty, and 
     guaranteeing, notes, drafts, checks, bills of exchange, 
     acceptances (including bankers' acceptances), cable 
     transfers, and other evidences of indebtedness;
       (E) issuing guarantees, insurance, coinsurance, and 
     reinsurance;
       (F) purchasing and selling securities; and
       (G) receiving deposits;
       (2) make investments in eligible projects on a self-
     sustaining basis, taking into account the financing 
     operations of the Bank and the economic and financial 
     soundness of projects;
       (3) use private credit, investment institutions, and the 
     guarantee authority of the Bank as the principal means of 
     mobilizing capital investment funds;
       (4) broaden private participation and revolve the funds of 
     the Bank through selling the direct investments of the Bank 
     to private investors whenever the Bank can appropriately do 
     so on satisfactory terms;
       (5) conduct the insurance operations of the Bank with due 
     regard to principles of risk management, including efforts to 
     share the insurance risks of the Bank;
       (6) foster private initiative and competition and 
     discourage monopolistic practices; and
       (7) advise and assist interested agencies of the United 
     States and other organizations, public and private and 
     national and international, with respect to projects and 
     programs relating to the development of private enterprise in 
     the market sector in accordance with this title.

     SEC. 1904. ORGANIZATION AND MANAGEMENT.

       (a) Structure of Bank.--The Bank shall have--
       (1) a Board of Directors;
       (2) a President;
       (3) an Executive Vice President; and
       (4) such other officers and staff as the Board may 
     determine.
       (b) Board of Directors.--
       (1) Establishment.--There is established a Board of 
     Directors of the Bank to exercise all powers of the Bank.
       (2) Composition.--
       (A) In general.--The Board shall be composed of 7 members, 
     of whom--
       (i) 5 members shall be independent directors appointed by 
     the President of the United States, by and with the advice 
     and consent of the Senate (referred to in this subsection as 
     ``independent directors''; and
       (ii) 2 members shall be the President of the Bank and the 
     Executive Vice President of the Bank, appointed by the 
     independent directors.
       (B) Federal employment.--An independent director shall not 
     be an officer or employee of the Federal Government at the 
     time of appointment.
       (C) Political party.--Not more than 3 of the independent 
     directors shall be members of the same political party.
       (3) Term; vacancies.--
       (A) Term.--
       (i) In general.--Subject to clause (ii), the independent 
     directors shall be appointed for a term of 5 years and may be 
     reappointed.
       (ii) Staggered terms.--The terms of not more than 2 
     independent directors shall expire in any year.
       (B) Vacancies.--A vacancy on the Board--
       (i) shall not affect the powers of the Board; and
       (ii) shall be filled in the same manner as the original 
     appointment was made.
       (4) Meetings.--
       (A) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Board have been appointed, the 
     Board shall hold the initial meeting of the Board.
       (B) Meetings.--The Board shall meet at the call of the 
     Chairman of the Board.
       (C) Quorum.--Four members of the Board shall constitute a 
     quorum, but a lesser number of members may hold hearings.
       (5) Chairman and vice chairman.--
       (A) In general.--The Board shall select a Chairman and Vice 
     Chairman from among the members of the Board.
       (B) Eligibility.--The Chairman of the Board shall not be an 
     Executive Director of the Board.
       (6) Compensation of members.--An independent director shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Board.
       (7) Travel expenses.--An independent director shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the Board.
       (c) President of the Bank.--
       (1) Appointment.--The President of the Bank shall be 
     appointed by the Board.
       (2) Duties.--The President of the Bank shall--
       (A) be the Chief Executive Officer of the Bank;
       (B) be responsible for the operations and management of the 
     Bank, subject to bylaws and policies established by the 
     Board; and
       (C) serve as an Executive Director on the Board.
       (d) Executive Vice President.--
       (1) Appointment.--The Executive Vice President of the Bank 
     shall be appointed by the Board.
       (2) Duties.--The Executive Vice President of the Bank 
     shall--
       (A) serve as the President of the Bank during the absence 
     or disability, or in the event of a vacancy in the office, of 
     the President of the Bank;
       (B) at other times, perform such functions as the President 
     of the Bank may from time to time prescribe; and
       (C) serve as an Executive Director on the Board.
       (e) Staff.--
       (1) In general.--The Board may--
       (A) appoint and terminate such officers, attorneys, 
     employees, and agents as are necessary to carry out this 
     title; and
       (B) vest the personnel with such powers and duties as the 
     Board may determine.
       (2) Civil service laws.--Persons employed by the Bank may 
     be appointed, compensated, or removed without regard to civil 
     service laws (including regulations).
       (3) Reappointment.--Under such regulations as the President 
     of the United States may promulgate, an officer or employee 
     of the Federal Government who is appointed to a position 
     under this subsection may be entitled, on removal from the 
     position, except for cause, to reinstatement to the position 
     occupied at the time of appointment or to a position of 
     comparable grade and salary.
       (4) Additional positions.--Positions authorized under this 
     subsection shall be in addition to other positions otherwise 
     authorized by law, including positions authorized by section 
     5108 of title 5, United States Code.

     SEC. 1905. FINANCING, GUARANTIES, INSURANCE, CREDIT SUPPORT, 
                   AND OTHER PROGRAMS.

       (a) Intergovernmental Agreements.--Subject to the other 
     provisions of this section, the Bank may enter into 
     arrangements with State and local governments (including 
     agencies, instrumentalities, or political subdivisions of 
     State and local governments) for sharing liabilities assumed 
     by providing financial assistance for eligible projects under 
     this title.
       (b) Insurance.--
       (1) In general.--The Bank may issue insurance, on such 
     terms and conditions as the Bank may determine, to ensure 
     protection in whole or in part against any or all of the 
     risks with respect to eligible projects that the Bank has 
     approved.
       (2) Duplication of assistance.--The Bank shall not offer 
     any insurance products under this subsection that duplicate 
     or augment any other similar Federal assistance.
       (c) Guarantees.--
       (1) In general.--The Bank may issue guarantees of loans and 
     other investments made by investors assuring against loss in 
     eligible projects on such terms and conditions as the Bank 
     may determine.
       (2) Budgetary treatment.--Any guarantee issued under this 
     subsection shall, for budgetary purposes, be considered a 
     loan guarantee (as defined in section 502 of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661a)).
       (d) Loans and Credit Assistance.--
       (1) In general.--The Bank may make loans, provide letters 
     of credit, issue other credit enhancements, or provide other 
     financing for eligible projects on such terms and conditions 
     as the Bank may determine.
       (2) Budgetary treatment.--Any financial instrument issued 
     under this subsection shall, for budgetary purposes, be 
     considered a direct loan (as defined in section 502 of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661a)).
       (e) Eligible Project Development Investment 
     Encouragement.--The Bank may provide financial assistance 
     under this section for development activities for eligible 
     projects, under such terms and conditions as the Bank may 
     determine, if the Board determines that the assistance is 
     necessary to encourage private investment or accelerate 
     project development.
       (f) Other Insurance Functions.--The Bank may--
       (1) using agreements and contracts that are consistent with 
     this title--
       (A) make and carry out contracts of insurance or agreements 
     to associate or share risks with insurance companies, 
     financial institutions, any other person or group of persons; 
     and
       (B) employ entities described in subparagraph (A), if 
     appropriate, as the agent of the Bank in--
       (i) the issuance and servicing of insurance;
       (ii) the adjustment of claims;
       (iii) the exercise of subrogation rights;
       (iv) the ceding and acceptance of reinsurance; and
       (v) any other matter incident to an insurance business; and
       (2) enter into pooling or other risk-sharing agreements 
     with other governmental insurance or financing agencies or 
     groups of those agencies.
       (g) Equity Finance Program.--
       (1) In general.--Subject to the other provisions of this 
     subsection, the Bank may establish an equity finance program 
     under

[[Page 11688]]

     which the Bank may, in accordance with this subsection, 
     purchase, invest in, or otherwise acquire equity or quasi-
     equity securities of any firm or entity, on such terms and 
     conditions as the Bank may determine, for the purpose of 
     providing capital for any project that is consistent with 
     this title.
       (2) Total amount of equity investments.--
       (A) Total amount of equity investment under equity finance 
     program.--
       (i) In general.--Except as provided in clause (ii), the 
     total amount of the equity investment of the Bank with 
     respect to any project under this subsection shall not exceed 
     30 percent of the aggregate amount of all equity investment 
     made with respect to the project at the time at which the 
     equity investment of the Bank is made.
       (ii) Defaults.--Clause (i) shall not apply to a security 
     acquired through the enforcement of any lien, pledge, or 
     contractual arrangement as a result of a default by any party 
     under any agreement relating to the terms of the investment 
     of the Bank.
       (B) Total amount of equity investment under multiple 
     programs.--
       (i) In general.--The equity investment of the Bank under 
     this subsection with respect to any project, when added to 
     any other investments made or guaranteed by the Bank under 
     subsection (c) or (d) with respect to the project, shall not 
     cause the aggregate amount of all the investments to exceed, 
     at the time any such investment is made or guaranteed by the 
     Bank, 75 percent of the total investment committed to the 
     project, as determined by the Bank.
       (ii) Conclusive determination.--The determination of the 
     Bank under this subparagraph shall be conclusive for purposes 
     of the authority of the Bank to make or guarantee any 
     investment described in clause (i).
       (3) Additional criteria.--In making investment decisions 
     under this subsection, the Bank shall consider the extent to 
     which the equity investment of the Bank will assist in 
     obtaining the financing required for the project.
       (4) Implementation.--
       (A) In general.--The Bank may create such legal vehicles as 
     are necessary for implementation of this subsection.
       (B) Non-federal borrowers.--A borrower participating in a 
     legal vehicle created under this paragraph shall be 
     considered a non-Federal borrower for purposes of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       (C) Securities.--Income and proceeds of investments made 
     under this subsection may be used to purchase equity or 
     quasi-equity securities in accordance with this section.
       (h) Relationship to Federal Credit Reform Act of 1990.--
       (1) In general.--Any liability assumed by the Bank under 
     subsections (c) and (d) shall be discharged pursuant to the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
       (2) Specific appropriation or contribution.--
       (A) In general.--No loan guaranteed under subsection (c) or 
     direct loan under subsection (d) shall be made unless--
       (i) an appropriation for the cost has been made; or
       (ii) the Bank has received from the borrower a payment in 
     full for the cost of the obligation.
       (B) Budgetary treatment.--Section 504(b) of the Federal 
     Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall not apply 
     to a loan or loan guarantee made in accordance with 
     subparagraph (A)(ii).
       (3) Apportionment.--Receipts, proceeds, and recoveries 
     realized by the Bank and the obligations and expenditures 
     made by the Bank pursuant to this subsection shall be exempt 
     from apportionment under subchapter II of chapter 15 of title 
     31, United States Code.

     SEC. 1906. ISSUING AUTHORITY; DIRECT INVESTMENT AUTHORITY AND 
                   RESERVES.

       (a) Maximum Contingent Liability.--The maximum contingent 
     liability outstanding at any time pursuant to actions taken 
     by the Bank under section 1905 shall not exceed a total 
     amount of $100,000,000,000.
       (b) Clean Energy Investment Bank Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a revolving fund, to be known as the 
     ``Clean Energy Investment Bank Fund'' (referred to in this 
     section as the ``Fund'').
       (2) Use.--The Clean Energy Investment Bank Fund shall be 
     available for discharge of liabilities under section 1905 
     (other than subsections (c) and (d) of section 1905) until 
     the earlier of--
       (A) the date on which all liabilities of the Bank have been 
     discharged or expire; or
       (B) the date on which all amounts in the Fund have been 
     expended in accordance with this section.
       (3) Apportionment.--Receipts, proceeds, and recoveries 
     realized by the Bank and the obligations and expenditures 
     made by the Bank pursuant to this subsection shall be exempt 
     from apportionment under subchapter II of chapter 15 of title 
     31, United States Code.
       (c) Payments of Liabilities.--Any payment made to discharge 
     liabilities arising from agreements under section 1905 (other 
     than subsections (c) and (d) of section 1905) shall be paid 
     out of the Clean Energy Investment Bank Fund.
       (d) Supplemental Borrowing Authority.--
       (1) In general.--In order to maintain sufficient liquidity 
     in the revolving loan fund, the Bank may issue from time to 
     time for purchase by the Secretary of the Treasury notes, 
     debentures, bonds, or other obligations.
       (2) Maximum total amount.--The total amount of obligations 
     issued under paragraph (1) that is outstanding at any time 
     shall not exceed $2,000,000,000.
       (3) Repayment.--Any obligation issued under paragraph (1) 
     shall be repaid to the Treasury not later than 1 year after 
     the date of issue of the obligation.
       (4) Interest rate.--Any obligation issued under paragraph 
     (1) shall bear interest at a rate determined by the Secretary 
     of the Treasury, taking into account the current average 
     market yield on outstanding marketable obligations of the 
     United States of comparable maturities during the month 
     preceding the issuance of any obligation authorized by this 
     subsection.
       (5) Purchase of obligations.--
       (A) In general.--The Secretary of the Treasury--
       (i) shall purchase any obligation of the Bank issued under 
     this subsection; and
       (ii) for the purchase, may use as a public debt transaction 
     the proceeds of the sale of any securities issued under 
     chapter 31 of title 31, United States Code.
       (B) Purposes.--The purpose for which securities may be 
     issued under chapter 31 of title 31, United States Code, 
     shall include any purchase under this paragraph.

     SEC. 1907. ADMINISTRATION.

       (a) Protection of Interest of Bank.--The Bank shall ensure 
     that suitable arrangements exist for protecting the interest 
     of the Bank in connection with any agreement issued under 
     this title.
       (b) Full Faith and Credit.--
       (1) Obligation.--A loan guarantee issued by the Bank under 
     section 1905(c) shall constitute an obligation, in accordance 
     with the terms of the guarantee, of the United States.
       (2) Payment.--The full faith and credit of the United 
     States is pledged for the full payment and performance of the 
     obligation.
       (c) Fees.--
       (1) In general.--The Bank shall establish and collect fees 
     for services under this title in amounts to be determined by 
     the Bank.
       (2) Availability of fees.--Except as provided in paragraph 
     (3), fees collected by the Bank under paragraph (1) 
     (including fees collected for administrative expenses in 
     carrying out subsections (c) and (d) of section 1905) may be 
     retained by the Bank and may remain available to the Bank, 
     without further appropriation or fiscal year limitation, for 
     payment of administrative expenses incurred in carrying out 
     this title.
       (3) Fee transfer authority.--Fees collected by the Bank for 
     the cost (as defined in section 502 of the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661a)) of a loan or loan 
     guarantee made under subsection (c) or (d) of section 1905 
     shall be transferred by the Bank to the respective credit 
     program accounts.

     SEC. 1908. GENERAL PROVISIONS AND POWERS.

       (a) Principal Office.--The Bank shall--
       (1) maintain its principal office in the District of 
     Columbia; and
       (2) be considered, for purposes of venue in civil actions, 
     to be a resident of the District of Columbia.
       (b) Transfer of Functions and Authority.--
       (1) In general.--On appointment of a majority of the Board 
     by the President, all of the functions and authority of the 
     Secretary of Energy under predecessor programs and 
     authorities similar to those provided under subsections (c) 
     and (d) of section 1905, including those under title XVII of 
     the Energy Policy Act of 2005 (42 U. S.C. 16511 et seq.), 
     shall be transferred to the Board
       (2) Continuation prior to transfer.--Until the transfer, 
     the Secretary of Energy shall continue to administer such 
     programs and activities, including programs and authorities 
     under title XVII of the Energy Policy Act of 2005 (42 U.S.C. 
     16511 et seq.).
       (3) Effect on existing rights and obligations.--The 
     transfer of functions and authority under this subsection 
     shall not affect the rights and obligations of any party that 
     arise under a predecessor program or authority prior to the 
     transfer under this subsection.
       (c) Audits.--
       (1) In general.--Except as otherwise provided in this 
     title, the Bank shall be subject to the applicable provisions 
     of chapter 91 of title 31, United States Code.
       (2) Periodic audits by independent certified public 
     accountants.--
       (A) In general.--Except as provided in paragraph (3), an 
     independent certified public accountant shall perform a 
     financial and compliance audit of the financial statements of 
     the Bank at least once every 3 years, in accordance with 
     generally accepted Government auditing standards for a 
     financial and compliance audit, as issued by the Comptroller 
     General of the United States.
       (B) Report to board.--The independent certified public 
     accountant shall report the results of the audit to the 
     Board.
       (C) Generally accepted accounting principles.--The 
     financial statements of the

[[Page 11689]]

     Bank shall be presented in accordance with generally accepted 
     accounting principles.
       (D) Reports.--
       (i) In general.--The financial statements and the report of 
     the accountant shall be included in a report that--

       (I) contains, to the extent applicable, the information 
     identified in section 9106 of title 31, United States Code; 
     and
       (II) the Bank shall submit to Congress not later than 210 
     days after the end of the last fiscal year covered by the 
     audit.

       (ii) Review.--The Comptroller General of the United States 
     may review the audit conducted by the accountant and the 
     report to Congress in such manner and at such times as the 
     Comptroller General considers necessary.
       (3) Alternative audits by comptroller general of the united 
     states.--
       (A) In general.--In lieu of the financial and compliance 
     audit required by paragraph (2), the Comptroller General of 
     the United States shall, if the Comptroller General considers 
     it necessary, audit the financial statements of the Bank in 
     the manner provided under paragraph (2).
       (B) Reimbursement.--The Bank shall reimburse the 
     Comptroller General of the United States for the full cost of 
     any audit conducted under this paragraph.
       (4) Availability of records.--All books, accounts, 
     financial records, reports, files, work papers, and property 
     belonging to or in use by the Bank and the accountant who 
     conducts the audit under paragraph (2), that are necessary 
     for purposes of this subsection, shall be made available to 
     the Comptroller General of the United States.

     SEC. 1909. REPORTS TO CONGRESS.

       As soon as practicable after the end of each fiscal year, 
     the Bank shall submit to Congress a complete and detailed 
     report describing the operations of the Bank during the 
     fiscal year.

     SEC. 1910. MODIFICATION TO LOAN GUARANTEE PROGRAM.

       (a) Definition of Commercial Technology.--Section 1701(1) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exclusion.--The term `commercial technology' does not 
     include a technology if the sole use of the technology is in 
     connection with--
       ``(i) a demonstration plant; or
       ``(ii) a project for which the Secretary approved a loan 
     guarantee.''.
       (b) Specific Appropriation or Contribution.--Section 1702 
     of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless--
       ``(A) an appropriation for the cost has been made; or
       ``(B) the Secretary has received from the borrower a 
     payment in full for the cost of the obligation and deposited 
     the payment into the Treasury.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph (1)(B) shall not be a loan or other 
     debt obligation that is made or guaranteed by the Federal 
     Government.
       ``(3) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan or loan guarantee made in accordance with 
     paragraph (1)(B).''.
       (c) Amount.--Section 1702 of the Energy Policy Act of 2005 
     (42 U.S.C. 16512) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Amount.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     shall guarantee up to 100 percent of the principal and 
     interest due on 1 or more loans for a facility that are the 
     subject of the guarantee.
       ``(2) Limitation.--The total amount of loans guaranteed for 
     a facility by the Secretary shall not exceed 80 percent of 
     the total cost of the facility, as estimated at the time at 
     which the guarantee is issued.''.
       (d) Subrogation.--Section 1702(g)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
       (1) by striking subparagraph (B); and
       (2) by redesignating subparagraph (C) as subparagraph (B).
       (e) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
     (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary into a special fund in 
     the Treasury to be known as the `Incentives For Innovative 
     Technologies Fund'; and
       ``(B) remain available to the Secretary for expenditure, 
     without further appropriation or fiscal year limitation, for 
     administrative expenses incurred in carrying out this 
     title.''.

     SEC. 1911. INTEGRATION OF LOAN GUARANTEE PROGRAMS.

       (a) Definition of Bank.--Section 1701 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16511) is amended--
       (1) by redesignating paragraphs (1) through (5) as 
     paragraphs (2) through (6), respectively; and
       (2) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Bank.--The term `Bank' means the Clean Energy 
     Investment Bank of the United States established by section 
     1903(a) of the Clean Energy Investment Bank Act of 2008.''.
       (b) Administration.--
       (1) In general.--Title XVII of the Energy Policy Act of 
     2005 (42 U.S.C. 16511 et seq.) is amended by striking 
     ``Secretary'' each place it appears (other than the last 
     place it appears in section 1702(a)) and inserting ``Board''.
       (2) Conforming amendments.--Section 1702(g) of the Energy 
     Policy Act of 2005 (42 U.S.C. 16512(g)) is amended--
       (A) in the heading for paragraph (1), by striking 
     ``Secretary'' and inserting ``Bank''; and
       (B) in the heading for paragraph (3), by striking 
     ``Secretary'' and inserting ``Bank''.
       (c) Application.--The amendments made by this section are 
     effective on the date the President transfers to the Bank 
     under section 1909(b)(1) the authority to carry out title 
     XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511 et 
     seq.).

     SEC. 1912. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to subsection (b), there are 
     authorized to be appropriated to the Bank, to remain 
     available until expended, such sums as are necessary to--
       (1) replenish or increase the Clean Energy Investment Bank 
     Fund; or
       (2) discharge obligations of the Bank purchased by the 
     Secretary of the Treasury under this title.
       (b) Minimum Levels in the Clean Energy Investment Bank 
     Fund.--No appropriations shall be made to augment the Clean 
     Energy Investment Bank Fund unless the balance in the Clean 
     Energy Investment Bank Fund is projected to be less than 
     $50,000,000 during the fiscal year for which an appropriation 
     is made.
                                 ______
                                 
  SA 4923. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 223, the table after line 11 is amended to read as 
     follows:

------------------------------------------------------------------------
                                                          Percentage for
                                                            auction for
                      Calendar Year                           public
                                                          transportation
------------------------------------------------------------------------
2012....................................................            3.87
2013....................................................            3.87
2014....................................................            3.87
2015....................................................            4.25
2016....................................................            4.37
2017....................................................            4.37
2018....................................................            5.62
2019....................................................            5.90
2020....................................................            6.00
2021....................................................            6.75
2022....................................................            7.12
2023....................................................            7.62
2024....................................................            8.12
2025....................................................            8.12
2026....................................................            9.12
2027....................................................            9.12
2028....................................................            9.12
2029....................................................            9.12
2030....................................................            9.62
2031....................................................           10
2032....................................................           10
2033....................................................           10
2034....................................................           10
2035....................................................           10
2036....................................................           10
2037....................................................           10
2038....................................................           10
2039....................................................           10
2040....................................................           10
2041....................................................           10
2042....................................................           10
2043....................................................           10
2044....................................................           10
2045....................................................           10
2046....................................................           10
2047....................................................           10
2048....................................................           10
2049....................................................           10
2050....................................................           10
------------------------------------------------------------------------

       On page 458, the table after line 5 is amended to read as 
     follows:

------------------------------------------------------------------------
                                                             Percentage
                                                            for auction
                      Calendar Year                         for Deficit
                                                             Reduction
                                                                Fund
------------------------------------------------------------------------
2012.....................................................           2.88
2013.....................................................           2.88
2014.....................................................           2.88
2015.....................................................           3.25
2016.....................................................           3.38
2017.....................................................           3.38
2018.....................................................           3.63
2019.....................................................           3.50
2020.....................................................           4.00
2021.....................................................           4.75
2022.....................................................           4.38

[[Page 11690]]

 
2023.....................................................           4.88
2024.....................................................           5.38
2025.....................................................           5.38
2026.....................................................           6.38
2027.....................................................           6.38
2028.....................................................           6.38
2029.....................................................           6.88
2030.....................................................           6.88
2031.....................................................          12.50
2032.....................................................           9.50
2033.....................................................           9.50
2034.....................................................           9.50
2035.....................................................           9.50
2036.....................................................           9.50
2037.....................................................           9.50
2038.....................................................           9.50
2039.....................................................           9.50
2040.....................................................           9.50
2041.....................................................           9.50
2042.....................................................           9.50
2043.....................................................           9.50
2044.....................................................           9.50
2045.....................................................           9.50
2046.....................................................           9.50
2047.....................................................           9.50
2048.....................................................           9.50
2049.....................................................           9.50
2050.....................................................           9.50
------------------------------------------------------------------------

                                 ______
                                 
  SA 4924. Mr. MENENDEZ (for himself and Mr. Kerry) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 196, strike line 19 and insert the following:
     Not later than 330 days before
       On page 196, line 21, strike ``2 percent'' and insert ``0.5 
     percent''.
       On page 197, strike lines 3 through 8.
       On page 198, between lines 16 and 17, insert the following:
       (c) Limitation.--No emission allowance shall be distributed 
     to an owner or operator of an entity described in section 561 
     under this subtitle if the owner or operator, or the parent 
     company of the owner or operator, has total annual revenue 
     that is equal to or greater than--
       (1) for calendar year 2012, $100,000,000,000; and
       (2) for each subsequent calendar year, $100,000,000,000, as 
     adjusted to reflect the annual rate of United States dollar 
     inflation for the calendar year (as measured by the Consumer 
     Price Index) since calendar year 2012.
       On page 426, strike lines 14 through 16 and insert the 
     following:
     section--
       (1) for each of calendar years 2012 through 2017, 2.5 
     percent of the aggregate quantity of emission allowances 
     established for the applicable calendar year pursuant to 
     section 201(a);
       (2) for each of calendar years 2018 through 2030, 2 percent 
     of the aggregate quantity of emission allowances established 
     for the applicable calendar year pursuant to section 201(a); 
     and
       (3) for each of calendar years 2031 through 2050, 1 percent 
     of the aggregate quantity of emission allowances established 
     for the applicable calendar year pursuant to section 201(a).
                                 ______
                                 
  SA 4925. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 21, strike lines 8 through 17.
       On page 21, line 18, strike ``(E)'' and insert ``(B)''.
       On page 21, line 24, strike ``(F)'' and insert ``(C)''.
       On page 22, line 5, strike ``(G)'' and insert ``(D)''.
       On page 22, line 9, strike ``(H)'' and insert ``(E)''.
       On page 22, line 14, strike ``(I)'' and insert ``(F)''.
       On page 27, strike lines 4 through 16.
       On page 31, line 8, strike ``or natural-gas''.
       Beginning on page 65, strike line 25 and all that follows 
     through page 66, line 19, and insert the following:
     ural gas; and
       (4) each HFC that was, during the preceding calendar year, 
     emitted as a byproduct of hydrochlorofluorocarbon manufacture 
     in the United States by that covered entity.
       On page 67, lines 4 and 5, strike ``neither paragraph (2) 
     nor paragraph (5) of subsection (a) requires'' and insert 
     ``subsection (a)(2) does not require''.
       On page 69, lines 23 and 24, strike ``, natural gas, or 
     natural gas liquid''.
       On page 70, lines 15 and 16, strike ``(2), (3), or (5)'' 
     and insert ``(2) or (3)''.
       Beginning on page 198, strike line 17 and all that follows 
     through page 201, line 17.
       Beginning on page 205, strike line 1 and all that follows 
     through page 206, line 15, and insert the following:
       (1) First period.--Not later than 330 days before the 
     beginning of calendar year 2012, the Administrator shall 
     allocate 9.5 percent of the quantity of emission allowances 
     established pursuant to section 201(a) for that calendar year 
     for distribution among electricity local distribution 
     companies in the United States.
       (2) Second period.--Not later than 330 days before the 
     beginning of each of calendar years 2013 through 2025, the 
     Administrator shall allocate 9.75 percent of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for that calendar year for distribution among electricity 
     local distribution companies in the United States.
       (3) Third period.--Not later than 330 days before the 
     beginning of each of calendar years 2026 through 2050, the 
     Administrator shall allocate 10 percent of the quantity of 
     emission allowances established pursuant to section 201(a) 
     for that calendar year for distribution among electricity 
     local distribution companies in the United States.
       On page 207, line 2, strike ``or natural gas''.
       On page 207, line 10, strike ``or natural gas''.
       On page 209, line 17, strike ``or natural gas''.
       On page 210, line 19, strike ``or natural gas''.
       On page 211, line 7, strike ``or natural gas''.
       On page 215, lines 5 and 6, strike ``or natural gas costs, 
     as applicable,'' and insert ``costs''.
                                 ______
                                 
  SA 4926. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 192, between lines 9 and 10, insert the following:

     SEC. 543. INTERNATIONAL COMPETITIVENESS ALLOWANCE PROGRAM.

       (a) Definitions.--In this section:
       (1) Eligible manufacturing facility.--
       (A) In general.--The term ``eligible manufacturing 
     facility'' means a manufacturing facility located in the 
     United States that principally manufactures iron, steel, 
     pulp, paper, cement, rubber, chemicals, fertilizer, glass, 
     ceramics, sulfur hexafluoride, or aluminum and other 
     nonferrous metals.
       (B) Exclusion.--The term ``eligible manufacturing 
     facility'' does not include a facility eligible to receive 
     emission allowances under subtitle F or H.
       (2) International competitive allowance.--The term 
     ``international competitive allowance'' means an allowance 
     allocated pursuant to the International Competitiveness 
     Allowance Program established under subsection (b).
       (3) Refiner of petroleum-based fuel.--The term ``refiner of 
     petroleum-based fuel'' means an entity that manufactures in 
     the United States petroleum-based liquid or gaseous fuel.
       (b) Establishment of Program.--
       (1) In general.--The Administrator shall establish a 
     program, to be known as the ``International Competitiveness 
     Allowance Program'', under which the Administrator may 
     allocate international competitiveness allowances to owners 
     and operators of eligible manufacturing facilities and 
     refiners of petroleum-based fuel in the United States that, 
     in addition to distributions of emission allowances under 
     section 542, continue to be constrained or burdened by the 
     requirements of this Act.
       (2) Denomination.--International competitiveness allowances 
     shall be denominated in units of metric tons of carbon 
     dioxide equivalent.
       (3) Consistency with other programs.--In establishing the 
     International Competitiveness Allowance Program under 
     paragraph (1), the Administrator shall ensure that the 
     program is consistent with the other purposes and 
     requirements of this Act.
       (c) Quantity for Allocation.--
       (1) Regulations.--Not later than the earliest date on which 
     the Administrator distributes allowances under any of titles 
     V through XI, the Administrator shall establish, by 
     regulation, a procedure for calculating, for each calendar 
     year, the number of international competitiveness allowances 
     to be allocated to each eligible manufacturing facility and 
     refiner of petroleum-based fuel under the International 
     Competitiveness Allowance Program, in accordance with 
     paragraph (2).
       (2) Requirement.--To the maximum extent practicable, the 
     Administrator shall ensure that the number of international 
     competitiveness allowances allocated to an eligible 
     manufacturing facility or refiner of petroleum-based fuel for 
     a calendar year is sufficient to offset the additional 
     adverse competitive impact the eligible manufacturing 
     facility or refiner of petroleum-based fuel would experience 
     in the absence of the International Competitiveness Allowance 
     Program during that calendar year.

[[Page 11691]]

       (d) Source.--International competitiveness allowances shall 
     be issued from a special reserve of allowances that is 
     separate from, and established in addition to, the quantity 
     of allowances established under section 201.
       (e) Trading System.--The Administrator may establish, by 
     regulation, a system for the sale, exchange, purchase, 
     transfer, and banking of international competitive 
     allowances.
       (f) Termination.--The International Competitiveness 
     Allowance Program shall terminate on the later of--
       (1) the date on which the Administrator determines that 
     other measures have been implemented to address international 
     competitiveness concerns resulting from this Act; and
       (2) January 1, 2014.
                                 ______
                                 
  SA 4927. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

Subtitle H--Identification of Most Prospective Outer Continental Shelf 
               Oil and Natural Gas Areas Under Moratoria

     SEC. 1771. DEFINITIONS.

       In this subtitle:
       (1) Moratorium area.--
       (A) In general.--The term ``moratorium area'' means any 
     area on the Outer Continental Shelf covered by--
       (i) sections 104 through 106 of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2006 (Public Law 109-54; 119 Stat. 521);
       (ii) section 104 of the Gulf of Mexico Energy Security Act 
     of 2006 (43 U.S.C. 1331 note; Public Law 109-432); or
       (iii) any area withdrawn from disposition by leasing by the 
     memorandum entitled ``Memorandum on Withdrawal of Certain 
     Areas of the United States Outer Continental Shelf from 
     Leasing Disposition'' (34 Weekly Comp. Pres. Doc. 1111), and 
     dated June 12, 1998, as modified by the President on January 
     9, 2007.
       (B) Exclusions.--The term ``moratorium area'' does not 
     include an area of the outer Continental Shelf designated by 
     the National Oceanic and Atmospheric Administration as a 
     national marine sanctuary.
       (2) Prospective area.--The term ``prospective area'' means 
     a portion of any moratorium area that may contain recoverable 
     oil or gas.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1772. IDENTIFICATION OF MOST PROSPECTIVE OUTER 
                   CONTINENTAL SHELF OIL AND NATURAL GAS AREAS 
                   UNDER MORATORIA.

       (a) Inventory.--
       (1) In general.--The Secretary shall identify the 10 most 
     prospective areas for recoverable oil and gas accumulations, 
     including if appropriate the 5 most prospective areas for oil 
     and the 5 most prospective areas for natural gas in the 
     prospective areas that industry would likely explore if 
     allowed.
       (2) Information.--In identifying the prospective areas, the 
     Secretary shall take into account any existing information on 
     the geological potential for oil and gas or acquire new data 
     as appropriate to assist in narrowing down prospective areas.
       (3) Technology.--The Secretary may use any available 
     geological, geophysical, economic, engineering, and other 
     scientific technology to obtain accurate estimates of 
     resource potential.
       (b) Acquisition of Geological and Geophysical Data.--
       (1) In general.--The Secretary may acquire and process new 
     geological and geophysical data or use existing geological 
     and geophysical data for any moratorium area if the Secretary 
     determines that additional information is needed to identify 
     and assess potential prospective areas.
       (2) Technology.--In carrying out this subsection, the 
     Secretary shall use any available technology (other than 
     drilling), including 3-D seismic technology, to obtain an 
     accurate estimate of resource potential.
       (3) Availability of data.--The Secretary may make available 
     newly acquired geological and geophysical data under this 
     subsection on a cost recovery basis to recover the full costs 
     expended for acquisition and processing of new geological and 
     geophysical data.
       (c) Administration.--
       (1) In general.--As soon as practicable, but not later than 
     1 year, after the date of enactment of this Act, to expedite 
     collection of geological and geophysical data under this 
     section, each Federal agency shall conduct and complete any 
     analyses or consultations that are required to carry out this 
     section.
       (2) Protected species.--Before conducting any geological 
     and geophysical survey required under this subtitle in any 
     prospective area, the Secretary shall, at a minimum, 
     implement the mitigation, monitoring, and reporting measures 
     that are used for protected species in the Gulf of Mexico 
     region.
       (d) Environmental and Socioeconomic Studies.--
       (1) In general.--The Secretary may conduct, directly or by 
     contract, environmental or socioeconomic studies for any 
     prospective area identified under subsection (a).
       (2) Interagency action.--The Secretary, acting through the 
     Minerals Management Service, may work jointly with the United 
     States Fish and Wildlife Service, the National Oceanic and 
     Atmospheric Administration, or other relevant agencies--
       (A) to compile existing environmental and socioeconomic 
     information on prospective areas; or
       (B) obtain new environmental or socioeconomic studies for 
     identified prospective areas.

     SEC. 1773. SHARING INFORMATION WITH STATES AND OTHER 
                   STAKEHOLDERS.

       (a) In General.--The Secretary shall establish a process--
       (1) to share information identified by actions taken under 
     section 1772 to identify 10 most prospective areas; and
       (2) to obtain input from States or other stakeholders on 
     the prospective areas.
       (b) Process.--The process shall include workshops or 
     meetings with--
       (1) the public;
       (2) Governors or designated officials from appropriate 
     States; and
       (3) other relevant user groups.

     SEC. 1774. REPORTS.

       (a) Identification of Prospective Areas.--Not later than 90 
     days after the date of enactment of this Act, the Secretary 
     shall submit to Congress a report that includes--
       (1) an identification of the 10 most prospective oil and 
     gas areas within the moratorium areas using existing 
     information;
       (2) a summary of environmental and socioeconomic 
     information relating to the 10 prospective areas; and
       (3) a schedule for completion of any environmental or 
     socioeconomic impact studies or consultations planned for 
     those prospective areas.
       (b) Potential of Prospective Areas.--Not later than 42 
     months after the date of enactment of this Act, the Secretary 
     shall submit to Congress a report that includes--
       (1) a summary of the potential oil and gas resources in the 
     10 most prospective areas based on all available and newly 
     acquired information;
       (2) a description of the consultation process under section 
     1773 that will be used to share information and obtain input 
     from stakeholders concerning the 10 most prospective areas; 
     and
       (3) recommendations on approaches for recovery of costs 
     expended for acquisition and processing of new geological and 
     geophysical data or conducting other studies for the report.
       (c) Input.--Not later than 180 days after submission of the 
     report required under subsection (b), the Secretary shall 
     submit to Congress a summary of the input from the process 
     required under section 1773.

     SEC. 1775. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Secretary to 
     carry out this subtitle $450,000,000, to remain available 
     until expended.
                                 ______
                                 
  SA 4928. Mr. ROCKEFELLER submitted an amendment intended to be 
proposed by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title X, add the following:

                 Subtitle D--Carbon Management Programs

     SEC. 1031. FUTURE FUELS CORPORATION.

       Subtitle A of title XVI of the Energy Policy Act of 2005 
     (Public Law 109-58; 119 Stat. 1109) is amended by adding at 
     the end the following:

     ``SEC. 1602. FUTURE FUELS CORPORATION.

       ``(a) Establishment.--
       ``(1) In general.--The Future Fuels Corporation (referred 
     to in this section as the `Corporation') is established as a 
     government corporation.
       ``(2) Administration.--The Corporation shall be subject 
     to--
       ``(A) this section; and
       ``(B) chapter 91 of title 31, United States Code.
       ``(3) Board of directors.--
       ``(A) In general.--The Corporation shall be managed by a 
     board of directors composed of 13 individuals who are 
     citizens of the United States, appointed by the President, by 
     and with the advice and consent of the Senate.
       ``(B) Limitation.--For purposes of making appointments 
     under subparagraph (A), the board of directors shall not 
     include more than 7 members affiliated with the same 
     political party as the President at any 1 time.
       ``(C) Chairperson.--The board of directors shall annually 
     elect a Chairperson from among the members of the board of 
     directors.
       ``(D) Term.--The term of a member of the board of directors 
     shall be 5 years.
       ``(4) Transfers.--The Secretary shall transfer to the 
     Corporation any amounts made available under subsection (c).
       ``(b) Use of Funds.--Beginning in fiscal year 2010, funds 
     transferred by the Secretary

[[Page 11692]]

     to the Corporation under subsection (a)(4) shall be expended 
     by the Corporation to--
       ``(1) promote and deploy coal and coal cofired 
     polygeneration technologies;
       ``(2) reduce--
       ``(A) the carbon footprint of coal consumption; and
       ``(B) the production of coal-based byproducts; and
       ``(3) conduct widespread carbon sequestration research, 
     development, and deployment activities.
       ``(c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary to carry out this section 
     $17,500,000,000 for the period of fiscal years 2008 through 
     2012.''.

     SEC. 1032. CARBON CAPTURE AND STORAGE RESEARCH, DEVELOPMENT, 
                   AND DEMONSTRATION PROGRAM.

       Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 
     16293) is amended--
       (1) in the section heading, by striking ``AND 
     SEQUESTRATION'' and inserting ``AND STORAGE'';
       (2) in subsection (a), by striking ``and sequestration'' 
     and inserting ``and storage''; and
       (3) by striking subsections (c) and (d) and inserting the 
     following:
       ``(c) Programmatic Activities.--
       ``(1) Goal.--The Secretary shall establish a program under 
     which the Secretary shall conduct activities necessary to 
     achieve the goal of annually sequestering at least 1,000,000 
     tons of carbon dioxide by January 1, 2015.
       ``(2) Review of existing data.--Not later than 180 days 
     after the date of enactment of the Lieberman-Warner Climate 
     Security Act of 2008, the Secretary shall--
       ``(A) verify and analyze the results of any assessment 
     conducted by any other Federal agency or a State relating to 
     geological storage capacity and the potential for carbon 
     injection rates, including a risk analysis of any potential 
     geologic storage areas assessed; and
       ``(B) submit to the appropriate committees of Congress a 
     report that describes the results of the verification and 
     analyses under subparagraph (A).
       ``(3) Recommendations.--As soon as practicable after the 
     date of enactment of the Lieberman-Warner Climate Security 
     Act of 2008, the Secretary shall submit to the appropriate 
     committees of Congress recommendations on appropriate 
     regulatory and advisory mechanisms for--
       ``(A) the determination of best technologies;
       ``(B) the identification and evaluation of state-of-the-art 
     research, development, and deployment strategies for carbon 
     capture and storage technologies;
       ``(C) the selection and operation of carbon dioxide 
     sequestration sites; and
       ``(D) the transfer of liability for the sites to the United 
     States.
       ``(4) Interstate compacts.--As soon as practicable after 
     the date of enactment of this Act, the Secretary shall 
     develop model interstate compacts to govern the 
     transportation, injection, and storage of carbon dioxide.
       ``(5) Demonstration project.--The Secretary shall conduct 
     geological sequestration demonstration projects involving 
     carbon dioxide sequestration operations in a variety of 
     candidate geological settings, including--
       ``(A) oil and gas reservoirs;
       ``(B) unmineable coal seams;
       ``(C) deep saline aquifers;
       ``(D) basalt and shale formations; and
       ``(E) terrestrial sequestration, including restoration 
     project sites provided assistance by the Abandoned Mine 
     Reclamation Fund established by section 401 of the Surface 
     Mining Control and Reclamation Act of 1977 (30 U.S.C. 1231) .
       ``(d) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section--
       ``(A) $100,000,000 for each of fiscal years 2009 and 2010;
       ``(B) $105,000,000 for fiscal year 2011;
       ``(C) $110,000,000 for fiscal year 2012;
       ``(D) $115,000,000 for fiscal year 2013; and
       ``(E) $120,000,000 for fiscal year 2014.
       ``(2) Availability of funds.--Funds made available for a 
     fiscal year under paragraph (1)--
       ``(A) shall remain available until expended, but not later 
     than September 30, 2014; and
       ``(B) may be reprogrammed, at the discretion of the 
     Secretary, for expenditure for other demonstration projects 
     under this title only after--
       ``(i) September 30, 2010; and
       ``(ii) the Secretary provides notice of the proposed 
     reprogramming to the appropriate committees of Congress.''.
                                 ______
                                 
  SA 4929. Mr. SMITH (for himself, Mr. Wyden, and Mr. Warner) submitted 
an amendment intended to be proposed by him to the bill S. 3036, to 
direct the Administrator of the Environmental Protection Agency to 
establish a program to decrease emissions of greenhouse gases, and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 183, between lines 3 and 4, insert the following:

     SEC. 537. COMMUNITY COLLEGE SUSTAINABILITY.

       (a) Short Title.--This section may be cited as the 
     ``Community College Sustainability Act''.
       (b) Definition.--In this section, the term ``community 
     college'' means a 2-year institution of higher education, as 
     such term is defined in section 101 of the Higher Education 
     Act of 1965 (20 U.S.C. 1001).
       (c) Workforce Training and Education in Renewable Energy 
     and Efficiency, Green Technology, and Sustainable 
     Environmental Practices.--From funds made available under 
     subsection (e), the Secretary of Labor shall carry out a 
     sustainability workforce training and education program. In 
     carrying out the program, the Secretary shall award grants to 
     community colleges to provide workforce training and 
     education in industries and practices, such as--
       (1) alternative energy, including wind and solar energy;
       (2) green construction, green retrofitting, and green 
     design;
       (3) green chemistry, green nanotechnology, or green 
     technology;
       (4) water and energy conservation;
       (5) recycling and waste reduction;
       (6) sustainable agriculture and farming; and
       (7) sustainable culinary practices.
       (d) Award Considerations.--Of the funds made available 
     under subsection (c) for a fiscal year, not less than 
     $100,000,000 shall be awarded to community colleges with 
     existing (as of the date of the award) sustainability 
     programs that lead to certificates or degrees in 1 or more of 
     the industries and practices described in paragraphs (1) 
     through (7) of subsection (c).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated and there are appropriated to carry out 
     this section $200,000,000 for fiscal year 2009 and each 
     subsequent fiscal year.
                                 ______
                                 
  SA 4930. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

               Subtitle H--Nuclear Regulatory Commission

     SEC. 1771. FUNDING FOR REVIEW OF YUCCA MOUNTAIN LICENSE 
                   APPLICATION.

       (a) In General.--Notwithstanding any other provision of 
     law, out of any funds in the Nuclear Waste Fund established 
     by section 302(c) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10222(c)) not otherwise appropriated, the Secretary of 
     the Treasury shall transfer to the Nuclear Regulatory 
     Commission $85,000,000 for each of fiscal years 2009 through 
     2011, to remain available until expended.
       (b) Receipt and Acceptance.--The Nuclear Regulatory 
     Commission shall be entitled to receive, shall accept, and 
     shall use in accordance with subsection (c) the funds 
     transferred under subsection (a), without further 
     appropriation.
       (c) Use of Funds.--The Nuclear Regulatory Commission shall 
     use funds transferred under subsection (a) for review by the 
     Commission of the Yucca Mountain license application of the 
     Department of Energy.
                                 ______
                                 
  SA 4931. Mr. INHOFE (for himself, Mr. Vitter, Mr. Craig, Mr. DeMint, 
and Mr. Crapo) submitted an amendment intended to be proposed by him to 
the bill S. 3036, to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

                   TITLE XVIII--NUCLEAR WASTE POLICY

     SEC. 1801. SHORT TITLE.

       This title may be cited as the ``Nuclear Waste Policy 
     Amendments Act of 2008''.

     SEC. 1802. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) progress toward the safe disposal of spent nuclear fuel 
     and high-level radioactive waste will help ensure that the 
     expanded use of nuclear energy will contribute to meeting the 
     growing need of the United States for reliable, cost-
     effective energy;
       (2) the Federal Government has the responsibility to 
     provide for permanent disposal of spent nuclear fuel, high-
     level radioactive waste, and waste generated from United 
     States atomic energy defense activities;
       (3) the obligation of the Federal Government to develop a 
     repository provides sufficient grounds for findings by the 
     Nuclear Regulatory Commission that spent nuclear fuel and 
     high-level radioactive waste will be disposed of safely and 
     in a timely manner;
       (4) the electricity consumers and nuclear power plant 
     operators of the United States have paid in excess of 
     $27,000,000,000 in fees and interest to fund disposal of 
     spent nuclear fuel and high-level radioactive waste;

[[Page 11693]]

       (5) the National Research Council of the National Academy 
     of Sciences--
       (A) since 1957, has endorsed the concept of deep geologic 
     disposal of high-level radioactive waste as a long-term 
     solution based on scientific and technical analysis; and
       (B) maintains that deep geologic disposal remains as the 
     only long-term solution available for the disposal of high-
     level radioactive waste;
       (6) in 2002, the Yucca Mountain site was recommended by the 
     President and approved by Congress for development as a deep 
     geologic repository;
       (7) operation of a repository in accordance with the 
     Nuclear Waste Policy Act of 1982 (42 U.S.C. 10101 et seq.) is 
     nearly 20 years behind schedule;
       (8) the delay has--
       (A) resulted in judicial findings of a partial breach of 
     contract on the part of the Federal Government; and
       (B) subjected taxpayers to billions of dollars in 
     liability;
       (9) the Commission should allow the upgrade of non-nuclear 
     infrastructure at the repository site prior to construction 
     in an effort to accelerate progress and reduce taxpayer 
     liability;
       (10) the repository should be licensed to safely use the 
     maximum potential capacity of the repository, based on 
     scientific and technical considerations; and
       (11) the development of the repository should incorporate 
     technological advances to improve protection of public health 
     and safety and the environment on a regular basis while 
     retaining the option of retrieval.
       (b) Purposes.--The purposes of this title are--
       (1) to encourage the expanded contribution of nuclear 
     energy to meet the growing need of the United States for 
     safe, reliable, and cost-effective energy;
       (2) to provide a process for the expeditious and safe 
     development and operation of a repository at the Yucca 
     Mountain site;
       (3) to require periodic system improvements based on 
     advances in technology and understanding to enhance the 
     protection of public health and safety and the environment;
       (4) to clarify the authority of the Secretary to carry out 
     infrastructure activities without prejudicing the 
     consideration of the Commission with respect to repository 
     applications; and
       (5) to provide guidance to the Commission with respect to 
     the consideration by the Commission of spent nuclear fuel and 
     high-level waste disposal during new reactor licensing 
     proceedings.

     SEC. 1803. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Nuclear 
     Regulatory Commission.
       (2) Repository.--The term ``repository'' has the meaning 
     given the term in section 2 of the Nuclear Waste Policy Act 
     of 1982 (42 U.S.C. 10101).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

                         Subtitle A--Licensing

     SEC. 1811. APPLICATIONS.

       Section 114(b) of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10134(b)) is amended--
       (1) in the subsection heading, by striking ``Application'' 
     and inserting ``Applications'';
       (2) by striking ``If the President'' and inserting the 
     following:
       ``(1) In general.--If the President''; and
       (3) by adding at the end the following:
       ``(2) Application processes.--
       ``(A) In general.--The Secretary shall submit, and the 
     Commission shall review, each application described in this 
     paragraph.
       ``(B) Application for a construction authorization.--
       ``(i) Required information.--An application for a 
     construction authorization for a repository at a site shall 
     contain provisions--

       ``(I) for the establishment of, and preliminary information 
     relating to, a continuing program, including underground 
     repository surveillance, measurement, and testing and 
     research and development of technologies that may improve the 
     safety or operation of the repository--

       ``(aa) to be carried out during the operation of the 
     repository; and
       ``(bb) to monitor, evaluate, and confirm repository 
     performance; and

       ``(II) for the development of a strategy to ensure the 
     ability of the repository to retrieve, for a period of not 
     less than 300 years beginning on the date on which the 
     repository first commences operation, each quantity of spent 
     nuclear fuel and high-level radioactive waste stored at the 
     repository.

       ``(ii) Authorized information.--An application for a 
     construction authorization shall not be required to contain 
     any information--

       ``(I) relating to any surface facility other than any 
     surface facility determined by the Secretary to be necessary 
     for the initial operation of the repository; and
       ``(II) that is required under subparagraph (D) for an 
     application relating to the permanent closure of the 
     repository.

       ``(C) Application to amend a construction authorization to 
     receive and possess spent nuclear fuel and high-level 
     radioactive waste.--
       ``(i) Required information.--An application to amend a 
     construction authorization to receive and possess spent 
     nuclear fuel and high-level radioactive waste at a repository 
     shall contain provisions for the establishment of, and final 
     information relating to--

       ``(I) a continuing program, including underground 
     repository surveillance, measurement, and testing, and 
     research and development of technologies that may improve the 
     safety or operation of the repository--

       ``(aa) to be carried out during the operation of the 
     repository; and
       ``(bb) to monitor, evaluate, and confirm repository 
     performance;

       ``(II) a procedure to provide for periodic revisions of the 
     license of the repository that shall be conducted--

       ``(aa) to modify the license based on the results of the 
     program described in subclause (I); and
       ``(bb) at intervals of not more than 50 years; and

       ``(III) a program to ensure the ability of the repository 
     to retrieve, for a period of not less than 300 years 
     beginning on the date on which the repository first commences 
     operation, each quantity of spent nuclear fuel and high-level 
     radioactive waste stored at the repository.

       ``(ii) Authorized information.--An application to amend a 
     construction authorization for permission to receive and 
     possess spent nuclear fuel and high-level radioactive waste 
     shall not be required to contain--

       ``(I) any information that was included in an application 
     or considered by the Commission in connection with the 
     issuance of a construction authorization for the repository 
     for which authorization to receive and possess the spent 
     nuclear fuel and high-level radioactive waste is sought; or
       ``(II) any information that is required under subparagraph 
     (D) for an application relating to the permanent closure of 
     the repository.

       ``(iii) Requirements relating to authorization.--If the 
     Commission approves an application to amend a construction 
     authorization to receive and possess spent nuclear fuel and 
     high-level radioactive waste, the Commission shall impose 
     such requirements relating to the program, periodic 
     amendment, and retrievability as the Commission determines to 
     be appropriate.
       ``(D) Application to permanently close repository.--
       ``(i) Authority of secretary.--The Secretary may submit to 
     the Commission an application to permanently close the 
     repository.
       ``(ii) Contents.--An application to permanently close the 
     repository shall contain information that is sufficient to 
     demonstrate to the Commission that there is a reasonable 
     expectation that the health and safety of the public will be 
     adequately protected from any release generated by any 
     radioactive material disposed of in the repository in 
     accordance with each standard promulgated pursuant to section 
     801 of the Energy Policy Act of 1992 (42 U.S.C. 10141 note; 
     Public Law 102-486).''.

     SEC. 1812. APPLICATION PROCEDURES; INFRASTRUCTURE ACTIVITIES.

       Section 114 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10134) is amended by striking subsection (d) and 
     inserting the following:
       ``(d) Commission Action.--
       ``(1) Review of regulations.--The Commission shall review 
     and modify each applicable regulation promulgated by the 
     Commission as determined to be necessary by the Commission to 
     ensure that each application described in subsection (b)(2) 
     contains sufficient information for the Commission to 
     determine whether the repository could be operated for a 
     period of not less than 300 years beginning on the date on 
     which the repository first commences operation.
       ``(2) Approval process relating to application for 
     construction authorization.--
       ``(A) Application deadline.--Not later than June 30, 2008, 
     the Secretary shall submit to the Commission an application 
     for a construction authorization for a repository site.
       ``(B) Consideration.--The Commission shall consider the 
     application for a construction authorization in accordance 
     with the informal hearing process described in subpart L of 
     part 2 of chapter 1 of title 10, Code of Federal Regulations 
     (as in effect on January 1, 2006).
       ``(C) Authorization of construction.--Upon review and 
     consideration of an application for a construction 
     authorization, the Commission shall approve the application 
     if the Commission determines that there is a reasonable 
     expectation that the health and safety of the public will be 
     adequately protected for a period of not less than 300 years 
     beginning on the date on which the repository first commences 
     operation.
       ``(D) Final decision deadline.--
       ``(i) In general.--Except as provided in clause (ii), not 
     later than 3 years after the date on which the Secretary 
     submits to the Commission an application for a construction 
     authorization under subparagraph (A), the Commission shall 
     carry out all activities relating to the consideration of an 
     application for all or part of a repository, including--

       ``(I) a sufficiency review and docketing of the 
     application;
       ``(II) the completion of safety and environmental reviews;

[[Page 11694]]

       ``(III) the conduct of hearings; and
       ``(IV) the issuance of a final decision approving or 
     disapproving the issuance of a construction authorization.

       ``(ii) Exception.--The Commission may extend the deadline 
     described in clause (i) by a period of not more than 1 year 
     if, not less than 30 days before the date on which the 
     deadline occurs, the Commission complies with each reporting 
     requirement described in subsection (e)(2).
       ``(E) Administration.--In carrying out the actions required 
     by this section, the Commission shall--
       ``(i) issue such partial initial decisions as the 
     Commission determines to be appropriate to expedite the 
     review of applications described in subparagraph (A); and
       ``(ii) consider each application, in whole or in part, in 
     accordance with law applicable to the application.
       ``(3) Approval process relating to application to amend a 
     construction authorization to receive and possess spent 
     nuclear fuel and high-level radioactive waste.--
       ``(A) Submission of application.--If the Commission 
     approves an application for a construction authorization 
     under paragraph (2), not later than 90 days after the 
     effective date of the construction authorization, the 
     Secretary shall submit to the Commission an application to 
     amend the construction authorization to receive and possess 
     spent nuclear fuel and high-level radioactive waste.
       ``(B) Consideration.--
       ``(i) In general.--The Commission shall consider an 
     application to amend a construction authorization to receive 
     and possess spent nuclear fuel and high-level radioactive 
     waste in accordance with--

       ``(I) the informal hearing process described in subpart L 
     of part 2 of chapter 1 of title 10, Code of Federal 
     Regulations (as in effect on January 1, 2006); and
       ``(II) discovery procedures to minimize the burden of each 
     party of submitting to the Commission documents that the 
     Commission determines are not necessary for the Commission to 
     approve the application for an authorization to receive and 
     possess spent nuclear fuel and high-level radioactive waste.

       ``(ii) Matters resolved during approval of construction 
     authorization.--In considering an application to amend a 
     construction authorization to receive and possess spent 
     nuclear fuel and high-level radioactive waste under clause 
     (i), the Commission shall consider to be resolved each matter 
     resolved during the consideration by the Commission of the 
     construction authorization that is the subject of the 
     application.
       ``(C) Permission to receive and possess spent nuclear fuel 
     and high-level radioactive waste.--Upon review and 
     consideration of an application to amend a construction 
     authorization to receive and possess spent nuclear fuel and 
     high-level radioactive waste, the Commission shall approve 
     the application if the Commission determines that there is a 
     reasonable expectation that the health and safety of the 
     public will be adequately protected for a period of not less 
     than 300 years beginning on the date on which the repository 
     first commences operation.
       ``(D) Final decision deadline.--
       ``(i) In general.--Except as provided in clause (ii), not 
     later than 540 days after the date on which the Secretary 
     submits to the Commission an application to amend a 
     construction authorization to receive and possess spent 
     nuclear fuel and high-level radioactive waste under 
     subparagraph (A), the Commission shall issue a final decision 
     approving or disapproving the issuance of a license to 
     receive and possess spent nuclear fuel and high-level 
     radioactive waste.
       ``(ii) Exception.--The Commission may extend the deadline 
     described in clause (i) by a period of not more than 180 days 
     if, not less than 30 days before the date on which the 
     deadline occurs, the Commission complies with each reporting 
     requirement described in subsection (e)(2).
       ``(4) Review of regulations relating to applications for 
     permanent closure.--To conform the application process for 
     the permanent closure of the repository with the requirements 
     of this Act, the Commission shall review and modify each 
     regulation promulgated by the Commission relating to the 
     application process for the permanent closure of a 
     repository.
       ``(5) Infrastructure activities.--
       ``(A) Authority of secretary.--At any time before or after 
     the Commission issues a final decision on an application for 
     a construction authorization under paragraph (2), the 
     Secretary may carry out infrastructure activities that the 
     Secretary determines to be necessary or appropriate to 
     support the construction of a repository at the Yucca 
     Mountain site or transportation to the Yucca Mountain site of 
     spent nuclear fuel and high-level radioactive waste, 
     including--
       ``(i) safety upgrades;
       ``(ii) site preparation activities;
       ``(iii) the construction of--

       ``(I) a rail line to connect the Yucca Mountain site with 
     the national rail network; and
       ``(II) any facility necessary for the operation of the rail 
     line described in subclause (I); and

       ``(iv) the construction, upgrade, acquisition, or operation 
     of--

       ``(I) electrical grids or facilities;
       ``(II) related utilities;
       ``(III) communication facilities;
       ``(IV) access roads;
       ``(V) rail lines; and
       ``(VI) nonnuclear support facilities.

       ``(B) Compliance.--
       ``(i) In general.--Subject to clause (ii), in carrying out 
     any infrastructure activity under subparagraph (A), the 
     Secretary shall comply with each applicable requirement under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.).
       ``(ii) Authority of secretary.--If the Secretary determines 
     that an environmental impact statement, environmental 
     assessment, or other environmental analysis required under 
     the National Environmental Policy Act of 1969 (42 U.S.C. 4321 
     et seq.) is required in carrying out an infrastructure 
     activity under subparagraph (A), the Secretary shall not be 
     required to consider in that statement, assessment, or 
     analysis--

       ``(I) the need for the action;
       ``(II) any alternative action; or
       ``(III) any no-action alternative.

       ``(iii) Other federal agencies.--

       ``(I) In general.--If a Federal agency is required to 
     consider the potential environmental impact of an 
     infrastructure activity carried out under subparagraph (A), 
     the Federal agency shall, without further action, adopt, to 
     the maximum extent practicable, any environmental impact 
     statement, environmental assessment, or other environmental 
     analysis prepared by the Secretary.
       ``(II) Effect of adoption of statement.--The adoption by a 
     Federal agency of an environmental impact statement, 
     environmental assessment, or other environmental analysis 
     under subclause (I) shall satisfy each applicable 
     responsibility of the Federal agency relating to the 
     applicable infrastructure activity of the Federal agency 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).

       ``(C) Consideration by commission.--The Commission shall 
     not consider the fact that the Secretary has undertaken an 
     infrastructure activity under this paragraph as a factor in 
     determining whether to approve, deny, or condition an 
     application--
       ``(i) for a construction authorization;
       ``(ii) to amend a construction authorization to receive and 
     possess spent nuclear fuel and high-level radioactive waste; 
     or
       ``(iii) for any other action relating to the repository.
       ``(6) Procedures.--In reviewing applications under this 
     subsection, the Commission shall use procedures that ensure 
     the transparent review and resolution of key scientific and 
     technical issues in a timely manner.''.

     SEC. 1813. CONNECTED ACTIONS.

       Section 114(f)(6) of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10134(f)(6)) is amended--
       (1) by striking ``site, or'' and inserting ``site,''; and
       (2) by inserting before the period at the end the 
     following: ``, or any action related to construction or 
     operation of a rail transport system for transporting spent 
     nuclear fuel or high-level radioactive waste to the 
     repository''.

     SEC. 1814. WASTE CONFIDENCE.

       For purposes of a determination by the Commission on 
     whether to grant, amend, or renew any license to construct or 
     operate any civilian nuclear power reactor or high-level 
     radioactive waste or spent fuel storage or treatment facility 
     under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et 
     seq.)--
       (1) the obligation of the Secretary to develop a repository 
     in accordance with the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10101 et seq.) shall provide sufficient and 
     independent grounds for any further findings by the 
     Commission of reasonable assurances that spent nuclear fuel 
     and high-level radioactive waste would be disposed of safely 
     and in a timely manner; and
       (2) no consideration of the environmental impact of the 
     storage of spent nuclear fuel or high-level radioactive waste 
     on the site of the civilian nuclear power reactor or high-
     level radioactive waste or spent fuel storage or treatment 
     facility under the Atomic Energy Act of 1954 (42 U.S.C. 2011 
     et seq.), for the period following the term of the license 
     for the facility, shall be required in any environmental 
     impact statement, environmental assessment, environmental 
     analysis, or other analysis prepared in connection with the 
     issuance, amendment or renewal of a license to construct or 
     operate the facility.

     SEC. 1815. DEFINITION OF HIGH-LEVEL RADIOACTIVE WASTE.

       Section 2 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10101) is amended by striking paragraph (12) and 
     inserting the following:
       ``(12) High-level radioactive waste.--The term `high-level 
     radioactive waste' means--
       ``(A) the highly radioactive material resulting from the 
     reprocessing in the United States of spent nuclear fuel, 
     including liquid waste produced directly in reprocessing and 
     any solid material derived from such liquid waste that 
     contains fission products in sufficient concentrations;
       ``(B) the highly radioactive material described in section 
     3(b)(1)(D) of the Low-Level Radioactive Waste Policy Act (42 
     U.S.C. 2021c(b)(1)(D) resulting from the operation of 
     facilities licensed under section 103 or 104 of

[[Page 11695]]

     the Atomic Energy Act of 1954 (42 U.S.C. 2133, 2134); and
       ``(C) any other highly radioactive material that the 
     Commission, consistent with law, may determine by rule 
     requires permanent isolation.''.

                       Subtitle B--Administration

     SEC. 1821. AIR QUALITY PERMITS.

       Section 114 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10134) is amended by adding at the end the following:
       ``(g) Air Quality.--
       ``(1) In general.--The Administrator shall issue, 
     administer, and enforce any air quality permit or requirement 
     applicable to any facility under the jurisdiction of, or any 
     activity carried out by, a Federal agency that is subject to 
     the requirements of this Act.
       ``(2) Preemption of state laws.--No State or political 
     subdivision of a State may issue, administer, or enforce any 
     air quality permit or requirement applicable to any facility 
     under the jurisdiction of, or any activity carried out by, a 
     Federal agency that is subject to the requirements of this 
     Act.''.

     SEC. 1822. EXPEDITED AUTHORIZATIONS.

       Section 120 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10140) is amended--
       (1) in subsection (a)(1)--
       (A) in the first sentence, by inserting ``, or the conduct 
     of an infrastructure activity,'' after ``repository'';
       (B) by inserting ``, State, local, or tribal'' after 
     ``Federal'' each place it appears; and
       (C) in the second sentence, by striking ``repositories'' 
     and inserting ``a repository or infrastructure activity'';
       (2) in subsection (b), by striking ``, and may include 
     terms and conditions permitted by law''; and
       (3) by adding at the end the following:
       ``(c) Failure To Grant Authorization.--An agency or officer 
     that fails to grant authorization by the date that is 1 year 
     after the date of receipt of an application or request from 
     the Secretary subject to subsection (a) shall submit to 
     Congress a written report that explains the reason for the 
     failure to grant the authorization (or to reject the 
     application or request) by that date.
       ``(d) Treatment of Actions.--For the purpose of applying 
     any Federal, State, local, or tribal law or requirement, the 
     taking of an action relating to a repository or an 
     infrastructure activity shall be considered to be--
       ``(1) beneficial, and not detrimental, to the public 
     interest and interstate commerce; and
       ``(2) consistent with the public convenience and 
     necessity.''.

     SEC. 1823. APPLICABILITY OF LAW TO CERTAIN MATERIALS.

       Subtitle A of title I of the Nuclear Waste Policy Act of 
     1982 (42 U.S.C. 10131 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 126. APPLICABILITY OF LAW TO CERTAIN MATERIALS.

       ``Section 6001(a) of the Solid Waste Disposal Act (42 
     U.S.C. 6961(a)) shall not apply to--
       ``(1) any material, the title of which is in the possession 
     of the Secretary, if the material is transported or stored in 
     a package, cask, or other container that the Commission has 
     certified for transportation or storage of that type of 
     material; or
       ``(2) any material located at the Yucca Mountain site for 
     disposal if the management and disposal of the material is 
     managed or disposed of in accordance with a license issued by 
     the Commission.''.

     SEC. 1824. AGREEMENT WITH STATE OF NEVADA.

       Section 170 of the Nuclear Waste Policy Act of 1982 (42 
     U.S.C. 10173) is amended by striking subsection (c) and 
     inserting the following:
       ``(c) Agreement With State of Nevada.--
       ``(1) Agreement.--
       ``(A) In general.--The Secretary shall offer to enter into 
     a benefits agreement with the Governor of the State of Nevada 
     (referred to in this subsection as the `State').
       ``(B) Consultation.--A benefits agreement under this 
     paragraph shall be negotiated in consultation with affected 
     units of local government in the State.
       ``(C) Requirement.--A benefits agreement under this 
     paragraph shall require that no funds received under the 
     benefits agreement shall be used to finance, promote, or 
     assist any activity the goal or effect of which is to slow, 
     interrupt, or prevent the licensing, construction, or 
     operation of a geological repository at Yucca Mountain in the 
     State.
       ``(2) Payments.--Subject to paragraph (3), the Secretary 
     may pay to the State, pursuant to a benefits agreement under 
     paragraph (1)--
       ``(A) $100,000,000 for each fiscal year during the period 
     beginning on the date on which a license application to build 
     a geological repository in the State is submitted to 
     Secretary and ending on the date on which the license is 
     granted;
       ``(B) $250,000,000 for each fiscal year during the 
     construction phase of the approved geological repository; and
       ``(C) $500,000,000 for each fiscal year beginning after the 
     date on which spent nuclear fuel is initially stored in the 
     approved geological repository.
       ``(3) Conditions.--
       ``(A) Source of funds.--The Secretary shall use only 
     amounts in the Low- and Zero-Carbon Electricity Technology 
     Fund established by section 902 of the Lieberman-Warner 
     Climate Security Act of 2008 to make payments to the State 
     pursuant to paragraph (2).
       ``(B) Prohibition.--No amounts in the Nuclear Waste Fund 
     established by section 302(c) shall be used to make payments 
     to the State pursuant to paragraph (2).
       ``(C) Distribution to affected units of local government.--
     Of the amount of funds made available to the State for a 
     fiscal year under paragraph (2), the State shall provide--
       ``(i) 5 percent of the amount to Nye County; and
       ``(ii) 5 percent of the amount to other affected units of 
     local government.''.

     SEC. 1825. AUTHORITY FOR NEW STANDARD CONTRACTS.

       Section 302(a)(5) of the Nuclear Waste Policy Act of 1982 
     (42 U.S.C. 10222(a)(5)) is amended--
       (1) by redesignating subparagraphs (A) and (B) as clauses 
     (i) and (ii), respectively, and indenting appropriately;
       (2) by striking ``(5) Contracts'' and inserting the 
     following:
       ``(5) Requirements relating to contracts.--
       ``(A) In general.--Subject to subparagraph (B), a 
     contract''; and
       (3) by adding at the end the following:
       ``(B) Civilian nuclear power reactors.--After the date of 
     enactment of the Nuclear Waste Policy Amendments Act of 2008, 
     for any civilian nuclear power reactor for which a license 
     application is filed with the Commission in accordance with 
     section 103 or 104 of the Atomic Energy Act of 1954 (42 
     U.S.C. 2133, 2134), a contract under this section shall--
       ``(i) not later than 60 days after the date on which the 
     Commission dockets the license application, be entered into 
     by the Secretary;
       ``(ii) be consistent with the standard contract for 
     disposal of spent nuclear fuel and/or high-level radioactive 
     waste described in section 961.11 of title 10, Code of 
     Federal Regulations (as in effect on January 1, 2006);
       ``(iii) require that not later than 35 years after the date 
     on which the civilian nuclear power reactor first commences 
     commercial operation, the Secretary take title to, transport, 
     and dispose of the spent nuclear fuel or high-level 
     radioactive waste of the civilian nuclear power reactor; and
       ``(iv) not contain any provision that provides for the 
     adjustment of the 1.0 mil per kilowatt-hour fee established 
     by paragraph (2).''.
                                 ______
                                 
  SA 4932. Mr. CRAIG (for himself, Mr. Domenici, Mr. Barrasso, Mr. 
Allard, and Mr. Crapo) submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 16, strike lines 19 through 24 and insert the 
     following:
       (1) Additional; additionality.--
       (A) In general.--The terms ``additional'' and 
     ``additionality'' mean the extent to which reductions in 
     greenhouse gas emissions or increases in sequestration are 
     incremental to business-as-usual, measured as the difference 
     between--
       (i) baseline greenhouse gas fluxes of an offset project; 
     and
       (ii) greenhouse gas fluxes of the offset project.
       (B) Biological sequestration.--The terms ``additional'' and 
     ``additionality'' mean, with respect to biological 
     sequestration, the extent to which reductions in greenhouse 
     gas emissions or increases in sequestration are incremental 
     to the baseline, measured as the difference between--
       (i) the baseline established for the applicable base year; 
     and
       (ii) verified net changes in greenhouse gases or carbon 
     stocks.
       On page 25, lines 20 and 21, strike ``sections 1313(a) and 
     1314(b)'' and insert ``section 1313(a)''.
       Beginning on page 74, strike line 6 through 9 and insert 
     the following:

         TITLE III--REDUCING EMISSIONS THROUGH DOMESTIC OFFSETS

       On page 78, lines 4 and 5, strike ``international 
     allowances under section 322 and''.
       On page 84, strike lines 7 through 14 and insert the 
     following:
       (B) changes in carbon stocks attributed to land use change 
     and forestry activities, including--
       (i) afforestation or reforestation of acreage not forested 
     as of October 18, 2007;
       (ii) sustainably managed forests resulting in positive 
     changes in carbon stocks, including--

       (I) long-lived wood products in use for a period of at 
     least 100 years; and
       (II) wood stored in landfills in accordance with guidelines 
     established pursuant to section 1605(b) of the Energy Policy 
     Act of 1992 (42 U.S.C. 13385(b)); and

       (iii) conservation of grassland and forested land;
       On page 98, line 7, strike ``and''.
       On page 98, between lines 7 and 8, insert the following:

[[Page 11696]]

       (C) guidelines established pursuant to section 1605(b) of 
     the Energy Policy Act of 1992 (42 U.S.C. 13385(b)) for use in 
     the quantification of forestry and agriculture offsets; and
       On page 98, line 8, strike ``(C)'' and insert ``(D)''.
       On page 98, strike lines 20 through 23 and insert the 
     following:
       (B) except in any case in which a forest is managed under a 
     third-party certification system (including but not limited 
     to, the Sustainable Forestry Initiative, the Forest 
     Stewardship Council, and the American Tree Farm System), 
     require that leakage be subtracted from reductions, 
     destruction, avoidance in greenhouse gas emissions or 
     increases in sequestration attributable to a project.
       Beginning on page 98, strike line 24 and all that follows 
     through page 99, line 18, and insert the following:
       (2) Additionality determination and baseline estimation.--
     The standardized methods used to determine additionality and 
     establish baselines shall, for each project type, at a 
     minimum--
       (A) in the case of a biological sequestration project, 
     determine the greenhouse gas flux or change in carbon stocks 
     using a base year as the baseline carbon stocks, to be 
     established using forest and agriculture inventory 
     quantification methods in accordance with section 1605(b) of 
     the Energy Policy Act of 1992 (42 U.S.C. 13385(b));
       (B) in the case of an emission reduction project, use as a 
     basis emissions from comparable land or facilities; and
       (C) in the case of a sequestration project or emission 
     reduction project, specify a selected time period.
       On page 112, between lines 2 and 3, insert the following:

     SEC. 312. DOMESTIC FORESTRY CARBON MANAGEMENT TOOLS.

       (a) Definition of Renewable Biomass.--Section 211(o)(1) of 
     the Clean Air Act (42 U.S.C. 7545(o)(1)) is amended by 
     striking subparagraph (I) and inserting the following:
       ``(I) Renewable biomass.--The term `renewable biomass' 
     means--
       ``(i) planted crops and crop residue harvested from 
     agricultural land cleared or cultivated at any time prior to 
     the date of enactment of the Lieberman-Warner Climate 
     Security Act of 2008 that is--

       ``(I) actively managed; or
       ``(II) fallow and nonforested;

       ``(ii) renewable materials (such as trees, wood, brush, 
     thinnings, chips, and slash) that--

       ``(I) are removed--

       ``(aa) to reduce hazardous fuels;
       ``(bb) to reduce or contain disease or insect infestation; 
     or
       ``(cc) to restore forest health;

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

       ``(aa) applicable land management plans; and
       ``(bb) the requirements for old-growth maintenance, 
     restoration, and management direction of paragraphs (2), (3), 
     and (4) of subsection (e) and the requirements for large-tree 
     retention of subsection (f) of section 102 of the Healthy 
     Forests Restoration Act of 2003 (16 U.S.C. 6512); or
       ``(iii) renewable materials (such as trees, wood, brush, 
     thinnings, chips, and slash) that are removed from non-
     Federal forest land or from forest land belonging to an 
     Indian tribe, or an Indian individual, that is held in trust 
     by the United States or subject to a restriction against 
     alienation imposed by the United States, including--

       ``(I) animal waste and byproducts (including fats, oils, 
     greases, and manure);
       ``(II) algae; and
       ``(III) separated yard waste or food waste, including 
     recycled cooking and trap grease.''.

       (b) Tax Credit Rate Parity for Open-Loop Biomass 
     Facilities.--
       (1) In general.--Section 45(b)(4)(A) of the Internal 
     Revenue Code of 1986 (relating to credit rate) is amended by 
     striking ``(3),''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to electricity produced and sold in calendar 
     years beginning after the date of the enactment of this Act.
       (c) Stewardship End-Result Contracting Projects.--Section 8 
     of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2104) is amended--
       (1) by redesignating subsection (h) as subsection (j) and 
     moving that subsection so as to appear at the end of the 
     section; and
       (2) by inserting after subsection (g) the following:
       ``(h) Cancellation or Termination Costs.--
       ``(1) In general.--Notwithstanding section 304B of the 
     Federal Property and Administrative Services Act of 1949 (41 
     U.S.C. 254c) or any other provision of law, the Secretary 
     shall not obligate funds to cover the cost of cancelling a 
     Forest Service stewardship multiyear contract under section 
     347 of the Department of the Interior and Related Agencies 
     Appropriations Act, 1999 (16 U.S.C. 2104 note; section 101(e) 
     of division A of Public Law 105-277) until the contract is 
     cancelled.
       ``(2) Cost of cancellation or termination.--The costs of 
     any cancellation or termination of a multiyear stewardship 
     contract may be paid from any appropriations that are made 
     available to the Forest Service.
       ``(3) Anti-deficiency act violations.--In a case in which 
     payment or obligation of funds under this subsection would 
     constitute a violation of section 1341 of title 31, United 
     States Code (commonly known as the `Anti-Deficiency Act'), 
     the Secretary shall seek a supplemental appropriation.''.
       Beginning on page 112, strike line 3 and all that follows 
     through page 116, line 16.
       On page 150, strike lines 15 through 22 and insert the 
     following:
       (3) Increase the quantity of offset allowances.
                                 ______
                                 
  SA 4933. Mr. CRAIG (for himself and Mr. Inhofe) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

               TITLE XVIII--NEXT GENERATION NUCLEAR PLANT

     SEC. 1801. NEXT GENERATION NUCLEAR PLANT PROJECT 
                   MODIFICATIONS.

       (a) Project Establishment.--Section 641 of the Energy 
     Policy Act of 2005 (42 U.S.C. 16021) is amended--
       (1) in subsection (a)--
       (A) by striking the subsection designation and heading and 
     all that follows through ``The Secretary'' and inserting the 
     following:
       ``(a) Establishment and Objective.--
       ``(1) Establishment.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Objective.--
       ``(A) Definition of high-temperature, gas-cooled nuclear 
     energy technology.--In this paragraph, the term `high-
     temperature, gas-cooled nuclear energy technology' means any 
     nongreenhouse gas-emitting nuclear energy technology that 
     provides--
       ``(i) an alternative to the burning of fossil fuels for 
     industrial applications; and
       ``(ii) process heat to generate, for example, electricity, 
     steam, hydrogen, and oxygen for activities such as--

       ``(I) petroleum refining;
       ``(II) petrochemical processes;
       ``(III) converting coal to synfuels and other hydrocarbon 
     feedstocks; and
       ``(IV) desalination.

       ``(B) Description of objective.--The objective of the 
     Project shall be to carry out demonstration projects for the 
     development, licensing, and operation of high-temperature, 
     gas-cooled nuclear energy technologies to support 
     commercialization of those technologies.
       ``(C) Requirements.--The functional, operational, and 
     performance requirements for high-temperature, gas-cooled 
     nuclear energy technologies shall be determined by the needs 
     of marketplace industrial end-users (such as owners and 
     operators of nuclear energy facilities, petrochemical 
     entities, and petroleum entities), as projected for the 40-
     year period beginning on the date of enactment of this 
     paragraph.''; and
       (2) in subsection (b)--
       (A) in the matter preceding paragraph (1), by inserting 
     ``licensing,'' after ``design,'';
       (B) in paragraph (1), by striking ``942(d)'' and inserting 
     ``952(d)''; and
       (C) by striking paragraph (2) and inserting the following:
       ``(2) demonstrates the capability of the nuclear energy 
     system to provide high-temperature process heat to produce--
       ``(A) electricity, steam, and other heat transport fluids; 
     and
       ``(B) hydrogen and oxygen, separately or in combination.''.
       (b) Project Management.--Section 642 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16022) is amended to read as follows:

     ``SEC. 642. PROJECT MANAGEMENT.

       ``(a) Departmental Management.--
       ``(1) In general.--The Project shall be managed in the 
     Department by the Office of Nuclear Energy.
       ``(2) Generation iv nuclear energy systems initiative.--
       ``(A) In general.--Subject to subparagraph (B), the Project 
     may be carried out in coordination with the Generation IV 
     Nuclear Energy Systems Initiative.
       ``(B) Requirement.--Regardless of whether the Project is 
     carried out in coordination with the Generation IV Nuclear 
     Energy Systems Initiative under subparagraph (A), the 
     Secretary shall establish a separate budget line-item for the 
     Project.
       ``(3) Interaction with industry.--Any activity to support 
     the Project by an individual or entity in the private 
     industry shall be carried out pursuant to a competitive 
     cooperative agreement or other assistance agreement (such as 
     a technology investment agreement) between the Department and 
     the industry group established under subsection (c).
       ``(b) Laboratory Management.--

[[Page 11697]]

       ``(1) In general.--The Idaho National Laboratory shall be 
     the lead National Laboratory for the Project.
       ``(2) Collaboration.--The Idaho National Laboratory shall 
     collaborate regarding research and development activities 
     with other National Laboratories, institutions of higher 
     education, research institutes, representatives of industry, 
     international organizations, and Federal agencies to support 
     the Project.
       ``(c) Industry Group.--
       ``(1) Establishment.--The Secretary shall establish a group 
     of appropriate industrial partners in the private sector to 
     carry out cost-shared activities with the Department to 
     support the Project.
       ``(2) Cooperative agreement.--
       ``(A) In general.--The Secretary shall offer to enter into 
     a cooperative agreement or other assistance agreement with 
     the industry group established under paragraph (1) to manage 
     and support the development, licensing, construction, and 
     initial operation of the Project.
       ``(B) Requirement.--The agreement under subparagraph (A) 
     shall contain a provision under which the industry group may 
     enter into contracts with entities in the public sector for 
     the provision of services and products to that sector that 
     reflect typical commercial practices regarding terms and 
     conditions for risk, accountability, performance, and 
     quality.
       ``(C) Project management.--
       ``(i) In general.--The industry group shall use commercial 
     practices and project management processes and tools in 
     carrying out activities to support the Project.
       ``(ii) Interface requirements.--The requirements for 
     interface between the project management requirements of the 
     Department (including the requirements contained in the 
     document of the Department numbered DOE O 413.3A and entitled 
     `Program and Project Management for the Acquisition of 
     Capital Assets') and the commercial practices and project 
     management processes and tools described in clause (i) shall 
     be defined in the agreement under subparagraph (A).
       ``(3) Cost sharing.--Activities of industrial partners 
     funded by the Project shall be cost-shared in accordance with 
     section 988.
       ``(4) Preference.--Preference in determining the final 
     structure of industrial partnerships under this part shall be 
     given to a structure (including designating as a lead 
     industrial partner an entity incorporated in the United 
     States) that retains United States technological leadership 
     in the Project while maximizing cost sharing opportunities 
     and minimizing Federal funding responsibilities.
       ``(d) Prototype Plant Siting.--The prototype nuclear 
     reactor and associated plant shall be sited at the Idaho 
     National Laboratory in Idaho.
       ``(e) Reactor Test Capabilities.--The Project shall use, if 
     appropriate, reactor test capabilities at the Idaho National 
     Laboratory.
       ``(f) Other Laboratory Capabilities.--The Project may use, 
     if appropriate, facilities at other National Laboratories.''.
       (c) Project Organization.--Section 643 of the Energy Policy 
     Act of 2005 (42 U.S.C. 16023) is amended--
       (1) in subsection (a)(2), by inserting ``transport and'' 
     before ``conversion'';
       (2) in subsection (b)--
       (A) in paragraph (1)--
       (i) by striking subparagraph (C); and
       (ii) by redesignating subparagraphs (A), (B), and (D) as 
     clauses (i), (ii), and (iii), respectively, and indenting the 
     clauses appropriately;
       (B) in paragraph (2)--
       (i) in subparagraph (B), by striking ``, through a 
     competitive process,'';
       (ii) in subparagraph (C), by striking ``reactor'' and 
     inserting ``energy system'';
       (iii) in subparagraph (D), by striking ``hydrogen or 
     electricity'' and inserting ``energy transportation, 
     conversion, and''; and
       (iv) by redesignating subparagraphs (A) through (D) as 
     clauses (i) through (iv), respectively, and indenting the 
     clauses appropriately;
       (C) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively, and indenting the 
     subparagraphs appropriately;
       (D) by striking ``The Project shall be'' and inserting the 
     following:
       ``(1) In general.--The Project shall be''; and
       (E) by adding at the end the following:
       ``(2) Overlapping phases.--The phases described in 
     paragraph (1) may overlap for the Project or any portion of 
     the Project, as necessary.''; and
       (3) in subsection (c)--
       (A) in paragraph (1)(A), by striking ``powerplant'' and 
     inserting ``power plant'';
       (B) in paragraph (2), by adding at the end the following:
       ``(E) Industry group.--The industry group established under 
     section 642(c) may enter into any necessary contracts for 
     services, support, or equipment in carrying out an agreement 
     with the Department.''; and
       (C) in paragraph (3)--
       (i) in the paragraph heading, by striking ``research'';
       (ii) in the matter preceding subparagraph (A), by striking 
     ``Research'';
       (iii) by striking ``NERAC'' each place it appears and 
     inserting ``NEAC'';
       (iv) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) review program plans for the Project prepared by the 
     Office of Nuclear Energy and all progress under the Project 
     on an ongoing basis; and'';
       (v) in subparagraph (B), by striking ``or appoint'' and 
     inserting ``by appointing''; and
       (vi) in subparagraph (D)--

       (I) by striking ``On a determination'' and inserting the 
     following:

       ``(i) In general.--On a determination'';

       (II) in clause (i) (as designated by subclause (I))--

       (aa) by striking ``subsection (b)(1)'' and inserting 
     ``subsection (b)(1)(A)''; and
       (bb) by striking ``subsection (b)(2)'' and inserting 
     ``subsection (b)(1)(B)''; and

       (III) by adding at the end the following:

       ``(ii) Scope.--The scope of the review conducted under 
     clause (i) shall be in accordance with an applicable 
     cooperative agreement or other assistance agreement (such as 
     a technology investment agreement) between the Secretary and 
     the industry group established under section 642(c).''.
       (d) Nuclear Regulatory Commission.--Section 644 of the 
     Energy Policy Act of 2005 (42 U.S.C. 16024) is amended--
       (1) in subsection (b)--
       (A) by redesignating paragraphs (1) through (4) as 
     subparagraphs (A) through (D), respectively, and indenting 
     the subparagraphs appropriately;
       (B) by striking ``Not later than'' and inserting the 
     following:
       ``(1) In general.--Not later than''; and
       (C) by adding at the end the following:
       ``(2) Requirement.--To the maximum extent practicable, in 
     carrying out subparagraphs (B) and (C) of paragraph (1), the 
     Nuclear Regulatory Commission shall independently review and, 
     as appropriate, use the results of analyses conducted for or 
     by the license applicant.''; and
       (2) by striking subsection (c) and inserting the following:
       ``(c) Ongoing Interaction.--The Nuclear Regulatory 
     Commission shall establish a separate program office for 
     advanced reactors--
       ``(1) to develop and implement regulatory requirements 
     consistent with the safety bases of the type of nuclear 
     reactor developed by the Project, with the specific objective 
     that the requirements shall be applied to follow-on 
     commercialized high-temperature, gas-cooled nuclear reactors;
       ``(2) to avoid conflicts in the availability of resources 
     with licensing activities for light water reactors;
       ``(3) to focus and develop resources of the Nuclear 
     Regulatory Commission for the review of advanced reactors;
       ``(4) to support the effective and timely review of 
     preapplication activities and review of applications to 
     support applicant needs; and
       ``(5) to provide for the timely development of regulatory 
     requirements, including through the preapplication process, 
     and review of applications for advanced technologies, such as 
     high-temperature, gas-cooled nuclear technology systems.''.
       (e) Project Timelines and Authorization of 
     Appropriations.--Section 645 of the Energy Policy Act of 2005 
     (42 U.S.C. 16025) is amended--
       (1) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Summary of Agreement.--Not later than December 31, 
     2009, the Secretary shall submit to Congress a report that 
     contains a summary of each cooperative agreement or other 
     assistance agreement (such as a technology investment 
     agreement) entered into between the Secretary and the 
     industry group under section 642(a)(3), including a 
     description of the means by which the agreement will provide 
     for successful completion of the development, design, 
     licensing, construction, and initial operation and 
     demonstration period of the prototype facility of the 
     Project.
       ``(b) Overall Project Plan.--
       ``(1) In general.--Not later than December 31, 2009, the 
     Secretary shall submit to Congress an overall plan for the 
     Project, to be prepared jointly by the Secretary and the 
     industry group established under section 642(c), pursuant to 
     a cooperative agreement or other assistance agreement (such 
     as a technology investment agreement).
       ``(2) Inclusions.--The plan under paragraph (1) shall 
     include--
       ``(A) a summary of the schedule for the design, licensing, 
     construction, and initial operation and demonstration period 
     for the nuclear energy system prototype facility and hydrogen 
     production prototype facility of the Project;
       ``(B) the process by which a specific design for the 
     prototype nuclear energy system facility and hydrogen 
     production facility will be selected;
       ``(C) the specific licensing strategy for the Project, 
     including--
       ``(i) resource requirements of the Nuclear Regulatory 
     Commission; and
       ``(ii) the schedule for the submission of a preapplication, 
     the submission of an application, and application review for 
     the prototype nuclear energy system facility of the Project;

[[Page 11698]]

       ``(D) a summary of the schedule for each major event 
     relating to the Project; and
       ``(E) a time-based cost and cost-sharing profile to support 
     planning for appropriations.''; and
       (2) in subsection (d), in the matter preceding paragraph 
     (1), by striking ``research and construction activities'' and 
     inserting ``research and development, design, licensing, 
     construction, and initial operation and demonstration 
     activities''.
                                 ______
                                 
  SA 4934. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 475, between lines 5 and 6, insert the following:
       (d) Effective Period.--
       (1) In general.--This Act and the amendments made by this 
     Act shall not take effect until the later of--
       (A) the date on which the National Academy of Sciences 
     submits to the Administrator and Congress a certification 
     that the National Academy of Sciences has determined, with 
     not less than 90 percent certainty, that the implementation 
     of this Act will reduce global average temperature by not 
     less than 0.5 degrees Celsius by January 1, 2050, as compared 
     to the global average temperature that would have existed on 
     that date in the absence of this Act; and
       (B) the date on which the Administrator certifies that the 
     cost of implementing this Act will not exceed the ratio 
     that--
       (i) $10,000,000,000,000 in reduced gross domestic product 
     of the United States; bears to
       (ii) the total number of degrees of globally averaged 
     temperature increase avoided by 2050.
       (2) Termination.--The authorities provided by this Act and 
     the amendments made by this Act shall terminate on the date 
     that is 10 years after the date of enactment of this Act if 
     the Administrator determines that China or India has not 
     adopted a climate change proposal similar in scope and effect 
     to this Act by that date.
                                 ______
                                 
  SA 4935. Mr. CARDIN (for himself, Mr. Alexander, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 474, line 14, strike ``and''.
       On page 475, strike line 5 and insert the following:

     ties of the covered entities; and
       (12) the energy policy of the United States, including--
       (A) a review of relevant analyses of the current and long-
     term energy policies of, and conditions in, the United 
     States;
       (B) an identification of the sources and trends, by country 
     of origin, of energy used by the United States;
       (C) an identification of problems that might threaten the 
     achievement by the United States of long-term energy policy 
     goals, including energy independence;
       (D) an analysis of potential solutions to problems that 
     threaten the long-term ability of the United States to 
     achieve those energy policy goals; and
       (E) recommendations to ensure, to the maximum extent 
     practicable, that the energy policy goals of the United 
     States are achieved.
                                 ______
                                 
  SA 4936. Mr. CARDIN (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title XII, add the following:

                    Subtitle E--Climate Science Fund

     SEC. 1241. CLIMATE SCIENCE FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Climate 
     Science Fund'' (referred to in this section as the ``Fund'').
       (b) Purposes.--The purposes of the Fund shall be--
       (1) to support focused research initiatives directed toward 
     the assimilation of climate monitoring observations into 
     research and operational models for climate, weather, and 
     ecosystems;
       (2) to expand global data collection, monitoring, and 
     analysis activities of the atmosphere, oceans, cryosphere, 
     land cover and use, and terrestrial and freshwater 
     ecosystems--
       (A) to provide continuous, reliable, useable, and 
     accessible information on--
       (i) the state, change, and variability of the climate 
     system; and
       (ii) the response of the biosphere; and
       (B) for the purposes of--
       (i) prediction of climate and weather, and the ecological 
     response of those changes; and
       (ii) the reduction of uncertainties in that prediction;
       (3) to design, deploy, and maintain hydrologic and ecologic 
     observing systems suitable for detecting climate change and 
     the influence of climate change on water and natural 
     resources;
       (4) to strengthen global, regional, and local data 
     collection and monitoring of greenhouse gas concentrations 
     and aerosol concentrations--
       (A) for the purpose of verifying greenhouse gas levels; and
       (B) to reduce uncertainties associated with interannual 
     variability in the global carbon cycle and the radiative 
     influence of other atmospheric constituents in the forcing of 
     climate change;
       (5) to maintain and enhance regional and local ground 
     observing networks for the purposes of--
       (A) developing and maintaining long-term climate records;
       (B) climate monitoring; and
       (C) predicting climate and weather patterns;
       (6) to strengthen intergovernmental coordination for 
     environmental data acquisition, archiving, and dissemination;
       (7) to improve the use of climate information for 
     decisionmaking through an integrated program of research and 
     assessment that--
       (A) transitions research to operations and operational 
     production; and
       (B) delivers local and regional climate services that can 
     be used to enhance adaptive management options;
       (8) to support emerging climate science research priorities 
     identified by the Committee on Environment and Natural 
     Resources; and
       (9) to increase funding for--
       (A) climate and ocean observing systems;
       (B) ground-based terrestrial and freshwater aquatic long-
     term monitoring systems;
       (C) atmospheric and deposition monitoring networks;
       (D) data quality control, storage, and access; and
       (E) climate and environmental modeling workforce 
     development.
       (c) Submission of Global Change Research Program Budget 
     Requirements to Administrator.--Not later than 1 year after 
     the date of enactment of this Act, and annually thereafter, 
     the National Science and Technology Council, in consultation 
     with the Committee on Environment and Natural Resources, 
     shall submit to the Administrator the budget requirements for 
     global change research in the United States for each fiscal 
     year.
       (d) Deposits in Fund.--Not later than 330 days before the 
     beginning of each of calendar years 2012 through 2050, the 
     Administrator shall--
       (1) auction a quantity of the emission allowances 
     established for that calendar year pursuant to section 201(a) 
     sufficient to generate proceeds equal to the amount specified 
     in the budget submitted for the applicable fiscal year under 
     subsection (c); and
       (2) deposit those proceeds in the Fund.
       (e) Use of Funds.--Notwithstanding section 3302 of title 
     31, United States Code, the proceeds of auctions under this 
     section shall--
       (1) be credited as offsetting collections to carry out the 
     United States Global Change Research Program;
       (2) be available for expenditure only to pay the costs of 
     carrying out the United States Global Change Research 
     Program;
       (3) be available only to the extent provided in advance in 
     an appropriations Act; and
       (4) remain available until expended.
                                 ______
                                 
  SA 4937. Mr. CARDIN (for himself, Mr. Carper, and Mr. Warner) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 41, line 13, insert ``(including any designated 
     recipient (as defined in section 5307(a) of title 49, United 
     States Code) and any recipient or subrecipient (as defined in 
     section 5311(a) of title 49, United States Code))'' after 
     ``grants to entities''.
       On page 41, line 15, strike ``commercial''.
       On page 41, line 16, strike ``efficiency of those 
     commercial'' and insert ``efficiency and direct and indirect 
     greenhouse gas emissions of those''.
       On page 41, line 20, strike ``commercial''.
       On page 42, line 7, strike ``efficiency of a commercial'' 
     and insert ``efficiency and direct and indirect greenhouse 
     gas emissions of a''.
       On page 42, line 14, strike ``commercial''.
       On page 42, line 22, strike ``commercial''.
       On page 330, line 11, strike ``commercial''.
       On page 331, lines 5 and 6, strike ``commercial''.

[[Page 11699]]

       On page 331, line 7, insert ``and direct and indirect 
     greenhouse gas emissions'' after ``efficiency''.
       On page 331, line 10, strike ``commercial''.
       On page 331, line 18, insert ``and reductions of direct and 
     indirect greenhouse gas emissions'' after ``efficiency''.
       On page 331, line 23, strike ``commercial''.
                                 ______
                                 
  SA 4938. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Strike section 611, and insert the following:

     SEC. 611. PUBLIC TRANSPORTATION AND TRANSPORTATION 
                   ALTERNATIVES.

       (a) Transportation Sector Emission Reduction Fund.--There 
     is established in the Treasury of the United States a fund, 
     to be known as the ``Transportation Sector Emission Reduction 
     Fund''.
       (b) Auction of Allowances.--In accordance with subsections 
     (c) and (d), to fund awards for transportation alternatives 
     including public transportation and related activities, for 
     each of calendar years 2012 through 2050, the Administrator 
     shall auction a quantity of the emission allowances 
     established pursuant to section 201(a) for each calendar 
     year.
       (c) Number; Frequency.--For each calendar year during the 
     period described in subsection (b), the Administrator shall--
       (1) conduct not fewer than 4 auctions; and
       (2) schedule the auctions in a manner to ensure that--
       (A) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (B) the interval between each auction is of equal duration.
       (d) Quantities of Emission Allowances Auctioned.--For each 
     calendar year of the period described in subsection (b), the 
     Administrator shall auction a quantity of emission allowances 
     in accordance with the applicable percentages described in 
     the following table:


------------------------------------------------------------------------
                                                          Percentage for
                                                            auction for
                                                              public
                      Calendar Year                       transportation
                                                                and
                                                          transportation
                                                           alternatives
------------------------------------------------------------------------
2012....................................................           1
2013....................................................           1
2014....................................................           1
2015....................................................           1
2016....................................................           1
2017....................................................           1
2018....................................................           2
2019....................................................           2
2020....................................................           2
2021....................................................           2
2022....................................................           2.75
2023....................................................           2.75
2024....................................................           2.75
2025....................................................           2.75
2026....................................................           2.75
2027....................................................           2.75
2028....................................................           2.75
2029....................................................           2.75
2030....................................................           2.75
2031....................................................           2.75
2032....................................................           2.75
2033....................................................           2.75
2034....................................................           2.75
2035....................................................           2.75
2036....................................................           2.75
2037....................................................           2.75
2038....................................................           2.75
2039....................................................           2.75
2040....................................................           2.75
2041....................................................           2.75
2042....................................................           2.75
2043....................................................           2.75
2044....................................................           2.75
2045....................................................           2.75
2046....................................................           2.75
2047....................................................           2.75
2048....................................................           2.75
2049....................................................           2.75
2050....................................................           2.75
------------------------------------------------------------------------

       (e) Deposits.--The Administrator shall deposit all proceeds 
     of auctions conducted pursuant to subsections (b) and (c), 
     immediately on receipt of those proceeds, in the 
     Transportation Sector Emission Reduction Fund established by 
     subsection (a).
       (f) Use of Funds.--For each of calendar years 2012 through 
     2050, all funds deposited in the Transportation Sector 
     Emission Reduction Fund in the preceding year pursuant to 
     subsection (e) shall be made available, without further 
     appropriation or fiscal year limitation, for grants described 
     in subsections (g) through (i).
       (g) Grants to Provide for Additional and Improved Public 
     Transportation Service.--
       (1) In general.--Of the funds deposited in the 
     Transportation Sector Emission Reduction Fund each year 
     pursuant to subsection (e), 65 percent shall be distributed 
     to designated recipients (as defined in section 5307(a) of 
     title 49, United States Code) to maintain or improve public 
     transportation and associated measures through activities 
     eligible under that section, including--
       (A) planning activities;
       (B) transit enhancements, including pedestrian and bicycle 
     infrastructure;
       (C) improvements to lighting, heating, cooling, or 
     ventilation systems in stations and other facilities that 
     reduce direct or indirect greenhouse gas emissions;
       (D) adjustments to signal timing or other vehicle 
     controlling systems that reduce direct or indirect greenhouse 
     gas emissions;
       (E) purchasing or retrofitting rolling stock to improve 
     efficiency or reduce greenhouse gas emissions; and
       (F) improvements to energy distribution systems.
       (2) Distribution.--Of the proceeds of auctions conducted 
     under this section, the Administrator shall distribute under 
     paragraph (1)--
       (A) 60 percent in accordance with the formulas contained in 
     subsections (a) through (c) of section 5336 of title 49, 
     United States Code; and
       (B) 40 percent in accordance with the formula contained in 
     section 5340 of that title.
       (3) Terms and conditions.--A grant provided under this 
     subsection shall be to reduce direct or indirect greenhouse 
     gas emissions and be subject to the terms and conditions 
     applicable to a grant provided under section 5307 of title 
     49, United States Code.
       (4) Cost share.--The Federal share of cost of carrying out 
     an activity using a grant under this subsection shall be 
     determined in accordance with section 5307(e) of title 49, 
     United States Code.
       (h) Grants for Construction of New Public Transportation 
     Projects.--
       (1) In general.--Of the funds deposited in the 
     Transportation Sector Emission Reduction Fund each year 
     pursuant to subsection (e), 30 percent shall be distributed 
     to State and local government authorities, for design, 
     engineering, and construction of new fixed guideway transit 
     projects or extensions to existing fixed guideway transit 
     systems.
       (2) Applications.--Applications for grants under this 
     subsection shall be reviewed according to the process and 
     criteria established under section 5309(c) of title 49, 
     United States Code, for major capital investments and section 
     5309(d) of title 49, United States Code for other projects.
       (3) Terms and conditions.--Grant funds awarded under this 
     subsection shall be subject to the terms and conditions 
     applicable to a grant made under section 5309 of title 49, 
     United States Code.
       (i) Grants for Transportation Alternatives and Travel 
     Demand Reduction Projects.--
       (1) In general.--Of the funds deposited into the 
     Transportation Sector Emission Reduction Fund each year 
     pursuant to subsection (e), 5 percent shall be awarded to 
     designated recipients (as defined in section 5307(a) of title 
     49, United States Code) or State or local government 
     authorities, including regional planning organizations and 
     Metropolitan Planning Organizations, to assist in reducing 
     the direct and indirect greenhouse gas emissions of the 
     systems of the regional transportation sector, through--
       (A) programs to reduce vehicle miles traveled;
       (B) bicycle and pedestrian infrastructure, including trail 
     networks integrated with transportation plans or bicycle 
     mode-share targets;
       (C) programs to establish or expand telecommuting or car 
     pool projects that do not include new roadway capacity;
       (D) transportation and land-use scenario analyses and 
     stakeholder engagement to support development of integrated 
     transportation plans; and
       (E) improvements in travel and land-use data collection and 
     in travel models to better measure greenhouse gas emissions 
     and emissions reductions.
       (2) Distribution of funds.--
       (A) In general.--In determining the recipients of grants 
     under this subsection, applications shall be evaluated based 
     on the total direct and indirect greenhouse gas emissions 
     reductions that are projected to result from the project and 
     projected reductions as a percentage of the total direct and 
     indirect emissions of an entity using methods developed and 
     promulgated by the Administrator, in concert with the 
     Secretary of Transportation.
       (B) Methods.--The methods described in subparagraph (A) 
     shall be promulgated not later than 24 months after the date 
     of enactment of this Act.
       (3) Government share of costs.--The Federal share of the 
     cost of an activity funded using amounts made available under 
     this subsection may not exceed 80 percent of the cost of the 
     activity.

[[Page 11700]]

       (4) Terms and conditions.--Except to the extent 
     inconsistent with the terms of this subsection, grant funds 
     awarded under this subsection shall be subject to the terms 
     and conditions applicable to a grant made under section 5307 
     of title 49, United States Code.
       (j) Condition for Receipt of Funds.--To be eligible to 
     receive funds under this section, projects or activities must 
     be part of an integrated State-wide, regional, or local 
     transportation plan that shall--
       (1) include all modes of surface transportation;
       (2) utilize integrated transportation data collection, 
     monitoring, planning, and modeling methods that consider land 
     use and account for non-motorized and sub-zone trips;
       (3) report every three years on estimated direct and 
     indirect transportation sector greenhouse gas emissions;
       (4) be designed to reduce greenhouse gas emissions from the 
     transportation sector through setting specific reduction 
     targets, managing motor vehicle usage; and
       (5) be certified by the Administrator as consistent with 
     the purposes of this Act.
       (k) Transportation Sector Technical Capacity and 
     Standards.--
       (1) Study.--Not later than 180 days after the date of 
     enactment of this Act, to maximize greenhouse gas emission 
     reductions from the transportation sector--
       (A) the National Academy of Sciences Transportation 
     Research Board shall submit to the Administrator and the 
     Secretary of Transportation a report containing 
     recommendations for improving research and tools to assess 
     the effect of transportation plans and land use plans on 
     motor vehicle usage rates and transportation sector 
     greenhouse gas emissions; and
       (B) the Comptroller General of the United States shall 
     submit to the Administrator and the Secretary of 
     Transportation a report describing any shortcomings of 
     current government data sources necessary--
       (i) to assess greenhouse gas emissions from the 
     transportation sector; and
       (ii) to establish plans and policies to effectively reduce 
     greenhouse gas emissions from the transportation sector.
       (2) Technical standards.--Not later than 2 years after the 
     date of enactment of this Act, based on any recommendations 
     contained in the reports submitted under paragraph (1), the 
     Administrator and the Secretary of Transportation shall 
     promulgate standards for transportation data collection, 
     monitoring, planning, and modeling.
                                 ______
                                 
  SA 4939. Mr. CARDIN submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 196, strike line 15 and all that follows 
     through page 198, line 16.

       Beginning on page 223, strike the table that follows line 
     11 and insert the following:


------------------------------------------------------------------------
                                                          Percentage for
                                                            auction for
                      Calendar Year                           public
                                                          transportation
------------------------------------------------------------------------
2012....................................................           3
2013....................................................           3
2014....................................................           3
2015....................................................           3
2016....................................................           3
2017....................................................           3
2018....................................................           3
2019....................................................           3
2020....................................................           3
2021....................................................           3
2022....................................................           3.75
2023....................................................           3.75
2024....................................................           3.75
2025....................................................           3.75
2026....................................................           3.75
2027....................................................           3.75
2028....................................................           3.75
2029....................................................           3.75
2030....................................................           3.75
2031....................................................           2.75
2032....................................................           2.75
2033....................................................           2.75
2034....................................................           2.75
2035....................................................           2.75
2036....................................................           2.75
2037....................................................           2.75
2038....................................................           2.75
2039....................................................           2.75
2040....................................................           2.75
2041....................................................           2.75
2042....................................................           2.75
2043....................................................           2.75
2044....................................................           2.75
2045....................................................           2.75
2046....................................................           2.75
2047....................................................           2.75
2048....................................................           2.75
2049....................................................           2.75
2050....................................................           2.75.
------------------------------------------------------------------------

                                 ______
                                 
  SA 4940. Mr. SMITH (for himself, Mr. Wyden, Ms. Cantwell, and Mr. 
Warner) submitted an amendment intended to be proposed by him to the 
bill S. 3036, to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 290, strike line 16 and all that follows 
     through page 291, line 4 and insert the following:
       (a) Definitions.--In this section:
       (1) Marine and hydrokinetic renewable energy.--
       (A) In general.--The term ``marine and hydrokinetic 
     renewable energy'' means energy derived from--
       (i) waves, tides, and currents in oceans, estuaries, and 
     tidal areas;
       (ii) free-flowing water in rivers, lakes, and streams;
       (iii) free flowing water in an irrigation system, canal, or 
     other man-made channel, including projects that use 
     nonmechanical structures to accelerate the flow of water for 
     electric power production purposes; or
       (iv) differentials in ocean temperature (ocean thermal 
     energy conversion).
       (B) Exceptions.--The term ``marine and hydrokinetic 
     renewable energy'' does not include any energy that is 
     derived from any source that uses a dam, diversionary 
     structure (except as provided in subparagraph (A)(iii)), or 
     impoundment for electric power production purposes.
       (2) Nonhydroelectric dam.--
       (A) In general.--The term ``nonhydroelectric dam'' means 
     any nonhydroelectric dam if--
       (i) the hydroelectric project installed on the 
     nonhydroelectric dam is licensed by the Federal Energy 
     Regulatory Commission and meets all other applicable 
     environmental, licensing, and regulatory requirements;
       (ii) the nonhydroelectric dam was placed in service before 
     the date of the enactment of this Act and operated for flood 
     control, navigation, or water supply purposes and did not 
     produce hydroelectric power on the date of the enactment of 
     this Act; and
       (iii) the hydroelectric project is operated so that the 
     water surface elevation at any given location and time that 
     would have occurred in the absence of the hydroelectric 
     project is maintained, subject to any license requirements 
     imposed under applicable law that change the water surface 
     elevation for the purpose of improving environmental quality 
     of the affected waterway.
       (B) Certification.--The Federal Energy Regulatory 
     Commission shall certify if a hydroelectric project licensed 
     at a nonhydroelectric dam meets the criteria described in 
     subparagraph (A)(iii).
       (C) Effect on standards.--Nothing in this paragraph affects 
     the standards under which the Federal Energy Regulatory 
     Commission issues licenses for and regulates hydropower 
     projects under part I of the Federal Power Act (16 U.S.C. 792 
     et seq.).
       (3) Renewable-energy source.--The term ``renewable-energy 
     source'' means energy from 1 or more of the following 
     sources:
       (A) Solar energy.
       (B) Wind.
       (C) Geothermal energy.
       (D) Hydropower (including incremental hydropower and 
     nonhydroelectric dams).
       (E) Biomass.
       (F) Marine and hydrokinetic renewable energy.
       (G) Landfill gas.
       (H) Livestock methane.
       (I) Fuel cells powered with a renewable-energy source.
                                 ______
                                 
  SA 4941. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 161, between lines 6 and 7, insert the following:

     SEC. 530. ACTION UPON FAILURE OF EMERGENCY OFF-RAMPS TO 
                   PREVENT SIGNIFICANTLY HIGHER HOME HEATING BILLS 
                   CAUSED BY THIS ACT.

       (a) Definitions.--In this section:
       (1) Interagency consultation.--The term ``interagency 
     consultation'' means consultation with the Secretary of 
     Health and Human Services and the Administrator.
       (2) Region of the country.--The term ``region of the 
     country'' means any of--
       (A) the northeastern region of the United States, comprised 
     of the States of Connecticut, Delaware, Maine, Maryland, 
     Massachusetts, New Hampshire, New Jersey, New York, 
     Pennsylvania, Rhode Island, and Vermont, and the District of 
     Columbia;
       (B) the midwestern region of the United States, comprised 
     of the States of Illinois, Indiana, Iowa, Michigan, 
     Minnesota, Missouri, Ohio, and Wisconsin;
       (C) the Great Plains region of the United States, comprised 
     of the States of Kansas,

[[Page 11701]]

     Nebraska, North Dakota, Oklahoma, and South Dakota;
       (D) the southern region of the United States, comprised of 
     the States of Alabama, Arkansas, Florida, Georgia, Kentucky, 
     Louisiana, Mississippi, North Carolina, South Carolina, 
     Tennessee, Texas, Virginia, and West Virginia;
       (E) the mountain west region of the United States, 
     comprised of the States of Arizona, Colorado, Idaho, Montana, 
     Nevada, New Mexico, Utah, and Wyoming; and
       (F) the western region of the United States, comprised of 
     the States of Alaska, California, Hawaii, Oregon, and 
     Washington.
       (b) Administrator Action.--Notwithstanding any other 
     provision of this Act, upon a determination under subsection 
     (c) of the failure of emergency off-ramp provisions under 
     this subtitle to prevent significantly higher home heating 
     bills caused by this Act, the Administrator shall suspend 
     such provisions of this Act as the Administrator determines 
     are necessary until implementation of the provisions no 
     longer causes such a significant home heating bill increase.
       (c) Determination of Significantly Higher Home Heating 
     Bills Caused by This Act.--Not less than annually, the 
     Secretary of Energy, after interagency consultation, shall 
     determine whether implementation of emergency off-ramp 
     provisions under this subtitle have failed to prevent the 
     implementation of this Act from causing the average retail 
     price to households of natural gas or heating oil, nationwide 
     or in any region of the country, to increase more than 20 
     percent since the date of enactment of this Act.
                                 ______
                                 
  SA 4942. Mr. BOND submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 161, between lines 6 and 7, insert the following:

     SEC. 530. ACTION UPON FAILURE OF EMERGENCY OFF-RAMPS TO 
                   PREVENT SIGNIFICANT MANUFACTURING JOB LOSS DUE 
                   TO HIGHER ELECTRICITY OR NATURAL GAS PRICES 
                   CAUSED BY THIS ACT.

       (a) Definitions.--In this section:
       (1) Interagency consultation.--The term ``interagency 
     consultation'' means consultation with the Secretary of 
     Energy and the Administrator.
       (2) Region of the country.--The term ``region of the 
     country'' means any of--
       (A) the northeastern region of the United States, comprised 
     of the States of Connecticut, Delaware, Maine, Maryland, 
     Massachusetts, New Hampshire, New Jersey, New York, 
     Pennsylvania, Rhode Island, and Vermont, and the District of 
     Columbia;
       (B) the midwestern region of the United States, comprised 
     of the States of Illinois, Indiana, Iowa, Michigan, 
     Minnesota, Missouri, Ohio, and Wisconsin;
       (C) the Great Plains region of the United States, comprised 
     of the States of Kansas, Nebraska, North Dakota, Oklahoma, 
     and South Dakota;
       (D) the southern region of the United States, comprised of 
     the States of Alabama, Arkansas, Florida, Georgia, Kentucky, 
     Louisiana, Mississippi, North Carolina, South Carolina, 
     Tennessee, Texas, Virginia, and West Virginia;
       (E) the mountain west region of the United States, 
     comprised of the States of Arizona, Colorado, Idaho, Montana, 
     Nevada, New Mexico, Utah, and Wyoming; and
       (F) the western region of the United States, comprised of 
     the States of Alaska, California, Hawaii, Oregon, and 
     Washington.
       (b) Administrator Action.--Notwithstanding any other 
     provision of this Act, upon a determination under subsection 
     (c) of the failure of emergency off-ramp provisions under 
     this subtitle to prevent significant manufacturing job loss 
     caused by this Act, the Administrator shall suspend such 
     provisions of this Act as the Administrator determines are 
     necessary until implementation of the provisions no longer 
     causes such a significant manufacturing job loss.
       (c) Determination of Significant Manufacturing Job Loss 
     Caused by This Act.--Not less than annually, the Secretary of 
     Labor, after interagency consultation, shall determine 
     whether implementation of emergency off-ramp provisions under 
     this subtitle have failed to prevent the implementation of 
     this Act from causing, since the date of enactment of this 
     Act, the loss of more than 10,000 manufacturing-related jobs 
     nationwide or 5,000 manufacturing-related jobs in any region 
     of the country in electricity or natural gas intensive 
     sectors, including auto assembly, metal casting, or 
     production of cement, steel, aluminum, paper, plastics, 
     chemicals, or fertilizer.
                                 ______
                                 
  SA 4943. Mr. BOND (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

    TITLE XVIII--CLEAN ENERGY SOLUTIONS RESEARCH, DEVELOPMENT, AND 
                               DEPLOYMENT

     SEC. 1801. DEFINITIONS.

       In this title:
       (1) Advanced biofuel.--The term ``advanced biofuel'' has 
     the meaning given the term in section 211(o) of the Clean Air 
     Act (42 U.S.C. 7545(o)).
       (2) Advanced vehicle battery.--The term ``advanced vehicle 
     battery'' means an electrochemical energy storage system 
     powered directly by electrical current that provides motive 
     power to an electric vehicle, hybrid electric vehicle, or 
     plug-in hybrid electric vehicle.
       (3) Electric vehicle.--The term ``electric vehicle'' means 
     an on-road light-duty or non-road vehicle that uses an 
     advanced vehicle battery or a fuel cell (as defined in 
     section 803 of the Spark M. Matsunaga Hydrogen Act of 2005 
     (42 U.S.C. 16152)).
       (4) Hybrid electric vehicle.--The term ``hybrid electric 
     vehicle'' means a new qualified hybrid motor vehicle (as 
     defined in section 30B(d)(3) of the Internal Revenue Code of 
     1986).
       (5) IGCC.--The term ``IGCC'' means integrated coal 
     gasification combined cycle.
       (6) Plug-in hybrid electric vehicle.--The term ``plug-in 
     hybrid electric vehicle'' means a hybrid electric vehicle 
     that--
       (A) draws motive power from a battery with a capacity of at 
     least 4 kilowatt-hours;
       (B) can be recharged from an external source of electricity 
     for motive power; and
       (C) is a light-, medium-, or heavy-duty motor vehicle or 
     nonroad vehicle (as those terms are defined in section 216 of 
     the Clean Air Act (42 U.S.C. 7550)).
       (7) Renewable fuel.--The term ``renewable fuel'' means any 
     fuel--
       (A) at least 85 percent of the volume of which consists of 
     ethanol or advanced biofuel; or
       (B) any mixture of biodiesel and diesel or renewable diesel 
     (as defined in regulations adopted pursuant to section 211(o) 
     of the Clean Air Act (part 80 of title 40 Code of Federal 
     Regulations (as in effect on the date of enactment of this 
     Act))), determined without regard to any use of kerosene and 
     containing at least 20 percent biodiesel or renewable diesel.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.

     SEC. 1802. COORDINATION WITH EXISTING PROGRAMS.

       In carrying out this title, the Secretary, in consultation 
     with the heads of other appropriate Federal agencies, shall 
     take into consideration the ongoing research, development, 
     demonstration, and deployment activities associated with this 
     title to avoid duplication of the ongoing activities while 
     expanding and accelerating activities as required by this 
     title.

     SEC. 1803. PROGRESS REPORT.

       Not later than 1 year after the date of enactment of this 
     Act and every 2 calendar years thereafter, the Secretary 
     shall submit to each committee of Congress with jurisdiction 
     over greenhouse gas emissions and global climate change a 
     report and detailed analysis of the status of implementation 
     of this title with an emphasis on the widespread commercial 
     availability, affordability, and maintenance of products that 
     use the technologies and activities advanced under this 
     title.

      Subtitle A--Reduced Carbon Emissions Through Clean Vehicles

     SEC. 1811. STATEMENT OF POLICY.

       It is the policy of the United States to reduce carbon 
     emissions from fossil-based transportation fuel usage by 
     aggressively promoting advanced vehicle battery technology 
     and domestic manufacturing capability necessary for 
     widespread commercial viability of hybrid electric vehicles, 
     plug-in hybrid electric vehicles, and electric vehicles.

     SEC. 1812. ADVANCED VEHICLE BATTERY RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary shall--
       (1) expand and accelerate research and development efforts 
     for advanced vehicle batteries; and
       (2) emphasize lower cost enablers for abuse-tolerant 
     batteries with the appropriate balance of power and energy 
     capacity to meet market requirements.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2010 through 2014.

     SEC. 1813. DOMESTIC ADVANCED VEHICLE BATTERY MANUFACTURING 
                   PROCESS IMPROVEMENTS.

       (a) In General.--The Secretary shall establish a program to 
     provide grants to improve domestic manufacturing equipment 
     and assembly process capabilities for advanced vehicle 
     batteries and components that--
       (1) reduce manufacturing time;
       (2) reduce manufacturing energy intensity;
       (3) reduce negative environmental impact or byproducts; or
       (4) increase spent battery or component recycling.
       (b) Inclusion.--The Secretary shall include in the program 
     established under subsection

[[Page 11702]]

     (a) grants to support the development and deployment of 
     domestic high-speed, automated, production-scale advanced 
     vehicle battery and component manufacturing equipment.
       (c) Cost Sharing.--The Secretary shall require that not 
     less than 20 percent of the cost of a project funded by a 
     grant under this section be provided by a non-Federal source.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $250,000,000 for 
     each of fiscal years 2010 through 2014.

     SEC. 1814. DOMESTIC ADVANCED VEHICLE BATTERY MANUFACTURING 
                   SUPPLY BASE EXPANSION.

       (a) In General.--The Secretary shall establish a program to 
     provide grants to expand the domestic manufacturing supply 
     base for advanced vehicle batteries and components with a 
     particular emphasis on facilities that manufacture or 
     assemble--
       (1) cell materials, including--
       (A) substrates and active materials for electrodes;
       (B) carbonaceous and graphite additives;
       (C) separators;
       (D) electrolytes; and
       (E) roll stock aluminum and copper; and
       (2) system components, including--
       (A) power electronics;
       (B) drivetrain electromechanical devices;
       (C) a secure supply of raw battery materials; and
       (D) battery management systems, including software 
     development.
       (b) Cost Sharing.--The Secretary shall require that not 
     less than 20 percent of the cost of a project funded by a 
     grant under this section be provided by a non-Federal source.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $650,000,000 for 
     each of fiscal years 2010 through 2014.

     SEC. 1815. OPERATING PLAN.

       Not later than 120 days after the date of enactment of this 
     Act and with the submission of the budget of the United 
     States Government by the President under section 1105 of 
     title 31, United States Code, for each fiscal year 
     thereafter, the Secretary shall submit to the appropriate 
     authorizing and appropriations committees of Congress an 
     operating plan for spending the full amount of funds 
     authorized for sections 1812, 1813, and 1814.

  Subtitle B--Reduced Carbon Emissions Through Renewable and Hydrogen 
                     Fuel Infrastructure Expansion

     SEC. 1821. STATEMENT OF POLICY.

       It is the policy of the United States to reduce emissions 
     from fossil-based transportation fuel use by aggressively 
     deploying renewable fuel infrastructure to achieve the 
     widespread use of renewable fuels.

     SEC. 1822. EXPANDED RENEWABLE FUEL INFRASTRUCTURE GRANTS.

       (a) Infrastructure Development Grants.--The Secretary shall 
     expand and accelerate the program for making grants for 
     providing assistance to retail and wholesale motor fuel 
     dealers or other entities for the installation, replacement, 
     or conversion of motor fuel storage and dispensing 
     infrastructure to be used exclusively to store and dispense 
     renewable fuel.
       (b) Limitations.--Assistance provided under this section 
     shall not exceed the greater of--
       (1) 50 percent of the estimated cost of the installation, 
     replacement, or conversion of motor fuel storage and 
     dispensing infrastructure; or
       (2) $50,000 for a combination of equipment at any 1 retail 
     outlet location.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 for 
     each of fiscal years 2010 through 2014.

     SEC. 1823. HYDROGEN FUELING PUMPS.

       (a) Grant Program.--The Secretary of Transportation shall 
     establish a program under which the Secretary of 
     Transportation shall provide grants with the goal of 
     establishing, by calendar year 2013, at least 100 publicly 
     available hydrogen fueling pumps at retail gas stations in at 
     least 2 selected regions.
       (b) Required Contribution.--As a condition of receiving a 
     grant under subsection (a) for a hydrogen fueling pump, the 
     owner or operator of a service station shall be required to 
     contribute, or obtain funding from a State or local 
     government entity for, at least 10 percent of the cost of the 
     hydrogen fueling pump.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of Transportation to 
     carry out this section $85,000,000 for each of fiscal years 
     2009 through 2013.

     SEC. 1824. FEDERAL ACQUISITION OF HYDROGEN FUEL CELL 
                   VEHICLES.

       There is authorized to be appropriated to the Administrator 
     of General Services for the acquisition of hydrogen fuel cell 
     vehicles for use by Federal agencies $85,000,000 for each of 
     fiscal years 2012 through 2014.

 Subtitle C--Reduced Carbon Emissions Through Electricity Transmission 
                       and Management Efficiency

     SEC. 1831. STATEMENT OF POLICY.

       It is the policy of the United States to reduce carbon 
     emissions from electric power production through electricity 
     transmission, distribution, and management efficiency gains.

     SEC. 1832. ELECTRICITY TRANSMISSION, DISTRIBUTION, AND 
                   MANAGEMENT EFFICIENCY RESEARCH AND DEVELOPMENT.

       (a) Superconducting Transmission.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary shall expand and accelerate efforts to conduct 
     research and develop high-temperature superconducting power 
     equipment that, in comparison to conventional copper wires--
       (A) increases electricity carrying capacity;
       (B) increases fault current limiting and overload 
     protection;
       (C) reduces energy loss due to electrical resistance;
       (D) reduces equipment footprints; or
       (E) reduces environmental impacts.
       (2) Required efforts.--In expanding and accelerating 
     efforts described in paragraph (1), the Secretary shall 
     include efforts to improve--
       (A) the nanoscale engineering of high-temperature 
     superconducting wire;
       (B) the production of high-temperature superconducting wire 
     in long lengths in a cost-effective manner;
       (C) the coating and preparation of underlying high-
     temperature superconducting wire metal substrate;
       (D) the joining of high-temperature superconducting 
     conductors to normal conductors; and
       (E) the minimization of electrical loss due to alternating 
     currents.
       (b) Transformers.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary shall expand and accelerate efforts to conduct 
     research and develop efficiency improvements in electricity 
     distribution transformers.
       (2) Required efforts.--In expanding and accelerating 
     efforts described in paragraph (1), the Secretary shall 
     include efforts--
       (A) to improve initial and life-cycle costs;
       (B) to improve utilization; and
       (C) to make metallurgical advances in transformer 
     components.
       (c) Grid Communication.--
       (1) In general.--In accordance with paragraph (2), the 
     Secretary shall expand and accelerate efforts to conduct 
     research and develop cost-effective improvements in grid 
     communication technology.
       (2) Required components.--In expanding and accelerating 
     efforts described in paragraph (1), the Secretary shall 
     include efforts to research and develop--
       (A) remote sensors (including nanosensors) to be used in 
     the electrical grid to enable the timely control, 
     identification, and correction of temperature, faults, and 
     other adverse online effects;
       (B) smart meters that have the capability to be used to 
     carry out real-time data acquisition and dynamic energy 
     management;
       (C) grid management, distribution, and operation systems; 
     and
       (D) interoperability standards to ensure the integration of 
     smart grid sensor, meter, and management systems.
       (d) End-Use Technologies.--The Secretary shall expand and 
     accelerate efforts to conduct research and develop consumer 
     technologies to reduce electricity usage, with a particular 
     emphasis on smart thermostats that enable consumers to change 
     energy usage based on--
       (1) the time of day;
       (2) peak energy usage times; or
       (3) any other information made available through grid 
     communication technology.
       (e) Operating Plan.--Not later than 120 days after the date 
     of enactment of this Act and with the submission of the 
     budget of the United States Government by the President under 
     section 1105 of title 31, United States Code, for each fiscal 
     year thereafter, the Secretary shall submit to the 
     appropriate authorizing and appropriations committees of 
     Congress an operating plan for spending the full amount of 
     funds made available for this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $250,000,000 for 
     each of fiscal years 2010 through 2014.

     SEC. 1833. ELECTRICITY TRANSMISSION, DISTRIBUTION, AND 
                   MANAGEMENT EFFICIENCY TECHNOLOGY DEPLOYMENT.

       (a) In General.--The Secretary shall establish a program 
     under which the Secretary shall provide grants for the 
     deployment of electricity transmission, distribution, and 
     management efficiency technologies.
       (b) Priority.--In providing grants under this section, the 
     Secretary shall give priority to applications with proposed 
     projects that--
       (1) reduce congestion in transmission corridors; or
       (2) relieve demand for electricity generation growth in 
     areas with inadequate access to--
       (A) renewable energy sources; or
       (B) low-carbon fuel sources.
       (c) Cost Sharing.--Section 988 of the Energy Policy Act of 
     2005 (42 U.S.C. 16352) shall apply to any grant made by the 
     Secretary in carrying out this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $450,000,000 for 
     each of fiscal years 2010 through 2014.

[[Page 11703]]



     SEC. 1834. STATE CONSIDERATION OF HIGH-TEMPERATURE 
                   SUPERCONDUCTIVITY POWER EQUIPMENT.

       Section 111(d) of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 2621(d)) (as amended by sections 
     532(a) and 1307(a) of the Energy Independence and Security 
     Act of 2007 (121 Stat. 1665, 1791)) is amended--
       (1) by redesignating paragraphs (16) and (17) (as added by 
     section 1307(a) of that Act) as paragraphs (18) and (19), 
     respectively; and
       (2) by adding at the end the following:
       ``(20) Recovery of costs relating to deployment of power 
     equipment.--Each State shall consider authorizing each 
     electric utility of the State to recover from ratepayers any 
     costs of the electric utility relating to the deployment of 
     high-temperature superconductivity power equipment.''.

Subtitle D--Reduced Carbon Emissions Through Residential and Commercial 
                           Energy Efficiency

     SEC. 1841. STATEMENT OF POLICY.

       It is the policy of the United States to reduce carbon 
     emissions from electric power production through more 
     efficient residential and commercial energy using 
     technologies.

     SEC. 1842. RESIDENTIAL AND COMMERCIAL ENERGY EFFICIENCY 
                   RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary shall expand and accelerate 
     efforts to conduct research and develop methods--
       (1) to reduce installation costs of geothermal heat pumps 
     for new and existing residences and businesses;
       (2) to improve the widespread availability and reliability 
     of high-efficiency heat pump water heaters;
       (3) to advance the efficiency and cost-effectiveness of 
     fluorescent, high-intensity discharge, and light-emitting 
     diode lamps; and
       (4) to improve small-scale battery and energy storage 
     technologies.
       (b) Operating Plan.--Not later than 120 days after the date 
     of enactment of this Act and with the submission of the 
     budget of the United States Government by the President under 
     section 1105 of title 31, United States Code, for each fiscal 
     year thereafter, the Secretary shall submit to the 
     appropriate authorizing and appropriations committees of 
     Congress an operating plan for spending the full amount of 
     funds made available for this section.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2010 through 2014.

Subtitle E--Reduced Carbon Emissions Through Increased Renewable Energy 
                                Storage

     SEC. 1851. STATEMENT OF POLICY.

       It is the policy of the United States to reduce carbon 
     emissions through the increased ability to store energy 
     generated from renewable energy sources.

     SEC. 1852. RENEWABLE ENERGY STORAGE RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary shall expand and accelerate 
     efforts to conduct research and develop large megawatt level 
     and smaller distributed electricity storage systems--
       (1) to reduce electricity transmission congestion;
       (2) to manage peak loads;
       (3) to make renewable electricity sources more 
     dispatchable; and
       (4) to increase the reliability of the electric grid.
       (b) Operating Plan.--Not later than 120 days after the date 
     of enactment of this Act and with the submission of the 
     budget of the United States Government by the President under 
     section 1105 of title 31, United States Code, for each fiscal 
     year thereafter, the Secretary shall submit to the 
     appropriate authorizing and appropriations committees of 
     Congress an operating plan for spending the full amount of 
     funds authorized for this section.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $100,000,000 for 
     each of fiscal years 2010 through 2014.

     SEC. 1853. RENEWABLE ENERGY STORAGE DEPLOYMENT.

       (a) In General.--The Secretary shall establish a program 
     under which the Secretary shall provide grants for the 
     deployment of large megawatt level and smaller distributed 
     electricity storage systems.
       (b) Priority.--In providing grants under this section, the 
     Secretary shall give priority, in descending order of 
     importance, to applications with proposed projects that--
       (1) make renewable electricity sources more dispatchable;
       (2) reduce electricity transmission congestion;
       (3) increase the reliability of the electric grid; or
       (4) manage peak loads.
       (c) Cost Sharing.--Section 988 of the Energy Policy Act of 
     2005 (42 U.S.C. 16352) shall apply to any grant made under 
     this section.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $500,000,000 for 
     each of fiscal years 2010 through 2014.

     SEC. 1854. STATE CONSIDERATION OF ENERGY STORAGE FOR ELECTRIC 
                   POWER.

       Section 111(d) of the Public Utility Regulatory Policies 
     Act of 1978 (16 U.S.C. 2621(d)) (as amended by section 1834) 
     is amended by adding at the end the following:
       ``(21) Recovery of costs relating to deployment of storage 
     systems.--Each State shall consider authorizing each electric 
     utility of the State to recover from ratepayers any costs of 
     the electric utility relating to the deployment of energy 
     storage systems for electric power.''.

  Subtitle F--Reduced Carbon Emissions Through Clean Coal Technologies

     SEC. 1861. STATEMENT OF POLICY.

       It is the policy of the United States to reduce carbon 
     emissions from technology improvements to coal-fired power 
     plants that will reduce the quantity of coal burned and 
     carbon dioxide emitted per unit of power produced.

     SEC. 1862. CLEAN COAL RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary shall expand and accelerate 
     efforts to conduct research and develop technologies that 
     reduce carbon dioxide emissions from coal-fired facilities 
     with an emphasis on commercial viability and reliability.
       (b) Short-, Medium- and Long-Term Technology Areas.--The 
     Secretary shall emphasize technologies that reduce carbon 
     dioxide emissions in the short-, medium-, and long-term time 
     frames, including--
       (1) innovations for existing power plants that reduce 
     carbon dioxide emissions by energy efficiency increases or by 
     capturing carbon emissions, including technologies that--
       (A) reduce the quantity of fuel combusted per unit of 
     electricity output;
       (B) reduce parasitic power loss from carbon control 
     technology;
       (C) improve compression of the separated and captured 
     carbon dioxide;
       (D) reuse or reduce water consumption and withdrawal; and
       (E) capture carbon dioxide post-combustion from flue gas, 
     such as through the use of ammonia-based, aqueous amine or 
     ionic liquid solutions or other methods;
       (2) new combustion systems, including--
       (A) oxyfuel combustion that burns fuel in the presence of 
     oxygen and recirculated flue gas instead of air producing a 
     concentrated stream of carbon dioxide that can be readily 
     captured for storage or use;
       (B) chemical looping combustion that burns fuel in the 
     presence of a solid oxygen carrier instead of air producing 
     concentrated stream of carbon dioxide that can be readily 
     captured for storage or use;
       (C) high-temperature and pressure steam systems, such as 
     ultra supercritical steam generation, that result in high net 
     plant efficiency and reduced fuel consumption, thus producing 
     less carbon dioxide per unit of energy;
       (D) other innovative carbon dioxide control technologies 
     appropriate for new combustion systems; and
       (E) high temperature and high pressure materials that will 
     result in much higher plant efficiencies and carbon dioxide 
     emission reductions;
       (3) innovations for IGCC systems that build on the ability 
     of the IGCC to separate pollutants and carbon emissions from 
     gas streams, including--
       (A) advanced membrane technology for carbon dioxide 
     separation;
       (B) improved air separation systems;
       (C) improved compression for the separated and captured 
     carbon dioxide; and
       (D) other innovative carbon dioxide control technologies 
     appropriate for IGCC systems;
       (4) advanced combustion turbines, including--
       (A) ultra low emission hydrogen turbines; and
       (B) oxycoal combustion turbines; and
       (5) sequestration of captured carbon in geological 
     formations, including--
       (A) plume tracking;
       (B) carbon dioxide leak detection and mitigation;
       (C) carbon dioxide fate and transport models; and
       (D) site evaluation instrumentation.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, to remain 
     available until expended--
       (1) for innovations at power plants in operation as of the 
     date of enactment of this Act $450,000,000 for the period of 
     fiscal years 2009 through 2020;
       (2) for new combustion systems $450,000,000 for the period 
     of fiscal years 2009 through 2025;
       (3) for IGCC systems $850,000,000 for the period of fiscal 
     years 2009 through 2025;
       (4) for advanced combustion turbines $350,000,000 for the 
     period of fiscal years 2009 through 2025;
       (5) for carbon storage $400,000,000 for the period of 
     fiscal years 2009 through 2020.

     SEC. 1863. CLEAN COAL DEMONSTRATION.

       (a) In General.--The Secretary shall expand and accelerate 
     the demonstration of technologies that reduce carbon dioxide 
     emissions from coal-fired facilities by demonstrating, at a 
     minimum--
       (1) through facilities in operation as of the date of 
     enactment of this Act--
       (A) post-combustion carbon dioxide capture at pilot scale 
     at not less than 2 facilities, the award of contracts for 
     which shall be completed by 2010;

[[Page 11704]]

       (B) oxycoal combustion at commercial scale retrofitted to 
     not less than 1 facility, the award of contracts for which 
     shall be completed by 2012;
       (C) post-combustion carbon dioxide capture at commercial 
     scale retrofitted to not less than 1 facility, the award of 
     contracts for which shall be completed by 2012;
       (D) heat rate and efficiency improvements at commercial 
     scale at not less than 2 facilities, the award of contracts 
     for which shall be completed by 2012; and
       (E) water consumption reduction at commercial scale at not 
     less than 2 facilities, the award of contracts for which 
     shall be completed by 2012;
       (F) post-combustion carbon dioxide capture at pilot scale 
     with technologies other than technologies demonstrated under 
     subparagraphs (A) and (C) at not less than 1 facility, the 
     award of contracts for which shall be completed by 2012;
       (G) heat rate and efficiency improvements at commercial 
     scale at not less than 3 facilities, the award of contracts 
     for which shall be completed by 2014;
       (H) water consumption reduction at commercial scale at not 
     less than 3 facilities, the award of contracts for which 
     shall be completed by 2014; and
       (I) post-combustion carbon dioxide capture at pilot scale 
     with technologies other than technologies demonstrated under 
     subparagraphs (A), (C), and (F) at not less than 1 facility, 
     the award of contracts for which shall be completed by 2016;
       (2) through new coal combustion facilities that include 
     carbon capture--
       (A) oxycoal combustion at pilot scale at not less than 1 
     facility, the award of contracts for which shall be completed 
     by 2010;
       (B) post-combustion carbon dioxide capture at pilot scale 
     at not less than 1 facility, the award of contracts for which 
     shall be completed by 2012;
       (C) oxycoal combustion at commercial scale at not less than 
     1 facility, the award of contracts for which shall be 
     completed by 2012;
       (D) supercritical pulverized coal combustion with advanced 
     emission controls and partial carbon dioxide capture at 
     commercial scale at not less than 1 facility, the award of 
     contracts for which shall be completed by 2012;
       (E) oxycoal supercritical circulating fluidized bed 
     combustion at commercial scale at not less than 1 facility, 
     the award of contracts for which shall be completed by 2012;
       (F) post-combustion carbon dioxide capture at commercial 
     scale at not less than 1 facility, the award of contracts for 
     which shall be completed by 2012;
       (G) post-combustion carbon dioxide capture at pilot scale 
     with technologies other than technologies demonstrated under 
     subparagraphs (B) or (F) at not less than 1 facility, the 
     award of contracts for which shall be completed by 2014;
       (H) ultra supercritical (1290F) pulverized coal combustion 
     with near-zero emission controls and 90 percent carbon 
     dioxide capture at commercial scale at not less than 1 
     facility, the award of contracts for which shall be completed 
     by 2014;
       (I) oxycoal combustion with an advanced oxygen separation 
     system at commercial scale at not less than 1 facility, the 
     award of contracts for which shall be completed by 2016;
       (J) second generation post-combustion carbon dioxide 
     capture at commercial scale at not less than 1 facility, the 
     award of contracts for which shall be completed by 2014;
       (K) chemical looping combustion at commercial scale at not 
     less than 1 facility, the award of contracts for which shall 
     be completed by 2018; and
       (L) ultra advanced supercritical (1400F) combustion with 
     near-zero emission controls and 90 percent integrated carbon 
     dioxide capture at commercial scale at not less than 1 
     facility, the award of contracts for which shall be completed 
     by 2018;
       (3) through IGCC with carbon capture--
       (A) partial carbon dioxide capture without a water gas 
     shift system at commercial scale at not less than 1 facility, 
     the award of contracts for which shall be completed by 2010;
       (B) using G class turbine at not less than 1 facility with 
     at least 400 megawatts in generating capacity, the award of 
     contracts for which shall be completed by 2012;
       (C) using H class turbines at not less than 1 facility with 
     at least 400 megawatts in generating capacity, the award of 
     contracts for which shall be completed by 2014; and
       (D) using H class turbines at not less than 1 facility with 
     at least 400 megawatts in generating capacity, the award of 
     contracts for which shall be completed by 2016.
       (4) through advanced turbines using--
       (A) monitoring systems for advanced IGCC gas turbine at 
     commercial scale at not less than 1 facility, the award of 
     contracts for which shall be completed by 2010;
       (B) advanced oxygen separation of at least 2,000 tons per 
     day in size integrated with a combustion turbine at not less 
     than 1 facility, the award of contracts for which shall be 
     completed by 2012;
       (C) an oxyfuel turbine of at least 50 megawatts in 
     generating capacity, at not less than 1 facility, the award 
     of contracts for which shall be completed by 2015;
       (D) advanced oxygen separation of at least 2,000 tons per 
     day in size integrated with a gas turbine at not less than 1 
     facility, the award of contracts for which shall be completed 
     by 2015; and
       (E) an oxyfuel turbine of at least 400 megawatts in 
     generating capacity, at not less than 1 facility, the award 
     of contracts for which shall be completed by 2020; and
       (5) for storage of carbon dioxide captured through--
       (A) a field test of sequestration of at least 1,000,000 
     tons of carbon dioxide per year in a saline formation, the 
     award of contracts for which shall be completed by 2010;
       (B) field tests of sequestration of at least 2,000,000 tons 
     of carbon dioxide per year in a saline formation, the award 
     of contracts for which shall be completed by 2012; and
       (C) a field test of sequestration of at least 1,000,000 
     tons of carbon dioxide per year in a saline formation, the 
     award of contracts for which shall be completed by 2014.
       (b) Sequestration of Captured Carbon Dioxide.--In any 
     demonstration referred to in subsection (a) that demonstrates 
     carbon dioxide capture, the carbon dioxide capture shall be 
     used for enhanced oil recovery, sequestered in geologically 
     appropriate formations, or permanently sequestered or reused, 
     with funds made available to carry out each such 
     demonstration for the respective purpose of the 
     demonstration.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, to remain 
     available until expended--
       (1) for demonstrations through facilities in operation as 
     of the date of enactment of this Act $850,000,000 for the 
     period of fiscal years 2009 through 2025;
       (2) for new combustion systems $1,950,000,000 for the 
     period of fiscal years 2009 through 2025;
       (3) for IGCC systems $2,950,000,000 for the period of 
     fiscal years 2009 through 2025;
       (4) for advanced combustion turbines $400,000,000 for the 
     period of fiscal years 2009 through 2025; and
       (5) for carbon storage $1,350,000,000 for the period of 
     fiscal years 2009 through 2020.

     SEC. 1864. IDENTIFICATION OF CLEAN COAL RESEARCH, 
                   DEVELOPMENT, AND DEMONSTRATION PROJECTS.

       (a) In General.--The Secretary shall take such steps as are 
     necessary to carry out this subtitle.
       (b) Public Comment.--Not later than 90 days after the date 
     of enactment of this Act and every 2 years thereafter, the 
     Secretary shall institute a public comment period of at least 
     45 days to assist the determination of the specific research, 
     development, and demonstration projects required under this 
     subtitle.
       (c) Applications.--Not later than 120 days after the end of 
     each public comment period required under subsection (b), the 
     Secretary shall--
       (1) publicly identify the specific types of projects that 
     the Secretary intends to pursue to carry out this subtitle;
       (2) establish selection criteria for the specific types of 
     projects identified under paragraph (1); and
       (3) establish an application process that allows persons 
     that are interested in participating in projects identified 
     under paragraph (1) to provide such information as the 
     Secretary determines to be necessary.
       On page 310, lines 1 through 3, strike ``part C of the Safe 
     Drinking Water Act (42 U.S.C. 300h et seq.)'' and insert 
     ``subtitle C of title X''.
       Beginning on page 318, strike line 6 and all that follows 
     through page 320, line 7, and insert the following:

     SEC. 1021. CARBON SEQUESTRATION AND CAPTURE.

       (a) Definitions.--In this section:
       (1) Anthropogenic.--The term ``anthropogenic'' means 
     produced or caused by human activity.
       (2) Carbon dioxide.--The term ``carbon dioxide'' means 
     anthropogenically sourced carbon dioxide that is of 
     sufficient purity and quality as to not compromise the safety 
     and efficiency of any reservoir in which the carbon dioxide 
     is stored.
       (3) Federal agency.--The term ``Federal agency'' means any 
     department, agency, or instrumentality of the United States.
       (4) Geological storage.--The term ``geological storage'' 
     means permanent or short-term underground storage of carbon 
     dioxide in a reservoir.
       (5) Person.--
       (A) In general.--The term ``person'' means an individual, 
     corporation, company (including a limited liability company), 
     association, partnership, State, municipality, or Federal 
     agency.
       (B) Inclusions.--The term ``person'' includes an officer, 
     employee, and agent of any corporation, company (including a 
     limited liability company), association, partnership, State, 
     municipality, or Federal agency.
       (6) Reservoir.--
       (A) In general.--The term ``reservoir'' means any 
     subsurface sedimentary stratum, formation, aquifer, or cavity 
     or void (whether natural or artificially created) that is 
     suitable for, or capable of being made suitable for, the 
     injection and storage of carbon dioxide.
       (B) Inclusions.--The term ``reservoir'' includes--
       (i) an oil and gas reservoir;

[[Page 11705]]

       (ii) a saline formation or coal seam; and
       (iii) the seabed and subsoil of a submarine area.
       (7) State.--
       (A) In general.--The term ``State'' means--
       (i) each of the several States of the United States;
       (ii) the District of Columbia;
       (iii) the Commonwealth of Puerto Rico;
       (iv) Guam;
       (v) American Samoa;
       (vi) the Commonwealth of the Northern Mariana Islands;
       (vii) the Federated States of Micronesia;
       (viii) the Republic of the Marshall Islands;
       (ix) the Republic of Palau; and
       (x) the United States Virgin Islands.
       (B) Inclusions.--The term ``State'' includes all 
     territorial water, seabed, and subsoil of submarine areas of 
     each State.
       (8) State regulatory agency.--The term ``State regulatory 
     agency'' means the agency designated by the Governor of a 
     State to administer a carbon dioxide storage program of the 
     State.
       (9) Storage facility.--
       (A) In general.--The term ``storage facility'' means--
       (i) an underground reservoir, underground equipment, and 
     surface structures and equipment used in an operation to 
     store carbon dioxide in a reservoir; and
       (ii) any other facilities that the Administrator may 
     include by regulation or permit.
       (B) Exclusions.--The term ``storage facility'' does not 
     include pipelines used to transport the carbon dioxide from 1 
     or more capture facilities to the storage and injection site.
       (10) Storage operator.--The term ``storage operator'' means 
     any person or other entity authorized by the Administrator or 
     State regulatory agency to operate a storage facility.
       (11) Underground reservoir.--The term ``underground 
     reservoir'', with respect to a storage facility, includes any 
     necessary and reasonable areal buffer and subsurface 
     monitoring zones that are--
       (A) designated by the Administrator or State regulatory 
     agency for the purpose of ensuring the safe and efficient 
     operation of the storage facility for the storage of carbon 
     dioxide; and
       (B) selected to protect against pollution, invasion, and 
     escape or migration of the stored carbon dioxide.
       (b) State Carbon Dioxide Geological Storage Programs.--
       (1) Regulations.--
       (A) In general.--The Administrator shall--
       (i) not later than 180 days after the date of enactment of 
     this Act, publish in the Federal Register proposed 
     regulations for State carbon dioxide storage programs; and
       (ii) not later than 180 days after the date of publication 
     of the proposed regulations under clause (i), promulgate 
     final regulations for State carbon dioxide storage programs 
     that meet the requirements described in paragraph (2)(A), 
     including such modifications as the Administrator determines 
     to be appropriate.
       (B) Updating.--The Administrator may periodically review 
     and, as necessary, revise the regulations promulgated under 
     this subsection.
       (2) State regulatory authority.--
       (A) In general.--The regulations promulgated under 
     paragraph (1)(A)(ii) shall establish minimum requirements 
     that States shall meet in order to be approved to administer 
     a carbon dioxide storage program under subsection (c)(1), 
     including--
       (i) a prohibition on carbon dioxide storage in the State 
     that is not authorized by a permit issued by the State;
       (ii) inspection, monitoring, recordkeeping, and reporting 
     requirements; and
       (iii) authority for the State regulatory agency to issue a 
     permit, after public notice and hearing, approving a storage 
     facility for the proposed geological storage of carbon 
     dioxide if the State regulatory authority determines that--

       (I) the horizontal and vertical boundaries of the 
     geological storage facility designated by the permit are 
     appropriate for the storage facility;
       (II) the storage facility and reservoir are suitable and 
     feasible for the injection and storage of carbon dioxide;
       (III) a good faith effort has been made to obtain the 
     consent of a majority of the owners having property interests 
     affected by the storage facility, and that the storage 
     operator intends to acquire any remaining interest by eminent 
     domain or by a method otherwise allowed by law;
       (IV) the use of the storage facility for the geological 
     storage of carbon dioxide will not result in the unpermitted 
     migration of carbon dioxide into other formations containing 
     fresh drinking water or oil, gas, coal, or other commercial 
     mineral deposits that are not owned by the storage operator; 
     and
       (V) the proposed storage would--

       (aa) not unduly endanger human health or the environment; 
     and
       (bb) be in the public interest.
       (B) State authority.--A State regulatory agency approved 
     under subsection (c)(1) to administer a carbon dioxide 
     storage program shall issue such orders, permits, 
     certificates, rules, and regulations, including establishment 
     of such appropriate and sufficient financial sureties as are 
     necessary, for the purpose of regulating the drilling, 
     operation, and well plugging and abandonment and removal of 
     surface buildings and equipment of the storage facility in 
     order to protect the storage facility against pollution, 
     invasion, and the escape or migration of carbon dioxide.
       (C) Eminent domain.--A storage operator may be empowered by 
     a State to exercise the right of eminent domain under State 
     law to acquire all surface and subsurface rights and 
     interests necessary or useful for the purpose of operating 
     the storage facility, including easements and rights-of-way 
     across land that are necessary to transport carbon dioxide 
     among components of the storage facility.
       (D) Variance in conditions.--The regulations promulgated 
     under paragraph (1)(A)(ii) shall permit or provide for 
     consideration of varying geological, hydrological, and 
     historical conditions in different States and in different 
     areas within a State.
       (E) Enhanced recovery operations.--
       (i) In general.--Upon the approval of a State to administer 
     a carbon dioxide storage program under subsection (c)(1), the 
     State regulatory agency designated by the State may develop 
     rules to allow the conversion into a storage facility of an 
     enhanced recovery operation that is in existence as of the 
     date on which administration of the program by the State is 
     approved.
       (ii) Oil and gas recovery.--Nothing in this section applies 
     to or otherwise affects the use of carbon dioxide as a part 
     of or in conjunction with any enhanced recovery method the 
     sole purpose of which is enhanced oil or gas recovery.
       (c) State Primary Enforcement Responsibility.--
       (1) Approval of state carbon dioxide storage programs.--
       (A) Application.--
       (i) In general.--After promulgation of the regulations 
     under subsection (b)(1)(A)(ii), each State may submit to the 
     Administrator an application that demonstrates, to the 
     satisfaction of the Administrator, that the State--

       (I) has adopted, after providing for reasonable notice and 
     an opportunity for public comment, and will implement, a 
     carbon dioxide storage program that meets the requirements of 
     the regulations; and
       (II) will keep such records and make such reports with 
     respect to the activities of the State under the carbon 
     dioxide storage program as the Administrator may require by 
     regulation.

       (ii) Revisions.--Not later than the expiration of the 270-
     day period beginning on the date on which any regulation 
     promulgated under subsection (b)(1)(A)(ii) is revised or 
     amended with respect to a requirement applicable to State 
     carbon dioxide storage programs, each State with a carbon 
     dioxide storage program approved under subparagraph (B) shall 
     submit, in such form and in such manner as the Administrator 
     may require, a notice to the Administrator that demonstrates, 
     to the satisfaction of the Administrator, that the State 
     carbon dioxide storage program meets the revised or amended 
     requirement.
       (B) Approval or disapproval.--Not later than 90 days after 
     the date on which a State submits to the Administrator an 
     application under subparagraph (A)(i) or a notice under 
     subparagraph (A)(ii), and after a reasonable (as determined 
     by the Administrator) opportunity for discussion, the 
     Administrator shall by regulation approve, disapprove, or 
     approve in part and disapprove in part, the carbon dioxide 
     storage program proposed by the State.
       (C) Effect of approval.--If the Administrator approves the 
     carbon dioxide storage program of a State under subparagraph 
     (B), the State shall have primary enforcement responsibility 
     for carbon dioxide storage in the State until such time as 
     the Administrator determines, by regulation, that the State 
     no longer meets the requirements of subparagraph (A)(i).
       (D) Public participation.--Before making a determination 
     under subparagraph (B) or (C), the Administrator shall 
     provide an opportunity for a public hearing with respect to 
     the determination.
       (2) States without primary enforcement responsibility.--
       (A) In general.--If a State fails to submit an application 
     under paragraph (1)(A)(i) by the date that is 270 days after 
     the date of promulgation of regulations under subsection 
     (b)(1)(A)(ii), the Administrator shall by regulation 
     prescribe (and may from time to time by regulation revise) a 
     program applicable to the State that meets the terms and 
     conditions of subsection (b)(2).
       (B) Disapproval.--If the Administrator disapproves all or a 
     portion of the program of a State under paragraph (1)(B), if 
     the Administrator determines under paragraph (1)(C) that a 
     State no longer meets the requirements of subclause (I) or 
     (II) of paragraph (1)(A)(i), or if a State fails to submit a 
     notice before the expiration of the period specified in 
     paragraph (1)(A)(ii), the Administrator shall by regulation, 
     not later than 90 days after the date of the disapproval, 
     determination, or expiration (as the case may be), prescribe 
     (and may from time to time by regulation revise) a program 
     applicable to the

[[Page 11706]]

     State that meets the requirements of subsection (b)(2).
       (C) Applicability.--A program prescribed by the 
     Administrator under subparagraph (B) shall apply in a State 
     only to the extent that a program adopted by the State that 
     the Administrator determines meets the requirements of this 
     section or subsection (b)(2) is not in effect.
       (D) Public participation.--Before promulgating any 
     regulation under subparagraph (B) or (C), the Administrator 
     shall provide an opportunity for a public hearing with 
     respect to the regulation.
       (d) Enforcement of Program.--
       (1) Notification.--
       (A) In general.--In any case in which the Administrator 
     determines, during a period during which a State has primary 
     enforcement responsibility for carbon dioxide storage, that 
     any person who is subject to a requirement of the carbon 
     dioxide storage program is violating the requirement, the 
     Administrator shall notify the State and the person violating 
     the requirement of the violation.
       (B) Failure to enforce.--If, after the date that is 30 days 
     after the Administrator notifies a State of a violation under 
     subparagraph (A), the State has not commenced appropriate 
     enforcement action, the Administrator shall--
       (i) issue an order under paragraph (2) requiring the person 
     to--

       (I) correct the matter; and
       (II) comply with the requirement; or

       (ii) bring a civil action in accordance with paragraph (3).
       (C) Violations in certain states.--In any case in which the 
     Administrator determines, during a period during which a 
     State does not have primary enforcement responsibility for 
     carbon dioxide storage, that any person subject to any 
     requirement of any applicable carbon dioxide storage program 
     in the State is violating the requirement, the Administrator 
     shall--
       (i) issue an order under paragraph (2) requiring the person 
     to comply with requirement; or
       (ii) bring a civil action in accordance with paragraph (3).
       (2) Administrative orders and appeals.--
       (A) In general.--In any case in which the Administrator has 
     the authority to bring a civil action under this subsection 
     with respect to any regulation or other requirement of this 
     section, the Administrator may, in addition to bringing the 
     civil action, issue an order under this paragraph that--
       (i) assesses a civil penalty of not more than $10,000 for 
     each day of violation for any past or current violation, up 
     to a maximum aggregate civil penalty of $125,000, for each 
     covered entity;
       (ii) requires compliance with the regulation or other 
     requirement; or
       (iii) accomplishes each of the actions described in clauses 
     (i) and (ii).
       (B) Timing.--An order under this paragraph shall be issued 
     by the Administrator only after an opportunity (provided in 
     accordance with this paragraph) for a hearing.
       (C) Notice.--Before issuing any order under subparagraph 
     (A), the Administrator shall provide to the person to whom 
     the order applies--
       (i) written notice of the intent of the Administrator to 
     issue the order; and
       (ii) the opportunity to request, within the 30-day period 
     beginning on the date of receipt by the person of the notice, 
     a hearing on the order.
       (D) Requirements.--A hearing described in subparagraph 
     (C)(ii)--
       (i) shall not be subject to section 554 or 556 of title 5, 
     United States Code; but
       (ii) shall provide to each interested person a reasonable 
     opportunity to be heard and to present evidence.
       (E) Notice and comment.--The Administrator shall provide 
     public notice of, and a reasonable opportunity to comment on, 
     any proposed order.
       (F) Specific notice.--Any person who comments on any 
     proposed order under subparagraph (E) shall be given notice 
     of any hearing under this paragraph and of any order.
       (G) Effective date.--Any order issued under this paragraph 
     shall become effective on the date that is 30 days after the 
     date of issuance of the order, unless an appeal is taken 
     pursuant to subparagraph (K).
       (H) Contents of order.--Any order issued under this 
     paragraph--
       (i) shall state with reasonable specificity the nature of 
     the violation; and
       (ii) may specify a reasonable period to achieve compliance.
       (I) Considerations.--In assessing any civil penalty under 
     this paragraph, the Administrator shall take into 
     consideration all appropriate factors, including--
       (i) the seriousness of the violation;
       (ii) the economic benefit (if any) resulting from the 
     violation;
       (iii) any history of similar violations;
       (iv) any good-faith efforts to comply with the applicable 
     requirements;
       (v) the economic impact of the penalty on the violator; and
       (vi) such other matters as justice may require.
       (J) Other actions.--Any violation with respect to which the 
     Administrator has commenced and is diligently prosecuting a 
     civil action under a provision of law other than this 
     section, or has issued an order under this paragraph 
     assessing a civil penalty, shall not be subject to a civil 
     action under paragraph (3).
       (K) Appeals.--Any person against whom an order is issued 
     may file an appeal of the order, not later than 30 days after 
     the date of issuance of the order, with--
       (i) the United States District Court for the District of 
     Columbia; or
       (ii) the United States district court for the district in 
     which the violation is alleged to have occurred.
       (L) Distribution of copies.--An appellant shall 
     simultaneously send a copy of an appeal filed under 
     subparagraph (K) by certified mail to the Administrator and 
     to the Attorney General.
       (M) Record.--The Administrator shall promptly file in the 
     appropriate court described in subparagraph (K) a certified 
     copy of the record on which an order was based.
       (N) Judicial action.--A court having jurisdiction over an 
     order issued under this paragraph shall not--
       (i) set aside or remand the order unless the court 
     determines that--

       (I) there is not substantial evidence on the record, taken 
     as a whole, to support the finding of a violation; or
       (II) the assessment by the Administrator of a civil 
     penalty, or a requirement for compliance, constitutes an 
     abuse of discretion; or

       (ii) impose additional civil penalties for the same 
     violation unless the court determines that the assessment by 
     the Administrator of a civil penalty constitutes an abuse of 
     discretion.
       (O) Failure to pay.--
       (i) In general.--If any person fails to pay an assessment 
     of a civil penalty after an order becomes effective under 
     subparagraph (G), or after a court, in a civil action brought 
     under subparagraph (K), has entered a final judgment in favor 
     of the Administrator, the Administrator may request the 
     Attorney General to bring a civil action in an appropriate 
     United States district court to recover the amount assessed, 
     plus costs, attorneys' fees, and interest at currently 
     prevailing rates, calculated from the date on which the order 
     is effective or the date of the final judgment, as the case 
     may be.
       (ii) No review of amount.--In a civil action brought under 
     clause (i), the validity, amount, and appropriateness of the 
     civil penalty shall not be subject to review.
       (P) Authority of administrator.--The Administrator may, in 
     connection with administrative proceedings under this 
     paragraph--
       (i) issue subpoenas compelling the attendance and testimony 
     of witnesses and subpoenas duces tecum; and
       (ii) request the Attorney General to bring a civil action 
     to enforce any subpoena issued under this subparagraph.
       (Q) Enforcement.--The United States district courts shall 
     have jurisdiction to enforce, and impose sanctions with 
     respect to, subpoenas issued under subparagraph (P).
       (3) Civil and criminal actions.--
       (A) In general.--A civil action referred to in subparagraph 
     (B) or (C) of paragraph (1) shall be brought in the 
     appropriate United States district court.
       (B) Authority; judgement.--A court described in 
     subparagraph (A)--
       (i) shall have jurisdiction to require compliance with any 
     requirement of an applicable carbon dioxide storage program 
     or with an order issued under paragraph (2); and
       (ii) may enter such judgment as the protection of public 
     health may require.
       (C) Penalties.--Any person who violates any requirement of 
     an applicable carbon dioxide storage program or an order 
     requiring compliance under paragraph (2)--
       (i) shall be subject to a civil penalty of not more than 
     $25,000 for each day of such violation; and
       (ii) if the violation is willful, may, in addition to or in 
     lieu of the civil penalty under clause (i), be imprisoned for 
     not more than 3 years, fined in accordance with title 18, 
     United States Code, or both.
       (4) Effect on state authority.--
       (A) In general.--Nothing in this subsection diminishes or 
     otherwise affects any authority of a State or political 
     subdivision of a State to adopt or enforce any law (including 
     a regulation) (relating to the storage of carbon dioxide.
       (B) Other requirements.--No law (including a regulation) 
     described in subparagraph (A) shall relieve any person of any 
     requirement otherwise applicable under this Act.
       (e) Financial Assurances for Storage Operators.--
       (1) In general.--Each storage operator shall be required by 
     the State regulatory agency (in the case of a State with 
     primary enforcement authority) or the Administrator (in the 
     case of a State that does not have primary enforcement 
     authority) to have and maintain financial assurances of such 
     type and in such amounts as are necessary to cover public 
     liability claims relating to the storage facility of the 
     storage operator.
       (2) Maintenance of financial assurances.--The financial 
     assurances required under paragraph (1) shall be maintained 
     by the storage operator until such time as the operator 
     obtains a certificate of completion of injection operations 
     under subsection (f).
       (3) Amount.--The amount of financial assurances required 
     under paragraph (1) shall

[[Page 11707]]

     be the maximum amount of liability insurance available at a 
     reasonable cost and on reasonable terms from private sources 
     (including private insurance, private contractual 
     indemnities, self-insurance, or a combination of those 
     measures), as determined by the Administrator.
       (f) Cessation of Storage Operations.--Upon a showing by a 
     storage operator that a storage facility is reasonably 
     expected to retain mechanical integrity and remain in place, 
     the State regulatory agency (in the case of a State with 
     primary enforcement authority) or the Administrator (in the 
     case of a State that does not have primary enforcement 
     authority) shall issue a certificate of completion of 
     injection operations to the storage operator.
       (g) Liability of Storage Operators for Release of Carbon 
     Dioxide.--
       (1) In general.--The Administrator shall agree to indemnify 
     and hold harmless a storage operator (and if different from 
     the storage operator, the owner of the storage facility) that 
     has maintained financial assurances under subsection (e) from 
     liability arising from the leakage of carbon dioxide at any 
     storage facility operated by the storage operator, to the 
     extent that the liability is in excess of the level of 
     financial protection required of the storage operator.
       (2) Completion of operations.--Upon the issuance of 
     certificate of completion of injection operations by a State 
     regulatory agency (in the case of a State with primary 
     enforcement authority) or the Administrator (in the case of a 
     State that does not have primary enforcement authority)--
       (A) the Administrator shall be vested with complete and 
     absolute title and ownership of the storage facility and any 
     stored carbon dioxide at the facility;
       (B) the storage operator and all generators of any injected 
     carbon dioxide shall be released from all further liability 
     associated with the project; and
       (C)(i) any performance bonds posted by the storage operator 
     shall be released; and
       (ii) continued monitoring of the storage facility, 
     including remediation of any well leakage, shall become the 
     responsibility of the Administrator.
       (h) Funding.--
       (1) In general.--For each fiscal year, the Administrator 
     shall collect an annual assessment from each storage operator 
     for each storage facility that has not obtained a certificate 
     of completion of injection operations.
       (2) Assessment amount.--The amount of the assessment for a 
     storage facility for a fiscal year shall be equal to the 
     product obtained by multiplying--
       (A) the per-ton assessment for the fiscal year calculated 
     under paragraph (4); and
       (B) the total number of tons of carbon dioxide injected for 
     storage by the storage operator during the preceding fiscal 
     year at all storage facilities operated by the storage 
     operator during the fiscal year.
       (3) Aggregate amount.--The aggregate amount of assessments 
     collected from all storage operators under paragraph (1) for 
     any fiscal year shall be equal to the sum of, with respect to 
     the fiscal year--
       (A) any indemnification payments required to be made 
     pursuant to subsection (g)(1);
       (B) any costs associated with storage facilities to which 
     the Administrator has taken title pursuant to subsection 
     (g)(2), including costs associated with any--
       (i) inspection, monitoring, recordkeeping, and reporting 
     requirements of those facilities;
       (ii) remediation of carbon dioxide leakage; or
       (iii) plugging and abandoning of remaining wells; and
       (C) any costs associated with public liability of storage 
     facilities to which the Administrator has taken title 
     pursuant to subsection (g)(2).
       (4) Calculation of assessment.--The assessment under this 
     subsection per ton of carbon dioxide for a fiscal year shall 
     be equal to the quotient obtained by dividing--
       (A) the aggregate amount of assessments calculated under 
     paragraph (3) for the fiscal year; by
       (B) the aggregate number of tons of carbon dioxide injected 
     for storage during the preceding fiscal year by all storage 
     operators.
       (5) Information.--The Administrator shall require the 
     submission of such information by each storage operator on an 
     annual basis as is necessary to make the calculations 
     required under this subsection.
       (i) Relationship to Other Laws.--
       (1) In general.--The Administrator shall promulgate 
     regulations for permitting commercial-scale underground 
     injection of carbon dioxide for purposes of geological 
     sequestration under this section.
       (2) Safe drinking water act.--Section 1421 of the Safe 
     Drinking Water Act (42 U.S.C. 300h) shall not be used as a 
     basis for permitting commercial-scale underground injection 
     or storage of carbon dioxide.

       Beginning on page 329, strike line 1 and all that follows 
     through page 330, line 3.

       At the end of title X, add the following:

              Subtitle D--Clean Coal Technology Incentives

     SEC. 1031. SHORT TITLE.

       This subtitle may be cited as the ``Energy Security and 
     Climate Enhancement Through Clean Coal Technology Act of 
     2008''.

     SEC. 1032. MODIFICATION OF SPECIAL RULES FOR ATMOSPHERIC 
                   POLLUTION CONTROL FACILITIES.

       (a) In General.--Subsection (d) of section 169 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(6) Special rules for certain atmospheric pollution 
     control facilities.--Notwithstanding paragraph (1), the term 
     `pollution control facility' includes any mechanical or 
     electronic system which--
       ``(A) which is a new identifiable treatment facility (as 
     defined in paragraph (4)),
       ``(B) which is--
       ``(i) installed after December 31, 2007, and
       ``(ii) used in connection with an electric generation plant 
     or other property which is primarily coal fired, and
       ``(C) which is certified by the owner or operator of the 
     plant or other property, in such form and manner as 
     prescribed by the Secretary, to reduce carbon dioxide 
     emissions per net megawatt hour of electricity generation 
     by--
       ``(i) optimizing combustion,
       ``(ii) optimizing sootblowing and heat transfer,
       ``(iii) upgrading steam temperature control capabilities,
       ``(iv) reducing exit gas temperatures (air heater 
     modifications)
       ``(v) predrying low rank coals using power plant waste 
     heat,
       ``(vi) modifying steam turbines or change the steam path/
     blading,
       ``(vii) replacing single speed motors with variable speed 
     drives for fans and pumps,
       ``(viii) improving operational controls, including neural 
     networks, or
       ``(ix) any other means approved by the Secretary, in 
     consultation with the Secretary of Health and Human 
     Services.''.
       (b) Deduction Not Adjusted for Purposes of Determining 
     Alternative Minimum Tax.--Paragraph (5) of section 56(a) of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new sentence: ``The preceding sentences of 
     this paragraph shall not apply to any pollution control 
     facility described in section 169(d)(6).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. 1033. EXTENSION AND MODIFICATION OF PRODUCTION CREDIT 
                   FOR CLOSED-LOOP BIOMASS.

       (a) In General.--Clause (ii) of section 45(d)(2)(A) of the 
     Internal Revenue Code of 1986 is amended to read as follows:
       ``(iii) owned by the taxpayer which after before January 1, 
     2014 is originally placed in service and modified, or is 
     originally placed in service as a facility, to use closed-
     loop biomass to co-fire (or, in the case of an integrated 
     gasification combined cycle facility, to co-process) with 
     coal, with other biomass, or with both.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to electricity produced and sold after the date 
     of the enactment of this Act.

     SEC. 1034. QUALIFYING NEW CLEAN COAL POWER PLANT CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 48B the following new section:

     ``SEC. 48C. QUALIFYING NEW CLEAN COAL POWER PLANT CREDIT.

       ``(a) Allowance of Credit.--
       ``(1) In general.--For purposes of section 46, the 
     qualifying new clean coal power plant credit for any taxable 
     year is an amount equal to the applicable percentage of the 
     qualified investment for such taxable year.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage shall be determined as 
     follows:

----------------------------------------------------------------------------------------------------------------
                    ``In the case of a plant which either has--
------------------------------------------------------------------------------------  The applicable percentage
                                                         a carbon dioxide emission               is:
      a design net heat rate below--            or               rate of--
----------------------------------------------------------------------------------------------------------------
7,580 Btu/kWh (45% efficiency)...........  ...........  1,577 lbs/MWh or less......  30 percent
7,760 Btu/kWh (44% efficiency)...........  ...........  1,613 lbs/MWh or less......  28 percent
7,940 Btu/kWh (43% efficiency)...........  ...........  1,650 lbs/MWh or less......  26 percent
8,120 Btu/kWh (42% efficiency)...........  ...........  1,690 lbs/MWh or less......  20 percent
8,322 Btu/kWh (41% efficiency)...........  ...........  1,731 lbs/MWh or less......  10 percent
8,530 Btu/kWh (40% efficiency)...........  ...........  1,774 lbs/MWh or less......  10 percent
----------------------------------------------------------------------------------------------------------------


[[Page 11708]]

       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying new clean 
     coal power plant--
       ``(A)(i) the construction, reconstruction, or erection of 
     which is completed by the taxpayer, or
       ``(ii) which is acquired by the taxpayer if the original 
     use of such property commences with the taxpayer, and
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(2) Special rule for certain subsidized property.--Rules 
     similar to section 48(a)(4) shall apply for purposes of this 
     section.
       ``(3) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualifying new clean coal power plant.--The term 
     `qualifying new clean coal power plant' means a facility 
     which--
       ``(A) which meets the requirements of section 48A(e),
       ``(B) which either--
       ``(i) has a design net heat rate of below 8,530 Btu/kWh, or
       ``(ii) has a carbon dioxide emission rate of 1,774 lbs/MWh 
     or less, and
       ``(C) which--
       ``(i) is designed to capture carbon dioxide emissions, or
       ``(ii)(I) is designed to include a built-in space for 
     future carbon dioxide capture hardware (and improved 
     foundations and ironwork necessary to accommodate the 
     additional hardware),
       ``(II) includes an engineering feasibility study 
     identifying a system, including associated cost and 
     performance parameters, to retrofit carbon capture equipment, 
     and
       ``(III) includes a site or sited identified where carbon 
     dioxide may be stored or used for commercial purposes.
       ``(2) Eligible property.--The term `eligible property' 
     means any property which is a part of a qualifying new clean 
     coal power plant.
       ``(d) Qualifying New Clean Coal Power Plant Program.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of this section, the Secretary, in 
     consultation with the Secretary of Energy, shall establish a 
     qualifying new clean coal power plant program, under which 
     the Secretary shall certify projects eligible for the credit 
     under subsection (a)
       ``(2) Application.--An application under for certification 
     under this section shall contain such information as the 
     Secretary may require in order to make a determination to 
     accept or reject an application for certification as meeting 
     the requirements of this section. Any information contained 
     in the application shall be protected as provided in section 
     552(b)(4) of title 5, United States Code.
       ``(3) Aggregate credits.--The aggregate or projects 
     certified by the Secretary under this subsection shall not 
     exceed an aggregate capacity for electricity generation of 
     more than 6,000 megawatts.''.
       ``(e) Recapture of Credit.--The Secretary shall provide for 
     recapturing the benefit of any credit allowable under 
     subsection (a) with respect to any project which fails to 
     attain or maintain any of the requirements of this 
     section.''.
       (b) Conforming Amendments.--
       (1) Section 46 of the Internal Revenue Code of 1986 is 
     amended by striking ``and'' at the end of paragraph (3), by 
     striking the period at the end of paragraph (4) and inserting 
     ``, and'', and by adding at the end the following new 
     paragraph:
       ``(5) the qualifying new clean coal power plant credit.''.
       (2) Section 49(a)(1)(C) of such Code is amended by striking 
     ``and'' at the end of clause (iii), by striking the period at 
     the end of clause (iv) and inserting ``, and'', and by adding 
     at the end the following new clause:
       ``(v) the basis of any property which is part of a 
     qualifying new clean coal power plant under section 48C.''.
       (3) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 48B the 
     following new item:

``Sec. 48C. Qualifying new clean coal power plant credit.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect before the 
     date of the enactment of the Revenue Reconciliation Act of 
     1990).

     SEC. 1035. INVESTMENT CREDIT FOR EQUIPMENT USED TO CAPTURE, 
                   TRANSPORT, AND STORE CARBON DIOXIDE.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986, as amended by 
     this Act, is amended by inserting after section 48C the 
     following new section:

     ``SEC. 48D. EQUIPMENT USED TO CAPTURE, TRANSPORT, AND STORE 
                   CARBON DIOXIDE EMISSIONS.

       ``(a) General Rule.--For purposes of section 46, the 
     qualifying carbon dioxide equipment credit for any taxable 
     year is an amount equal to 30 percent of the qualified 
     investment for such taxable year.
       ``(b) Qualified Investment.--For purposes of subsection 
     (a), the qualified investment for any taxable year is the 
     basis of eligible property placed in service by the taxpayer 
     during such taxable year.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible property.--The term `eligible property' 
     means equipment installed on a qualified coal-fired electric 
     power generating unit to capture, transport, and store carbon 
     dioxide produced at such generating unit, including equipment 
     to separate and pressurize carbon dioxide for transport 
     (including hardware to operate such equipment) and equipment 
     to transport, inject, and monitor such carbon dioxide, as 
     further specified and identified, by rule, by the Secretary.
       ``(2) Qualified coal-fired electric generation unit.--The 
     term `qualified coal-fired electric generation unit' means a 
     unit which, after installation of eligible property, is 
     designed to capture and store in a geologic formation not 
     less than 500,000 metric tons of carbon dioxide per year.
       ``(d) Aggregate Credits.--The credits allowed under 
     subsection (a) shall apply only to the first 9,000 megawatts 
     of capacity of qualified coal-fired electric power generating 
     units certified by the Secretary under subsection (e).
       ``(e) Certification.--
       ``(1) Certification process.--The Secretary shall establish 
     a certification process to determine the extent to which 
     eligible property has been installed on a qualified coal-
     fired electric power generating unit, and to make such other 
     determinations as the Secretary deems appropriate. The 
     Secretary shall prepare an application for certification.
       ``(2) Requirements for applications for certification.--An 
     application for certification shall contain such information 
     as the Secretary may require in order to establish credit 
     entitlement. Any information contained in an application 
     shall be protected as provided in section 552(b)(4) of title 
     5, United States Code.''.
       (b) Conforming Amendments.--
       (1) Section 46 of the Internal Revenue Code of 1986, as 
     amended by this Act, is amended by striking ``and'' at the 
     end of paragraph (4), by striking the period at the end of 
     paragraph (5) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(6) the qualifying carbon dioxide equipment credit.''.
       (2) Section 49(a)(1)(C) of such Code, as amended by this 
     Act, is amended by striking ``and'' at the end of clause 
     (iv), by striking the period at the end of clause (v) and 
     inserting ``, and'', and by adding at the end the following 
     new clause:
       ``(vi) the basis of any eligible property under section 
     48D.''.
       (3) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 of such Code, as amended by this 
     Act is amended by inserting after the item relating to 
     section 48C the following new section:

``Sec. 48D. Equipment used to capture, transport, and store carbon 
              dioxide emissions.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect before the 
     date of the enactment of the Revenue Reconciliation Act of 
     1990).

     SEC. 1036. TAX CREDIT FOR CARBON DIOXIDE SEQUESTRATION IN THE 
                   GENERATION OF ELECTRICITY.

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

     ``SEC. 45Q. CREDIT SEQUESTERING CARBON DIOXIDE IN THE 
                   GENERATION OF ELECTRICITY.

       ``(a) General Rule.--For purposes of section 38, the carbon 
     dioxide sequestration credit for any taxable year is an 
     amount equal to the sum of--
       ``(1) $30 per metric ton of qualified carbon dioxide which 
     is--
       ``(A) captured by the taxpayer at a qualified facility 
     during the credit period, and
       ``(B) disposed of by the taxpayer in secure geological 
     storage, and
       ``(2) $10 per metric ton of qualified carbon dioxide which 
     is--
       ``(A) captured by the taxpayer at a qualified facility 
     during the credit period, and
       ``(B) used by the taxpayer as a tertiary injectant in a 
     qualified enhanced oil or natural gas recovery project.
       ``(b) Qualified Facility.--For purposes of this section--
       ``(1) In general.--The term `qualified facility' means any 
     industrial facility--
       ``(A) which is owned by the taxpayer,
       ``(B) at which carbon capture equipment is placed in 
     service,
       ``(C) which captures not less than 500,000 metric tons of 
     carbon dioxide during the taxable year, and

[[Page 11709]]

       ``(D) which is certified by the Secretary under paragraph 
     (2).
       ``(2) Certification.--
       ``(A) In general.--The Secretary, in consultation with the 
     Secretary of Energy, shall establish a program under which 
     facilities which use coal for the generation of electricity 
     are certified for purposes of this section.
       ``(B) Limitation.--The total aggregate generating capacity 
     of all facilities certified by the Secretary under this 
     paragraph shall not exceed 9,000 megawatts.
       ``(c) Qualified Carbon Dioxide.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified carbon dioxide' 
     means carbon dioxide captured from an industrial source 
     which--
       ``(A) would otherwise be released into the atmosphere as 
     industrial emissions of greenhouse gas, and
       ``(B) is measured at the source of capture and verified at 
     the point of disposal or injection.
       ``(2) Recycled carbon dioxide.--The term `qualified carbon 
     dioxide' includes the initial deposit of captured carbon 
     dioxide used as a tertiary injectant. Such term does not 
     include carbon dioxide that is re-captured, recycled, and re-
     injected as part of the enhanced oil and natural gas recovery 
     process.
       ``(d) Special Rules and Definitions.--For purposes of this 
     section--
       ``(1) Credit period.--The term `credit period' means, with 
     respect to any qualified facility, the 10-year period 
     beginning on the date on which qualified carbon dioxide for 
     which a credit was allowed under subsection (a) was first 
     captured.
       ``(2) Only carbon dioxide captured within the united states 
     taken into account.--The credit under this section shall 
     apply only with respect to qualified carbon dioxide the 
     capture of which is within--
       ``(A) the United States (within the meaning of section 
     638(1)), or
       ``(B) a possession of the United States (within the meaning 
     of section 638(2)).
       ``(3) Secure geological storage.--The Secretary, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall establish regulations for 
     determining adequate security measures for the geological 
     storage of carbon dioxide under subsection (a)(1)(B) such 
     that the carbon dioxide does not escape into the atmosphere. 
     Such term shall include storage at deep saline formations and 
     unminable coal seems under such conditions as the Secretary 
     may determine under such regulations.
       ``(4) Tertiary injectant.--The term `tertiary injectant' 
     has the same meaning as when used within section 193(b)(1).
       ``(5) Qualified enhanced oil or natural gas recovery 
     project.--The term `qualified enhanced oil or natural gas 
     recovery project' has the meaning given the term `qualified 
     enhanced oil recovery project' by section 43(c)(2), by 
     substituting `crude oil or natural gas' for `crude oil' in 
     subparagraph (A)(i) thereof.
       ``(6) Credit attributable to taxpayer.--Any credit under 
     this section shall be attributable to the person that 
     captures and physically or contractually ensures the disposal 
     of or the use as a tertiary injectant of the qualified carbon 
     dioxide, except to the extent provided in regulations 
     prescribed by the Secretary.
       ``(7) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any qualified carbon 
     dioxide which ceases to be captured, disposed of, or used as 
     a tertiary injectant in a manner consistent with the 
     requirements of this section.
       ``(8) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2008, there shall be 
     substituted for each dollar amount contained in subsection 
     (a) an amount equal to the product of--
       ``(A) such dollar amount, multiplied by
       ``(B) the inflation adjustment factor for such calendar 
     year determined under section 43(b)(3)(B) for such calendar 
     year, determined by substituting `2007' for `1990'.''.
       (b) Conforming Amendment.--Section 38(b) of the Internal 
     Revenue Code of 1986 (relating to general business credit) is 
     amended by striking ``plus'' at the end of paragraph (32), by 
     striking the period at the end of paragraph (33) and 
     inserting ``, plus'', and by adding at the end of following 
     new paragraph:
       ``(34) the carbon dioxide sequestration credit determined 
     under section 45Q(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 (relating to other credits) is amended 
     by adding at the end the following new section:

``Sec. 45Q. Credit for sequestering carbon dioxide in the generation of 
              electricity.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply carbon dioxide captured after the date of the 
     enactment of this Act.

     SEC. 1037. CLEAN ENERGY COAL BONDS.

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

     ``SEC. 54C. CLEAN ENERGY COAL BONDS.

       ``(a) Clean Energy Coal Bond.--For purposes of this 
     subchapter--
       ``(1) In general.--The term `clean energy coal bond' means 
     any bond issued as part of an issue if--
       ``(A) the bond is issued by a qualified issuer pursuant to 
     an allocation by the Secretary to such issuer of a portion of 
     the national clean energy coal bond limitation under 
     subsection (b)(2);
       ``(B) 100 percent of the available project proceeds from 
     the sale of such issue are to be used for capital 
     expenditures incurred by qualified borrowers for 1 or more 
     qualified projects;
       ``(C) the qualified issuer designates such bond for 
     purposes of this section and the bond is in registered form; 
     and
       ``(D) in lieu of the requirements of section 54A(d)(2), the 
     issue meets the requirements of subsection (c).
       ``(2) Qualified project; special use rules.--
       ``(A) In general.--The term `qualified project' means a 
     qualified clean coal project (as defined in subsection 
     (f)(1)) placed in service by a qualified borrower.
       ``(B) Refinancing rules.--For purposes of paragraph (1)(B), 
     a qualified project may be refinanced with proceeds of a 
     clean energy coal bond only if the indebtedness being 
     refinanced (including any obligation directly or indirectly 
     refinanced by such indebtedness) was originally incurred by a 
     qualified borrower after the date of the enactment of this 
     section.
       ``(C) Reimbursement.--For purposes of paragraph (1)(B), a 
     clean energy coal bond may be issued to reimburse a qualified 
     borrower for amounts paid after the date of the enactment of 
     this section with respect to a qualified project, but only 
     if--
       ``(i) prior to the payment of the original expenditure, the 
     qualified borrower declared its intent to reimburse such 
     expenditure with the proceeds of a clean energy coal bond;
       ``(ii) not later than 60 days after payment of the original 
     expenditure, the qualified issuer adopts an official intent 
     to reimburse the original expenditure with such proceeds; and
       ``(iii) reimbursement is not made later than 18 months 
     after the date the original expenditure is paid or the date 
     the project is placed in service or abandoned, but in no 
     event more than 3 years after the original expenditure is 
     paid.
       ``(D) Treatment of changes in use.--For purposes of 
     paragraph (1)(B), the proceeds of an issue shall not be 
     treated as used for a qualified project to the extent that a 
     qualified borrower takes any action within its control which 
     causes such proceeds not to be used for a qualified project. 
     The Secretary shall prescribe regulations specifying remedial 
     actions that may be taken (including conditions to taking 
     such remedial actions) to prevent an action described in the 
     preceding sentence from causing a bond to fail to be a clean 
     energy coal bond.
       ``(b) Limitation on Amount of Bonds Designated.--
       ``(1) National limitation.--There is a national clean 
     energy coal bond limitation of $5,000,000,000.
       ``(2) Allocation by secretary.--The Secretary shall 
     allocate the amount described in paragraph (1) among 
     qualified projects in such manner as the Secretary determines 
     appropriate.
       ``(c) Special Rules Relating to Expenditures.--
       ``(1) In general.--An issue shall be treated as meeting the 
     requirements of this subsection if, as of the date of 
     issuance. the qualified issuer reasonably expects--
       ``(A) 100 percent or more of the available project proceeds 
     from the sale of the issue are to be spent for 1 or more 
     qualified projects within the 5-year period beginning on the 
     date of issuance of the clean energy bond;
       ``(B) a binding commitment with a third party to spend at 
     least 10 percent of such available project proceeds from the 
     sale of the issue will be incurred within the 6-month period 
     beginning on the date of issuance of the clean energy bond 
     or, in the case of a clean energy bond the available project 
     proceeds of which are to be loaned to 2 or more qualified 
     borrowers, such binding commitment will be incurred within 
     the 6-month period beginning on the date of the loan of such 
     proceeds to a qualified borrower; and
       ``(C) such projects will be completed with due diligence 
     and the available project proceeds from the sale of the issue 
     will be spent with due diligence.
       ``(2) Extension of period.--Upon submission of a request 
     prior to the expiration of the period described in paragraph 
     (1)(A), the Secretary may extend such period if the qualified 
     issuer establishes that the failure to satisfy the 5-year 
     requirement is due to reasonable cause and the related 
     projects will continue to proceed with due diligence.
       ``(3) Failure to spend required amount of bond proceeds 
     within 5 years.--To the extent that less than 100 percent of 
     the available project proceeds of such issue are expended by 
     the close of the 5-year period beginning on the date of 
     issuance (or if an extension has been obtained under 
     paragraph (2), by the close of the extended period), the 
     qualified issuer shall redeem all of the nonqualified bonds 
     within 90 days after the end

[[Page 11710]]

     of such period. For purposes of this paragraph, the amount of 
     the nonqualified bonds required to be redeemed shall be 
     determined in the same manner as under section 142.
       ``(d) Cooperative Electric Company; Qualified Energy Tax 
     Credit Bond Lender; Governmental Body; Qualified Borrower.--
     For purposes of this section--
       ``(1) Cooperative electric company.--The term `cooperative 
     electric company' means a mutual or cooperative electric 
     company described in section 501(c)(12) or section 
     1381(a)(2)(C), or a not-for-profit electric utility which has 
     received a loan or loan guarantee under the Rural 
     Electrification Act.
       ``(2) Clean energy bond lender.--The term `clean energy 
     bond lender' means a lender which is a cooperative which is 
     owned by, or has outstanding loans to, 100 or more 
     cooperative electric companies and is in existence on 
     February 1, 2002, and shall include any affiliated entity 
     which is controlled by such lender.
       ``(3) Public power entity.--The term `public power entity' 
     means a State utility with a service obligation, as such 
     terms are defined in section 217 of the Federal Power Act (as 
     in effect on the date of enactment of this paragraph).
       ``(4) Qualified issuer.--The term `qualified issuer' 
     means--
       ``(A) a clean energy bond lender;
       ``(B) a cooperative electric company; or
       ``(C) a public power entity.
       ``(5) Qualified borrower.--The term `qualified borrower' 
     means--
       ``(A) a mutual or cooperative electric company described in 
     section 501(c)(12) or 1381(a)(2)(C); or
       ``(B) a public power entity.
       ``(e) Special Rules Relating to Pool Bonds.--No portion of 
     a pooled financing bond may be allocable to any loan unless 
     the borrower has entered into a written loan commitment for 
     such portion prior to the issue date of such issue.
       ``(f) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Qualified clean coal project.--For purposes of this 
     section, the term `qualified clean coal project' means--
       ``(A) an atmospheric pollution control facility (within the 
     meaning of section 169(d)(5)(C));
       ``(B) a closed-loop biomass facility (within the meaning of 
     section 45(d)(2));
       ``(C) a qualified new clean coal power plant (within the 
     meaning of section 48C(d)(1));
       ``(D) qualifying carbon dioxide equipment described in 
     section 48D(c)(1); or
       ``(E) a qualified facility (within the meaning of section 
     450(c)).
       ``(2) Pooled financing bond.--The term `pooled financing 
     bond' shall have the meaning given such term by section 
     149(f)(4)(A).
       ``(g) Termination.--This section shall not apply with 
     respect to any bond issued after December 31, 2018.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(1) Qualified tax credit bond.--The term `qualified tax 
     credit bond' means--
       ``(A) a qualified forestry conservation bond, or
       ``(B) a clean energy coal bond,
     which is part of an issue that meets requirements of 
     paragraphs (2), (3), (4), (5), and (6).''.
       (2) Subparagraph (C) of section 54A(d)(2) of such Code is 
     amended to read as follows:
       ``(C) Qualified purpose.--For purposes of this paragraph, 
     the term `qualified purpose' means--
       ``(i) in the case of a qualified forestry conservation 
     bond, a purpose specified in section 54B(e), and
       ``(ii) in the case of a clean energy coal bond, a purpose 
     specified in section 54C(f)(1).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     I of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 54C. Clean energy coal bonds.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after December 31, 2008.
                                 ______
                                 
  SA 4944. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

    Subtitle H--Clarification of Use of Amounts Deposited Into Funds

     SEC. 1771. CLARIFICATION.

       Notwithstanding any other provision of law (including 
     regulations), amounts deposited in any fund established 
     pursuant to this Act for the purpose of technology 
     development shall be in addition to, and shall not supplant, 
     funds otherwise made available for that purpose in an 
     appropriations Act.
                                 ______
                                 
  SA 4945. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 489, between lines 3 and 4, insert the following:
       (c) Authority to Establish Standards for Mobile Sources.--
     Nothing in this Act confers on the Federal Government or any 
     State government any authority to establish any form of 
     standard, limitation, prohibition, or cap relating to 
     greenhouse gas emissions for mobile sources.
                                 ______
                                 
  SA 4946. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 192, strike line 20 and insert the following:

     generators in the United States, and an additional quantity 
     to fossil fuel-fired electricity generators that sell 
     electricity at a price regulated by a State entity, or rural 
     electric cooperatives.

       On page 193, strike the table before line l and insert the 
     following:


------------------------------------------------------------------------
                                                          Percentage for
                                          Percentage for   distribution
                                           distribution    among fossil
                                           among fossil     fuel-fired
                                            fuel-fired      electricity
              Calendar year                 electricity    generators in
                                           generators in    the United
                                            the United      States with
                                              States         regulated
                                                              prices
------------------------------------------------------------------------
2012....................................          18                   1
2013....................................          18                   1
2014....................................          18                   1
2015....................................          18                   1
2016....................................          17.75                1
2017....................................          17.5                 1
2018....................................          17.25                1
2019....................................          16.25                2
2020....................................          15                   3
2021....................................          13.5                 3
2022....................................          11.25                4
2023....................................          10.25                5
2024....................................           9                   6
2025....................................           8.75                6
2026....................................           5.75                7
2027....................................           4.5                 8
2028....................................           4.25                8
2029....................................           3                   9
2030....................................           2.75               9.
------------------------------------------------------------------------


       On page 196, between lines 14 and 15, insert the following:
       (d) Fossil Fuel-Fired Electricity Generators in the United 
     States With Regulated Prices.--
       (1) In general.--The emission allowances allocated for a 
     calendar year by section 551 for fossil fuel-fired 
     electricity generators in the United States with regulated 
     prices shall be distributed in the same manner as emission 
     allowances are distributed under subsections (a) through (c).
       (2) Adjustment.--The Administrator shall adjust emission 
     allowances distributed to other non-covered entities under 
     this Act by an across-the-board adjustment so as to ensure 
     that the total percentage of emission allowances allocated 
     under this Act equals 100 percent.
                                 ______
                                 
  SA 4947. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 423, after line 25, insert the following:

     SEC. 1308. RESPONSE TO CERTAIN ACTIONS ARISING OUT OF WORLD 
                   TRADE ORGANIZATION PROCEEDINGS.

       (a) In General.--The United States Trade Representative 
     shall provide timely notice to Congress, through the Chairman 
     and Ranking Members of the Committee on Environment and 
     Public Works of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives, of proceedings 
     before the World Trade Organization challenging the 
     consistency of any aspect of this subtitle with respect to 
     international agreements to which the United States is a 
     party. The notice shall include--
       (1) the commencement of any such proceeding;

[[Page 11711]]

       (2) any decision by a dispute settlement panel or body with 
     respect to such a proceeding;
       (3) the status of any implementation period provided for 
     the United States to bring a measure into conformity with the 
     recommendations or rulings of the Dispute Settlement Body of 
     the World Trade Organization and arising out of any such a 
     proceeding, as well as the timetables associated with any 
     such implementation period;
       (4) authorization of any foreign country to engage in 
     retaliatory actions in response to the failure of the United 
     States to implement any recommendation or ruling of the 
     Dispute Settlement Body of the World Trade Organization; and
       (5) the commencement of retaliatory actions by any foreign 
     country against products of the United States arising out of 
     any such proceeding.
       (b) Notice to Administrator.--The United States Trade 
     Representative shall provide notice to the Administrator of 
     the Environmental Protection Agency of any retaliatory action 
     by a foreign country pursuant to authorization by the Dispute 
     Settlement Body of the World Trade Organization and in 
     response to a finding that the United States has failed to 
     implement any recommendation or ruling of the Dispute 
     Settlement Body relating to a proceeding described in 
     subsection (a).
       (c) Suspension of Reserve Allowance.--Upon receipt of any 
     notification described in subsection (b), the Administrator 
     shall suspend application of the international reserve 
     allowance program established under section 1306 and shall 
     promptly publish notification of the termination of the 
     program.
       (d) Cessation of Emission Allowance and Offset.--
     Notwithstanding any other provision of this Act, effective 
     with the publication of the notification described in 
     subsection (c), any obligation of an affected domestic 
     producer of competitive goods to submit an emission allowance 
     or offset under section 202 to account for emissions 
     associated with the production of an affected domestic 
     product shall cease to apply.
       (e) Distribution to Affected Domestic Producers.--
     Notwithstanding any other provision of this Act, effective in 
     the first calendar year following any termination of the 
     international reserve allowance program, as described in 
     subsection (c), and continuing through 2050, the 
     Administrator shall establish a program to distribute a 
     quantity of emission allowances established pursuant to 
     section 201(a) to each entity that was an affected domestic 
     producer of competitive goods during the last year of 
     operation of the international reserve allowance program. The 
     quantity of emission allowances distributed to each such 
     entity shall be sufficient to offset any additional costs 
     arising out of the requirements of this Act (other than costs 
     arising out of any obligation terminated pursuant to 
     subsection (d)) in the production of an affected domestic 
     product, including costs arising from the purchase of 
     electricity or from allowance requirements imposed upon the 
     producers of inputs used to produce an affected domestic 
     product.
       (f) Regulations.--Following publication of notice of any 
     termination of the international reserve allowance program, 
     as described in subsection (c), the Administrator shall 
     promulgate such regulations as the Administrator determines 
     to be necessary to implement the requirements of this 
     section.
       (g) Definitions.--For purposes of this title:
       (1) Affected domestic producers of competitive goods.--The 
     term ``affected domestic producers of competitive goods'' 
     means any manufacturing entity in the United States that 
     makes products like or directly competitive with any product 
     treated as a covered good.
       (2) Affected domestic product.--The term ``affected 
     domestic product'' means a product produced by any 
     manufacturing entity in the United States that is like or 
     directly competitive with any product treated as a covered 
     good.
                                 ______
                                 
  SA 4948. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 481, strike line 14 and insert the following:
       (b) Presidential Determination of Economic Security 
     Emergency.--For purposes of this section, the President shall 
     determine that an economic security emergency exists in any 
     situation in which the price charged for an emission 
     allowance under this Act is prohibitively expensive, as 
     determined by the Board, by regulation.
       (c) Consultation.--In making an emergency dec-
       On page 482, strike lines 2 through 4 and insert the 
     following:

     After making an emergency declaration under section 1711--
       (1) the President shall declare, by proclamation, each 
     action required to minimize the emergency; and
       (2) if the emergency declaration was made as a result of an 
     economic security emergency, all compliance obligations under 
     title II shall be suspended until such date as the 
     proclamation is terminated under section 1715.
                                 ______
                                 
  SA 4949. Ms. STABENOW (for herself, Mr. Crapo, Mr. Brownback, Mr. 
Salazar, Mrs. Dole, Mr. Johnson, Mr. Conrad, Ms. Klobuchar, and Mr. 
Warner) submitted an amendment intended to be proposed by her to the 
bill S. 3036, to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 26, strike lines 23 through 25 and insert the 
     following:
       (B) Exclusions.--The term ``manufacture'' does not 
     include--
       (i) the creation of a greenhouse gas through anaerobic 
     decomposition; or
       (ii) the creation of a greenhouse gas from manure or 
     enteric fermentation.
       On page 28, line 4, insert ``, destroys, or avoids'' after 
     ``reduces''.
       On page 28, line 6, strike ``from sources or sinks''.
       On page 28, between lines 8 and 9, insert the following:
       (__) Offset project representative.--The term ``offset 
     project representative'' means an individual or entity 
     designated as an offset project representative in a petition 
     for an offset project submitted under section 304.
       Beginning on page 77, strike line 9 and all that follows 
     through page 121, line 15, and insert the following:

     SEC. 302. ESTABLISHMENT OF A DOMESTIC OFFSET PROGRAM.

       (a) Regulations.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator and the Secretary of 
     Agriculture shall promulgate regulations authorizing the 
     certification and issuance of offset allowances in accordance 
     with this subtitle
       (b) Use.--The regulations under subsection (a) shall 
     provide that, beginning with calendar year 2012, owners and 
     operators of covered entities may satisfy the allowance 
     submission requirements of the owners and operators under 
     section 202 for each calendar year by submitting a carbon 
     dioxide equivalent quantity of domestic offset allowances of 
     up to 1,000,000,000 tons.
       (c) Carryover.--If the carbon dioxide equivalent quantity 
     of domestic offset allowances submitted for a calendar year 
     pursuant to this subtitle is less than 1,000,000,000 tons, 
     notwithstanding subsection (b), the carbon dioxide equivalent 
     quantity of domestic offset allowances that may be submitted 
     by covered entities under this subtitle for the subsequent 
     calendar year shall not exceed the sum of--
       (1) 1,000,000,000 tons; and
       (2) the difference between--
       (A) 1,000,000,000 tons; and
       (B) the carbon dioxide equivalent tons of offset allowances 
     and emission allowances submitted by covered entities for the 
     preceding calendar year under this subtitle.
       (d) Reduction.--Beginning in calendar year 2030, the 
     Administrator may reduce the quantity of tons of carbon 
     dioxide equivalents available for offsets under this section 
     except that the quantity may not be reduced to less than 85 
     percent of the quantity of tons specified in subsection (b).
       (e) Exchange for Offsets From State and Regional Regulatory 
     Programs.--
       (1) In general.--Except as provided in paragraph (2), the 
     Administrator shall issue offset allowances for projects that 
     address emissions of greenhouse gas that would otherwise not 
     have been covered under the limitations on emissions of 
     greenhouse gases under this Act and meet the requirements of 
     this subtitle for offset allowances--
       (A) issued under a State or regional greenhouse gas 
     regulatory program; or
       (B) are registered under or meet the standards of--
       (i) the Climate Registry;
       (ii) the California Climate Action Registry;
       (iii) the Climate Action Reserve;
       (iv) the GHG Registry;
       (v) the Chicago Climate Exchange;
       (vi) the GHG Clean Projects Registry; or
       (vii) any other Federal or private reporting program.
       (2) Nonapplicability.--This subsection shall not apply to 
     offset allowances that have expired or been retired or 
     canceled under a program described in paragraph (1).
       (f) Requirements.--The regulations promulgated pursuant to 
     subsection (a) shall--
       (1) authorize the issuance and certification of offset 
     allowances for greenhouse gas emission reductions, 
     destruction, or avoidance, or increases in sequestration 
     relative to the offset project baseline; for offset projects 
     approved pursuant to section 304 in categories on the list 
     issued under section 303;
       (2) ensure that those offsets represent real, enforceable, 
     verifiable, additional, and permanent reductions in 
     greenhouse gas emissions or increases in sequestration;
       (3) require that the offset project representative for an 
     offset project establish the project baseline and register 
     emission reductions with the offset Registry;

[[Page 11712]]

       (4) specify the types of offset projects eligible to 
     generate offset allowances, in accordance with section 303;
       (5) establish procedures to monitor, quantify, and discount 
     reductions in greenhouse gas emissions or increases in 
     biological sequestration, in accordance with section 303;
       (6) establish procedures for project initiation and 
     approval, in accordance with section 304;
       (7) establish procedures for third-party verification, 
     registration, and issuance of offset allowances, in 
     accordance with section 305;
       (8) ensure permanence of offsets by mitigating and 
     compensating for reversals, in accordance with section 306; 
     and
       (9) assign a unique serial number to each offset allowance 
     issued under this section.
       (g) Offset Allowances Rewarded.--The Administrator shall 
     issue to the offset project representative offset allowances 
     for qualifying emission reductions, destruction, or avoidance 
     and biological sequestrations from an offset project that 
     satisfies the applicable requirements of this subtitle.
       (h) Transferability.--An offset allowance generated 
     pursuant to this subtitle may be sold, traded, or 
     transferred, on the condition that the offset allowance has 
     not expired or been retired or canceled.

     SEC. 303. ELIGIBLE OFFSET PROJECT TYPES.

       (a) In General.--An offset allowance from agricultural, 
     forestry, or other land use-related projects shall be 
     provided only for achieving an offset of 1 or more greenhouse 
     gases by a method other than a reduction of combustion of 
     greenhouse gas-emitting fuel.
       (b) Types of Eligible Offset Projects.--
       (1) List of eligible agricultural and forestry offset 
     project types.--
       (A) Types.--The Secretary of Agriculture, in consultation 
     with the Administrator, shall maintain a list of types of 
     agricultural and forestry offset projects eligible to 
     generate offset allowances under this subtitle, which list 
     shall include--
       (i) agricultural, grassland, and rangeland sequestration 
     and management practices, including--

       (I) altered tillage practices;
       (II) winter cover cropping, continuous cropping, and other 
     means to increase biomass returned to soil in lieu of 
     planting followed by fallowing;
       (III) conversion of cropland to rangeland or grassland, on 
     the condition that the land has been in nonforest use for at 
     least 10 years before the date of initiation of the project;
       (IV) reduction of nitrogen fertilizer use or increase in 
     nitrogen use efficiency;
       (V) reduction in the frequency and duration on flooding of 
     rice paddies;
       (VI) reduction in carbon emissions from organic soils;
       (VII) reduction in greenhouse gas emissions from manure and 
     effluent; and
       (VIII) reduction in greenhouse gas emissions due to changes 
     in animal management practices, including dietary 
     modifications;

       (ii) changes in carbon stocks attributed to land use change 
     and forestry activities, including--

       (I) afforestation or reforestation of acreage not forested 
     as of October 18, 2007; and
       (II) forest management resulting in an increase in forest 
     carbon stores;
       (III) management of peatland or wetland; and
       (IV) conservation of grassland and forested land;

       (iii) manure management and disposal, including--

       (I) waste aeration; and
       (II) biogas capture and combustion; and

       (iv) any combination of any of the offset project types 
     described in this subparagraph.
       (B) Additions to the list of eligible agricultural and 
     forestry offset project types.--
       (i) In general.--Not later than 2 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Secretary of Agriculture, in consultation with the 
     Administrator, after public notice and opportunity for 
     comment, shall add types of offset projects to the list 
     provided under subparagraph (A) if those types of projects 
     meet standards for environmental integrity that are 
     consistent with the purposes of this Act.
       (ii) Additional types.--The Secretary of Agriculture, in 
     consultation with the Administrator, shall also consider 
     petitions to add types of offset projects to the list 
     provided under subparagraph (A) if those types of projects 
     meet standards for environmental integrity consistent with 
     the purposes of this Act.
       (c) List of Other Eligible Offset Project Types.--
       (1) Types.--The Administrator shall maintain a list of 
     types of offset projects not related to agriculture and 
     forestry that are eligible to generate offset allowances 
     under this subtitle, which list shall include--
       (A) the capture or reduction of fugitive greenhouse gas 
     emissions for which no covered facility is required under 
     section 202(a) to submit any emission allowances, offset 
     allowances, or international emission allowances;
       (B) methane capture or combustion at nonagricultural 
     facilities, including landfills, waste-to-energy facilities, 
     and coal mines;
       (C) reduction, destruction, or avoidance of sulfur 
     hexafluoride emissions from sources of the emissions, 
     including electrical transformation and distribution 
     equipment;
       (D) the capture and geological sequestration of greenhouse 
     gas emissions that would not otherwise have been covered 
     under the limitation on the emission of greenhouse gases 
     under this Act;
       (E) any other category proposed to the Administrator by 
     petition; and
       (F) any combination of any of the offset project types 
     described in this paragraph.
       (2) Additions to the list of eligible offset projects not 
     related to agriculture and forestry.--
       (A) In general.--Not later than 2 years after the date of 
     enactment of this Act and every 2 years thereafter, the 
     Administrator, after public notice and opportunity for 
     comment, shall add types of offset projects to the list 
     provided under paragraph (1) if those types of projects meet 
     standards for environmental integrity that are consistent 
     with the purposes of this Act.
       (B) Additional types.--The Administrator shall also 
     consider petitions to add types of offset projects to the 
     list provided under subparagraph (A) if those types of 
     projects meet standards for environmental integrity 
     consistent with the purposes of this Act.
       (d) Adoption of Common Procedures.--
       (1) In general.--The program established under this section 
     shall include the use of a separate set of procedures for 
     rapidly approving and issuing allowances to types of projects 
     listed under subsection (b) or (c), to the maximum extent 
     practicable, if the Administrator and the Secretary of 
     Agriculture for types of agricultural and forestry offset 
     projects, determines that--
       (A) there are broadly accepted standards or methodologies 
     for quantifying and verifying the long-term greenhouse gas 
     emission and mitigation benefits of the projects; and
       (B) the procedures meet the requirements of this subtitle.
       (2) Categories of projects.--The procedures described in 
     paragraph (1) shall apply to--
       (A) methane capture and combustion at nonagricultural 
     facilities, including landfills and coal mines;
       (B) manure management and disposal, including waste 
     aeration and biogas capture and combustion;
       (C) reduction of sulfur hexafluoride emissions from sources 
     of the emissions, including electrical transformation and 
     distribution equipment;
       (D) such other categories of projects as the Administrator, 
     in consultation with the Secretary of Agriculture for types 
     of agricultural and forestry offset projects, may specify by 
     regulation, subject to public notice and comment; and
       (E) afforestation or reforestation of acreage not forested 
     as of October 18, 2007, if the afforestation or reforestation 
     uses native plant species.
       (e) Requirements for Offset Methodologies.--
       (1) Issuance.--Not later than three 2 years after the date 
     of enactment of this Act, after public notice and opportunity 
     for comment--
       (A) the Secretary of Agriculture shall issue a methodology 
     for each category listed pursuant to subsection (b); and
       (B) the Administrator shall issue a methodology for each 
     category listed pursuant to subsection (c).
       (2) Specific requirements.--The methodology for each 
     category issued under paragraph (1) shall--
       (A) specify requirements for--
       (i) determining additional emission reductions, 
     destruction, avoidance, or sequestrations from a project;
       (ii) accounting for emission leakage associated with an 
     offset project;
       (iii) accounting for a reversal, and managing for the risk 
     of reversal, from an offset project involving biological 
     sequestration; and
       (iv) monitoring, verifying, and reporting the operation of 
     an offset project;
       (B) in the case of an agricultural and forestry offset 
     project, take into account methodologies developed under 
     section 1245 of the Food Security Act of 1985;
       (C) include--
       (i) a procedure for determining that the emission 
     reductions, destruction, avoidance, or sequestrations from an 
     offset project are not double-counted under any other 
     program;
       (ii) a procedure for delineating the boundaries of an 
     offset project and determining the extent, if any, of 
     emissions leakage from the offset project, based on 
     scientifically sound methods, as determined by the 
     Administrator, in consultation with the Secretary of 
     Agriculture for agricultural and forestry offset projects;
       (iii) a description of scientifically sound methods, as 
     determined by the Administrator, in consultation with the 
     Secretary of Agriculture for agricultural and forestry offset 
     projects, for use in monitoring, measuring, and quantifying 
     changes in emissions or sequestrations resulting from an 
     offset project, including--

       (I) a method for use in quantifying the uncertainty in 
     those measurements; and
       (II) a description of site-specific data that will be used 
     in that monitoring, measurement, and quantification;

       (iv) a procedure for use in establishing the baseline for 
     an offset project that ensures

[[Page 11713]]

     that offset allowances will be issued only for emission 
     reduction, destruction, avoidance, or sequestrations that are 
     additional;
       (v)(I) a threshold of uncertainty in the quantification of 
     emission reductions, destruction, avoidance, or 
     sequestrations and for baseline emission levels above which 
     an offset project shall not be eligible to receive offset 
     allowances; and
       (II) a procedure by which an offset project representative 
     may petition for different uncertainty factors if the offset 
     project representative demonstrates to the Administrator, in 
     consultation with the Secretary of Agriculture for 
     agricultural and forestry offset projects, that the 
     measurement methods used by the offset project have less 
     uncertainty than assumed under the default methodology;
       (vi) clear and objective tests specified by the 
     Administrator, in consultation with the Secretary of 
     Agriculture for agricultural and forestry offset projects, 
     that are sufficient to ensure that an offset project--

       (I) will be eligible to generate offset allowances only if, 
     in the judgment of the Administrator and the Secretary of 
     Agriculture, the project is additional; and
       (II) is not required by existing government regulations, as 
     determined by the Administrator and the Secretary of 
     Agriculture;

       (vii) a procedure to estimate leakage and ensure that the 
     issuance of offset allowances is reduced an amount equivalent 
     to the quantity of that leakage;
       (viii) a procedure for use in--

       (I) determining whether the quantity of carbon sequestered 
     on or in land where a project is carried out was 
     significantly changed during the 10-year period prior to 
     initiation of the project; and
       (II) excluding the offset project from receiving allowances 
     under this subtitle, or adjusting the baseline of the offset 
     project accordingly; and

       (ix) a protocol for use in reporting emissions reductions, 
     destruction, avoidance, or sequestrations (and any reversals) 
     at least annually for the duration of the crediting period of 
     the offset project pursuant to section 305(b).
       (3) Revision.--
       (A) Revision by the secretary of agriculture.--The 
     Secretary of Agriculture shall revise each methodology issued 
     under paragraph (1)(A), after public notice and opportunity 
     for comment, not more once than every 10 years.
       (B) Revision by the administrator.--The Administrator shall 
     revise each methodology issued under paragraph (1)(B), after 
     public notice and opportunity for comment, no more than once 
     every 10 years.
       (4) Project conformity.--
       (A) In general.--If an offset project is approved pursuant 
     to section 304 under a methodology that subsequently is 
     revised under paragraph (3), the project shall remain subject 
     to the prior methodology for the duration of the crediting 
     period of the project pursuant to section 305(b).
       (B) New crediting period.--An offset project described in 
     subparagraph (A) may not be approved for a new crediting 
     period unless the offset project representative demonstrates 
     to the Administrator that the offset project is in conformity 
     with a methodology that is in effect as of the date on which 
     the petition for the offset project is filed.
       (f) Technologies.--
       (1) In general.--The Administrator, in consultation with 
     the Secretary of Agriculture for agricultural and forestry 
     offset projects, may issue, after notice and comment, a list 
     of technologies and associated performance benchmarks the 
     achievement of which the Administrator has determined shall 
     be considered to be additional in specific project 
     applications.
       (2) Period of validity.--A determination of the 
     Administrator with respect to paragraph (1) shall be valid 
     for not more than 10 years after the date of the 
     determination.
       (g) Methodology Testing.--The Administrator and the 
     Secretary of Agriculture may not issue a methodology under 
     this section until the Administrator or the Secretary of 
     Agriculture, as applicable, determines that--
       (1) the methodology has been tested by 3 independent expert 
     teams on at least 3 different offset projects to which that 
     methodology would apply; and
       (2) the emission reductions, destruction, avoidance, or 
     sequestrations estimated by the expert teams for the same 
     offset project do not differ by more than 10 percent.

     SEC. 304. PROJECT INITIATION AND APPROVAL.

       (a) Project Approval.--An offset project representative--
       (1) may submit a petition for offset project approval at 
     any time following the effective date of regulations 
     promulgated under section 302; but
       (2) may not use or distribute offset allowances until such 
     approval is received and until after the emission reduction, 
     destruction, avoidance, or sequestrations supporting the 
     offset allowances have actually occurred.
       (b) Petition Process.--A project petition shall consist 
     of--
       (1) a copy of the monitoring and quantification plan 
     prepared for the offset project, as described in subsection 
     (d);
       (2) in the case of an offset project involving biological 
     sequestration, a greenhouse gas initiation certification, as 
     described under subsection (f);
       (3) a designation of the individual or entity that shall be 
     the offset project representative for the offset project;
       (4) a monitoring and quantification plan from a third party 
     verifier; and
       (5) subject to this subtitle, any other information 
     identified by the Administrator in the regulations 
     promulgated under section 302 as being necessary to meet the 
     objectives of this subtitle.
       (c) Approval and Notification.--
       (1) In general.--Not later than 120 days after the date on 
     which the Administrator receives a complete petition under 
     subsection (b), the Administrator, in conjunction with the 
     Secretary of Agriculture, shall--
       (A) determine whether the monitoring and quantification 
     plan satisfies the applicable requirements of this subtitle;
       (B) determine whether any greenhouse gas initiation 
     certification indicates a significant deviation in accordance 
     with subsection (f)(3); and
       (C) notify the offset project representative of the 
     determinations under subparagraphs (A) and (B).
       (2) Appeal.--The Administrator shall establish mechanisms 
     for appeal and review of determinations made under this 
     subsection.
       (d) Monitoring and Quantification.--
       (1) In general.--An offset project representative shall 
     make use of the standardized tools and methods described in 
     this section to monitor, quantify, and discount reductions, 
     destruction, or avoidance in greenhouse gas emissions or 
     increases in sequestration.
       (2) Monitoring and quantification plan.--A monitoring and 
     quantification plan shall be used to monitor, quantify, and 
     discount reductions, destruction, or avoidance of greenhouse 
     gas emissions or increases in sequestration as described by 
     this subsection.
       (3) Plan completion and retention.--A monitoring and 
     quantification plan shall be--
       (A) completed for all offset projects prior to offset 
     project initiation; and
       (B) retained by the offset project representative for the 
     duration of the offset project.
       (4) Plan requirements.--Subject to section 302, the 
     Administrator and the Secretary of Agriculture shall specify 
     the required components of a monitoring and quantification 
     plan, including--
       (A) a description of the offset project, including project 
     type;
       (B) a determination of accounting periods;
       (C) an assignment of reporting responsibility to the offset 
     project representative;
       (D) the contents and timing of public reports, including 
     summaries of the original data, as well as the results of any 
     analyses;
       (E) a delineation of project boundaries, based on 
     acceptable methods and formats;
       (F) a description of which of the monitoring and 
     quantification tools developed under subsection (g) are to be 
     used to monitor and quantify changes in greenhouse gas fluxes 
     or carbon stocks associated with a project;
       (G) a description of which of the standardized methods 
     developed under subsection (h) to be used to determine 
     additionality, estimate the baseline carbon, and discount for 
     leakage;
       (H) what site-specific data, if any, will be used in 
     monitoring and quantification;
       (I) a description of procedures for use in managing and 
     storing data, including quality-control standards and 
     methods, such as redundancy in case record are lost;
       (J) subject to the requirements of this subtitle, any other 
     information identified by the Administrator and the Secretary 
     of Agriculture as being necessary to meet the objectives of 
     this subtitle; and
       (K) in the case of an offset project involving biological 
     sequestration, a description of the risk of reversals for the 
     project, including any way in which the proposed project may 
     alter the risk of reversal for the project or other projects 
     in the area.
       (e) Third Party Validation of Monitoring and Quantification 
     Plan.--
       (1) Offset validation.--A validation report for an offset 
     project shall be completed by a verifier accredited in 
     accordance with section 305(c)(3).
       (2) Scope of validation.--The Administrator, in conjunction 
     with the Secretary of Agriculture, shall specify the required 
     components of a validation report, including components 
     covering--
       (A) whether the information, data, and documentation 
     contained within a monitoring and quantification plan are 
     sufficient for the analysis required by the certified 
     methodology;
       (B) any errors, omissions, or disagreements with the 
     quantification plan;
       (C) any net emission reductions or increases in 
     sequestration;
       (D) any determination of additionality;
       (E) any calculation of leakage;
       (F) any assessment of reversal risk and required set-aside;
       (G) if it is a sequestration project, whether the land use 
     information is sufficient to track past land use for the 
     required 10 year-period and if there is a significant 
     deviation under subsection (f)(3);
       (H) any potential conflicts of interests between a verifier 
     and project developer; and

[[Page 11714]]

       (I) any other provision that the Administrator considers to 
     be necessary to achieve the purpose of this subtitle.
       (f) Greenhouse Gas Initiation Certification.--
       (1) In general.--In reviewing a petition submitted under 
     subsection (b), the Administrator, in conjunction with the 
     Secretary of Agriculture, shall seek to exclude each activity 
     that undermines the integrity of the offset program 
     established under this subtitle, such as the conversion or 
     clearing of land, or marked change in management regime, in 
     anticipation of offset project initiation.
       (2) Greenhouse gas initiation certification requirements.--
     A greenhouse gas initiation certification developed under 
     this subtitle shall include--
       (A) in the case of an agricultural project--
       (i) the estimated greenhouse gas flux or carbon stock for 
     the offset project for each of the 4 complete calendar years 
     preceding the effective date of the regulations promulgated 
     under section 302; and
       (ii) the estimated greenhouse gas flux or carbon stock for 
     the offset project, averaged across each of the 4 calendar 
     years preceding the effective date of the regulations 
     promulgated under section 302.
       (B) in the case of a forestland project, a procedure for 
     use in determining whether the quantity of carbon sequestered 
     on or in land, if a project was carried out, significantly 
     changed during the 10-year period prior to initiation of the 
     project.
       (3) Determination of significant deviation.--Based on 
     standards developed by the Secretary of Agriculture and the 
     Administrator--
       (A) each greenhouse gas initiation certification submitted 
     pursuant to this section shall be reviewed; and
       (B) a determination shall be made as to whether, as a 
     result of activities or behavior inconsistent with the 
     purposes of this title, a significant deviation exists 
     between the average annual greenhouse gas flux or carbon 
     stock and the greenhouse gas flux or carbon stock for a given 
     year.
       (4) Adjustment for projects with significant deviation.--In 
     the case of a significant deviation, the Administrator, in 
     conjunction with the Secretary of Agriculture, shall adjust 
     the number of allowances awarded in order to account for the 
     deviation.
       (g) Development of Monitoring and Quantification Tools for 
     Offset Projects.--
       (1) In general.--Subject to section 302, the Administrator 
     and the Secretary of Agriculture for agricultural and 
     forestry offset projects, shall develop standardized tools 
     for use in the monitoring and quantification of changes in 
     greenhouse gas fluxes or carbon stocks for each offset 
     project type listed under subsections (b) and (c) of section 
     303.
       (2) Tool development.--The tools used to monitor and 
     quantify changes in greenhouse gas fluxes or carbon stocks 
     shall, for each project type, include applicable--
       (A) statistically-sound field and remote sensing sampling 
     methods, procedures, techniques, protocols, or programs;
       (B) models, factors, equations, or look-up tables;
       (C) guidelines established pursuant to section 1605(b) of 
     the Energy Policy Act of 1992 (42 U.S.C. 13385(b)) for use in 
     the quantification of forestry and agriculture offsets; and
       (D) in the case of an agricultural and forestry offset 
     project, certified protocols for technologies, instruments, 
     and methods to use in the measurement, monitoring, and 
     verification of emission reductions and increased 
     sequestration, that shall--
       (i) be developed and updated (by regulation) by the 
     Secretary of Agriculture in conjunction with the Consortium 
     for Agricultural Soil Mitigation of Greenhouse Gases;
       (ii) includes scientifically-based determination of the 
     uncertainty value to be assigned to the use of that 
     technology, instrument, or method; and
       (iii) be used by the Secretary of Agriculture to meet the 
     requirements of section 303(e)(2)(C)(iii)(I) and subsection 
     (i) of this section; and
       (E) any other process or tool considered to be acceptable 
     by the Administrator, in consultation with the Secretary of 
     Agriculture for agricultural and forestry offset projects.
       (h) Development of Accounting and Discounting Methods.--
       (1) In general.--The Secretary of Agriculture shall--
       (A) develop standardized methods for use in accounting for 
     additionality and uncertainty, estimating the baseline, and 
     discounting for leakage for each offset project type listed 
     under sections 303(b) and (c); and
       (B) require that leakage be subtracted from reductions, 
     destruction, avoidance in greenhouse gas emissions or 
     increases in sequestration attributable to a project.
       (2) Additionality determination and baseline estimation.--
     The standardized methods used to determine additionality and 
     establish baselines shall, for each project type, at a 
     minimum--
       (A) in the case of a biological sequestration project or 
     agricultural emission reduction project, determine the 
     greenhouse gas flux or enhanced carbon stock on the basis of 
     similarity for--
       (i) a specific time period; and
       (ii) a specific geographic area; and
       (B) in the case of a nonbiological sequestration project or 
     emission reduction project, specify a selected time period.
       (3) Leakage.--The standardized methods used to determine 
     and discount for leakage shall, at a minimum, take into 
     consideration--
       (A) the scope of the offset system in terms of activities 
     and geography covered;
       (B) the markets relevant to the offset project;
       (C) in the case of offset projects not involving 
     sequestration, emission intensity per unit of production, 
     both inside and outside of the offset project; and
       (D) a time period sufficient in length to yield a stable 
     leakage rate.
       (i) Uncertainty for Agricultural and Forestry Projects.--
       (1) In general.--The Secretary of Agriculture shall develop 
     standardized methods for use in determining and discounting 
     for uncertainty, if appropriate, for offset project types 
     listed under section 303(b).
       (2) Basis.--The standardized methods used to determine and 
     discount for uncertainty shall be based on--
       (A) the robustness and rigor of the methods used by an 
     offset project representative to monitor and quantify changes 
     in greenhouse gas fluxes or carbon stocks; and
       (B) the robustness and rigor of methods used by an offset 
     project representative to determine additionality and 
     leakage.
       (j) Acquisition of New Data and Review of Methods for 
     Agricultural and Forestry Projects.--The Secretary of 
     Agriculture, in collaboration with the Consortium for 
     Agricultural Soils Mitigation of Greenhouse Gases, shall--
       (1) establish a comprehensive field sampling program to 
     improve the scientific bases on which the standardized tools 
     and methods developed under this section are based; and
       (2) review and revise the standardized tools and methods 
     developed under this section, based on--
       (A) validation of existing methods, protocols, procedures, 
     techniques, factors, equations, or models;
       (B) development of new methods, protocols, procedures, 
     techniques, factors, equations, or models;
       (C) increased availability of field data or other datasets; 
     and
       (D) any other information identified by the Secretary of 
     Agriculture that is necessary to meet the objectives of this 
     subtitle.
       (k) Coordination With Other Provisions.--In determining the 
     quantity of offset allowances to issue to an offset project, 
     the Administrator, in conjunction with the Secretary of 
     Agriculture, shall ensure that a project does not receive 
     allowances under subtitle C and offset allowances for the 
     same ton of greenhouse gases emissions reduced, destroyed, 
     avoided, or sequestered.

     SEC. 305. OFFSET VERIFICATION AND ISSUANCE OF ALLOWANCES.

       (a) In General.--An offset project representative may claim 
     offset allowances for net emission reductions or increases in 
     sequestration annually, after accounting for any necessary 
     discounts in accordance with section 304, by submitting a 
     verification report for any offset project to the 
     Administrator, in conjunction with the Secretary of 
     Agriculture.
       (b) Crediting Period.--The crediting period for an approved 
     offset project shall be--
       (1) in the case of an offset project not involving 
     afforestation or reforestation--
       (A) a 10-year nonrenewable period; or
       (B) a 7-year period, which may be renewed pursuant to the 
     procedures under section 2404 for another 7 years not more 
     than twice; and
       (2) in the case of an offset project involving 
     afforestation or reforestation, a period of 30 years for the 
     1 or more components of the project involving afforestation 
     or reforestation.
       (c) Offset Verification.--
       (1) Scope of verification.--A verification report for an 
     offset project shall be--
       (A) completed by a verifier accredited in accordance with 
     paragraph (3); and
       (B) developed taking into consideration--
       (i) the information and methodology contained within a 
     monitoring and quantification plan;
       (ii) data and subsequent analysis of the offset project, 
     including--

       (I) quantification of net emission reductions, destruction, 
     or avoidance, or increases in sequestration;
       (II) calculation of leakage; and
       (III) identification of any reversals;

       (iii) subject to the requirements of this subtitle, any 
     other information identified by the Administrator as being 
     necessary to achieve the purposes of this subtitle.
       (2) Verification report requirements.--The Administrator, 
     in conjunction with the Secretary of Agriculture, shall 
     specify the required components of a verification report, 
     including--
       (A) the quantity of offsets generated;
       (B) the quantity of discounts applied;
       (C) an assessment of quantitative errors or omissions (and 
     the effect of the errors or omissions on offsets);
       (D) any potential conflicts of interests between a verifier 
     and an offset project representative or other project 
     developer; and

[[Page 11715]]

       (E) any other provision that the Administrator considers to 
     be necessary to achieve the purposes of this subtitle.
       (3) Verifier accreditation.--
       (A) In general.--The regulations promulgated pursuant to 
     section 302 shall establish a process and requirements for 
     accreditation by a third-party verifier that has no conflicts 
     of interest.
       (B) Public accessibility.--Each verifier meeting the 
     requirements for accreditation in accordance with this 
     paragraph shall be listed in a publicly-accessible database, 
     which shall be maintained and updated by the Administrator, 
     in conjunction with the Secretary of Agriculture.
       (d) Registration and Issuing of Offsets.--
       (1) In general.--Not later than 90 days after the date on 
     which the Administrator receives a verification report 
     required under subsection (b), the Administrator shall, in 
     conjunction with the Secretary of Agriculture--
       (A) determine whether the offsets satisfy the applicable 
     requirements of this subtitle; and
       (B) notify the offset project developer of that 
     determination.
       (2) Affirmative determination.--In the case of an 
     affirmative determination under paragraph (1), the 
     Administrator shall--
       (A) register the offset allowances in accordance with this 
     subtitle; and
       (B) issue the offset allowances to the offset project 
     representative.
       (3) Appeal and review.--The Administrator shall establish 
     mechanisms for the appeal and review of determinations made 
     under this subsection.

     SEC. 306. TRACKING OF REVERSALS FOR SEQUESTRATION PROJECTS.

       (a) Reversal Risk Factor Determination.--
       (1) In general.--In approving a biological sequestration 
     offset project pursuant to section 304, the Administrator, in 
     consultation with the Secretary of Agriculture if applicable, 
     shall determine for the project the percentage probability 
     that the project will experience a reversal over at least a 
     30 year-period of time but not more than a 100 year-period, 
     taking into account insurance standards for comparable 
     activities in the agricultural or forestry industry, 
     depending on the offset project type.
       (2) Application of the reversal risk factor.--When issuing 
     offset allowances for a biological sequestration offset 
     project pursuant to section 305, the Administrator shall 
     transfer the quantity of allowances the Administrator 
     otherwise would issue to the offset project representative 
     for that calendar year a quantity that is equal to the 
     product obtained by multiplying--
       (A) the percentage probability determined for the project 
     pursuant to paragraph (1); and
       (B) the quantity of allowances issued for the project under 
     section 304.
       (b) Establishment of Biological Sequestration Offset 
     Allowance Buffer Reserve.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall establish a 
     biological sequestration offset allowance buffer reserve.
       (2) Transfer of offsets.--The Administrator shall convey to 
     the buffer reserve the offset allowances that are transferred 
     pursuant to subsection (a)(2).
       (3) Status of offset allowances in reserve.--Offset 
     allowances in the offset reserve may not be used to satisfy 
     allowance submission requirements.
       (c) Reversal Certification.--
       (1) Required certification.--The offset project 
     representative for a biological sequestration offset project 
     shall be required to submit to the Administrator a reversal 
     certification not later than 1 year after the date of the 
     approval of the project and once every 3 years thereafter for 
     a period of 30 years after the date of approval of the offset 
     project.
       (2) Requirements.--A reversal certification submitted in 
     accordance with this subsection shall describe--
       (A) whether any unmitigated reversal relating to the offset 
     project has occurred during the year preceding the year for 
     which the certification is submitted;
       (B) the quantity of each unmitigated reversal; and
       (C) whether the unmitigated reversal was intentional or 
     unintentional.
       (3) Failure to provide certification.--The Administrator 
     shall treat the failure of an offset project representative 
     to provide a required certification pursuant to this 
     subsection as an intentional reversal of the entire offset 
     project under subsection (d)(3).
       (d) Use of Offset Allowance Reserve.--
       (1) Annual reversal review.--The Administrator, in 
     conjunction with the Secretary of Agriculture, shall 
     determine annually whether--
       (A) any offset projects have experienced a reversal; and
       (B) reversals that have occurred were intentional or 
     unintentional, including through auditing of certifications 
     provided pursuant to subsection (c).
       (2) Unintentional reversals.--If the Administrator, in 
     conjunction with the Secretary of Agriculture, determines 
     that an unintentional reversal has occurred with respect to 
     an offset project, the Administrator shall cancel a quantity 
     of offset allowances in the biological sequestration offset 
     allowance buffer reserve corresponding to the quantity of the 
     reversal.
       (3) Excess reversals.--If the quantity of a reversal 
     exceeds the quantity of allowances in the biological 
     sequestration offset allowance buffer reserve, the offset 
     project representative shall compensate the buffer reserve by 
     submitting a quantity of offset allowances or emissions 
     allowances equal to the difference between--
       (A) the quantity of the reversal; and
       (B) the quantity of allowances in the buffer reserve.
       (e) Intentional Reversals.--If the Administrator, in 
     conjunction with the Secretary of Agriculture, determines 
     that an intentional reversal has occurred with respect to an 
     offset project, the Administrator shall require the relevant 
     offset project representative to submit to the buffer reserve 
     a quantity of offset allowances or emission allowances equal 
     to the quantity of the reversal.
       (f) Review of Buffer Reserve.--
       (1) In general.--Not later than 5 years after date of 
     enactment of this Act and every 5 years thereafter, the 
     Administrator shall assess the adequacy of the content of 
     offset allowances in the buffer reserve in light of the 
     actual experience of reversals.
       (2) Adjustment.--On the basis of the review conducted under 
     paragraph (1), the Administrator may adjust the reversal risk 
     factor determinations implemented under subsection (a).

     SEC. 307. EXAMINATIONS.

       (a) Regulations.--The regulations promulgated pursuant to 
     section 302 shall govern the examination and auditing of 
     offset allowances.
       (b) Requirements.--The governing regulations described in 
     subsection (a) shall specifically consider--
       (1) principles for initiating and conducting examinations;
       (2) the type or scope of examinations, including--
       (A) reporting and recordkeeping; and
       (B) site review or visitation;
       (3) the rights and privileges of an examined party; and
       (4) the establishment of an appeals process.

     SEC. 308. TIMING AND THE PROVISION OF OFFSET ALLOWANCES.

       An offset project that commences operation on or after the 
     effective date of the governing rules described in section 
     307(a) shall be eligible to generate offset allowances under 
     this subtitle, and receive emission allowances under the 
     program established pursuant to title VII, if the offset 
     project meets the other applicable requirements of this 
     subtitle.

     SEC. 309. OFFSET REGISTRY.

       In addition to the requirements established by section 304, 
     an offset allowance registered under this subtitle shall be 
     accompanied in the Registry by--
       (1) a verification report submitted pursuant to section 
     305(a);
       (2) if the offset project involves biological 
     sequestration, a reversal certification submitted pursuant to 
     section 306(b); and
       (3) subject to the requirements of this subtitle, any other 
     information identified by the Administrator, in conjunction 
     with the Secretary of Agriculture, as being necessary to 
     achieve the purposes of this subtitle.

     SEC. 310. ENVIRONMENTAL CONSIDERATIONS.

       (a) Coordination to Minimize Negative Effects.--In 
     promulgating regulations under this subtitle, the 
     Administrator and the Secretary of Agriculture shall act 
     (including by rejecting projects, if necessary) to avoid or 
     minimize, to the maximum extent practicable, adverse effects 
     on human health or the environment resulting from the 
     implementation of offset projects under this subtitle.
       (b) Report on Positive Effects.--Not later than 2 years 
     after the date of enactment of this Act, the Administrator, 
     in conjunction with the Secretary of Agriculture, shall 
     submit to Congress a report detailing--
       (1) the incentives, programs, or policies capable of 
     fostering improvements to human health or the environment in 
     conjunction with the implementation of offset projects under 
     this subtitle; and
       (2) the cost of those incentives, programs, or policies.
       (c) Coordination to Enhance Environmental Benefits.--In 
     promulgating regulations under this subtitle, the 
     Administrator and the Secretary of Agriculture, in 
     conjunction with the Secretary of Interior, shall--
       (1) act to enhance and increase the adaptive capability of 
     natural systems and resilience of those systems to climate 
     change, including through the support of biodiversity, native 
     species, and land management practices that foster natural 
     ecosystem conditions; and
       (2) coordinate actions taken under this paragraph, to the 
     maximum extent practicable, with existing programs that have 
     overlapping outcomes to maximize environmental benefits.
       (d) Use of Native Plant Species in Offset Projects.--Not 
     later than 18 months after the date of enactment of this Act, 
     the Secretary of Agriculture shall promulgate regulations for 
     the selection, use, and storage of native and nonnative plant 
     materials--

[[Page 11716]]

       (1) to ensure native plant materials are given primary 
     consideration, in accordance with applicable Department of 
     Agriculture guidance for use of native plant materials;
       (2) to prohibit the use of Federal- or State-designated 
     noxious weeds; and
       (3) to prohibit the use of a species listed by a regional 
     or State invasive plant council within the applicable region 
     or State.

     SEC. 311. PROGRAM REVIEW.

       Not later than 5 years after the date of enactment of this 
     Act, and periodically thereafter, the Administrator and the 
     Secretary of Agriculture shall review and revise, as 
     necessary to achieve the purposes of this Act, the 
     regulations promulgated by each of the Administrator and the 
     Secretary under this subtitle.

    Subtitle B--Offsets and Emission Allowances From Other Countries

     SEC. 321. PRESIDENTIAL RULEMAKING.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the President, in conjunction with the 
     Administrator and the Secretary of State, shall promulgate 
     regulations approving the use of offset allowances and 
     emission allowances from other countries under this subtitle.
       (b) Use.--The regulations under subsection (a) shall 
     provide that, beginning with calendar year 2012, owners and 
     operators of covered entities may satisfy the allowance 
     submission requirements of the owners and operators under 
     section 202 for a calendar year by submitting a carbon 
     dioxide equivalent quantity of offset and emission allowances 
     of up to 1,000,000,000 tons.
       (c) Carryover.--If the sum of the carbon dioxide equivalent 
     quantity of offset allowances and emission allowances 
     submitted for a calendar year pursuant to this subtitle is 
     less than 1,000,000,000 tons, notwithstanding subsection (b), 
     the carbon dioxide equivalent quantity of offset allowances 
     and emissions allowances that may be submitted by covered 
     entities under this subtitle for the subsequent calendar year 
     shall not exceed the sum of--
       (1) 1,000,000,000 tons; and
       (2) the difference between--
       (A) 1,000,000,000 tons; and
       (B) the carbon dioxide equivalent quantity of offset 
     allowances and emission allowances submitted by covered 
     entities for the preceding calendar year under this subtitle.
       (d) Reduction.--Beginning in calendar year 2030, the 
     Administrator may reduce the quantity of tons of carbon 
     dioxide equivalents available for offsets under this section 
     except that the quantity may not be reduced to less than 85 
     percent of the quantity of tons specified in subsection (b).
       (e) Limitation of Offsets From the Clean Development 
     Mechanism.--Notwithstanding any other provision of this Act, 
     the owner or operator of a covered entity may satisfy not 
     more than 5 percent of the total allowance submission 
     requirement of the covered entity under section 202 for a 
     calendar year by submitting offset allowances from projects 
     or other activities registered under the Clean Development 
     Mechanism of the United Nations Framework Convention on 
     Climate Change, done at New York on May 9, 1992.
       (f) Other Requirements.--The regulations promulgated under 
     this subtitle shall--
       (1) ensure the development and continued health of a robust 
     market for domestic offsets; and
       (2) take into consideration--
       (A) protocols adopted in accordance with the United Nations 
     Framework Convention on Climate Change, done at New York on 
     May 9, 1992, including the Clean Development Mechanism 
     established under that Convention;
       (B) the continuing international negotiations under the 
     United Nations Framework Convention on Climate Change, done 
     at New York on May 9, 1992;
       (C) the geographic distribution of offset projects;
       (D) how the regulations can be designed to promote the 
     adoption of emissions control policies by countries that do 
     not have mandatory absolute tonnage limits in place as of the 
     date of enactment of this Act;
       (E) how the regulations can be designed to promote 
     international offset activities in the economic interest of 
     the United States, as evidenced by contributions to 
     employment in the United States; and
       (F) the benefits of ensuring that covered entities have 
     certainty about and access to international offset allowances 
     and emission allowances as promptly as practicable after the 
     date of enactment of this Act and an ongoing basis 
     thereafter.
       (g) Presidential Review in 2030.--During calendar year 
     2030, the President shall submit to Congress a report that--
       (1) analyzes the appropriateness of the 1,000,000,000-ton 
     limitation on use of offset allowances and emission 
     allowances under this subtitle; and
       (2) provides recommendations as to whether and how to 
     adjust the limitation.

     SEC. 322. OFFSET ALLOWANCES ORIGINATING FROM PROJECTS OR 
                   OTHER ACTIVITIES IN OTHER COUNTRIES.

       (a) Regulations.--Not later than 2 years after the date of 
     enactment of this Act, the President, in conjunction with the 
     Administrator and the Secretary of State, shall promulgate 
     regulations establishing a system for registering and issuing 
     offset allowances for projects or other activities that 
     reduce, destroy, or avoid greenhouse gas emissions or 
     increase sequestration of carbon dioxide in countries other 
     than the United States.
       (b) Requirements.--The regulations promulgated pursuant to 
     subsection (a) shall ensure that emission reductions 
     represented by the allowances are real, additional, 
     permanent, verifiable, and enforceable.
       (c) Entity Certification.--The owner or operator of a 
     covered entity that submits an offset allowance issued 
     pursuant to this section shall certify that the allowance has 
     not been retired from use in the registry of the applicable 
     foreign country.
       (d) Exclusion.--Notwithstanding any other provision of this 
     Act, activities that receive allowances under section 323 or 
     324 shall not be eligible to receive offset allowances under 
     this section.

     SEC. 323. OFFSET ALLOWANCES FOR INTERNATIONAL FOREST CARBON 
                   ACTIVITIES.

       (a) Regulations.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Secretary of the Interior, the Secretary of State, 
     and the Secretary of Agriculture, shall promulgate 
     regulations (including quality and eligibility requirements) 
     for the use of offset allowances for international forest 
     carbon activities.
       (b) Quality and Eligibility Requirements.--The regulations 
     promulgated pursuant to subsection (a) shall require that, in 
     order to be approved for use under this section, offset 
     allowances for an international forest carbon activity shall 
     meet such quality and eligibility requirements as the 
     Administrator may establish, including a requirement that--
       (1) the activity shall be designed, carried out, and 
     managed--
       (A) in accordance with widely-accepted, environmentally 
     sustainable forestry practices;
       (B) to promote native species and conservation or 
     restoration of native forests, if practicable, and to avoid 
     the introduction of invasive nonnative species;
       (C) in a manner that is supportive of the internationally-
     recognized rights of indigenous and other forest-dependent 
     people living in the affected areas; and
       (D) in a manner that enhances the capability, if consistent 
     with the applicable laws in the country involved, of local 
     communities to exercise the right of free prior informed 
     consent regarding projects or other activities; and
       (2) the emission reductions or sequestrations are real, 
     permanent, additional, verifiable, and enforceable, with 
     reliable measuring and monitoring and appropriate accounting 
     for leakage.
       (c) National Level Activities.--
       (1) In general.--The Administrator, in consultation with 
     the Secretary of State, shall identify and periodically 
     update a list of the names of countries that have--
       (A) demonstrated the capacity to participate in 
     international forest carbon activities at a national level, 
     including--
       (i) sufficient historical data on changes in national 
     forest carbon stocks;
       (ii) the technical capacity to monitor and measure forest 
     carbon fluxes with an acceptable level of uncertainty; and
       (iii) the institutional capacity to reduce emissions from 
     deforestation and degradation;
       (B) capped greenhouse gas emissions or otherwise 
     established a credible national baseline or emission 
     reference baseline;
       (C) achieved national-level reductions of deforestation and 
     degradation below a historical reference baseline, taking 
     into consideration the average annual deforestation and 
     degradation rates of the country during a period of at least 
     5 years;
       (D) implemented an emission reduction program for the 
     forest sector; and
       (E) demonstrated those reductions using remote sensing 
     technology, taking into consideration relevant international 
     standards.
       (2) Periodic review of national level reductions in 
     deforestation and degradation.--The Administrator, in 
     consultation with the Secretary of State, shall periodically 
     review and update the list of the names of countries included 
     under paragraph (1).
       (3) Crediting and additionality.--A verified reduction in 
     greenhouse gas emissions from deforestation and forest 
     degradation under a cap or resulting from a nationwide 
     emissions reference scenario described in paragraph (1)(B) 
     shall be--
       (A) eligible for offset allowances; and
       (B) considered to satisfy the additionality criterion.
       (d) Subnational Level Activities.--With respect to foreign 
     countries other than the foreign countries described in 
     subsection (c), the Administrator--
       (1) shall recognize project-scale international forest 
     carbon activities as eligible for offset allowances, subject 
     to the quality criteria for forest carbon activities 
     described in subsection (b); and
       (2) is encouraged to identify other incentives, including 
     economic and market-based incentives, to encourage developing 
     countries with largely intact native forests to protect those 
     forests.
       (e) Other International Forest Carbon Activities.--An 
     international forest carbon activity other than a reduction 
     in deforestation or forest degradation shall be eligible

[[Page 11717]]

     for offset allowances under this section, subject to the 
     eligibility requirements and quality criteria for forest 
     carbon activities described in subsection (a) or other 
     regulations promulgated pursuant to this Act.
       (f) Discount.--
       (1) Initial discount.--If, after the date that is 10 years 
     after the date of enactment of this Act, the Administrator 
     determines that a foreign country that, in the aggregate, 
     generates greenhouse gas emissions accounting for more than 
     0.5 percent of global greenhouse gas emissions has not capped 
     those emissions, established an emissions reference scenario 
     based on historical data, or otherwise reduced total forest 
     emissions of that foreign country, the Administrator shall 
     apply a discount to distributions of offset allowances to 
     that country under this section.
       (2) Subsequent discount.--If, after the date that is 15 
     years after the date of enactment of this Act, the 
     Administrator determines that a foreign country that, in the 
     aggregate, generates greenhouse gas emissions accounting for 
     more than 0.5 percent of global greenhouse gas emissions has 
     not capped those emissions, established an emissions 
     reference scenario based on historical data, or otherwise 
     reduced total forest emissions of that foreign country, the 
     Administrator shall cease distributions of offset allowances 
     to that country under this section.
       (g) Facility Certification.--The owner or operator of a 
     covered entity that submits an offset allowance generated 
     under this section shall certify that the offset allowance 
     has not been retired from use in any greenhouse gas emissions 
     registry.
       (h) Maximum Use.--The regulations promulgated pursuant to 
     this section shall ensure that offset allowances are not 
     issued for sequestration or emission reductions that have 
     been used or will be used by any other country for compliance 
     with a domestic or international obligation to limit or 
     reduce greenhouse gas emissions.
       (i) Reviews.--Not later than 3 years after the date of 
     enactment of this Act and every 5 years thereafter, the 
     Administrator, in consultation with the Secretary of State, 
     shall conduct a review of the activities undertaken pursuant 
     to this subtitle, including the effects of the activities on 
     indigenous and forest-dependent peoples residing in affected 
     areas.

     SEC. 324. EMISSION ALLOWANCES FROM OTHER COUNTRIES WITH 
                   EMISSIONS CAPS.

       (a) Rulemaking.--Not later than 2 years after the date of 
     enactment of this Act, the President, in conjunction with the 
     Administrator and the Secretary of State, shall promulgate 
     regulations, taking into consideration protocols adopted in 
     accordance with the United Nations Framework Convention on 
     Climate Change, done at New York on May 9, 1992, approving 
     the use in the United States of emission allowances issued by 
     countries other than the United States.
       (b) Requirements.--The regulations promulgated pursuant to 
     subsection (a) shall require that, in order to be approved 
     for use in the United States--
       (1) an emission allowance shall have been issued by a 
     foreign country pursuant to a governmental program that 
     imposes mandatory absolute tonnage limits on greenhouse gas 
     emissions from the foreign country, or 1 or more industry 
     sectors in that country, pursuant to protocols described in 
     subsection (a); and
       (2) the governmental program be of comparable stringency to 
     the program established by this Act, including comparable 
     monitoring, compliance, and enforcement.
       (c) Facility Certification.--The owner or operator of a 
     covered facility that submits an international allowance 
     under this subtitle shall certify that the allowance has not 
     been retired from use in the registry of the applicable 
     foreign country.

     SEC. 325. EFFECT OF SUBTITLE.

       Nothing in this subtitle supersedes, limits, or otherwise 
     affects any restriction imposed by Federal law (including 
     regulations) on any interaction between an entity located in 
     the United States and an entity located in a foreign country.

   Subtitle C--Agriculture and Forestry Program in the United States

     SEC. 331. ALLOCATION.

       Not later than 330 days before the beginning of each of 
     calendar years 2012 through 2050, the Administrator shall 
     allocate to the Secretary of Agriculture, for the program 
     established pursuant to section 332, 5 percent of the 
     emission allowances established pursuant to section 201(a) 
     for that calendar year.

     SEC. 332. AGRICULTURE AND FORESTRY PROGRAM.

       (a) In General.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     promulgate regulations establishing a program for 
     distributing emission allowances allocated pursuant to 
     section 331 to entities in the agriculture and forestry 
     sectors of the United States (including entities engaged in 
     organic farming--
       (1) as a reward for--
       (A) achieving reductions in greenhouse gas emissions from 
     the operations of the entities;
       (B) achieving increases in greenhouse gas sequestration on 
     land owned or managed by the entities; and
       (C) conducting pilot projects or other research regarding 
     innovative use in measuring--
       (i) greenhouse gas emission reductions;
       (ii) sequestration; or
       (iii) other benefits and associated costs of the pilot 
     projects;
       (2) to place in a buffer reserve pursuant to section 306 or 
     otherwise use to carry out this section; and
       (3) to assist with the increased costs of fertilizer in the 
     United States attributed to increased costs of natural gas 
     due to fuel switching as a result of this Act.
       (b) New Methodology Incubator.--
       (1) In general.--The Secretary of Agriculture shall ensure 
     that, during any 5-year period, the average annual percentage 
     of the quantity of emission allowances established for a 
     calendar year that is distributed to entities under the 
     program established under paragraph (2) specifically for 
     creating methodologies, tools, and support for the 
     development and deployment of new project types shall be at 
     least 0.25 percent.
       (2) Support for innovation.--
       (A) Acquisition of new data, improvement of methodologies, 
     and development of new tools for designated offset activity 
     types.--The Secretary of Agriculture shall establish a 
     comprehensive field sampling and pilot project program to 
     improve the scientific data and calibration of standardized 
     tools and methodologies that--
       (i) are used to measure greenhouse gas reductions or 
     sequestration and baseline for categories of activities not 
     covered by an emission limitation under this Act; and
       (ii) are likely to provide significant emission reductions 
     or sequestration.
       (B) Targeted support for development and deployment of new 
     technologies.--
       (i) In general.--The Secretary of Agriculture shall 
     establish a program for development and deployment of new 
     technologies and methods in greenhouse gas reductions or 
     sequestration for activities not covered by an emission 
     limitation under this Act.
       (ii) Selection; funding.--In carrying out the program under 
     clause (i), the Secretary of Agriculture shall--

       (I) select activities for participation in the program 
     based on--

       (aa) the potential emission reductions or sequestration of 
     the activities; and
       (bb) a market penetration review; and

       (II) provide funding for a select number of projects--

       (aa) to cover research on technologies and other barriers, 
     prototypes, first-of-a-kind risk coverage, and initial market 
     barriers; and
       (bb) under limited categories of activities that are 
     dependent on forward progress.
       (c) Requirement.--The Secretary of Agriculture shall 
     distribute emission allowances under this section in a manner 
     that ensures that entities in the program under this section 
     do not receive more compensation for emission reductions 
     under this program than the entities would receive for the 
     same reductions through an offset project under subtitle A.
       (d) Coordination With Subtitle A.--
       (1) In general.--Subject to paragraph (2), an individual or 
     entity carrying out an activity under this subtitle that also 
     qualifies as an offset project pursuant to subtitle A may 
     petition (pursuant to the regulations under subtitle A) to 
     receive offset allowances for reductions, destruction, 
     avoidance, or sequestration of greenhouse gas emissions for 
     which the individual or entity does not receive emission 
     allowances under this section.
       (2) Nonduplication.--A project may not receive both 
     allowances under this subtitle and offset allowances for the 
     same ton of greenhouse gas emissions reduced, destroyed, 
     avoided, or sequestered.

       Beginning on page 424, strike line 4 and all that follows 
     through page 438, line 2, and insert the following:

     SEC. 1311. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) changes in land use patterns and forest sector 
     emissions account for approximately 20 percent of global 
     greenhouse gas emissions;
       (2) land conversion and deforestation are 2 of the largest 
     sources of greenhouse gas emissions in the developing world, 
     comprising approximately 40 percent of the total greenhouse 
     gas emissions of the developing world;
       (3) with sufficient data, deforestation and forest 
     degradation rates and forest carbon stocks can be measured 
     with an acceptable degree of uncertainty;
       (4) encouraging reduced deforestation and reduced forest 
     degradation in foreign countries could--
       (A) provide critical leverage to encourage voluntary 
     participation by developing countries in emission limitation 
     regimes;
       (B) facilitate greater overall reductions in greenhouse gas 
     emissions than otherwise would be practicable; and
       (C) substantially benefit biodiversity, conservation, and 
     indigenous and other forest-dependent people in developing 
     countries;
       (5) in addition to forest carbon activities that can be 
     readily measured, monitored, and verified through national-
     scale programs and projects, there is great value in reducing 
     emissions and sequestering carbon through forest carbon 
     projects in countries that lack

[[Page 11718]]

     the institutional arrangements to support national-scale 
     accounting of forest carbon stocks; and
       (6) providing emission allowances in support of activities 
     in countries that lack fully developed institutions for 
     national-scale accounting could help to build capacity in 
     those countries, sequester additional carbon, and increase 
     participation by developing countries in international 
     climate agreements.
       (b) Purpose.--The purpose of this subtitle is to reduce 
     greenhouse gas emissions by reducing deforestation and forest 
     degradation in foreign countries in a manner that reduces the 
     costs imposed by this Act on covered entities in the United 
     States.

     SEC. 1312. INTERNATIONAL FOREST CARBON ACTIVITIES PROGRAM.

       (a) Establishment.--Not later than 2 years after the date 
     of enactment of this Act, the Administrator, in consultation 
     with the Secretary of the Interior, the Secretary of State, 
     and the Secretary of Agriculture, shall promulgate 
     regulations to establish programs or recognize existing 
     programs under which the Administrator shall provide emission 
     allowances allocated pursuant to subsections (b) and (c) to 
     assist developing countries in the efforts of the developing 
     countries to achieve emissions reductions or increased 
     sequestration of carbon dioxide from international forest 
     carbon activities.
       (b) Allocation.--Not later than 330 days before January 1 
     of each of calendar years 2012 through 2050, the 
     Administrator shall allocate for distribution under this 
     section 1 percent of the aggregate quantity of emission 
     allowances established for the applicable calendar year 
     pursuant to section 201(a).
       (c) Early Action.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall allocate for 
     early action distribution for each of calendar years 2010 and 
     2011 not more than 10 percent of the aggregate quantity of 
     emission allowances allocated under subsection (b) for each 
     of calendar years 2012 through 2022.
       (d) Carryover.--If the sum of the emission allowances for a 
     calendar year is not allocated for distribution in the 
     calendar year, the Administrator shall carry over to the next 
     calendar year the residual emission allowances.
       (e) Ensuring Market Readiness in Developing Countries.--
       (1) In general.--The Administrator shall--
       (A) set aside a portion of the allowances to be allocated 
     under subsections (b) and (c) for the purpose of ensuring 
     market readiness in forested developing countries; and
       (B) auction those allowances with the proceeds deposited 
     into a market readiness account.
       (2) Eligibility for proceeds.--The regulations promulgated 
     pursuant to subsection (a) shall delineate the requirements 
     for developing countries to be eligible to receive proceeds 
     from the auction of emission allowances under paragraph (1) 
     to be used for the preparation of a national reduced 
     deforestation and forest degradation strategy (referred to in 
     this section as a ``REDD strategy''), including--
       (A) developing a reliable estimate of the national forest 
     carbon stocks and sources of forest emissions of the 
     developing country;
       (B) defining the national emission reference baseline for 
     the developing country based on past emission rates;
       (C) specifying options for reducing emissions; and
       (D) implementing mechanisms that will support policies, 
     programs, and projects to reduce emissions.
       (f) Incentive Payments for Low-Cost Emission Reductions.--
       (1) In general.--Subject to paragraph (2), the regulations 
     promulgated pursuant to subsection (a) shall delineate the 
     requirements for forested developing countries or other 
     entities to be eligible to receive emission allowances under 
     subsections (b) and (c) to implement the national REDD 
     strategy of the countries or to implement low-cost emission 
     reduction projects in the forest sector.
       (2) Requirements.--Under the regulations promulgated under 
     paragraph (1)--
       (A) emission allowances under this section shall be awarded 
     in a manner that favors--
       (i) achievement of the greatest quantity of carbon 
     sequestration or emission reductions for the lowest cost; and
       (ii) broad geographical distribution of projects;
       (B) no allowances for emission reduction under this section 
     shall be awarded to countries, or entities for projects in 
     countries, that meets the criteria established under section 
     1313(c)(1)(A), as determined by the Administrator, after the 
     2-year period beginning on the date the Administrator 
     determines that those criteria apply;
       (C) no allowances shall be issued in a calendar year 
     beginning more than 5 years after the date of enactment of 
     this Act to a project or activity in a country that generates 
     greenhouse gas emissions accounting for more than 1 percent 
     of global greenhouse gas emissions;
       (D) no allowances shall be issued in a calendar year 
     beginning more than 10 years after the date of enactment of 
     this Act to a project or activity in a country that generates 
     greenhouse gas emissions accounting for more than 0.5 percent 
     of global greenhouse gas emissions; and
       (E) unless the Administrator determines that provision of 
     allowances to a project or activity in a country that would 
     otherwise be subject to the exclusions in subparagraph (C) or 
     (D) is in the interest of building needed capacity or 
     reducing international leakage, allowances may be issued to 
     the project or activity subject to other criteria in this 
     subsection.
       (g) Eligibility Requirements.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator, in consultation 
     with the Secretary of the Interior, the Secretary of State, 
     and the Secretary of Agriculture, shall promulgate 
     regulations establishing eligibility requirements for the 
     allocation of emission allowances under this subsection for 
     international forest carbon activities, including 
     requirements that those activities shall be designed, carried 
     out, and managed--
       (A) in accordance with widely-accepted environmentally 
     sustainable forestry practices;
       (B) to promote native species and restoration of native 
     forests, if practicable, and to avoid the introduction of 
     invasive nonnative species;
       (C) in a manner that is supportive of the internationally-
     recognized rights of indigenous and other forest-dependent 
     people living in the affected areas; and
       (D) in a manner that enhances the capability, if consistent 
     with the applicable laws in the country involved, of local 
     communities to exercise the right of free, prior informed 
     consent regarding projects or other activities.
       (2) Quality criteria for international forest carbon 
     allocations.--The regulations promulgated pursuant to 
     paragraph (1) shall include requirements intended to ensure 
     that the international forest carbon activity for which 
     emission allowances are provided under this section results 
     in real, permanent, additional, verifiable, and enforceable 
     emission reductions, with reliable measuring and monitoring 
     and appropriate accounting for leakage.
       (h) Peatland and Other Natural Land That Sequester 
     Carbon.--The Administrator may provide emission allowances 
     under this section for a project for storage of carbon in 
     peatland or other natural land if the Administrator 
     determines that--
       (1) the peatland or other natural land is capable of 
     storing carbon; and
       (2) the project for storage of carbon in the peatland or 
     other natural land is capable of meeting the quality criteria 
     described in subsection (a).

     SEC. 1313. LIMITATION ON DOUBLE COUNTING.

       Notwithstanding any other provision of this Act, activities 
     that receive credit under subtitle B of title III shall not 
     be eligible to receive emission allowances under this 
     subtitle.

     SEC. 1314. EFFECT OF SUBTITLE.

       Nothing in this subtitle supersedes, limits, or otherwise 
     affects any restriction imposed by Federal law (including 
     regulations) on any interaction between an entity located in 
     the United States and an entity located in a foreign country.
                                 ______
                                 
  SA 4950. Mrs. FEINSTEIN (for herself, Ms. Snowe, Mr. Wyden, and Ms. 
Cantwell) submitted an amendment intended to be proposed by her to the 
bill S. 3036, to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike section 412 and insert the following:

     SEC. 412. CARBON MARKET OVERSIGHT AND REGULATION.

       (a) Delegation of Authority by President.--The President, 
     taking into consideration the recommendations of the Working 
     Group established by subsection (b), shall delegate to 
     members of the Working Group and the heads of other 
     appropriate Federal entities the authority to promulgate 
     regulations to enhance the integrity, efficiency, 
     orderliness, fairness, and competitiveness of the development 
     and operation by the United States of any financial market 
     for emission allowances, based on the following core 
     principles:
       (1) The market shall--
       (A) be designed to prevent, detect, and remedy fraud and 
     manipulation relating to the trading of emission allowances 
     and related markets, which could potentially arise from many 
     sources, including--
       (i) the concentration of market power within the control of 
     a limited number of individuals or entities; and
       (ii) the abuse of material, nonpublic information;
       (B)(i) be appropriately transparent, with real-time 
     reporting of quotes and trades; and
       (ii) make information on price, volume, and supply, and 
     other important statistical information available to the 
     public on fair, reasonable, and nondiscriminatory terms;
       (C) be subject to appropriate recordkeeping and reporting 
     requirements regarding transactions; and
       (D) have the confidence of Federal and State regulators, 
     investors, and covered entities subject to compliance 
     obligations under this Act.

[[Page 11719]]

       (2) The market shall--
       (A) function smoothly and efficiently, generating prices 
     that accurately reflect supply and demand for emission 
     allowances;
       (B) be designed to prevent excessive speculation that could 
     cause sudden or unreasonable fluctuations or unwarranted 
     changes in--
       (i) the price of emission allowances; or
       (ii) prices in related markets; and
       (C) promote just and equitable principles of trade.
       (3) Market transparency measures shall be designed to 
     prevent the disclosure of information the disclosure of which 
     would be detrimental to the operation of an effective 
     emission allowance market.
       (4) The market shall be subject to effective and 
     comprehensive oversight, which integrates strong enforcement 
     mechanisms, including mechanisms for cooperation with other 
     national and comparable international oversight regimes.
       (5) There shall be an appropriate interagency forum--
       (A) for ongoing assessment of emerging regulatory matters 
     and information sharing; and
       (B) to ensure regulatory coordination of the market.
       (6) The market shall establish an equitable system for best 
     execution of customer orders.
       (7) The market shall protect investors and the public 
     interest.
       (8) To reduce the potential threats of market manipulation 
     and the concentration of market power, the market shall be 
     subject to position limitations or position accountability 
     measures, as necessary and appropriate.
       (b) Establishment.--There is established an interagency 
     working group, to be known as the ``Carbon Markets Working 
     Group'' (referred to in this section as the ``Working 
     Group'').
       (c) Membership.--The Working Group shall be composed of the 
     following members (or their designees):
       (1) The Administrator, who shall serve as Chairperson of 
     the Working Group.
       (2) The Secretary of the Treasury.
       (3) The Chairman of the Securities and Exchange Commission.
       (4) The Chairman of the Commodity Futures Trading 
     Commission.
       (5) The Chairman of the Federal Energy Regulatory 
     Commission.
       (6) The Chairperson of the Board.
       (7) Such other Executive branch officials as may be 
     appointed by the President.
       (d) Duties.--
       (1) Identification of issues and appropriate activities.--
       (A) In general.--The Working Group shall identify--
       (i) the major issues relating to the integrity, efficiency, 
     orderliness, fairness, and competitiveness of the development 
     by the United States of any financial market for emission 
     allowances under the cap-and-trade system for emission 
     allowances established under this Act;
       (ii) any relevant recommendations provided to the Working 
     Group by Federal, State, or local governments, organizations, 
     individuals, and entities; and
       (iii) the activities, such as market regulation, policy 
     coordination, and contingency planning, that are appropriate 
     to carry out those recommendations.
       (B) Consultation.--In identifying appropriate activities 
     under subparagraph (A)(iii), the Working Group shall consult 
     with representatives of, as appropriate--
       (i) various information exchanges and clearinghouses;
       (ii) self-regulatory entities, securities exchanges, 
     transfer agents, and clearing entities;
       (iii) participants in the emission allowance trading 
     market, including covered entities;
       (iv) State regulatory authorities; and
       (v) other Federal entities, including--

       (I) the Federal Reserve; and
       (II) the Federal Trade Commission.

       (2) Study.--The Working Group shall conduct a study of the 
     major issues relating to the regulation of the emission 
     allowance trading market and other carbon markets.
       (3) Report.--Not later than 270 days after the date of 
     enactment of this Act, and annually thereafter, the Working 
     Group shall submit to the President and Congress a report 
     describing--
       (A) the progress made by the Working Group;
       (B) recommendations of the Working Group regarding any 
     regulations proposed pursuant to subsection (a);
       (C) recommendations for additional legislative action, if 
     necessary; and
       (D) a timetable for the implementation of the new 
     regulations to ensure that the regulations take effect before 
     the effective date of regulations governing the emission 
     allowance trading system.
       (4) Memoranda of understanding.--Not later than 270 days 
     after the date of enactment of this Act, the Administrator 
     shall enter into a memorandum of understanding with the head 
     of each appropriate Federal entity (including each 
     appropriate Federal entity represented by a member of the 
     Working Group, as applicable) relating to regulatory and 
     enforcement coordination, information sharing, and other 
     related matters to minimize duplicative or conflicting 
     regulatory efforts.
       (5) Regulations.--Not later than 270 days after the date of 
     enactment of this Act, the heads of other appropriate Federal 
     entities to which the President has delegated regulatory 
     authority under subsection (a) shall promulgate regulations 
     in accordance with subsection (a).
       (e) Authorities.--In promulgating and implementing 
     regulations pursuant to this section, the promulgating 
     Federal agencies shall have authorities equivalent to the 
     authorities of those agencies under existing law.
       (f) Enforcement.--Regulations promulgated under this 
     section shall--
       (1) be fully enforceable and subject to such fines and 
     penalties as are provided under the laws (including 
     regulations) administered by the Federal agency that 
     promulgated the regulations under this section; and
       (2) for the purpose of enforcement, in accordance with 
     section 1722, be considered to have been promulgated pursuant 
     to this Act.
       (g) Administration.--
       (1) Information from federal agencies.--
       (A) In general.--The Working Group may secure directly from 
     any Federal agency such information as the Working Group 
     considers necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Working Group, the head of the agency 
     shall provide the information to the Working Group.
       (2) Compensation of members.--A member of the Working Group 
     who is an officer or employee of the Federal Government shall 
     serve without compensation in addition to the compensation 
     received for the services of the member as an officer or 
     employee of the Federal Government.
       (3) Administrator support.--To the extent permitted by law 
     and subject to the availability of appropriations, the 
     Administrator shall provide to the Working Group such 
     administrative and support services as are necessary to 
     assist the Working Group in carrying out the duties described 
     in subsection (d).
       (h) Effect of Section.--Nothing in this section limits or 
     restricts any regulatory or enforcement authority of a 
     Federal entity as in effect on the date of enactment of this 
     Act.
       (i) Prohibitions.--
       (1) In general.--It shall be unlawful for any individual or 
     entity--
       (A) to knowingly provide to the President (or a designee) 
     any false information relating to the price or quantity of 
     emission allowances sold, purchased, transferred, banked, or 
     borrowed by the individual or entity, with the intent to 
     fraudulently affect data complied by the Administrator or any 
     other entity;
       (B) directly or indirectly, to use in connection with the 
     purchase or sale of an emission allowance any manipulative or 
     deceptive device or contrivance (within the meaning of 
     section 10(b) of the Securities and Exchange Act of 1934 (15 
     U.S.C. 78j(b)), in contravention of such regulations as are 
     promulgated to protect public interest or consumers; or
       (C) to cheat or defraud, or to attempt to cheat or defraud, 
     another market participant, client, or customer.
       (2) Regulations.--Not later than 270 days after the date of 
     enactment of this Act, the President shall delegate the 
     authority to promulgate regulations in accordance with 
     paragraph (1) to 1 or more entities represented in the 
     Working Group.
       (3) Penalties.--An individual or entity that violates an 
     applicable provision of paragraph (1) or a regulation 
     promulgated pursuant to paragraph (2) shall be subject to a 
     fine of not more than $1,000,000 or imprisonment for not more 
     than 10 years, or both, for each such violation.
       (4) Effect of subsection.--Nothing in this subsection 
     establishes any private right of action.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 4951. Mrs. FEINSTEIN (for herself, Ms. Snowe, and Ms. Collins) 
submitted an amendment intended to be proposed by her to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 37, strike line 6 and all that follows 
     through page 38, line 7, and insert the following:
       (1) in new or renovated buildings that demonstrate 
     exemplary performance, which shall, at a minimum, place the 
     energy performance of the building in the top 25 percent for 
     similar new or renovated buildings with reference to an 
     established performance benchmarking metric as determined 
     under the regulations promulgated pursuant to subsection (d); 
     and
       (2) in retrofitted existing buildings that demonstrated 
     substantial improvement in the energy performance of the 
     buildings by achieving a minimum increase of 30 percent in 
     energy performance as measured by the

[[Page 11720]]

     benchmarking tool of the Energy Star program established by 
     section 324A of the Energy Policy and Conservation Act (42 
     U.S.C. 6294a), or an equivalent improvement using an 
     established performance benchmarking metric as determined 
     under the regulations promulgated pursuant to subsection (d).
       (c) Priority.--In providing grants under this section, the 
     Administrator shall give priority to projects that result in 
     measurable greenhouse gas reduction benefits not encompassed 
     within the metrics of the Energy Star program referred to in 
     subsection (b)(1), including at a minimum benefits such as 
     location efficiency and reductions in embodied energy of 
     construction materials.
       On page 38, line 25, insert ``, manufacturers,'' after 
     ``retailers''.
       On page 39, line 14, insert ``, manufacturer,'' after 
     ``retailer''.
       On page 39, line 18, insert ``, manufacturer,'' after 
     ``retailer''.
       On page 40, line 6, insert ``, manufacturer,'' after 
     ``retailer''.
       On page 40, line 9, strike ``, not to exceed 10 years,''.
       On page 63, between lines 7 and 8, insert the following:

     SEC. 127. IMPACT EVALUATION AND MEASUREMENT AND VERIFICATION 
                   RULES.

       (a) Definitions.--In this section:
       (1) Impact evaluation.--The term ``impact evaluation'' 
     means the evaluation of the energy savings and greenhouse gas 
     emissions reductions induced by a specific program, project, 
     or policy.
       (2) Measurement and verification.--The term ``measurement 
     and verification'' means data collection, monitoring, and 
     analysis associated with the calculation of total energy 
     savings and greenhouse gas emissions reductions from 
     individual sites or projects.
       (b) Rules.--
       (1) In general.--The Administrator, in consultation with 
     States, utilities, and other stakeholders, shall develop and 
     enforce uniform rules for impact evaluation, measurement, and 
     verification of the energy savings and avoided greenhouse gas 
     emissions of energy efficiency programs and projects.
       (2) Scope.--The rules shall be used by States, utilities, 
     and other entities receiving allowances or allowance proceeds 
     under this Act based on energy savings and greenhouse gas 
     emission reductions or for use in energy efficiency programs 
     or projects.
       (c) Requirements.--
       (1) Enforceability, verifiability, and additionality.--To 
     the maximum extent practicable, the Administrator shall 
     develop rules under subsection (b) so that the rules--
       (A) are enforceable; and
       (B) give reasonable assurance that energy savings and 
     avoided greenhouse gas emissions from measures implemented 
     under the scope of this section are verifiable and would not 
     have occurred without the allowances or proceeds under this 
     Act.
       (2) Additional characteristics.--To the maximum extent 
     practicable, the Administrator shall ensure that rules under 
     subsection (b)--
       (A) are complete and transparent;
       (B) balance risk management, certainty of estimated 
     impacts, and implementation costs; and
       (C) provide sufficient direction relating to methodologies 
     and assumptions, including measure persistence, market 
     transformation impacts, and the extent to which the savings 
     would have occurred without the allowances or proceeds under 
     this Act, to ensure reasonable uniformity among various 
     States and entities and consistency in results.
       (3) Use of existing protocols.--To the maximum extent 
     practicable, in developing rules under subsection (b), the 
     Administrator shall consider and harmonize with existing 
     domestic and international protocols.
       (d) Requirements.--The Administrator shall promulgate the 
     rules under subsection (b) not later than 2 years after the 
     date of enactment of this Act.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       On page 215, between lines 9 and 10, insert the following:
       (iii) Consumer and business programs.--

       (I) In general.--Except as otherwise provided in this 
     clause, each local distribution entity, with oversight from 
     the appropriate State utility commission in accordance with 
     State law, shall use at least 30 percent of the proceeds from 
     the sale of emission allowances to fund programs to 
     encourage, assist, and provide incentives to consumers and 
     businesses to improve energy efficiency and reduce energy 
     use, with an emphasis on consumers and businesses that are 
     not directly receiving energy-efficiency assistance under 
     other provisions of this Act.
       (II) Designation.--In each State in which the State 
     designates a program administrator other than the local 
     distribution entity, the local distribution entity shall 
     transfer the funds described in subclause (I) to the program 
     administrator designated by the State.
       (III) Exception.--Notwithstanding subclause (I), a 
     regulatory agency with authority over a local distribution 
     entity (including a governing board of a municipally owned or 
     cooperatively owned local distribution company) may reduce 
     the percent in subclause (I) if the agency determines that 
     the local distribution entity is able to maximize cost-
     effective energy savings at a lower percentage.

       On page 216, line 7, strike ``and'' at the end.
       On page 216, line 14, strike the period at the end and 
     insert ``; and''.
       On page 216, between lines 14 and 15, insert the following:
       (D) the amount of energy saved or generated as a result of 
     energy efficiency, demand response, and distributed 
     generation programs supported by sales of emission 
     allowances, and a description of the methodologies used to 
     estimate the savings.
       On page 221, strike line 6 and insert the following:
       (c) Use.--
       (1) In general.--During any calendar year, a State shall
       On page 221, between lines 10 and 11, insert the following:
       (2) Priority.--In carrying out this section, States shall 
     give priority to assisting manufacturing and coal industries 
     to improve the energy efficiency of those industries.
       On page 242, strike lines 1 through 6 and insert the 
     following:
       (b) Regulations.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations establishing a system for annually scoring 
     achievements by States in reducing greenhouse gas emissions 
     and energy use over the preceding 3 years, including through 
     State policies such as climate policies, building energy 
     codes, and ratepayer-funded energy efficiency programs.
       (2) Requirement.--Scoring under paragraph (1) shall--
       (A) be designed to encourage State policies and programs to 
     reduce greenhouse gas emissions and increase energy 
     efficiency; and
       (B) reward existing State policies and programs.
       (3) Credit for long-term savings.--A significant portion of 
     the scoring for calendar years 2012 through 2018 shall 
     recognize expected reductions in greenhouse gas emissions and 
     energy use in States due to adoption of, and compliance with, 
     building energy codes.
       Beginning on page 284, strike line 16 and all that follows 
     through page 285, line 11, and insert the following:
       (1) in new or renovated buildings that demonstrate 
     exemplary performance, which shall, at a minimum, place the 
     energy performance of the building in the top 25 percent for 
     similar new or renovated buildings with reference to an 
     established performance benchmarking metric selected by the 
     Climate Change Technology Board; and
       (2) in retrofitted existing buildings that demonstrated 
     substantial improvement in the energy performance of the 
     buildings by achieving a minimum increase of 30 percent in 
     energy performance as measured by the benchmarking tool of 
     the Energy Star program established by section 324A of the 
     Energy Policy and Conservation Act (42 U.S.C. 6294a), or an 
     equivalent improvement using an established performance 
     benchmarking metric selected by the Climate Change Technology 
     Board.
       (c) Priority.--In distributing the allowances, the 
     Administrator shall give priority to projects that result in 
     measurable greenhouse gas reduction benefits not encompassed 
     within the metrics of the Energy Star program referred to in 
     subsection (b)(1), including at a minimum benefits such as 
     location efficiency and reductions in embodied energy of 
     construction materials.
       On page 286, line 7, insert ``, manufacturers,'' after 
     ``retailers''.
       On page 286, line 9, insert ``, manufacturers,'' after 
     ``retailers''.
       On page 286, line 16, insert ``and distribution of the 
     reward among entities eligible for the reward'' after 
     ``product-type''.
       On page 286, line 21, insert ``, manufacturer,'' after 
     ``retailer''.
       On page 287, line 10, insert ``, manufacturer,'' after 
     ``retailer''.
       On page 287, line 13, strike ``, but not to exceed 10 
     years,''.
       On page 288, strike lines 17 through 24 and insert the 
     following:
       (a) Establishment.--
       (1) In general.--The Climate Change Technology Board shall 
     establish and carry out a program, to be known as the 
     ``Efficient Manufacturing Program'', to distribute the 
     emission allowances allocated pursuant to section 821 among 
     owners and operators of manufacturing facilities in the 
     United States, as reward for achieving high levels of energy 
     and resource use efficiency in the operations and processes 
     of the owners and operators.
       (2) Measurement.--Energy and resource use efficiency 
     improvements described in paragraph (1) shall be measured 
     relative to the energy and resource use that would have 
     happened if not for the Efficient Manufacturing Program.
       On page 292, between lines 16 and 17, insert the following:

 Subtitle E--Energy-Efficient Products and Services Deployment Program

     SEC. 841. ALLOCATION.

       Not later than 330 days before the beginning of each of 
     calendar years 2012 through 2050, the Administrator shall 
     allocate to the Climate Change Technology Board established 
     by section 431, 0.15 percent of the emission allowances 
     established pursuant to

[[Page 11721]]

     section 201(a) for that calendar year, for the purpose of 
     conducting the Energy-Efficient Products and Services 
     Deployment Program established under section 842.

     SEC. 842. ENERGY-EFFICIENT PRODUCTS AND SERVICES DEPLOYMENT 
                   PROGRAM.

       (a) Establishment.--There is established an energy-
     efficient products and services deployment program to provide 
     design, building construction, product installation, 
     management, or implementation of other strategies to improve 
     energy productivity by individuals, entities, Federal, State, 
     or local government agencies, and consortia of businesses and 
     organizations that demonstrate strong capability to capture 
     energy savings described in subsection (b).
       (b) Energy Savings.--At a minimum, energy savings captured 
     under subsection (a) shall be energy savings--
       (1) that have not been and, as determined by the Climate 
     Change Technology Board, are not expected to be otherwise 
     captured under this Act;
       (2) that span multiple States; and
       (3) the results of which can be accounted for and are 
     distinguishable from those of other programs under this Act.
       (c) Incentives.--The program established under subsection 
     (a) shall deliver incentives for individuals and entities in 
     the private sector to pursue, innovate, and compete for 
     energy efficiency improvement opportunities.
       (d) Criteria.--The Climate Change Technology Board, in 
     consultation with the Administrator and other appropriate 
     agencies, shall establish objective eligibility criteria for 
     energy efficiency projects to be funded under this section, 
     including criteria to ensure that the projects are verified 
     and would not have otherwise been carried out without the 
     award of funds under this section.
       (e) Contracts.--An award for deploying 1 or more highly 
     energy-efficient products or services that meet the criteria 
     established under this section shall be in the form of a 
     contract to provide an annual payment for verified energy 
     savings in an amount equal to the product obtained by 
     multiplying--
       (1) the amount bid by the individual or entity proposing to 
     deploy the highly energy-efficient product or service; and
       (2) the energy savings during the projected useful life of 
     the 1 or more highly energy-efficient products or services, 
     but not to exceed 15 years, as determined by the Climate 
     Change Technology Board.
       On page 303, strike line 23 and insert the following:
       (a) In General.--The Administrator shall deposit all 
     proceeds of auc-
       On page 304, between lines 3 and 4, insert the following:
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the funds described in subsection (a) shall be used for 
     programs that are expected to reduce the emission of 
     greenhouse gases.
                                 ______
                                 
  SA 4952. Mrs. FEINSTEIN (for herself, Ms. Klobuchar, Ms. Snowe, and 
Mr. Warner) submitted an amendment intended to be proposed by him to 
the bill S. 3036, to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 32, strike lines 7 to 14 and insert the following:
       (a) Regulations.--Not later than 2 years after the date of 
     enactment of this Act, the Administrator shall promulgate 
     regulations establishing a Federal greenhouse gas registry 
     that--
       (1) builds upon the regulations completed pursuant to the 
     mandate contained in the sixth paragraph of ``Administrative 
     Provisions, Environmental Protection Agency'' of Division F 
     of P.L. 110-161;
       (2) makes changes necessary to achieve the purposes 
     described in section 101; and
       (3) requires emission reporting to begin by not later than 
     calendar year 2011.
                                 ______
                                 
  SA 4953. Mr. McCONNELL (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 161, between lines 6 and 7, insert the following:

     SEC. 530. ACTION UPON HIGHER GASOLINE PRICES CAUSED BY THIS 
                   ACT.

       (a) Determination of Higher Gasoline Prices Caused by This 
     Act.--Not less than annually, the Secretary of Energy, in 
     consultation with the Secretary of Transportation and the 
     Administrator, shall determine whether implementation of this 
     Act has caused the average retail price of gasoline to 
     increase since the date of enactment of this Act.
       (b) Administrator Action.--Notwithstanding any other 
     provision of this Act, upon a determination under subsection 
     (a) of higher gasoline prices caused by this Act, the 
     Administrator shall suspend such provisions of this Act as 
     the Administrator determines are necessary until 
     implementation of the provisions no longer causes a gasoline 
     price increase.
                                 ______
                                 
  SA 4954. Mr. JOHNSON (for himself and Mr. Conrad) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 193, strike the table that appears before line 1 
     and insert the following:


------------------------------------------------------------------------
                                                         Percentage for
                                                          distribution
                                                       among fossil fuel-
                    Calendar year                      fired electricity
                                                         generators in
                                                         United States
------------------------------------------------------------------------
2012.................................................             20
2013.................................................             20
2014.................................................             20
2015.................................................             20
2016.................................................             19.75
2017.................................................             19.5
2018.................................................             19.25
2019.................................................             18.25
2020.................................................             17
2021.................................................             15.5
2022.................................................             13.25
2023.................................................             12.25
2024.................................................             11
2025.................................................             10.75
2026.................................................              7.75
2027.................................................              6.5
2028.................................................              6.25
2029.................................................              5
2030.................................................              4.75.
------------------------------------------------------------------------


       Beginning on page 193, strike line 9 and all that follows 
     through page 194, line 12, and insert the following:
       (b) Calculation.--
       (1) In general.--The regulations promulgated pursuant to 
     subsection (a) shall provide that the quantity of emission 
     allowances distributed to the owner or operator of an 
     individual fossil fuel-fired electricity generator for a 
     calendar year shall be equal to the product obtained by 
     multiplying--
       (A) the quantity of emission allowances allocated pursuant 
     to section 551; and
       (B) subject to paragraph (2), the quotient obtained by 
     dividing--
       (i) the average annual quantity of carbon dioxide 
     equivalents emitted by the fossil fuel-fired electricity 
     generator during the 3 calendar years preceding the date of 
     enactment of this Act; by
       (ii) the average annual quantity of carbon dioxide 
     equivalents emitted by all fossil fuel-fired electricity 
     generators during those 3 calendar years.
       (2) Initial baseline for new entrants.--For purposes of the 
     calculation under paragraph (1), in the case of a fossil 
     fuel-fired electricity generator that commences operation on 
     or after January 1, 2009, the value described in subparagraph 
     (B) of paragraph (1) for each of the first 3 calendar years 
     for which the generator is in operation shall be the average 
     annual quantity of carbon dioxide equivalent emitted by all 
     fossil-fired electricity generators during those 3 calendar 
     years.

       Strike the table that appears on page 203 after line 2 and 
     insert the following:


------------------------------------------------------------------------
                                                         Percentage for
                                                          auction for
                    Calendar year                        Climate Change
                                                            Consumer
                                                        Assistance Fund
------------------------------------------------------------------------
2012.................................................              1.5
2013.................................................              1.75
2014.................................................              1.75
2015.................................................              2
2016.................................................              2.25
2017.................................................              2.5
2018.................................................              3
2019.................................................              4
2020.................................................              4
2021.................................................              4
2022.................................................              5
2023.................................................              5
2024.................................................              6
2025.................................................              6
2026.................................................              7
2027.................................................              8
2028.................................................              8
2029.................................................              9
2030.................................................             10
2031.................................................             14
2032.................................................             14
2033.................................................             14
2034.................................................             15
2035.................................................             15
2036.................................................             15

[[Page 11722]]

 
2037.................................................             15
2038.................................................             15
2039.................................................             15
2040.................................................             15
2041.................................................             15
2042.................................................             15
2043.................................................             15
2044.................................................             15
2045.................................................             15
2046.................................................             15
2047.................................................             15
2048.................................................             15
2049.................................................             15
2050.................................................             15.
------------------------------------------------------------------------

                                 ______
                                 
  SA 4955. Mr. DORGAN (for himself, Mr. Warner, and Mr. Salazar) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 293, between lines 17 and 18, insert the following:
       (3) Qualifying transmission line.--The term ``qualifying 
     transmission line'' means a transmission line that--
       (A)(i) is placed into commercial service after the date of 
     enactment of this Act;
       (ii) transmits renewable electricity; and
       (iii) to the maximum extent practicable, employs advanced 
     grid technologies; or
       (B)(i) provides incremental increases in transmission 
     capacity for renewable electricity; and
       (ii) to the maximum extent practicable, employs advanced 
     grid technologies
       (4) Qualifying transmitter of renewable electricity.--The 
     term ``qualifying transmitter of renewable electricity'' 
     means an entity that constructs qualifying transmission 
     lines.
       On page 293, line 18, strike ``(3)'' and insert ``(5)''.
       On page 293, line 23, strike ``(4)'' and insert ``(6)''.
       On page 294, line 7, strike ``(5)'' and insert ``(7)''.
       On page 297, between lines 9 and 10, insert the following:

     SEC. 905. ADDITIONAL FUNDS.

       (a) In General.--For the period of calendar years 2009 
     through 2018, of the proceeds of the auctions conducted under 
     section 1402(a), $5,000,000,000 shall be allocated by the 
     Administrator to the Low- and Zero-Carbon Electricity 
     Technology Fund in accordance with the schedule described in 
     subsection (b).
       (b) Schedule.--Of the amount made available under 
     subsection (a), the Administrator shall allocate--
       (1) $1,000,000,000 for calendar year 2012;
       (2) $1,000,000,000 for calendar year 2013;
       (3) $1,000,000,000 for calendar year 2014;
       (4) $500,000,000 for calendar year 2015;
       (5) $500,000,000 for calendar year 2016;
       (6) $500,000,000 for calendar year 2017; and
       (7) $500,000,000 for calendar year 2018.
       Beginning on page 297, strike line 24 and all that follows 
     through page 298, line 3, and insert the following:
       (1) the production of electricity from new zero- or low-
     carbon generation;
       (2) facility establishment or conversion by manufacturers 
     and component suppliers of zero- or low-carbon generation 
     technology; and
       (3) the construction of additional transmission capacity to 
     increase the quantity of renewable electricity on the 
     electrical grid.
       On page 298, strike lines 5 through 17 and insert the 
     following:
       (a) In General.--The Climate Change Technology Board shall 
     make awards under this section to domestic producers of new 
     zero- or low-carbon generation, domestic facilities and 
     operations of manufacturers and component suppliers of zero- 
     or low-carbon generation technology, and domestic 
     transmitters of renewable electricity--
       (1) in the case of producers of new zero- or low-carbon 
     generation, based on the bid of each generator in terms of 
     dollars per megawatt-hour of electricity generated;
       (2) in the case of qualifying manufacturers of zero- or 
     low-carbon generation technology, based on the criteria 
     described in section 909; and
       (3) in the case of qualifying transmitters of renewable 
     electricity, based on the quantity and distance of renewable 
     electricity transmitted from remote areas that contain high 
     renewable energy potential.
       On page 300, between lines 10 and 11, insert the following:
       (3) Minimum amount.--Of the amounts used by the Climate 
     Change Technology Board to make awards to entities for zero- 
     or low-carbon generation under this subtitle, not less than 
     \1/2\ of the amounts shall be used each fiscal year to make 
     awards to entities for the generation of renewable energy.
       On page 301, between lines 10 and 11, insert the following:
       (c) Construction of Transmission Capacity to Increase 
     Availability of Renewable Electricity.--
       (1) In general.--The Climate Change Technology Board shall 
     establish and carry out a program to direct, for each of 
     calendar years 2012 through 2050, funds deposited in the Low- 
     and Zero-Carbon Electricity Technology Fund during the 
     preceding calendar year pursuant to section 904 to builders 
     of qualifying transmission lines based on the percentage of 
     the qualifying transmission lines of the builders that are 
     dedicated to the transmission of energy from renewable energy 
     sources to the grid.
       (2) Minimum amount.--In carrying out the program 
     established under paragraph (1), for each of calendar years 
     2012 through 2050, of the funds deposited in the Low- and 
     Zero-Carbon Electricity Technology Fund during the preceding 
     calendar year pursuant to section 904, the Climate Change 
     Technology Board shall ensure that not less than 5 percent of 
     the funds are used for the construction of qualifying 
     transmission lines.
       On page 304, strike lines 4 through 7 and insert the 
     following:

     SEC. 913. ADDITIONAL FUNDS.

       (a) In General.--For the period of calendar years 2009 
     through 2018, of the proceeds of the auctions conducted under 
     section 1402(a), $5,000,000,000 shall be allocated by the 
     Administrator to the Advanced Research Projects Agency--
     Energy--
       (1) to be used by the Administrator to carry out renewable 
     energy projects; and
       (2) in accordance with the schedule described in subsection 
     (b).
       (b) Schedule.--Of the amount made available under 
     subsection (a), the Administrator shall allocate--
       (1) $1,000,000,000 for calendar year 2012;
       (2) $1,000,000,000 for calendar year 2013;
       (3) $1,000,000,000 for calendar year 2014;
       (4) $500,000,000 for calendar year 2015;
       (5) $500,000,000 for calendar year 2016;
       (6) $500,000,000 for calendar year 2017; and
       (7) $500,000,000 for calendar year 2018.

     SEC. 914. USE OF FUNDS.

       (a) Limitation on Disbursement.--No amounts deposited in 
     the energy transformation acceleration fund pursuant to 
     section 912 shall be disbursed, except pursuant to an 
     appropriation Act.
       (b) Advanced Research Projects Agency--Energy.--Section 
     5012(c)(1)(A) of the America COMPETES Act (42 U.S.C. 
     16538(c)(1)(A)) is amended--
       (1) in clause (ii), by striking ``and'' after the 
     semicolon; and
       (2) by adding at the end the following:
       ``(iv) the advancement of renewable energy technologies 
     that do not emit greenhouse gases; and''.
                                 ______
                                 
  SA 4956. Mr. ENZI (for himself, Mr. Bond, Mr. Inhofe, and Mr. 
Voinovich) submitted an amendment intended to be proposed by him to the 
bill S. 3036, to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 310, lines 1 through 3, strike ``part C of the Safe 
     Drinking Water Act (42 U.S.C. 300h et seq.)'' and insert 
     ``subtitle C of title X''.
       Beginning on page 318, strike line 6 and all that follows 
     through page 320, line 7, and insert the following:

     SEC. 1021. CARBON SEQUESTRATION AND CAPTURE.

       (a) Definitions.--In this section:
       (1) Anthropogenic.--The term ``anthropogenic'' means 
     produced or caused by human activity.
       (2) Carbon dioxide.--The term ``carbon dioxide'' means 
     anthropogenically sourced carbon dioxide that is of 
     sufficient purity and quality as to not compromise the safety 
     and efficiency of any reservoir in which the carbon dioxide 
     is stored.
       (3) Federal agency.--The term ``Federal agency'' means any 
     department, agency, or instrumentality of the United States.
       (4) Geological storage.--The term ``geological storage'' 
     means permanent or short-term underground storage of carbon 
     dioxide in a reservoir.
       (5) Person.--
       (A) In general.--The term ``person'' means an individual, 
     corporation, company (including a limited liability company), 
     association, partnership, State, municipality, or Federal 
     agency.
       (B) Inclusions.--The term ``person'' includes an officer, 
     employee, and agent of any corporation, company (including a 
     limited liability company), association, partnership, State, 
     municipality, or Federal agency.
       (6) Reservoir.--
       (A) In general.--The term ``reservoir'' means any 
     subsurface sedimentary stratum, formation, aquifer, or cavity 
     or void (whether natural or artificially created) that is 
     suitable for, or capable of being made suitable for, the 
     injection and storage of carbon dioxide.
       (B) Inclusions.--The term ``reservoir'' includes--
       (i) an oil and gas reservoir;
       (ii) a saline formation or coal seam; and
       (iii) the seabed and subsoil of a submarine area.

[[Page 11723]]

       (7) State.--
       (A) In general.--The term ``State'' means--
       (i) each of the several States of the United States;
       (ii) the District of Columbia;
       (iii) the Commonwealth of Puerto Rico;
       (iv) Guam;
       (v) American Samoa;
       (vi) the Commonwealth of the Northern Mariana Islands;
       (vii) the Federated States of Micronesia;
       (viii) the Republic of the Marshall Islands;
       (ix) the Republic of Palau; and
       (x) the United States Virgin Islands.
       (B) Inclusions.--The term ``State'' includes all 
     territorial water, seabed, and subsoil of submarine areas of 
     each State.
       (8) State regulatory agency.--The term ``State regulatory 
     agency'' means the agency designated by the Governor of a 
     State to administer a carbon dioxide storage program of the 
     State.
       (9) Storage facility.--
       (A) In general.--The term ``storage facility'' means--
       (i) an underground reservoir, underground equipment, and 
     surface structures and equipment used in an operation to 
     store carbon dioxide in a reservoir; and
       (ii) any other facilities that the Administrator may 
     include by regulation or permit.
       (B) Exclusions.--The term ``storage facility'' does not 
     include pipelines used to transport the carbon dioxide from 1 
     or more capture facilities to the storage and injection site.
       (10) Storage operator.--The term ``storage operator'' means 
     any person or other entity authorized by the Administrator or 
     State regulatory agency to operate a storage facility.
       (11) Underground reservoir.--The term ``underground 
     reservoir'', with respect to a storage facility, includes any 
     necessary and reasonable areal buffer and subsurface 
     monitoring zones that are--
       (A) designated by the Administrator or State regulatory 
     agency for the purpose of ensuring the safe and efficient 
     operation of the storage facility for the storage of carbon 
     dioxide; and
       (B) selected to protect against pollution, invasion, and 
     escape or migration of the stored carbon dioxide.
       (b) State Carbon Dioxide Geological Storage Programs.--
       (1) Regulations.--
       (A) In general.--The Administrator shall--
       (i) not later than 180 days after the date of enactment of 
     this Act, publish in the Federal Register proposed 
     regulations for State carbon dioxide storage programs; and
       (ii) not later than 180 days after the date of publication 
     of the proposed regulations under clause (i), promulgate 
     final regulations for State carbon dioxide storage programs 
     that meet the requirements described in paragraph (2)(A), 
     including such modifications as the Administrator determines 
     to be appropriate.
       (B) Updating.--The Administrator may periodically review 
     and, as necessary, revise the regulations promulgated under 
     this subsection.
       (2) State regulatory authority.--
       (A) In general.--The regulations promulgated under 
     paragraph (1)(A)(ii) shall establish minimum requirements 
     that States shall meet in order to be approved to administer 
     a carbon dioxide storage program under subsection (c)(1), 
     including--
       (i) a prohibition on carbon dioxide storage in the State 
     that is not authorized by a permit issued by the State;
       (ii) inspection, monitoring, recordkeeping, and reporting 
     requirements; and
       (iii) authority for the State regulatory agency to issue a 
     permit, after public notice and hearing, approving a storage 
     facility for the proposed geological storage of carbon 
     dioxide if the State regulatory authority determines that--

       (I) the horizontal and vertical boundaries of the 
     geological storage facility designated by the permit are 
     appropriate for the storage facility;
       (II) the storage facility and reservoir are suitable and 
     feasible for the injection and storage of carbon dioxide;
       (III) a good faith effort has been made to obtain the 
     consent of a majority of the owners having property interests 
     affected by the storage facility, and that the storage 
     operator intends to acquire any remaining interest by eminent 
     domain or by a method otherwise allowed by law;
       (IV) the use of the storage facility for the geological 
     storage of carbon dioxide will not result in the unpermitted 
     migration of carbon dioxide into other formations containing 
     fresh drinking water or oil, gas, coal, or other commercial 
     mineral deposits that are not owned by the storage operator; 
     and
       (V) the proposed storage would--

       (aa) not unduly endanger human health or the environment; 
     and
       (bb) be in the public interest.
       (B) State authority.--A State regulatory agency approved 
     under subsection (c)(1) to administer a carbon dioxide 
     storage program shall issue such orders, permits, 
     certificates, rules, and regulations, including establishment 
     of such appropriate and sufficient financial sureties as are 
     necessary, for the purpose of regulating the drilling, 
     operation, and well plugging and abandonment and removal of 
     surface buildings and equipment of the storage facility in 
     order to protect the storage facility against pollution, 
     invasion, and the escape or migration of carbon dioxide.
       (C) Eminent domain.--A storage operator may be empowered by 
     a State to exercise the right of eminent domain under State 
     law to acquire all surface and subsurface rights and 
     interests necessary or useful for the purpose of operating 
     the storage facility, including easements and rights-of-way 
     across land that are necessary to transport carbon dioxide 
     among components of the storage facility.
       (D) Variance in conditions.--The regulations promulgated 
     under paragraph (1)(A)(ii) shall permit or provide for 
     consideration of varying geological, hydrological, and 
     historical conditions in different States and in different 
     areas within a State.
       (E) Enhanced recovery operations.--
       (i) In general.--Upon the approval of a State to administer 
     a carbon dioxide storage program under subsection (c)(1), the 
     State regulatory agency designated by the State may develop 
     rules to allow the conversion into a storage facility of an 
     enhanced recovery operation that is in existence as of the 
     date on which administration of the program by the State is 
     approved.
       (ii) Oil and gas recovery.--Nothing in this section applies 
     to or otherwise affects the use of carbon dioxide as a part 
     of or in conjunction with any enhanced recovery method the 
     sole purpose of which is enhanced oil or gas recovery.
       (c) State Primary Enforcement Responsibility.--
       (1) Approval of state carbon dioxide storage programs.--
       (A) Application.--
       (i) In general.--After promulgation of the regulations 
     under subsection (b)(1)(A)(ii), each State may submit to the 
     Administrator an application that demonstrates, to the 
     satisfaction of the Administrator, that the State--

       (I) has adopted, after providing for reasonable notice and 
     an opportunity for public comment, and will implement, a 
     carbon dioxide storage program that meets the requirements of 
     the regulations; and
       (II) will keep such records and make such reports with 
     respect to the activities of the State under the carbon 
     dioxide storage program as the Administrator may require by 
     regulation.

       (ii) Revisions.--Not later than the expiration of the 270-
     day period beginning on the date on which any regulation 
     promulgated under subsection (b)(1)(A)(ii) is revised or 
     amended with respect to a requirement applicable to State 
     carbon dioxide storage programs, each State with a carbon 
     dioxide storage program approved under subparagraph (B) shall 
     submit, in such form and in such manner as the Administrator 
     may require, a notice to the Administrator that demonstrates, 
     to the satisfaction of the Administrator, that the State 
     carbon dioxide storage program meets the revised or amended 
     requirement.
       (B) Approval or disapproval.--Not later than 90 days after 
     the date on which a State submits to the Administrator an 
     application under subparagraph (A)(i) or a notice under 
     subparagraph (A)(ii), and after a reasonable (as determined 
     by the Administrator) opportunity for discussion, the 
     Administrator shall by regulation approve, disapprove, or 
     approve in part and disapprove in part, the carbon dioxide 
     storage program proposed by the State.
       (C) Effect of approval.--If the Administrator approves the 
     carbon dioxide storage program of a State under subparagraph 
     (B), the State shall have primary enforcement responsibility 
     for carbon dioxide storage in the State until such time as 
     the Administrator determines, by regulation, that the State 
     no longer meets the requirements of subparagraph (A)(i).
       (D) Public participation.--Before making a determination 
     under subparagraph (B) or (C), the Administrator shall 
     provide an opportunity for a public hearing with respect to 
     the determination.
       (2) States without primary enforcement responsibility.--
       (A) In general.--If a State fails to submit an application 
     under paragraph (1)(A)(i) by the date that is 270 days after 
     the date of promulgation of regulations under subsection 
     (b)(1)(A)(ii), the Administrator shall by regulation 
     prescribe (and may from time to time by regulation revise) a 
     program applicable to the State that meets the terms and 
     conditions of subsection (b)(2).
       (B) Disapproval.--If the Administrator disapproves all or a 
     portion of the program of a State under paragraph (1)(B), if 
     the Administrator determines under paragraph (1)(C) that a 
     State no longer meets the requirements of subclause (I) or 
     (II) of paragraph (1)(A)(i), or if a State fails to submit a 
     notice before the expiration of the period specified in 
     paragraph (1)(A)(ii), the Administrator shall by regulation, 
     not later than 90 days after the date of the disapproval, 
     determination, or expiration (as the case may be), prescribe 
     (and may from time to time by regulation revise) a program 
     applicable to the State that meets the requirements of 
     subsection (b)(2).

[[Page 11724]]

       (C) Applicability.--A program prescribed by the 
     Administrator under subparagraph (B) shall apply in a State 
     only to the extent that a program adopted by the State that 
     the Administrator determines meets the requirements of this 
     section or subsection (b)(2) is not in effect.
       (D) Public participation.--Before promulgating any 
     regulation under subparagraph (B) or (C), the Administrator 
     shall provide an opportunity for a public hearing with 
     respect to the regulation.
       (d) Enforcement of Program.--
       (1) Notification.--
       (A) In general.--In any case in which the Administrator 
     determines, during a period during which a State has primary 
     enforcement responsibility for carbon dioxide storage, that 
     any person who is subject to a requirement of the carbon 
     dioxide storage program is violating the requirement, the 
     Administrator shall notify the State and the person violating 
     the requirement of the violation.
       (B) Failure to enforce.--If, after the date that is 30 days 
     after the Administrator notifies a State of a violation under 
     subparagraph (A), the State has not commenced appropriate 
     enforcement action, the Administrator shall--
       (i) issue an order under paragraph (2) requiring the person 
     to--

       (I) correct the matter; and
       (II) comply with the requirement; or

       (ii) bring a civil action in accordance with paragraph (3).
       (C) Violations in certain states.--In any case in which the 
     Administrator determines, during a period during which a 
     State does not have primary enforcement responsibility for 
     carbon dioxide storage, that any person subject to any 
     requirement of any applicable carbon dioxide storage program 
     in the State is violating the requirement, the Administrator 
     shall--
       (i) issue an order under paragraph (2) requiring the person 
     to comply with requirement; or
       (ii) bring a civil action in accordance with paragraph (3).
       (2) Administrative orders and appeals.--
       (A) In general.--In any case in which the Administrator has 
     the authority to bring a civil action under this subsection 
     with respect to any regulation or other requirement of this 
     section, the Administrator may, in addition to bringing the 
     civil action, issue an order under this paragraph that--
       (i) assesses a civil penalty of not more than $10,000 for 
     each day of violation for any past or current violation, up 
     to a maximum aggregate civil penalty of $125,000, for each 
     covered entity;
       (ii) requires compliance with the regulation or other 
     requirement; or
       (iii) accomplishes each of the actions described in clauses 
     (i) and (ii).
       (B) Timing.--An order under this paragraph shall be issued 
     by the Administrator only after an opportunity (provided in 
     accordance with this paragraph) for a hearing.
       (C) Notice.--Before issuing any order under subparagraph 
     (A), the Administrator shall provide to the person to whom 
     the order applies--
       (i) written notice of the intent of the Administrator to 
     issue the order; and
       (ii) the opportunity to request, within the 30-day period 
     beginning on the date of receipt by the person of the notice, 
     a hearing on the order.
       (D) Requirements.--A hearing described in subparagraph 
     (C)(ii)--
       (i) shall not be subject to section 554 or 556 of title 5, 
     United States Code; but
       (ii) shall provide to each interested person a reasonable 
     opportunity to be heard and to present evidence.
       (E) Notice and comment.--The Administrator shall provide 
     public notice of, and a reasonable opportunity to comment on, 
     any proposed order.
       (F) Specific notice.--Any person who comments on any 
     proposed order under subparagraph (E) shall be given notice 
     of any hearing under this paragraph and of any order.
       (G) Effective date.--Any order issued under this paragraph 
     shall become effective on the date that is 30 days after the 
     date of issuance of the order, unless an appeal is taken 
     pursuant to subparagraph (K).
       (H) Contents of order.--Any order issued under this 
     paragraph--
       (i) shall state with reasonable specificity the nature of 
     the violation; and
       (ii) may specify a reasonable period to achieve compliance.
       (I) Considerations.--In assessing any civil penalty under 
     this paragraph, the Administrator shall take into 
     consideration all appropriate factors, including--
       (i) the seriousness of the violation;
       (ii) the economic benefit (if any) resulting from the 
     violation;
       (iii) any history of similar violations;
       (iv) any good-faith efforts to comply with the applicable 
     requirements;
       (v) the economic impact of the penalty on the violator; and
       (vi) such other matters as justice may require.
       (J) Other actions.--Any violation with respect to which the 
     Administrator has commenced and is diligently prosecuting a 
     civil action under a provision of law other than this 
     section, or has issued an order under this paragraph 
     assessing a civil penalty, shall not be subject to a civil 
     action under paragraph (3).
       (K) Appeals.--Any person against whom an order is issued 
     may file an appeal of the order, not later than 30 days after 
     the date of issuance of the order, with--
       (i) the United States District Court for the District of 
     Columbia; or
       (ii) the United States district court for the district in 
     which the violation is alleged to have occurred.
       (L) Distribution of copies.--An appellant shall 
     simultaneously send a copy of an appeal filed under 
     subparagraph (K) by certified mail to the Administrator and 
     to the Attorney General.
       (M) Record.--The Administrator shall promptly file in the 
     appropriate court described in subparagraph (K) a certified 
     copy of the record on which an order was based.
       (N) Judicial action.--A court having jurisdiction over an 
     order issued under this paragraph shall not--
       (i) set aside or remand the order unless the court 
     determines that--

       (I) there is not substantial evidence on the record, taken 
     as a whole, to support the finding of a violation; or
       (II) the assessment by the Administrator of a civil 
     penalty, or a requirement for compliance, constitutes an 
     abuse of discretion; or

       (ii) impose additional civil penalties for the same 
     violation unless the court determines that the assessment by 
     the Administrator of a civil penalty constitutes an abuse of 
     discretion.
       (O) Failure to pay.--
       (i) In general.--If any person fails to pay an assessment 
     of a civil penalty after an order becomes effective under 
     subparagraph (G), or after a court, in a civil action brought 
     under subparagraph (K), has entered a final judgment in favor 
     of the Administrator, the Administrator may request the 
     Attorney General to bring a civil action in an appropriate 
     United States district court to recover the amount assessed, 
     plus costs, attorneys' fees, and interest at currently 
     prevailing rates, calculated from the date on which the order 
     is effective or the date of the final judgment, as the case 
     may be.
       (ii) No review of amount.--In a civil action brought under 
     clause (i), the validity, amount, and appropriateness of the 
     civil penalty shall not be subject to review.
       (P) Authority of administrator.--The Administrator may, in 
     connection with administrative proceedings under this 
     paragraph--
       (i) issue subpoenas compelling the attendance and testimony 
     of witnesses and subpoenas duces tecum; and
       (ii) request the Attorney General to bring a civil action 
     to enforce any subpoena issued under this subparagraph.
       (Q) Enforcement.--The United States district courts shall 
     have jurisdiction to enforce, and impose sanctions with 
     respect to, subpoenas issued under subparagraph (P).
       (3) Civil and criminal actions.--
       (A) In general.--A civil action referred to in subparagraph 
     (B) or (C) of paragraph (1) shall be brought in the 
     appropriate United States district court.
       (B) Authority; judgement.--A court described in 
     subparagraph (A)--
       (i) shall have jurisdiction to require compliance with any 
     requirement of an applicable carbon dioxide storage program 
     or with an order issued under paragraph (2); and
       (ii) may enter such judgment as the protection of public 
     health may require.
       (C) Penalties.--Any person who violates any requirement of 
     an applicable carbon dioxide storage program or an order 
     requiring compliance under paragraph (2)--
       (i) shall be subject to a civil penalty of not more than 
     $25,000 for each day of such violation; and
       (ii) if the violation is willful, may, in addition to or in 
     lieu of the civil penalty under clause (i), be imprisoned for 
     not more than 3 years, fined in accordance with title 18, 
     United States Code, or both.
       (4) Effect on state authority.--
       (A) In general.--Nothing in this subsection diminishes or 
     otherwise affects any authority of a State or political 
     subdivision of a State to adopt or enforce any law (including 
     a regulation) (relating to the storage of carbon dioxide.
       (B) Other requirements.--No law (including a regulation) 
     described in subparagraph (A) shall relieve any person of any 
     requirement otherwise applicable under this Act.
       (e) Financial Assurances for Storage Operators.--
       (1) In general.--Each storage operator shall be required by 
     the State regulatory agency (in the case of a State with 
     primary enforcement authority) or the Administrator (in the 
     case of a State that does not have primary enforcement 
     authority) to have and maintain financial assurances of such 
     type and in such amounts as are necessary to cover public 
     liability claims relating to the storage facility of the 
     storage operator.
       (2) Maintenance of financial assurances.--The financial 
     assurances required under paragraph (1) shall be maintained 
     by the storage operator until such time as the operator 
     obtains a certificate of completion of injection operations 
     under subsection (f).
       (3) Amount.--The amount of financial assurances required 
     under paragraph (1) shall be the maximum amount of liability 
     insurance available at a reasonable cost and on

[[Page 11725]]

     reasonable terms from private sources (including private 
     insurance, private contractual indemnities, self-insurance, 
     or a combination of those measures), as determined by the 
     Administrator.
       (f) Cessation of Storage Operations.--Upon a showing by a 
     storage operator that a storage facility is reasonably 
     expected to retain mechanical integrity and remain in place, 
     the State regulatory agency (in the case of a State with 
     primary enforcement authority) or the Administrator (in the 
     case of a State that does not have primary enforcement 
     authority) shall issue a certificate of completion of 
     injection operations to the storage operator.
       (g) Liability of Storage Operators for Release of Carbon 
     Dioxide.--
       (1) In general.--The Administrator shall agree to indemnify 
     and hold harmless a storage operator (and if different from 
     the storage operator, the owner of the storage facility) that 
     has maintained financial assurances under subsection (e) from 
     liability arising from the leakage of carbon dioxide at any 
     storage facility operated by the storage operator, to the 
     extent that the liability is in excess of the level of 
     financial protection required of the storage operator.
       (2) Completion of operations.--Upon the issuance of 
     certificate of completion of injection operations by a State 
     regulatory agency (in the case of a State with primary 
     enforcement authority) or the Administrator (in the case of a 
     State that does not have primary enforcement authority)--
       (A) the Administrator shall be vested with complete and 
     absolute title and ownership of the storage facility and any 
     stored carbon dioxide at the facility;
       (B) the storage operator and all generators of any injected 
     carbon dioxide shall be released from all further liability 
     associated with the project; and
       (C)(i) any performance bonds posted by the storage operator 
     shall be released; and
       (ii) continued monitoring of the storage facility, 
     including remediation of any well leakage, shall become the 
     responsibility of the Administrator.
       (h) Funding.--
       (1) In general.--For each fiscal year, the Administrator 
     shall collect an annual assessment from each storage operator 
     for each storage facility that has not obtained a certificate 
     of completion of injection operations.
       (2) Assessment amount.--The amount of the assessment for a 
     storage facility for a fiscal year shall be equal to the 
     product obtained by multiplying--
       (A) the per-ton assessment for the fiscal year calculated 
     under paragraph (4); and
       (B) the total number of tons of carbon dioxide injected for 
     storage by the storage operator during the preceding fiscal 
     year at all storage facilities operated by the storage 
     operator during the fiscal year.
       (3) Aggregate amount.--The aggregate amount of assessments 
     collected from all storage operators under paragraph (1) for 
     any fiscal year shall be equal to the sum of, with respect to 
     the fiscal year--
       (A) any indemnification payments required to be made 
     pursuant to subsection (g)(1);
       (B) any costs associated with storage facilities to which 
     the Administrator has taken title pursuant to subsection 
     (g)(2), including costs associated with any--
       (i) inspection, monitoring, recordkeeping, and reporting 
     requirements of those facilities;
       (ii) remediation of carbon dioxide leakage; or
       (iii) plugging and abandoning of remaining wells; and
       (C) any costs associated with public liability of storage 
     facilities to which the Administrator has taken title 
     pursuant to subsection (g)(2).
       (4) Calculation of assessment.--The assessment under this 
     subsection per ton of carbon dioxide for a fiscal year shall 
     be equal to the quotient obtained by dividing--
       (A) the aggregate amount of assessments calculated under 
     paragraph (3) for the fiscal year; by
       (B) the aggregate number of tons of carbon dioxide injected 
     for storage during the preceding fiscal year by all storage 
     operators.
       (5) Information.--The Administrator shall require the 
     submission of such information by each storage operator on an 
     annual basis as is necessary to make the calculations 
     required under this subsection.
       (i) Relationship to Other Laws.--
       (1) In general.--The Administrator shall promulgate 
     regulations for permitting commercial-scale underground 
     injection of carbon dioxide for purposes of geological 
     sequestration under this section.
       (2) Safe drinking water act.--Section 1421 of the Safe 
     Drinking Water Act (42 U.S.C. 300h) shall not be used as a 
     basis for permitting commercial-scale underground injection 
     or storage of carbon dioxide.
       Beginning on page 329, strike line 1 and all that follows 
     through page 330, line 3.
       At the end of title X, add the following:

  Subtitle D--Reduced Carbon Emissions Through Clean Coal Technologies

     SEC. 1031. STATEMENT OF POLICY.

       It is the policy of the United States to reduce carbon 
     emissions from technology improvements to coal-fired power 
     plants that will reduce the quantity of coal burned and 
     carbon dioxide emitted per unit of power produced.

     SEC. 1032. CLEAN COAL RESEARCH AND DEVELOPMENT.

       (a) In General.--The Secretary shall expand and accelerate 
     efforts to conduct research and develop technologies that 
     reduce carbon dioxide emissions from coal-fired facilities 
     with an emphasis on commercial viability and reliability.
       (b) Short-, Medium- and Long-Term Technology Areas.--The 
     Secretary shall emphasize technologies that reduce carbon 
     dioxide emissions in the short-, medium-, and long-term time 
     frames, including--
       (1) innovations for existing power plants that reduce 
     carbon dioxide emissions by energy efficiency increases or by 
     capturing carbon emissions, including technologies that--
       (A) reduce the quantity of fuel combusted per unit of 
     electricity output;
       (B) reduce parasitic power loss from carbon control 
     technology;
       (C) improve compression of the separated and captured 
     carbon dioxide;
       (D) reuse or reduce water consumption and withdrawal; and
       (E) capture carbon dioxide post-combustion from flue gas, 
     such as through the use of ammonia-based, aqueous amine or 
     ionic liquid solutions or other methods;
       (2) new combustion systems, including--
       (A) oxyfuel combustion that burns fuel in the presence of 
     oxygen and recirculated flue gas instead of air producing a 
     concentrated stream of carbon dioxide that can be readily 
     captured for storage or use;
       (B) chemical looping combustion that burns fuel in the 
     presence of a solid oxygen carrier instead of air producing 
     concentrated stream of carbon dioxide that can be readily 
     captured for storage or use;
       (C) high-temperature and pressure steam systems, such as 
     ultra supercritical steam generation, that result in high net 
     plant efficiency and reduced fuel consumption, thus producing 
     less carbon dioxide per unit of energy;
       (D) other innovative carbon dioxide control technologies 
     appropriate for new combustion systems; and
       (E) high temperature and high pressure materials that will 
     result in much higher plant efficiencies and carbon dioxide 
     emission reductions;
       (3) innovations for IGCC systems that build on the ability 
     of the IGCC to separate pollutants and carbon emissions from 
     gas streams, including--
       (A) advanced membrane technology for carbon dioxide 
     separation;
       (B) improved air separation systems;
       (C) improved compression for the separated and captured 
     carbon dioxide; and
       (D) other innovative carbon dioxide control technologies 
     appropriate for IGCC systems;
       (4) advanced combustion turbines, including--
       (A) ultra low emission hydrogen turbines; and
       (B) oxycoal combustion turbines; and
       (5) sequestration of captured carbon in geological 
     formations, including--
       (A) plume tracking;
       (B) carbon dioxide leak detection and mitigation;
       (C) carbon dioxide fate and transport models; and
       (D) site evaluation instrumentation.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, to remain 
     available until expended--
       (1) for innovations at power plants in operation as of the 
     date of enactment of this Act $450,000,000 for the period of 
     fiscal years 2009 through 2020;
       (2) for new combustion systems $450,000,000 for the period 
     of fiscal years 2009 through 2025;
       (3) for IGCC systems $850,000,000 for the period of fiscal 
     years 2009 through 2025;
       (4) for advanced combustion turbines $350,000,000 for the 
     period of fiscal years 2009 through 2025;
       (5) for carbon storage $400,000,000 for the period of 
     fiscal years 2009 through 2020.

     SEC. 1033. CLEAN COAL DEMONSTRATION.

       (a) In General.--The Secretary shall expand and accelerate 
     the demonstration of technologies that reduce carbon dioxide 
     emissions from coal-fired facilities by demonstrating, at a 
     minimum--
       (1) through facilities in operation as of the date of 
     enactment of this Act--
       (A) post-combustion carbon dioxide capture at pilot scale 
     at not less than 2 facilities, the award of contracts for 
     which shall be completed by 2010;
       (B) oxycoal combustion at commercial scale retrofitted to 
     not less than 1 facility, the award of contracts for which 
     shall be completed by 2012;
       (C) post-combustion carbon dioxide capture at commercial 
     scale retrofitted to not less than 1 facility, the award of 
     contracts for which shall be completed by 2012;
       (D) heat rate and efficiency improvements at commercial 
     scale at not less than 2 facilities, the award of contracts 
     for which shall be completed by 2012; and
       (E) water consumption reduction at commercial scale at not 
     less than 2 facilities, the award of contracts for which 
     shall be completed by 2012;
       (F) post-combustion carbon dioxide capture at pilot scale 
     with technologies other

[[Page 11726]]

     than technologies demonstrated under subparagraphs (A) and 
     (C) at not less than 1 facility, the award of contracts for 
     which shall be completed by 2012;
       (G) heat rate and efficiency improvements at commercial 
     scale at not less than 3 facilities, the award of contracts 
     for which shall be completed by 2014;
       (H) water consumption reduction at commercial scale at not 
     less than 3 facilities, the award of contracts for which 
     shall be completed by 2014; and
       (I) post-combustion carbon dioxide capture at pilot scale 
     with technologies other than technologies demonstrated under 
     subparagraphs (A), (C), and (F) at not less than 1 facility, 
     the award of contracts for which shall be completed by 2016;
       (2) through new coal combustion facilities that include 
     carbon capture--
       (A) oxycoal combustion at pilot scale at not less than 1 
     facility, the award of contracts for which shall be completed 
     by 2010;
       (B) post-combustion carbon dioxide capture at pilot scale 
     at not less than 1 facility, the award of contracts for which 
     shall be completed by 2012;
       (C) oxycoal combustion at commercial scale at not less than 
     1 facility, the award of contracts for which shall be 
     completed by 2012;
       (D) supercritical pulverized coal combustion with advanced 
     emission controls and partial carbon dioxide capture at 
     commercial scale at not less than 1 facility, the award of 
     contracts for which shall be completed by 2012;
       (E) oxycoal supercritical circulating fluidized bed 
     combustion at commercial scale at not less than 1 facility, 
     the award of contracts for which shall be completed by 2012;
       (F) post-combustion carbon dioxide capture at commercial 
     scale at not less than 1 facility, the award of contracts for 
     which shall be completed by 2012;
       (G) post-combustion carbon dioxide capture at pilot scale 
     with technologies other than technologies demonstrated under 
     subparagraphs (B) or (F) at not less than 1 facility, the 
     award of contracts for which shall be completed by 2014;
       (H) ultra supercritical (1290F) pulverized coal combustion 
     with near-zero emission controls and 90 percent carbon 
     dioxide capture at commercial scale at not less than 1 
     facility, the award of contracts for which shall be completed 
     by 2014;
       (I) oxycoal combustion with an advanced oxygen separation 
     system at commercial scale at not less than 1 facility, the 
     award of contracts for which shall be completed by 2016;
       (J) second generation post-combustion carbon dioxide 
     capture at commercial scale at not less than 1 facility, the 
     award of contracts for which shall be completed by 2014;
       (K) chemical looping combustion at commercial scale at not 
     less than 1 facility, the award of contracts for which shall 
     be completed by 2018; and
       (L) ultra advanced supercritical (1400F) combustion with 
     near-zero emission controls and 90 percent integrated carbon 
     dioxide capture at commercial scale at not less than 1 
     facility, the award of contracts for which shall be completed 
     by 2018;
       (3) through IGCC with carbon capture--
       (A) partial carbon dioxide capture without a water gas 
     shift system at commercial scale at not less than 1 facility, 
     the award of contracts for which shall be completed by 2010;
       (B) using G class turbine at not less than 1 facility with 
     at least 400 megawatts in generating capacity, the award of 
     contracts for which shall be completed by 2012;
       (C) using H class turbines at not less than 1 facility with 
     at least 400 megawatts in generating capacity, the award of 
     contracts for which shall be completed by 2014; and
       (D) using H class turbines at not less than 1 facility with 
     at least 400 megawatts in generating capacity, the award of 
     contracts for which shall be completed by 2016.
       (4) through advanced turbines using--
       (A) monitoring systems for advanced IGCC gas turbine at 
     commercial scale at not less than 1 facility, the award of 
     contracts for which shall be completed by 2010;
       (B) advanced oxygen separation of at least 2,000 tons per 
     day in size integrated with a combustion turbine at not less 
     than 1 facility, the award of contracts for which shall be 
     completed by 2012;
       (C) an oxyfuel turbine of at least 50 megawatts in 
     generating capacity, at not less than 1 facility, the award 
     of contracts for which shall be completed by 2015;
       (D) advanced oxygen separation of at least 2,000 tons per 
     day in size integrated with a gas turbine at not less than 1 
     facility, the award of contracts for which shall be completed 
     by 2015; and
       (E) an oxyfuel turbine of at least 400 megawatts in 
     generating capacity, at not less than 1 facility, the award 
     of contracts for which shall be completed by 2020; and
       (5) for storage of carbon dioxide captured through--
       (A) a field test of sequestration of at least 1,000,000 
     tons of carbon dioxide per year in a saline formation, the 
     award of contracts for which shall be completed by 2010;
       (B) field tests of sequestration of at least 2,000,000 tons 
     of carbon dioxide per year in a saline formation, the award 
     of contracts for which shall be completed by 2012; and
       (C) a field test of sequestration of at least 1,000,000 
     tons of carbon dioxide per year in a saline formation, the 
     award of contracts for which shall be completed by 2014.
       (b) Sequestration of Captured Carbon Dioxide.--In any 
     demonstration referred to in subsection (a) that demonstrates 
     carbon dioxide capture, the carbon dioxide capture shall be 
     used for enhanced oil recovery, sequestered in geologically 
     appropriate formations, or permanently sequestered or reused, 
     with funds made available to carry out each such 
     demonstration for the respective purpose of the 
     demonstration.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section, to remain 
     available until expended--
       (1) for demonstrations through facilities in operation as 
     of the date of enactment of this Act $850,000,000 for the 
     period of fiscal years 2009 through 2025;
       (2) for new combustion systems $1,950,000,000 for the 
     period of fiscal years 2009 through 2025;
       (3) for IGCC systems $2,950,000,000 for the period of 
     fiscal years 2009 through 2025;
       (4) for advanced combustion turbines $400,000,000 for the 
     period of fiscal years 2009 through 2025; and
       (5) for carbon storage $1,350,000,000 for the period of 
     fiscal years 2009 through 2020.

     SEC. 1034. IDENTIFICATION OF CLEAN COAL RESEARCH, 
                   DEVELOPMENT, AND DEMONSTRATION PROJECTS.

       (a) In General.--The Secretary shall take such steps as are 
     necessary to carry out this subtitle.
       (b) Public Comment.--Not later than 90 days after the date 
     of enactment of this Act and every 2 years thereafter, the 
     Secretary shall institute a public comment period of at least 
     45 days to assist the determination of the specific research, 
     development, and demonstration projects required under this 
     subtitle.
       (c) Applications.--Not later than 120 days after the end of 
     each public comment period required under subsection (b), the 
     Secretary shall--
       (1) publicly identify the specific types of projects that 
     the Secretary intends to pursue to carry out this subtitle;
       (2) establish selection criteria for the specific types of 
     projects identified under paragraph (1); and
       (3) establish an application process that allows persons 
     that are interested in participating in projects identified 
     under paragraph (1) to provide such information as the 
     Secretary determines to be necessary.

              Subtitle E--Clean Coal Technology Incentives

     SEC. 1041. SHORT TITLE.

       This subtitle may be cited as the ``Energy Security and 
     Climate Enhancement Through Clean Coal Technology Act of 
     2008''.

     SEC. 1042. MODIFICATION OF SPECIAL RULES FOR ATMOSPHERIC 
                   POLLUTION CONTROL FACILITIES.

       (a) In General.--Subsection (d) of section 169 of the 
     Internal Revenue Code of 1986 is amended by adding at the end 
     the following new paragraph:
       ``(6) Special rules for certain atmospheric pollution 
     control facilities.--Notwithstanding paragraph (1), the term 
     `pollution control facility' includes any mechanical or 
     electronic system which--
       ``(A) which is a new identifiable treatment facility (as 
     defined in paragraph (4)),
       ``(B) which is--
       ``(i) installed after December 31, 2007, and
       ``(ii) used in connection with an electric generation plant 
     or other property which is primarily coal fired, and
       ``(C) which is certified by the owner or operator of the 
     plant or other property, in such form and manner as 
     prescribed by the Secretary, to reduce carbon dioxide 
     emissions per net megawatt hour of electricity generation 
     by--
       ``(i) optimizing combustion,
       ``(ii) optimizing sootblowing and heat transfer,
       ``(iii) upgrading steam temperature control capabilities,
       ``(iv) reducing exit gas temperatures (air heater 
     modifications)
       ``(v) predrying low rank coals using power plant waste 
     heat,
       ``(vi) modifying steam turbines or change the steam path/
     blading,
       ``(vii) replacing single speed motors with variable speed 
     drives for fans and pumps,
       ``(viii) improving operational controls, including neural 
     networks, or
       ``(ix) any other means approved by the Secretary, in 
     consultation with the Secretary of Health and Human 
     Services.''.
       (b) Deduction Not Adjusted for Purposes of Determining 
     Alternative Minimum Tax.--Paragraph (5) of section 56(a) of 
     the Internal Revenue Code of 1986 is amended by adding at the 
     end the following new sentence: ``The preceding sentences of 
     this paragraph shall not apply to any pollution control 
     facility described in section 169(d)(6).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to property placed in service after December 31, 
     2007.

     SEC. 1043. EXTENSION AND MODIFICATION OF PRODUCTION CREDIT 
                   FOR CLOSED-LOOP BIOMASS.

       (a) In General.--Clause (ii) of section 45(d)(2)(A) of the 
     Internal Revenue Code of 1986 is amended to read as follows:

[[Page 11727]]

       ``(iii) owned by the taxpayer which after before January 1, 
     2014 is originally placed in service and modified, or is 
     originally placed in service as a facility, to use closed-
     loop biomass to co-fire (or, in the case of an integrated 
     gasification combined cycle facility, to co-process) with 
     coal, with other biomass, or with both.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to electricity produced and sold after the date 
     of the enactment of this Act.

     SEC. 1044. QUALIFYING NEW CLEAN COAL POWER PLANT CREDIT.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986 is amended by 
     inserting after section 48B the following new section:

     ``SEC. 48C. QUALIFYING NEW CLEAN COAL POWER PLANT CREDIT.

       ``(a) Allowance of Credit.--
       ``(1) In general.--For purposes of section 46, the 
     qualifying new clean coal power plant credit for any taxable 
     year is an amount equal to the applicable percentage of the 
     qualified investment for such taxable year.
       ``(2) Applicable percentage.--For purposes of paragraph 
     (1), the applicable percentage shall be determined as 
     follows:

----------------------------------------------------------------------------------------------------------------
                      ``In the case of a plant which either has--
----------------------------------------------------------------------------------------      The applicable
                                                                    a carbon dioxide          percentage is:
    a design net heat rate below--                or               emission rate of--
----------------------------------------------------------------------------------------------------------------
7,580 Btu/kWh (45% efficiency).......  .......................  1,577 lbs/MWh or less..  30 percent
7,760 Btu/kWh (44% efficiency).......  .......................  1,613 lbs/MWh or less..  28 percent
7,940 Btu/kWh (43% efficiency).......  .......................  1,650 lbs/MWh or less..  26 percent
8,120 Btu/kWh (42% efficiency).......  .......................  1,690 lbs/MWh or less..  20 percent
8,322 Btu/kWh (41% efficiency).......  .......................  1,731 lbs/MWh or less..  10 percent
8,530 Btu/kWh (40% efficiency).......  .......................  1,774 lbs/MWh or less..  10 percent
----------------------------------------------------------------------------------------------------------------

       ``(b) Qualified Investment.--
       ``(1) In general.--For purposes of subsection (a), the 
     qualified investment for any taxable year is the basis of 
     eligible property placed in service by the taxpayer during 
     such taxable year which is part of a qualifying new clean 
     coal power plant--
       ``(A)(i) the construction, reconstruction, or erection of 
     which is completed by the taxpayer, or
       ``(ii) which is acquired by the taxpayer if the original 
     use of such property commences with the taxpayer, and
       ``(B) with respect to which depreciation (or amortization 
     in lieu of depreciation) is allowable.
       ``(2) Special rule for certain subsidized property.--Rules 
     similar to section 48(a)(4) shall apply for purposes of this 
     section.
       ``(3) Certain qualified progress expenditures rules made 
     applicable.--Rules similar to the rules of subsections (c)(4) 
     and (d) of section 46 (as in effect on the day before the 
     enactment of the Revenue Reconciliation Act of 1990) shall 
     apply for purposes of this section.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualifying new clean coal power plant.--The term 
     `qualifying new clean coal power plant' means a facility 
     which--
       ``(A) which meets the requirements of section 48A(e),
       ``(B) which either--
       ``(i) has a design net heat rate of below 8,530 Btu/kWh, or
       ``(ii) has a carbon dioxide emission rate of 1,774 lbs/MWh 
     or less, and
       ``(C) which--
       ``(i) is designed to capture carbon dioxide emissions, or
       ``(ii)(I) is designed to include a built-in space for 
     future carbon dioxide capture hardware (and improved 
     foundations and ironwork necessary to accommodate the 
     additional hardware),
       ``(II) includes an engineering feasibility study 
     identifying a system, including associated cost and 
     performance parameters, to retrofit carbon capture equipment, 
     and
       ``(III) includes a site or sited identified where carbon 
     dioxide may be stored or used for commercial purposes.
       ``(2) Eligible property.--The term `eligible property' 
     means any property which is a part of a qualifying new clean 
     coal power plant.
       ``(d) Qualifying New Clean Coal Power Plant Program.--
       ``(1) Establishment.--Not later than 180 days after the 
     date of enactment of this section, the Secretary, in 
     consultation with the Secretary of Energy, shall establish a 
     qualifying new clean coal power plant program, under which 
     the Secretary shall certify projects eligible for the credit 
     under subsection (a)
       ``(2) Application.--An application under for certification 
     under this section shall contain such information as the 
     Secretary may require in order to make a determination to 
     accept or reject an application for certification as meeting 
     the requirements of this section. Any information contained 
     in the application shall be protected as provided in section 
     552(b)(4) of title 5, United States Code.
       ``(3) Aggregate credits.--The aggregate or projects 
     certified by the Secretary under this subsection shall not 
     exceed an aggregate capacity for electricity generation of 
     more than 6,000 megawatts.''.
       ``(e) Recapture of Credit.--The Secretary shall provide for 
     recapturing the benefit of any credit allowable under 
     subsection (a) with respect to any project which fails to 
     attain or maintain any of the requirements of this 
     section.''.
       (b) Conforming Amendments.--
       (1) Section 46 of the Internal Revenue Code of 1986 is 
     amended by striking ``and'' at the end of paragraph (3), by 
     striking the period at the end of paragraph (4) and inserting 
     ``, and'', and by adding at the end the following new 
     paragraph:
       ``(5) the qualifying new clean coal power plant credit.''.
       (2) Section 49(a)(1)(C) of such Code is amended by striking 
     ``and'' at the end of clause (iii), by striking the period at 
     the end of clause (iv) and inserting ``, and'', and by adding 
     at the end the following new clause:
       ``(v) the basis of any property which is part of a 
     qualifying new clean coal power plant under section 48C.''.
       (3) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 of such Code is amended by 
     inserting after the item relating to section 48B the 
     following new item:

``Sec. 48C. Qualifying new clean coal power plant credit.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect before the 
     date of the enactment of the Revenue Reconciliation Act of 
     1990).

     SEC. 1045. INVESTMENT CREDIT FOR EQUIPMENT USED TO CAPTURE, 
                   TRANSPORT, AND STORE CARBON DIOXIDE.

       (a) In General.--Subpart E of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code of 1986, as amended by 
     this Act, is amended by inserting after section 48C the 
     following new section:

     ``SEC. 48D. EQUIPMENT USED TO CAPTURE, TRANSPORT, AND STORE 
                   CARBON DIOXIDE EMISSIONS.

       ``(a) General Rule.--For purposes of section 46, the 
     qualifying carbon dioxide equipment credit for any taxable 
     year is an amount equal to 30 percent of the qualified 
     investment for such taxable year.
       ``(b) Qualified Investment.--For purposes of subsection 
     (a), the qualified investment for any taxable year is the 
     basis of eligible property placed in service by the taxpayer 
     during such taxable year.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Eligible property.--The term `eligible property' 
     means equipment installed on a qualified coal-fired electric 
     power generating unit to capture, transport, and store carbon 
     dioxide produced at such generating unit, including equipment 
     to separate and pressurize carbon dioxide for transport 
     (including hardware to operate such equipment) and equipment 
     to transport, inject, and monitor such carbon dioxide, as 
     further specified and identified, by rule, by the Secretary.
       ``(2) Qualified coal-fired electric generation unit.--The 
     term `qualified coal-fired electric generation unit' means a 
     unit which, after installation of eligible property, is 
     designed to capture and store in a geologic formation not 
     less than 500,000 metric tons of carbon dioxide per year.
       ``(d) Aggregate Credits.--The credits allowed under 
     subsection (a) shall apply only to the first 9,000 megawatts 
     of capacity of qualified coal-fired electric power generating 
     units certified by the Secretary under subsection (e).
       ``(e) Certification.--
       ``(1) Certification process.--The Secretary shall establish 
     a certification process to determine the extent to which 
     eligible property has been installed on a qualified coal-
     fired electric power generating unit, and to make such other 
     determinations as the Secretary deems appropriate. The 
     Secretary shall prepare an application for certification.
       ``(2) Requirements for applications for certification.--An 
     application for certification shall contain such information 
     as the Secretary may require in order to establish

[[Page 11728]]

     credit entitlement. Any information contained in an 
     application shall be protected as provided in section 
     552(b)(4) of title 5, United States Code.''.
       (b) Conforming Amendments.--
       (1) Section 46 of the Internal Revenue Code of 1986, as 
     amended by this Act, is amended by striking ``and'' at the 
     end of paragraph (4), by striking the period at the end of 
     paragraph (5) and inserting ``, and'', and by adding at the 
     end the following new paragraph:
       ``(6) the qualifying carbon dioxide equipment credit.''.
       (2) Section 49(a)(1)(C) of such Code, as amended by this 
     Act, is amended by striking ``and'' at the end of clause 
     (iv), by striking the period at the end of clause (v) and 
     inserting ``, and'', and by adding at the end the following 
     new clause:
       ``(vi) the basis of any eligible property under section 
     48D.''.
       (3) The table of sections for subpart E of part IV of 
     subchapter A of chapter 1 of such Code, as amended by this 
     Act is amended by inserting after the item relating to 
     section 48C the following new section:

``Sec. 48D. Equipment used to capture, transport, and store carbon 
              dioxide emissions.''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to periods after the date of the enactment of 
     this Act, under rules similar to the rules of section 48(m) 
     of the Internal Revenue Code of 1986 (as in effect before the 
     date of the enactment of the Revenue Reconciliation Act of 
     1990).

     SEC. 1046. TAX CREDIT FOR CARBON DIOXIDE SEQUESTRATION IN THE 
                   GENERATION OF ELECTRICITY.

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

     ``SEC. 45Q. CREDIT SEQUESTERING CARBON DIOXIDE IN THE 
                   GENERATION OF ELECTRICITY.

       ``(a) General Rule.--For purposes of section 38, the carbon 
     dioxide sequestration credit for any taxable year is an 
     amount equal to the sum of--
       ``(1) $30 per metric ton of qualified carbon dioxide which 
     is--
       ``(A) captured by the taxpayer at a qualified facility 
     during the credit period, and
       ``(B) disposed of by the taxpayer in secure geological 
     storage, and
       ``(2) $10 per metric ton of qualified carbon dioxide which 
     is--
       ``(A) captured by the taxpayer at a qualified facility 
     during the credit period, and
       ``(B) used by the taxpayer as a tertiary injectant in a 
     qualified enhanced oil or natural gas recovery project.
       ``(b) Qualified Facility.--For purposes of this section--
       ``(1) In general.--The term `qualified facility' means any 
     industrial facility--
       ``(A) which is owned by the taxpayer,
       ``(B) at which carbon capture equipment is placed in 
     service,
       ``(C) which captures not less than 500,000 metric tons of 
     carbon dioxide during the taxable year, and
       ``(D) which is certified by the Secretary under paragraph 
     (2).
       ``(2) Certification.--
       ``(A) In general.--The Secretary, in consultation with the 
     Secretary of Energy, shall establish a program under which 
     facilities which use coal for the generation of electricity 
     are certified for purposes of this section.
       ``(B) Limitation.--The total aggregate generating capacity 
     of all facilities certified by the Secretary under this 
     paragraph shall not exceed 9,000 megawatts.
       ``(c) Qualified Carbon Dioxide.--For purposes of this 
     section--
       ``(1) In general.--The term `qualified carbon dioxide' 
     means carbon dioxide captured from an industrial source 
     which--
       ``(A) would otherwise be released into the atmosphere as 
     industrial emissions of greenhouse gas, and
       ``(B) is measured at the source of capture and verified at 
     the point of disposal or injection.
       ``(2) Recycled carbon dioxide.--The term `qualified carbon 
     dioxide' includes the initial deposit of captured carbon 
     dioxide used as a tertiary injectant. Such term does not 
     include carbon dioxide that is re-captured, recycled, and re-
     injected as part of the enhanced oil and natural gas recovery 
     process.
       ``(d) Special Rules and Definitions.--For purposes of this 
     section--
       ``(1) Credit period.--The term `credit period' means, with 
     respect to any qualified facility, the 10-year period 
     beginning on the date on which qualified carbon dioxide for 
     which a credit was allowed under subsection (a) was first 
     captured.
       ``(2) Only carbon dioxide captured within the united states 
     taken into account.--The credit under this section shall 
     apply only with respect to qualified carbon dioxide the 
     capture of which is within--
       ``(A) the United States (within the meaning of section 
     638(1)), or
       ``(B) a possession of the United States (within the meaning 
     of section 638(2)).
       ``(3) Secure geological storage.--The Secretary, in 
     consultation with the Administrator of the Environmental 
     Protection Agency, shall establish regulations for 
     determining adequate security measures for the geological 
     storage of carbon dioxide under subsection (a)(1)(B) such 
     that the carbon dioxide does not escape into the atmosphere. 
     Such term shall include storage at deep saline formations and 
     unminable coal seems under such conditions as the Secretary 
     may determine under such regulations.
       ``(4) Tertiary injectant.--The term `tertiary injectant' 
     has the same meaning as when used within section 193(b)(1).
       ``(5) Qualified enhanced oil or natural gas recovery 
     project.--The term `qualified enhanced oil or natural gas 
     recovery project' has the meaning given the term `qualified 
     enhanced oil recovery project' by section 43(c)(2), by 
     substituting `crude oil or natural gas' for `crude oil' in 
     subparagraph (A)(i) thereof.
       ``(6) Credit attributable to taxpayer.--Any credit under 
     this section shall be attributable to the person that 
     captures and physically or contractually ensures the disposal 
     of or the use as a tertiary injectant of the qualified carbon 
     dioxide, except to the extent provided in regulations 
     prescribed by the Secretary.
       ``(7) Recapture.--The Secretary shall, by regulations, 
     provide for recapturing the benefit of any credit allowable 
     under subsection (a) with respect to any qualified carbon 
     dioxide which ceases to be captured, disposed of, or used as 
     a tertiary injectant in a manner consistent with the 
     requirements of this section.
       ``(8) Inflation adjustment.--In the case of any taxable 
     year beginning in a calendar year after 2008, there shall be 
     substituted for each dollar amount contained in subsection 
     (a) an amount equal to the product of--
       ``(A) such dollar amount, multiplied by
       ``(B) the inflation adjustment factor for such calendar 
     year determined under section 43(b)(3)(B) for such calendar 
     year, determined by substituting `2007' for `1990'.''.
       (b) Conforming Amendment.--Section 38(b) of the Internal 
     Revenue Code of 1986 (relating to general business credit) is 
     amended by striking ``plus'' at the end of paragraph (32), by 
     striking the period at the end of paragraph (33) and 
     inserting ``, plus'', and by adding at the end of following 
     new paragraph:
       ``(34) the carbon dioxide sequestration credit determined 
     under section 45Q(a).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     B of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 (relating to other credits) is amended 
     by adding at the end the following new section:

``Sec. 45Q. Credit for sequestering carbon dioxide in the generation of 
              electricity.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply carbon dioxide captured after the date of the 
     enactment of this Act.

     SEC. 1047. CLEAN ENERGY COAL BONDS.

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

     ``SEC. 54C. CLEAN ENERGY COAL BONDS.

       ``(a) Clean Energy Coal Bond.--For purposes of this 
     subchapter--
       ``(1) In general.--The term `clean energy coal bond' means 
     any bond issued as part of an issue if--
       ``(A) the bond is issued by a qualified issuer pursuant to 
     an allocation by the Secretary to such issuer of a portion of 
     the national clean energy coal bond limitation under 
     subsection (b)(2);
       ``(B) 100 percent of the available project proceeds from 
     the sale of such issue are to be used for capital 
     expenditures incurred by qualified borrowers for 1 or more 
     qualified projects;
       ``(C) the qualified issuer designates such bond for 
     purposes of this section and the bond is in registered form; 
     and
       ``(D) in lieu of the requirements of section 54A(d)(2), the 
     issue meets the requirements of subsection (c).
       ``(2) Qualified project; special use rules.--
       ``(A) In general.--The term `qualified project' means a 
     qualified clean coal project (as defined in subsection 
     (f)(1)) placed in service by a qualified borrower.
       ``(B) Refinancing rules.--For purposes of paragraph (1)(B), 
     a qualified project may be refinanced with proceeds of a 
     clean energy coal bond only if the indebtedness being 
     refinanced (including any obligation directly or indirectly 
     refinanced by such indebtedness) was originally incurred by a 
     qualified borrower after the date of the enactment of this 
     section.
       ``(C) Reimbursement.--For purposes of paragraph (1)(B), a 
     clean energy coal bond may be issued to reimburse a qualified 
     borrower for amounts paid after the date of the enactment of 
     this section with respect to a qualified project, but only 
     if--
       ``(i) prior to the payment of the original expenditure, the 
     qualified borrower declared its intent to reimburse such 
     expenditure with the proceeds of a clean energy coal bond;
       ``(ii) not later than 60 days after payment of the original 
     expenditure, the qualified issuer adopts an official intent 
     to reimburse the original expenditure with such proceeds; and

[[Page 11729]]

       ``(iii) reimbursement is not made later than 18 months 
     after the date the original expenditure is paid or the date 
     the project is placed in service or abandoned, but in no 
     event more than 3 years after the original expenditure is 
     paid.
       ``(D) Treatment of changes in use.--For purposes of 
     paragraph (1)(B), the proceeds of an issue shall not be 
     treated as used for a qualified project to the extent that a 
     qualified borrower takes any action within its control which 
     causes such proceeds not to be used for a qualified project. 
     The Secretary shall prescribe regulations specifying remedial 
     actions that may be taken (including conditions to taking 
     such remedial actions) to prevent an action described in the 
     preceding sentence from causing a bond to fail to be a clean 
     energy coal bond.
       ``(b) Limitation on Amount of Bonds Designated.--
       ``(1) National limitation.--There is a national clean 
     energy coal bond limitation of $5,000,000,000.
       ``(2) Allocation by secretary.--The Secretary shall 
     allocate the amount described in paragraph (1) among 
     qualified projects in such manner as the Secretary determines 
     appropriate.
       ``(c) Special Rules Relating to Expenditures.--
       ``(1) In general.--An issue shall be treated as meeting the 
     requirements of this subsection if, as of the date of 
     issuance. the qualified issuer reasonably expects--
       ``(A) 100 percent or more of the available project proceeds 
     from the sale of the issue are to be spent for 1 or more 
     qualified projects within the 5-year period beginning on the 
     date of issuance of the clean energy bond;
       ``(B) a binding commitment with a third party to spend at 
     least 10 percent of such available project proceeds from the 
     sale of the issue will be incurred within the 6-month period 
     beginning on the date of issuance of the clean energy bond 
     or, in the case of a clean energy bond the available project 
     proceeds of which are to be loaned to 2 or more qualified 
     borrowers, such binding commitment will be incurred within 
     the 6-month period beginning on the date of the loan of such 
     proceeds to a qualified borrower; and
       ``(C) such projects will be completed with due diligence 
     and the available project proceeds from the sale of the issue 
     will be spent with due diligence.
       ``(2) Extension of period.--Upon submission of a request 
     prior to the expiration of the period described in paragraph 
     (1)(A), the Secretary may extend such period if the qualified 
     issuer establishes that the failure to satisfy the 5-year 
     requirement is due to reasonable cause and the related 
     projects will continue to proceed with due diligence.
       ``(3) Failure to spend required amount of bond proceeds 
     within 5 years.--To the extent that less than 100 percent of 
     the available project proceeds of such issue are expended by 
     the close of the 5-year period beginning on the date of 
     issuance (or if an extension has been obtained under 
     paragraph (2), by the close of the extended period), the 
     qualified issuer shall redeem all of the nonqualified bonds 
     within 90 days after the end of such period. For purposes of 
     this paragraph, the amount of the nonqualified bonds required 
     to be redeemed shall be determined in the same manner as 
     under section 142.
       ``(d) Cooperative Electric Company; Qualified Energy Tax 
     Credit Bond Lender; Governmental Body; Qualified Borrower.--
     For purposes of this section--
       ``(1) Cooperative electric company.--The term `cooperative 
     electric company' means a mutual or cooperative electric 
     company described in section 501(c)(12) or section 
     1381(a)(2)(C), or a not-for-profit electric utility which has 
     received a loan or loan guarantee under the Rural 
     Electrification Act.
       ``(2) Clean energy bond lender.--The term `clean energy 
     bond lender' means a lender which is a cooperative which is 
     owned by, or has outstanding loans to, 100 or more 
     cooperative electric companies and is in existence on 
     February 1, 2002, and shall include any affiliated entity 
     which is controlled by such lender.
       ``(3) Public power entity.--The term `public power entity' 
     means a State utility with a service obligation, as such 
     terms are defined in section 217 of the Federal Power Act (as 
     in effect on the date of enactment of this paragraph).
       ``(4) Qualified issuer.--The term `qualified issuer' 
     means--
       ``(A) a clean energy bond lender;
       ``(B) a cooperative electric company; or
       ``(C) a public power entity.
       ``(5) Qualified borrower.--The term `qualified borrower' 
     means--
       ``(A) a mutual or cooperative electric company described in 
     section 501(c)(12) or 1381(a)(2)(C); or
       ``(B) a public power entity.
       ``(e) Special Rules Relating to Pool Bonds.--No portion of 
     a pooled financing bond may be allocable to any loan unless 
     the borrower has entered into a written loan commitment for 
     such portion prior to the issue date of such issue.
       ``(f) Other Definitions and Special Rules.--For purposes of 
     this section--
       ``(1) Qualified clean coal project.--For purposes of this 
     section, the term `qualified clean coal project' means--
       ``(A) an atmospheric pollution control facility (within the 
     meaning of section 169(d)(5)(C));
       ``(B) a closed-loop biomass facility (within the meaning of 
     section 45(d)(2));
       ``(C) a qualified new clean coal power plant (within the 
     meaning of section 48C(d)(1));
       ``(D) qualifying carbon dioxide equipment described in 
     section 48D(c)(1); or
       ``(E) a qualified facility (within the meaning of section 
     450(c)).
       ``(2) Pooled financing bond.--The term `pooled financing 
     bond' shall have the meaning given such term by section 
     149(f)(4)(A).
       ``(g) Termination.--This section shall not apply with 
     respect to any bond issued after December 31, 2018.''.
       (b) Conforming Amendments.--
       (1) Paragraph (1) of section 54A(d) of the Internal Revenue 
     Code of 1986 is amended to read as follows:
       ``(1) Qualified tax credit bond.--The term `qualified tax 
     credit bond' means--
       ``(A) a qualified forestry conservation bond, or
       ``(B) a clean energy coal bond,

     which is part of an issue that meets requirements of 
     paragraphs (2), (3), (4), (5), and (6).''.
       (2) Subparagraph (C) of section 54A(d)(2) of such Code is 
     amended to read as follows:
       ``(C) Qualified purpose.--For purposes of this paragraph, 
     the term `qualified purpose' means--
       ``(i) in the case of a qualified forestry conservation 
     bond, a purpose specified in section 54B(e), and
       ``(ii) in the case of a clean energy coal bond, a purpose 
     specified in section 54C(f)(1).''.
       (c) Clerical Amendment.--The table of sections for subpart 
     I of part IV of subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new item:

``Sec. 54C. Clean energy coal bonds.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to bonds issued after December 31, 2008.
                                 ______
                                 
  SA 4957. Mr. ENZI submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XVII, add the following:

Subtitle H--Requirement of Electric Utilities Relating to Increases in 
                  Electric Utility Bills of Consumers

     SEC. 1771. REQUIREMENT OF ELECTRIC UTILITIES.

       (a) Findings.--Congress finds that--
       (1) this Act will increase the cost of electricity paid by 
     consumers; and
       (2) consumers have a right to know the additional amounts 
     that this Act contributes to the electric utility bills of 
     the consumers.
       (b) Requirement.--Any electric utility that includes an 
     increase in the amount of the electric utility bill of a 
     consumer of the electric utility resulting from the 
     implementation of this Act shall include in the electric 
     utility bill of the consumer a clear and concise description 
     of each factor that resulted in the increase of the amount.
                                 ______
                                 
  SA 4958. Mr. VOINOVICH (for himself, Mr. Lugar, Mr. Inhofe, and Mr. 
Chambliss) submitted an amendment intended to be proposed by him to the 
bill S. 3036, to direct the Administrator of the Environmental 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 423, after line 25, insert the following:

     SEC. 1308. CERTIFICATION OF INTERNATIONAL COMPLIANCE.

       The emission limitations required by this Act for calendar 
     year 2012 shall not take effect until such date as the Senate 
     ratifies an international climate change agreement pursuant 
     to the Convention that--
       (1) covers, at a minimum, all economies as identified by 
     the Major Economies Process on Energy Security and Climate 
     Change who initially convened in Washington, DC, on September 
     27, 2007;
       (2) requires the enactment into law by each participating 
     country of a national program that requires and demonstrates 
     greenhouse gas emission reduction and enforcement mechanisms 
     comparable to the reduction requirements and enforcement 
     mechanisms of the United States;
       (3) requires each participating country to enforce a 
     program consistent with article 5 of the North American 
     agreement on environmental cooperation (with annexes), done 
     at Mexico, Washington, and Ottawa September 8, 9, 12, and 14, 
     1993, and entered into force on January 1, 1994;
       (4) establishes globally agreed-upon standards for the 
     measurement of greenhouse gas emissions and sinks; and
       (5) requires annual reporting of greenhouse gas emissions 
     based on the established standards.

[[Page 11730]]


                                 ______
                                 
  SA 4959. Mr. VOINOVICH submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environment Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 142, strike lines 14 through 19 and insert the 
     following:

     SEC. 432. PURPOSE.

       The purpose of the board established by section 431 is to 
     advance the purposes of this Act by--
       (1) assessing and certifying the extent to which technology 
     is available to achieve the emission reductions required by 
     this Act in accordance with section 436; and
       (2) subject to certification under that section, using the 
     funds made available to the board under titles VIII through 
     XI to accelerate the commercialization and diffusion of low- 
     and zero-carbon technologies and practices.
       Beginning on page 145, strike line 17 and all that follows 
     through page 147, line 14, and insert the following:

     SEC. 436. REQUIREMENTS.

       (a) Composition.--The board established by section 431 
     (referred to in this section as the ``board'') shall be 
     composed of--
       (1) the Director of the Office of Science and Technology 
     Policy, who shall serve as chairperson of the board;
       (2) the Secretary of Agriculture;
       (3) the Secretary of Commerce;
       (4) the Secretary of Energy; and
       (5) the Administrator.
       (b) Assessment; Certification.--
       (1) Assessment.--As soon as practicable after the date of 
     enactment of this Act, and not less frequently than once 
     every 2 years thereafter, the board shall assess, based on 
     the best available technology in the electric power, 
     industrial, and transportation sectors--
       (A) the extent to which technology is available to achieve 
     the emission reductions required by this Act, including an 
     assessment of technologies lagging in development or 
     widespread commercial deployment, or both;
       (B) the extent to which technology is cost-effective in 
     achieving the reductions required by this Act;
       (C) the impact of the use of technology on the public 
     health and the environment;
       (D) the impact of the use of technology on the energy 
     security of the United States; and
       (E) the impact of the use of the technology to achieve 
     emission reductions on job creation, the price and supply of 
     agricultural commodities, and rural economic development.
       (2) Report and certification.--On completion of each 
     assessment under paragraph (1), the board shall submit to 
     Congress--
       (A) a report describing the results of the assessment; and
       (B) if applicable, a certification that the technology 
     necessary to reduce emissions in accordance with the 
     requirements of this Act is available, cost-effective, and 
     environmentally sound for the electric power, industrial, and 
     transportation sectors.
       (3) Effect on emission limitations.--
       (A) Initial period.--No emission limitation established by 
     this Act shall apply until such date as the board submits the 
     initial certification required under paragraph (2)(B).
       (B) Subsequent periods.--No adjustment to an emission 
     limitation required by this Act shall apply until such date 
     as the board submits the certification required under 
     paragraph (2)(B) for the period during which the adjustment 
     is scheduled to occur.
       (c) National Research Council Reports.--The board may 
     request from the National Research Council such reports as 
     the board determines to be necessary and appropriate to 
     assist the board in carrying out this subtitle.
                                 ______
                                 
  SA 4960. Mr. VITTER (for himself and Mr. Craig) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environment Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

          TITLE XVIII--ENERGY NEEDED OFFSHORE UNDER GAS HIKES

     SEC. 1801. DEFINITIONS.

       In this title:
       (1) Eligible producing state.--The term ``eligible 
     producing State'' means--
       (A) a new producing State; and
       (B) any other producing State that has, within the offshore 
     administrative boundaries beyond the submerged land of a 
     State, areas available for oil leasing, natural gas leasing, 
     or both.
       (2) New producing area.--The term ``new producing area'' 
     means an area that is--
       (A) within the offshore administrative boundaries beyond 
     the submerged land of a State; and
       (B) not available for oil or natural gas leasing as of the 
     date of enactment of this Act.
       (3) New producing state.--The term ``new producing State'' 
     means a State with respect to which a petition has been 
     approved by the Secretary under section 3(a).
       (4) Qualified revenues.--The term ``qualified revenues'' 
     means all rentals, royalties, bonus bids, and other sums due 
     and payable to the United States from leases entered into on 
     or after the date of enactment of this Act for new producing 
     areas.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1802. OIL AND NATURAL GAS LEASING IN NEW PRODUCING 
                   AREAS.

       (a) Petition for Leasing New Producing Areas.--
       (1) In general.--Notwithstanding any other provision of 
     law, during any period in which the price per gallon of 
     regular gasoline is equal to or greater than $5, the Governor 
     of a State, with the concurrence of the State legislature, 
     may submit to the Secretary a petition requesting that the 
     Secretary make a new producing area of the State eligible for 
     oil leasing, gas leasing, or both, as determined by the 
     State, in accordance with the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1331 et seq.) and the Mineral Leasing Act (30 
     U.S.C. 181 et seq.).
       (2) Natural gas leasing only.--The Governor of a State, 
     with the concurrence of the State legislature, may, in a 
     petition submitted under paragraph (1), make a request to 
     allow natural gas leasing only.
       (3) Action by secretary.--As soon as practicable after the 
     date on which the Secretary receives a petition under 
     paragraph (1), the Secretary shall approve or disapprove the 
     petition.
       (b) Disposition of Qualified Outer Continental Shelf 
     Revenues From Eligible Producing States.--Notwithstanding 
     section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1338), for each applicable fiscal year, the Secretary of the 
     Treasury shall deposit--
       (1) 25 percent of qualified revenues in the general fund of 
     the Treasury; and
       (2) 75 percent of qualified revenues in a special account 
     in the Treasury, from which the Secretary shall disburse--
       (A) 37.5 percent to eligible producing States for new 
     producing areas, to be allocated in accordance with 
     subsection (c)(1);
       (B) 12.5 percent to provide financial assistance to States 
     in accordance with section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8);
       (C) 5 percent to small business development centers to 
     provide--
       (i) technical assistance to small businesses relating to 
     beginning operation; or
       (ii) ongoing counseling;
       (D) 5 percent to carry out programs under the Adam Walsh 
     Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et 
     seq.);
       (E) 5 percent to provide assistance under the low-income 
     home energy assistance program established under the Low-
     Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et 
     seq.);
       (F) 2.5 percent to provide assistance under the Maternal 
     and Child Health Block Grant under title V of the Social 
     Security Act (42 U.S.C. 701 et seq.);
       (G) 2.5 percent to States for historic offshore production 
     distribution; and
       (H) 5 percent of qualified revenues to the Highway Trust 
     Fund.
       (c) Allocation to Eligible Producing States.--
       (1) In general.--The amount made available under subsection 
     (b)(2)(A) shall be allocated to eligible producing States in 
     amounts (based on a formula established by the Secretary by 
     regulation) that are inversely proportional to the respective 
     distances between the point on the coastline of each eligible 
     producing State that is closest to the geographic center of 
     the applicable leased tract and the geographic center of the 
     leased tract, as determined by the Secretary.
       (2) Use.--Amounts allocated to an eligible producing State 
     under paragraph (1) shall be used to address the impacts of 
     any oil and natural gas exploration and production activities 
     under this title.
       (d) Effect.--Nothing in this title affects--
       (1) the amount of funds otherwise dedicated to the land and 
     water conservation fund established under section 2 of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     5); or
       (2) any authority that permits energy production under any 
     other provision of law.
                                 ______
                                 
  SA 4961. Mr. VITTER (for himself and Mr. Craig, and Mr. Voinovich) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

          TITLE XVIII--ENERGY NEEDED OFFSHORE UNDER GAS HIKES

     SEC. 1801. DEFINITIONS.

       In this title:
       (1) Eligible producing state.--The term ``eligible 
     producing State'' means--
       (A) a new producing State; and

[[Page 11731]]

       (B) any other producing State that has, within the offshore 
     administrative boundaries beyond the submerged land of a 
     State, areas available for oil leasing, natural gas leasing, 
     or both.
       (2) New producing area.--The term ``new producing area'' 
     means an area that is--
       (A) within the offshore administrative boundaries beyond 
     the submerged land of a State; and
       (B) not available for oil or natural gas leasing as of the 
     date of enactment of this Act.
       (3) New producing state.--The term ``new producing State'' 
     means a State with respect to which a petition has been 
     approved by the Secretary under section 3(a).
       (4) Qualified revenues.--The term ``qualified revenues'' 
     means all rentals, royalties, bonus bids, and other sums due 
     and payable to the United States from leases entered into on 
     or after the date of enactment of this Act for new producing 
     areas.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 1802. OIL AND NATURAL GAS LEASING IN NEW PRODUCING 
                   AREAS.

       (a) Determination by Secretary.--Not later than 1 year 
     after the date of enactment of this Act, and annually 
     thereafter, the Secretary shall determine whether, as a 
     result of the requirements of this Act, the national average 
     residential natural gas price has increased during the period 
     beginning on the date of enactment of this Act and ending on 
     the date on which the determination is made.
       (b) Petition for Leasing New Producing Areas.--
       (1) In general.--Notwithstanding any other provision of 
     law, if the Secretary determines that an increase in the 
     national average residential natural gas price has occurred, 
     the Governor of a State, with the concurrence of the State 
     legislature, may submit to the Secretary a petition 
     requesting that the Secretary make a new producing area of 
     the State eligible for natural gas leasing in accordance with 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et 
     seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.).
       (2) Natural gas leasing only.--The Governor of a State, 
     with the concurrence of the State legislature, may, in a 
     petition submitted under paragraph (1), make a request to 
     allow natural gas leasing only.
       (3) Action by secretary.--As soon as practicable after the 
     date on which the Secretary receives a petition under 
     paragraph (1), the Secretary shall approve or disapprove the 
     petition.
       (c) Disposition of Qualified Outer Continental Shelf 
     Revenues From Eligible Producing States.--Notwithstanding 
     section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 
     1338), for each applicable fiscal year, the Secretary of the 
     Treasury shall deposit--
       (1) 25 percent of qualified revenues in the general fund of 
     the Treasury; and
       (2) 75 percent of qualified revenues in a special account 
     in the Treasury, from which the Secretary shall disburse--
       (A) 37.5 percent to eligible producing States for new 
     producing areas, to be allocated in accordance with 
     subsection (d)(1);
       (B) 12.5 percent to provide financial assistance to States 
     in accordance with section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8);
       (C) 5 percent to small business development centers to 
     provide--
       (i) technical assistance to small businesses relating to 
     beginning operation; or
       (ii) ongoing counseling;
       (D) 5 percent to carry out programs under the Adam Walsh 
     Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et 
     seq.);
       (E) 5 percent to provide assistance under the low-income 
     home energy assistance program established under the Low-
     Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et 
     seq.);
       (F) 2.5 percent to provide assistance under the Maternal 
     and Child Health Block Grant under title V of the Social 
     Security Act (42 U.S.C. 701 et seq.);
       (G) 2.5 percent to States for historic offshore production 
     distribution; and
       (H) 5 percent of qualified revenues to the Highway Trust 
     Fund.
       (d) Allocation to Eligible Producing States.--
       (1) In general.--The amount made available under subsection 
     (c)(2)(A) shall be allocated to eligible producing States in 
     amounts (based on a formula established by the Secretary by 
     regulation) that are inversely proportional to the respective 
     distances between the point on the coastline of each eligible 
     producing State that is closest to the geographic center of 
     the applicable leased tract and the geographic center of the 
     leased tract, as determined by the Secretary.
       (2) Use.--Amounts allocated to an eligible producing State 
     under paragraph (1) shall be used to address the impacts of 
     any oil and natural gas exploration and production activities 
     under this title.
       (e) Effect.--Nothing in this title affects--
       (1) the amount of funds otherwise dedicated to the land and 
     water conservation fund established under section 2 of the 
     Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     5); or
       (2) any authority that permits energy production under any 
     other provision of law.
                                 ______
                                 
  SA 4962. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the Environment 
Protection Agency to establish a program to decrease emissions of 
greenhouse gases, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title V, add the following:

                  Subtitle J--Protection From Job Loss

     SEC. 591. PROTECTION FROM JOB LOSS.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the Secretary 
     of Labor shall submit to the Administrator and Congress a 
     report describing whether more than 5,000 employees in 
     manufacturing-related jobs in natural gas-intensive sectors 
     (such as the fertilizer, cement, and pharmaceutical sectors) 
     of the United States would be displaced during the following 
     calendar year as a result of the implementation of this Act.
       (b) Adjustment of Allowances.--If a report under subsection 
     (a) indicates that more than 5,000 employees in 
     manufacturing-related jobs in natural gas-intensive sectors 
     (such as the fertilizer, cement, and pharmaceutical sectors) 
     of the United States would be displaced during the following 
     calendar year as a result of the implementation of this Act, 
     the Administrator, in consultation with the Secretary of 
     Labor, shall increase the quantity of emission allowances 
     provided under this Act for that calendar year, as the 
     Secretary of Labor determines to be appropriate, to ensure 
     that not more than 5,000 employees in manufacturing-related 
     jobs in natural gas-intensive sectors (such as the 
     fertilizer, cement, and pharmaceutical sectors) of the United 
     States would be so displaced.
                                 ______
                                 
  SA 4963. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 9, strike line 1 and all that follows 
     through page 16, line 16.
       On page 17, strike lines 4 through 23.
       Beginning on page 18, strike line 4 and all that follows 
     through page 19, line 7.
       On page 19, strike lines 11 through 16.
       Beginning on page 19, strike line 24 and all that follows 
     through page 23, line 8.
       Beginning on page 23, strike line 12 and all that follows 
     through page 26, line 16.
       On page 27, strike lines 1 through 23.
       Beginning on page 28, strike line 3 and all that follows 
     through page 29, line 4.
       Beginning on page 29, strike line 8 and all that follows 
     through page 30, line 19.
       On page 31, strike lines 5 through 18.
       On page 38, strike lines 14 through 18.
       On page 41, strike lines 4 through 8.
       On page 43, strike lines 1 through 5.
       On page 52, strike lines 3 through 7.
       Beginning on page 63, strike line 8 and all that follows 
     through the end.
                                 ______
                                 
  SA 4964. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle D of title XI, add the following:

     SEC. 11__. SENSE OF SENATE ON ASSISTING CONSUMERS WITH 
                   GASOLINE AND DIESEL PRICES.

       (a) Findings.--Congress finds that--
       (1) consumers are paying more than $2.50 more for a gallon 
     of gasoline or diesel than they paid just 7 years ago, in 
     January 2001, when gas averaged $1.37 per gallon and diesel 
     averaged $1.52 per gallon;
       (2) the 5 large integrated oil companies alone tripled 
     their profits during the period of 2001 through 2007, when 
     the profit of those companies increased from $39,000,000,000 
     to $116,000,000,000;
       (3) tax breaks for major integrated oil companies are worth 
     billions of dollars each year;
       (4) high energy prices are harming households, the economy, 
     and the competitiveness of the United States;
       (5) as of the date of enactment of this Act, millions of 
     onshore acres are under lease by the oil and natural gas 
     industry for exploration and drilling, but are not being used 
     for production;
       (6) as of the date of enactment of this Act, millions of 
     acres on the outer Continental Shelf are under lease by the 
     oil and natural gas industry, but are not producing;
       (7) the major integrated oil companies have failed to 
     invest an adequate amount of the $600,000,000,000 in net 
     profits the companies have collected during the past 7 years 
     on clean and affordable domestically produced renewable fuels 
     that can improve national security and reduce greenhouse gas 
     emissions;

[[Page 11732]]

       (8) according to Energy Information Administration 
     analyses, the economy-wide carbon cap and trade system under 
     this Act will spur the development of clean alternatives, and 
     average household gasoline spending will decrease by 2020 
     because of greater fuel efficiency and changes in the fuels 
     market;
       (9) even while the Energy Information Administration 
     projects that per-household spending on gasoline will 
     decrease, an increase of less than 2 cents per year per 
     gallon of fuel through 2030 would be attributable to the 
     implementation of this Act--compared to an increase of more 
     than 73 cents per gallon since last year at this time; and
       (10) the implementation of this Act will produce cost 
     savings through energy efficiency investments and provide 
     funds for tax relief for consumers.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) oil companies should be--
       (A) investing a significant percentage of their enormous 
     net profits in developing clean, affordable, and domestically 
     produced low-carbon alternatives to petroleum and other 
     finite resources; and
       (B) producing more oil and natural gas supplies from 
     existing available leases in environmentally appropriate 
     areas, using the best available and safest technologies;
       (2) Congress should suspend royalty relief for major oil 
     companies during times of high prices and use those revenues 
     to assist energy consumers;
       (3) Congress should eliminate tax breaks and loopholes for 
     major oil companies and use those revenues to assist energy 
     consumers;
       (4) the President should support legislation to make price 
     gouging a Federal crime; and
       (5) the Administration should take swift action to 
     implement existing statutory direction to limit energy market 
     manipulation, increase transparency, and protect consumers.
                                 ______
                                 
  SA 4965. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 459, strike lines 5 through 7 and insert the 
     following:

     SEC. 1404. DISBURSEMENTS FROM FUND.

       Except as provided in section 1780, no disbursement shall 
     be made from the Deficit Reduction Fund, except pursuant to 
     an appropriation Act.
       At the end of title XVII, add the following:

                  Subtitle H--Green Energy Production

     SEC. 1771. SHORT TITLE.

       This subtitle may be cited as the ``Green Energy Production 
     Act of 2008''.

     SEC. 1772. DEFINITIONS.

       In this subtitle:
       (1) Biomass.--The term ``biomass'' has the meaning given 
     the term ``renewable biomass'' in section 211(o)(1) of the 
     Clean Air Act (42 U.S.C. 7545(o)(1)).
       (2) Environmentally protective.--The term ``environmentally 
     protective'' means, with respect to technology, technology 
     that--
       (A) is most likely to result in the least impact to land, 
     forests, water quantity and quality, air quality, and 
     wildlife habitat; and
       (B) possesses the highest potential for long-term sustained 
     production of green energy.
       (3) Green energy.--
       (A) In general.--The term ``green energy'' has the meaning 
     given the term ``renewable energy''.
       (B) Inclusion.--The term ``green energy'' includes energy 
     derived from coal produced in a manner that--
       (i) sequesters carbon from carbon dioxide emissions at a 
     minimum 85 percent capture rate on an annual basis; and
       (ii) complies with section 1421(d) of the Safe Drinking 
     Water Act (42 U.S.C. 300h(d)).
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101 of the Higher Education Act of 1965 (20 
     U.S.C. 1001)).
       (5) Renewable energy.--The term ``renewable energy'' means 
     electric energy generated at a facility (including a 
     distributed generation facility) from solar, wind, fuel 
     cells, biomass, geothermal, ocean energy, or landfill gas.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (7) Target area.--The term ``target area'' means--
       (A) an area that has experienced a significant loss of 
     manufacturing employment;
       (B) an area with a large manufacturing capacity;
       (C) an area with an unemployment rate that is higher than 
     the national average unemployment rate; and
       (D) priority for an area that includes a brownfield site 
     (as defined in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601)).

     SEC. 1773. ESTABLISHMENT OF PROGRAM.

       The Secretary shall establish a green technology investment 
     program to develop high-tech green research capabilities, 
     promote green innovation and green energy investment, and 
     increase scientific knowledge that may reveal the basis for 
     new or enhanced products, equipment, or processes, in target 
     areas by--
       (1) assisting in the research and development of projects 
     that design, create, or formulate new or enhanced products, 
     equipment, or processes;
       (2) expanding and supporting world-class research 
     facilities;
       (3) supporting capital formation and the development of 
     innovative products; and
       (4) financing advanced manufacturing technologies to help 
     new and existing industries become more productive, more 
     environmentally protective, and carbon-neutral.

     SEC. 1774. GREEN TECHNOLOGY INVESTMENT CORPORATION.

       (a) Establishment.--
       (1) In general.--There is established in the Department of 
     Energy a corporation to be known as the ``Green Technology 
     Investment Corporation''.
       (2) Meetings.--The Corporation shall meet at least 4 times 
     during each fiscal year.
       (3) Rules for corporation business.--Not later than 1 year 
     after the date of enactment of this Act, the Corporation 
     shall establish rules for the conduct of business of the 
     Corporation.
       (4) Applicable authority.--The Corporation shall be subject 
     to--
       (A) subchapter II of chapter 5, and chapter 7, of title 5, 
     United States Code (commonly known as the ``Administrative 
     Procedure Act''); and
       (B) all other Federal law applicable to quasi-autonomous 
     agencies within the Department of Energy.
       (5) Administrative costs.--The Secretary shall--
       (A) be responsible for paying all administrative costs of 
     the Corporation; and
       (B) in conjunction with the Board of Directors of the 
     Corporation, take every reasonable action to reduce and 
     minimize administrative costs of carrying out this section 
     and the program.
       (b) Board of Directors.--
       (1) In general.--The Board of Directors of the Corporation 
     shall consist of 7 members, appointed by the President, by 
     and with the advice and consent of the Senate, who are--
       (A) leaders from industry, labor, academia, government, and 
     nongovernment organizations; and
       (B) selected based on having the necessary expertise--
       (i) to build world-class applied research capability;
       (ii) to assist entrepreneurial innovators in accelerating 
     formation and attraction of technology-based businesses;
       (iii) to create product innovation;
       (iv) to market the manufacturing competitiveness of the 
     United States;
       (v) to create domestic jobs and skills development 
     opportunities in emerging domestic markets; and
       (vi) to evaluate and advise on environmental sustainability 
     and climate change.
       (2) Chairperson.--The President shall appoint, by and with 
     the advice and consent of the Senate, 1 member of the Board 
     of Directors to serve as Chairperson
       (c) Term of Service.--
       (1) In general.--Each member of the Board of Directors 
     shall be appointed for a term of 5 years.
       (2) Additional terms.--The President may appoint, by and 
     with the advice and consent of the Senate, a member of the 
     Board to serve additional terms of service.
       (d) Responsibilities.--The Corporation shall allocate 
     funds, provide grants, and carry out programs under section 
     1776, for all phases of technology commercialization, in 
     accordance with this subtitle.

     SEC. 1775. GREEN TECHNOLOGY INVESTMENT FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund, to be known as the ``Green 
     Technology Investment Fund'' (referred to in this section as 
     the ``Fund''), consisting of such amounts as are appropriated 
     to the Fund under section 1780.
       (b) Expenditures From Fund.--
       (1) In general.--Subject to paragraph (2), on request by 
     the Corporation, the Secretary of the Treasury shall transfer 
     from the Fund to the Corporation such amounts as the 
     Corporation determines are necessary to provide grants, 
     loans, and other assistance, and otherwise carry out 
     programs, under this subtitle (other than section 1778).
       (2) Administrative expenses.--An amount not exceeding 10 
     percent of the amounts in the Fund shall be available for 
     each fiscal year to pay the administrative expenses necessary 
     to carry out this subtitle.
       (c) Transfers of Amounts.--
       (1) In general.--The amounts required to be transferred to 
     the Fund under this section shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (2) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in

[[Page 11733]]

     excess of or less than the amounts required to be 
     transferred.

     SEC. 1776. COMPONENT PROGRAMS.

       (a) Green Development Loans.--The Corporation shall 
     establish and carry out a loan program to carry out the 
     purposes described in section 1773 (including conducting, or 
     providing for the conduct of, scientific or technological 
     inquiry and experimentation in the physical sciences).
       (b) Green Markets Program.--The Corporation shall establish 
     and carry out a grant program--
       (1) to assist entities, including entities that are not 
     eligible for small business innovative research funding, to 
     receive grants to commercialize green energy products; and
       (2) to assist small and medium-sized businesses with 
     funding to acquire, renovate, or construct facilities or 
     purchase of equipment for--
       (A) research programs;
       (B) technology development;
       (C) product development; and
       (D) commercialization programs.
       (c) Green Redevelopment, Opportunity, and Workforce 
     Grants.--The Corporation shall establish and carry out a 
     grant program--
       (1) to assist small and medium-sized businesses in 
     accelerating new product development and commercialization of 
     technology products;
       (2) to assist small and medium-sized businesses in 
     capitalizing on early-stage investment, particularly those 
     businesses that provide evidence of a capability to meet a 
     green marketplace need;
       (3) to create and maintain jobs within the United States;
       (4) to assist local governments in improving infrastructure 
     for related businesses in accordance with this section;
       (5) to seek and develop innovative ways of assisting 
     businesses and communities in achieving the goals of this 
     subtitle;
       (6) to redeploy underused manufacturing capacity;
       (7) to capitalize on export opportunities;
       (8) to revitalize depressed manufacturing communities; and
       (9) to search for and develop innovative ways to design 
     environmentally protective technologies and best practices 
     and demonstrate commercial green energy production.
       (d) Green Energy Manufacturing Loans.--The Corporation 
     shall establish a program to encourage financial institutions 
     approved by the Corporation to make loans to for-profit or 
     nonprofit small businesses that are having difficulty 
     obtaining business loans through conventional underwriting 
     standards.
       (e) Green Energy Community Pilot Program.--
       (1) In general.--The Corporation shall establish a pilot 
     program under which the Corporation shall provide grants to 5 
     green energy communities designated by the Corporation to 
     assist the communities--
       (A) to establish models for green energy communities;
       (B) to reduce the traditional energy consumption of the 
     communities by using more green energy and reducing energy 
     consumption through innovative efficiency programs; and
       (C) to lower energy costs for consumers and local 
     government organizations.
       (2) Eligibility.--To be eligible for designation as a green 
     energy community under this subsection, a community shall be 
     a target area.
       (3) Duration.--
       (A) In general.--The Corporation shall make grants to green 
     energy communities designated under this subsection for a 
     term of 10 years.
       (B) Renewal.--Grants made to a green energy community under 
     this subsection may be renewed for additional 10-year terms 
     if the community continues to meet the eligibility 
     requirements of paragraph (2).
       (f) Green Energy Institution of Higher Education Pilot 
     Program.--
       (1) In general.--The Corporation shall establish a pilot 
     program under which the Corporation shall provide grants to 5 
     green energy institutions of higher education designated by 
     the Corporation to assist the institutions of higher 
     education--
       (A) to establish models for green energy institutions of 
     higher education;
       (B) to reduce the traditional energy consumption of the 
     institutions of higher education by using more green energy 
     and reducing energy consumption through innovative efficiency 
     programs; and
       (C) to lower energy costs for the institutions of higher 
     education and students.
       (2) Eligibility.--To be eligible for designation as a green 
     energy institution of higher education under this subsection, 
     an institution of higher education shall be located in a 
     target area.
       (3) Duration.--The Corporation shall make grants to green 
     energy institutions of higher education designated under this 
     subsection for a term of 10 years.
       (g) National Guard Base Green Energy Grant Pilot Program.--
       (1) In general.--The Corporation shall establish a pilot 
     program under which the Corporation shall provide grants to 5 
     States for green energy National Guard bases designated by 
     the Corporation to assist the National Guard bases in those 
     States--
       (A) to establish models for green energy National Guard 
     bases;
       (B) to reduce the traditional energy consumption of the 
     National Guard bases by using more green energy and reducing 
     energy consumption through innovative efficiency programs; 
     and
       (C) to lower energy costs for the National Guard and 
     States.
       (2) Eligibility.--To be eligible for designation as a green 
     energy National Guard base under this subsection, a National 
     Guard base shall be located in a target area.
       (3) Duration.--The Corporation shall make grants to green 
     energy National Guard bases designated under this subsection 
     for a term of 10 years.
       (h) Green Energy Technology Internship Program.--
       (1) In general.--The Corporation shall establish a green 
     energy technology internship program under which--
       (A) students and educators at colleges and universities in 
     the United States are paired with businesses of all sizes in 
     the United States; and
       (B) those businesses are encouraged--
       (i) to develop cutting-edge, high-tech skills in 
     participating students; and
       (ii) to ultimately offer full-time employment to those 
     students after graduation.
       (2) Goal.--The Corporation shall establish as a goal for 
     the green energy technology internship program the 
     reimbursement by the Corporation, of not more than the 
     greater of 50 percent or $5,000 of the wages paid to a 
     participating student or educator, on the condition that, in 
     the case of a participating student, the business strives for 
     the possibility of full-time employment of the student after 
     graduation.
       (3) Requirements.--The Corporation shall establish 
     requirements for participation in the green energy technology 
     internship program, including requirements relating to--
       (A) the eligibility of students, educators, and businesses 
     to participate in the program; and
       (B) application contents and procedures.
       (i) Green Energy Technology Apprenticeship Program.--
       (1) In general.--The Corporation shall establish a green 
     energy technology apprenticeship program under which--
       (A) apprentices and employers in the United States are 
     paired with businesses of all sizes in the United States; and
       (B) those businesses are encouraged--
       (i) to develop cutting-edge, high-tech skills in 
     participating students;
       (ii) to ultimately offer full-time employment to those 
     students after completion; and
       (iii) to work closely with organized labor.
       (2) Goal.--As a goal for the green energy technology 
     apprenticeship program, the Corporation shall, to the maximum 
     extent practicable, provide reimbursement for not more than 
     the higher of 50 percent or $5,000 of the wages paid to a 
     participating apprentice, if the business paired with the 
     apprentice agrees to make every effort to offer full-time 
     employment to the apprentice on the completion of the 
     apprenticeship.
       (3) Requirements.--The Corporation shall establish 
     requirements for participation in the green energy technology 
     apprenticeship program, including requirements relating to--
       (A) the eligibility of apprentices, organized labor, 
     trades, and businesses to participate in the program;
       (B) partnerships with organized labor apprenticeship 
     programs; and
       (C) application contents and procedures.

     SEC. 1777. CRITERIA FOR PROVISION OF GRANTS, LOANS, AND OTHER 
                   ASSISTANCE.

       (a) Eligible Projects.--
       (1) In general.--The Corporation shall provide grants, 
     loans, and other assistance in accordance with the programs 
     under section 1776 for projects that, as determined by the 
     Corporation--
       (A) offer the best technology, research, and 
     commercialization for the United States;
       (B) permit anticipation and action on market opportunities;
       (C) encourage industry involvement;
       (D) facilitate investment at the intersection of core 
     competency areas;
       (E) recruit world-class talent and high-growth companies;
       (F) create economic opportunity for target areas;
       (G) engage regional partners;
       (H) emphasize accountability and metrics;
       (I) upon completion, will serve as sites and facilities 
     primarily intended for commercial, industrial, or 
     manufacturing use; and
       (J) advance environmental protection.
       (2) Priority.--In carrying out paragraph (1), the 
     Corporation--
       (A) shall give priority to--
       (i) renewable energy, carbon-neutral projects; and
       (ii) projects that advance environmentally protective 
     goals, with a particular emphasis on best practices and 
     innovative technology that reduce negative impacts on a 
     commercial scale; and
       (B) may consider and give priority to the potential of a 
     project to develop or improve innovative, cutting-edge 
     technology for green energy projects that are carbon neutral.
       (b) Basis.--A grant, loan, or other assistance provided 
     under this subtitle--

[[Page 11734]]

       (1) shall be based on the best available technology, 
     research, and commercialization, with a focus on diversity of 
     green technologies; and
       (2) shall not be provided solely on a geographical basis.
       (c) Eligible Applicants.--The Corporation may provide a 
     grant, loan, or other assistance under this subtitle to--
       (1) a political subdivision or nonprofit economic 
     development organization;
       (2) a municipality, local government, community, or 
     institution of higher education (including a technical 
     educational institution); and
       (3) a private, for-profit entity, with the unanimous 
     approval by the Board of Directors of the Corporation.
       (d) Funds Allocated.--The Corporation shall determine the 
     maximum and minimum amount provided for each program and 
     program recipient under this subtitle in order to maximize 
     the purposes of this subtitle.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter, the 
     Corporation shall submit to Congress a report that describes 
     all activities of the Corporation carried out using funds 
     made available under this subtitle, including, for the year 
     covered by the report, a description of--
       (1) each grant, loan, or other award of assistance provided 
     under this subtitle; and
       (2) the reason for each grant, loan, or other award.

     SEC. 1778. ENERGY EFFICIENCY GRANTS.

       (a) In General.--The Secretary shall establish an energy 
     efficiency grant program under which the Secretary shall 
     provide grants to eligible recipients, on a dollar-for-dollar 
     matching basis, for implementing conservation programs that 
     are designed to reduce consumer energy use to the maximum 
     extent practicable.
       (b) Eligible Recipients.--Recipients that are eligible to 
     receive grants under this section include--
       (1) energy producers;
       (2) municipal power organizations; and
       (3) rural electric cooperatives.
       (c) Priority.--In making grants under this section, the 
     Secretary shall give priority to programs that are designed 
     to reduce consumer end-use of energy over programs that are 
     designed to reduce the consumer use of energy.
       (d) Reduction in Energy Uses.--In making grants under this 
     section, the Secretary shall allocate grants, and provide 
     minimum and maximum award criteria for the grants, in a 
     manner that maximizes the reduction in energy use.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $150,000,000 for 
     each of fiscal years 2009 through 2013.

     SEC. 1779. ADMINISTRATION.

       Notwithstanding any other provision of this subtitle, none 
     of the funds made available to carry out this subtitle may be 
     used to carry out any project, activity, or expense that is 
     not located within the United States.

     SEC. 1780. AUTHORIZATION OF APPROPRIATIONS.

       Of amounts deposited in the Deficit Reduction Fund under 
     section 1403, the Secretary of the Treasury shall transfer to 
     the Fund to carry out this subtitle (other than section 
     1778), to remain available until expended--
       (1) $1,000,000,000 for fiscal year 2009;
       (2) $5,000,000,000 for fiscal year 2010; and
       (3) $10,000,000,000 for each of fiscal years 2011 through 
     2013.
                                 ______
                                 
  SA 4966. Mr. BROWN (for himself, Ms. Stabenow, and Mr. Levin) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 183, strike line 15 and all that follows 
     through page 184, line 1, and insert the following:
       (b) Quantities of Emission Allowances Allocated.--The 
     quantity of emissions allowances allocated pursuant to 
     subsection (a) shall be represented by the following 
     percentages:


------------------------------------------------------------------------
                                                          Percentage for
                      Calendar year                        distribution
------------------------------------------------------------------------
2012-2021...............................................              15
2022....................................................              15
2023....................................................              15
2024....................................................              15
2025....................................................              15
2026....................................................              15
2027....................................................              15
2028....................................................              15
2029....................................................              15
2030....................................................             15.
------------------------------------------------------------------------

       (c) Conditional Phase-Out.--
       (1) In general.--If the President determines that, as a 
     result of international global warming agreements, the 
     problem of diversion of manufacturing from United States 
     facilities to facilities of foreign countries without 
     greenhouse gas regulation is mitigated sufficiently to 
     substantially reduce the competitive disadvantage of United 
     States manufacturers in domestic or international markets as 
     a result of this Act, the President shall provide to the 
     Administrator a notification of the determination.
       (2) Action by administrator.--On receipt of a notification 
     under paragraph (1), the Administrator, by regulation, 
     shall--
       (A) reduce the quantity of emission allowances provided 
     under this subtitle sufficient to reflect the reduced 
     competitive harm caused to energy-intensive manufactures as a 
     result of this Act; or
       (B) if the President determines that the competitive 
     disadvantage to United States manufacturing has been 
     eliminated, terminate allocations of emission allowances 
     under this subtitle.

     SEC. 542. DISTRIBUTION.

       On page 185, strike line 18 and insert the following:
       (b) Regulations.--
       (1) In general.--Not later than 2 years after the

       On page 185, after line 24, insert the following:
       (2) Requirements.--
       (A) Consideration of costs.--In establishing the system 
     under paragraph (1), the Administrator shall take into 
     consideration all categories of cost increases resulting from 
     the implementation of this Act, including--
       (i) cost increases relating to direct emissions (including 
     process emissions) and indirect emissions; and
       (ii) any increase in the cost of natural gas or any other 
     relatively carbon-efficient fuel as a result of fuel 
     substitution and related effects.
       (B) Categories of currently operating facilities.--For 
     purposes of subsection (d), the Administrator shall 
     establish, by regulation, appropriate categories of currently 
     operating facilities, including reasonable industry 
     subsectors within a category, as the Administrator determines 
     to be necessary to avoid inequitable distributions, taking 
     into account the existence of currently operating facilities 
     that--
       (i) qualify as energy-intensive facilities; but
       (ii) are affiliated with entities with substantially 
     different emission or energy-consumption profiles.
       (C) Allocations to individual facilities.--In establishing 
     the system under paragraph (1), to fully reflect year-to-year 
     changes in aggregate production levels, the Administrator 
     shall provide for an adjustment factor for allocations to 
     individual facilities under subsection (e) equal to the 
     product obtained by multiplying--
       (i) the quantity of emission allowances that would 
     otherwise be allocated to an individual facility under 
     subsection (e); and
       (ii) the ratio that--

       (I) the output from the individual facility during the 
     calendar year immediately preceding the year of the 
     distribution; bears to
       (II) the average output from all individual facility during 
     the 3-calendar year period ending on the date of enactment of 
     this Act.

       (D) Maximum quantity.--In establishing the system under 
     paragraph (1), the Administrator shall--
       (i) ensure that the total quantity of emission allowances 
     allocated to all facilities under this section for a calendar 
     year does not exceed a quantity sufficient to offset the 
     increases in costs of the facilities resulting from the 
     implementation of this Act; and
       (ii) if the Administrator determines that, for any calendar 
     year, the total quantity of emission allowances allocated to 
     all facilities under this section is less than or greater 
     than the quantity described in clause (i), adjust allocations 
     for subsequent calendar years appropriately, in accordance 
     with procedures to be established by the Administrator.

       Beginning on page 188, strike line 9 and all that follows 
     through page 189, line 3, and insert the following:
       (f) Transition to Intensity-Based Allocations.--
       (1) In general.--Not later than 2 year after the date of 
     enactment of this Act, the Administrator shall establish, by 
     regulation, a revised method of allocating emission 
     allowances under this subtitle to carbon-intensive 
     industries, in accordance with this subsection, based on 
     benchmarks for the emission efficiency or energy efficiency 
     of each manufacturing process used in an industry of a 
     facility that receives emission allowances under this 
     subtitle.
       (2) Phase-in schedule.--The revised method established 
     under paragraph (1) shall--
       (A) be implemented for calendar year 2017; and
       (B) be phased into use uniformly and appropriately to 
     ensure that the revised method is fully in effect for 
     calendar year 2030.
       (3) Total quantity of allowances.--The total quantity of 
     emission allowances to be distributed for each calendar year 
     shall be the quantity determined in accordance with section 
     541(b).
       (4) Manufacturing processes.--
       (A) Identification of processes.--The Administrator, in 
     consultation with affected industries, shall identify, by 
     regulation, each manufacturing process that will be subject 
     to the revised method established under this subsection, 
     including by examining and categorizing existing 
     manufacturing processes used by the affected industries.

[[Page 11735]]

       (B) Exemption.--The Administrator shall exempt from 
     identification under subparagraph (A) any process that--
       (i) is used by few facilities; or
       (ii) results in relatively small total production rate.
       (5) Benchmarks.--The Administrator shall establish 
     benchmarks for emission efficiency and energy efficiency for 
     purposes of this subsection--
       (A) based on the average efficiency of all facilities in 
     the United States in using a manufacturing process, such 
     that, on a graduated basis--
       (i) any facility with above-average efficiency receives 
     proportionately more emission allowances under this subtitle; 
     and
       (ii) any facility with below-average efficiency receives 
     proportionately fewer emission allowances under this 
     subtitle; and
       (B) in a manner that reflects factors under the control of 
     facilities, including by--
       (i) establishing a formula for conversion of kilowatt hours 
     to emissions produced, with respect to indirect emissions of 
     facilities; and
       (ii) priority given to energy efficiency, except in any 
     case in which energy efficiency and emission efficiency are 
     poorly correlated.
                                 ______
                                 
  SA 4967. Mr. BROWN (for himself, Mr. Levin, and Ms. Stabenow) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike the table that appears on page 217, after line 21, 
     and insert the following:


------------------------------------------------------------------------
                                                          Percent for
                                                        allocation among
                                                         States relying
                    Calendar year                          heavily on
                                                       manufacturing and
                                                              coal
------------------------------------------------------------------------
2012.................................................              6
2013.................................................              6
2014.................................................              6
2015.................................................              6
2016.................................................              6.25
2017.................................................              6.25
2018.................................................              6.25
2019.................................................              6.25
2020.................................................              6.25
2021.................................................              7.25
2022.................................................              7.25
2023.................................................              7.5
2024.................................................              7.5
2025.................................................              7.5
2026.................................................              7.5
2027.................................................              7.5
2028.................................................              7.5
2029.................................................              7.5
2030.................................................              7.5
2031.................................................              8
2032.................................................              8
2033.................................................              8
2034.................................................              8
2035.................................................              8
2036.................................................              8
2037.................................................              8
2038.................................................              8
2039.................................................              8
2040.................................................              8
2041.................................................              8
2042.................................................              8
2043.................................................              8
2044.................................................              8
2045.................................................              8
2046.................................................              8
2047.................................................              8
2048.................................................              8
2049.................................................              8
2050.................................................              8.
------------------------------------------------------------------------


       Beginning on page 218, strike line 4 and all that follows 
     through page 219, line 9, and insert the following:
       (1) Manufacturing.--
       (A) In general.--Except as provided in subparagraph (B), 
     for each calendar year \1/2\ of the quantity of emission 
     allowances shall be distributed among the States based on the 
     proportion that--
       (i) the average annual per-capita employment in 
     manufacturing in a State during the period beginning on 
     January 1, 1988, and ending on December 31, 1992, as 
     determined by the Secretary of Labor; bears to
       (ii) the average annual per-capita employment in 
     manufacturing in all States during the period beginning on 
     January 1, 1988, and ending on December 31, 1992, as 
     determined by the Secretary of Labor.
       (B) Exception.--
       (i) Definition of qualifying state.--In this subparagraph, 
     the term ``qualifying State'' means a State in which the 
     ratio that the manufacturing-related gross State product 
     bears to the total gross State product exceeds 0.15.
       (ii) Allocation to qualifying states.--Notwithstanding 
     subparagraph (A), the emission allowances available for 
     allocation to a qualifying State under subsection (a) for a 
     calendar year shall be a quantity equal to the product 
     obtained by multiplying--

       (I) the annual per-capital employment in manufacturing in 
     the qualifying State during the period beginning on January 
     1, 1998, and ending on December 31, 1992, as determined by 
     the Secretary of Labor; and
       (II) 2.

       (2) Coal.--For each calendar year, \1/2\ of the quantity

       Strike the table that appears on page 241, after line 21, 
     and insert the following:


------------------------------------------------------------------------
                                                         Percentage for
                                                        State leaders in
                                                            reducing
                    Calendar Year                        greenhouse gas
                                                         emissions and
                                                        improving energy
                                                           efficiency
------------------------------------------------------------------------
2012.................................................              1
2013.................................................              1
2014.................................................              1
2015.................................................              1
2016.................................................              1.25
2017.................................................              1.25
2018.................................................              1.55
2019.................................................              1.75
2020.................................................              2
2021.................................................              1
2022.................................................              2
2023.................................................              2.25
2024.................................................              2.5
2025.................................................              2.75
2026.................................................              3
2027.................................................              3.25
2028.................................................              3.5
2029.................................................              3.75
2030.................................................              4
2031.................................................              5
2032.................................................              6
2033.................................................              6
2034.................................................              6
2035.................................................              6
2036.................................................              6
2037.................................................              6
2038.................................................              6
2039.................................................              6
2040.................................................              6
2041.................................................              6
2042.................................................              6
2043.................................................              6
2044.................................................              6
2045.................................................              6
2046.................................................              6
2047.................................................              6
2048.................................................              6
2049.................................................              6
2050.................................................              6.
------------------------------------------------------------------------

                                 ______
                                 
  SA 4968. Mr. BROWN (for himself and Mr. Warner) submitted an 
amendment intended to be proposed by him to the bill S. 3036, to direct 
the Administrator of the Environmental Protection Agency to establish a 
program to decrease emissions of greenhouse gases, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title V, add the following:

                  Subtitle J--Economic Diversification

     SEC. 591. ECONOMIC DIVERSIFICATION INITIATIVE.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a fund, to be known as the 
     ``Economic Diversification Fund''.
       (b) Auctions.--
       (1) In general.--For each of calendar years 2012 through 
     2050, the Administrator shall auction, in accordance with 
     paragraph (2), 1 percent of the emission allowances 
     established pursuant to section 201(a) for the calendar year 
     to raise funds for deposit in the Economic Diversification 
     Fund.
       (2) Number; frequency.--For each calendar year during the 
     period described in paragraph (1), the Administrator shall--
       (A) conduct not fewer than 4 auctions; and
       (B) schedule the auctions in a manner to ensure that--
       (i) each auction takes place during the period beginning 
     330 days before, and ending 60 days before, the beginning of 
     each calendar year; and
       (ii) the interval between each auction is of equal 
     duration.
       (3) Deposit of proceeds.--The Administrator shall deposit 
     all proceeds of auctions conducted pursuant to this 
     subsection in the Economic Diversification Fund, immediately 
     on receipt of the proceeds.
       (c) Transfer.--On request of the Secretary of Energy, the 
     Secretary of the Treasury shall transfer to the Secretary of 
     Energy such amounts in the Economic Diversification Fund as 
     are necessary to carry out subsection (d).

[[Page 11736]]

       (d) Use of Funds.--The Secretary of Energy, acting through 
     the Office of Fossil Energy, shall use amounts in the 
     Economic Diversification Fund to establish a program under 
     which the Secretary shall provide financial and technical 
     assistance to communities to create local community reuse 
     organizations that will, to the maximum extent practicable--
       (1) assist communities in transitioning from dependence on 
     carbon extraction industries to industries that provide 
     greater long-term economic stability;
       (2) design and implement community plans projects to assist 
     the transition to a low carbon economy and alleviate any 
     impact on industries and area economies; and
       (3) improve infrastructure, business development 
     activities, and workforce training programs throughout 
     affected regions.
       Strike the table that appears on page 458, after line 5, 
     and insert the following:


------------------------------------------------------------------------
                                                             Percentage
                                                            for auction
                      Calendar year                         for Deficit
                                                             Reduction
                                                                Fund
------------------------------------------------------------------------
2012.....................................................          4.75
2013.....................................................          4.75
2014.....................................................          4.75
2015.....................................................          5.50
2016.....................................................          5.75
2017.....................................................          5.75
2018.....................................................          6.25
2019.....................................................          6
2020.....................................................          7
2021.....................................................          8.5
2022.....................................................          7.75
2023.....................................................          8.75
2024.....................................................          9.75
2025.....................................................          9.75
2026.....................................................         11.75
2027.....................................................         11.75
2028.....................................................         11.75
2029.....................................................         12.75
2030.....................................................         12.75
2031.....................................................         18.75
2032.....................................................         16.75
2033.....................................................         16.75
2034.....................................................         15.75
2035.....................................................         15.75
2036.....................................................         15.75
2037.....................................................         15.75
2038.....................................................         15.75
2039.....................................................         15.75
2040.....................................................         15.75
2041.....................................................         15.75
2042.....................................................         15.75
2043.....................................................         15.75
2044.....................................................         15.75
2045.....................................................         15.75
2046.....................................................         15.75
2047.....................................................         15.75
2048.....................................................         15.75
2049.....................................................         15.75
2050.....................................................         15.75.
------------------------------------------------------------------------

                                 ______
                                 
  SA 4969. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Insert where appropriate the following:

                   TITLE __--PROHIBITION ON EARMARKS

     SEC. _01. PROHIBITION ON EARMARKS.

       (a) In General.--It shall not be in order to consider a 
     bill, resolution, amendment, or conference report that 
     proposes an earmark of funds provided or made available by 
     this Act.
       (b) Definition.--In this section, the term ``earmark'' 
     means a provision or report language included primarily at 
     the request of a Senator or a Member of the House of 
     Representatives providing, authorizing, or recommending a 
     specific amount of discretionary budget authority, credit 
     authority, or other spending authority for a contract, loan, 
     loan guarantee, grant, loan authority, or other expenditure 
     with or to an entity, or targeted to a specific State, 
     locality, or Congressional district, other than through a 
     statutory or administrative formula-driven or competitive 
     award process.
       (c) Supermajority Waiver and Appeal.--This section may be 
     waived or suspended in the Senate only by an affirmative vote 
     of \3/5\ of the Members, duly chosen and sworn. An 
     affirmative vote of \3/5\ of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
       (d) Prohibition on Extra Legislative Earmarks.--None of the 
     funds provided or made available by this Act shall be 
     committed, obligated, or expended at the request of Members 
     of Congress or their staff through oral or written 
     communication for projects, programs, or grants to an entity, 
     or targeted to a specific State, locality or Congressional 
     district, other than through a statutory or administrative 
     formula-driven or competitive award process.
                                 ______
                                 
  SA 4970. Mr. DeMINT (for himself, Mr. InHofe, and Mr. Craig) 
submitted an amendment intended to be proposed by him to the bill S. 
3036, to direct the Administrator of the Environmental Protection 
Agency to establish a program to decrease emissions of greenhouse 
gases, and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. NONAPPLICABILITY.

       (a) In General.--Notwithstanding any other provision of 
     this Act, during the period beginning on the date on which 
     the Administrator makes a determination described in 
     subsection (b) and ending on the date described in subsection 
     (c), the number of emission allowances established by the 
     Administrator for a calendar year shall be not less than the 
     number of emission allowances established under section 
     201(a) for the calendar year in which the determination is 
     made.
       (b) Description of Determination.--A determination referred 
     to in subsection (a) is a determination that, during an 
     applicable calendar year, new nuclear power plants in the 
     United States have commenced operation with a cumulative 
     capacity equal to less than the applicable cumulative 
     capacity (expressed in gigawatts electric) specified in the 
     following table:

Calendar year                                                  Gigawatts
                                                             electricity
  2016..................................................               3
  2017..................................................               6
  2018..................................................               9
  2019..................................................              12
 


Calendar year                                                  Gigawatts
                                                             electricity
  2020..................................................              15
  2021..................................................              18
  2022..................................................              21
  2023..................................................              24
  2024..................................................              27
  2025..................................................              30
  2026..................................................              33
  2027..................................................              36
  2028..................................................              39
  2029..................................................              42
  2030..................................................             45.
 

       (c) Ending Date.--The ending date referred to in subsection 
     (a) is the date on which the Administrator determines that a 
     sufficient quantity of new nuclear power plants have 
     commenced operation to ensure a cumulative capacity equal to 
     or greater than the cumulative capacity specified for the 
     applicable calendar year under subsection (b).
       (d) Bimonthly Reports.--During the period described in 
     subsection (a), the Administrator shall submit to the 
     Committee on Environment and Public Works of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives bimonthly reports containing--
       (1) the projected date on which a sufficient quantity of 
     new nuclear power plants will commence operation to ensure a 
     cumulative capacity equal to or greater than the cumulative 
     capacity specified for the applicable calendar year under 
     subsection (b); and
       (2) recommendations of the Administrator, if any, regarding 
     measures to achieve the cumulative capacity described in 
     paragraph (1).
                                 ______
                                 
  SA 4971. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title XXVII, add the following:

                       Subtitle H--Effective Date

     SEC. 1771. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall not take 
     effect until the President certifies to Congress that the 
     Governments of China and India have enacted mandates on the 
     emissions of greenhouse gases that are comparable to the 
     mandates contained in this Act.
                                 ______
                                 
  SA 4972. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       Insert where appropriate the following:

                   TITLE __--PROHIBITION ON EARMARKS

     SEC. _01. PROHIBITION ON EARMARKS.

       (a) In General.--It shall not be in order to consider a 
     bill, resolution, amendment, or conference report that 
     proposes an earmark of funds provided or made available by 
     this Act.
       (b) Definition.--In this section, the term ``earmark'' 
     means a provision or report language included primarily at 
     the request of a

[[Page 11737]]

     Senator or a Member of the House of Representatives 
     providing, authorizing, or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality, or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process.
       (c) Supermajority Waiver and Appeal.--This section may be 
     waived or suspended in the Senate only by an affirmative vote 
     of \3/5\ of the Members, duly chosen and sworn. An 
     affirmative vote of \3/5\ of the Members of the Senate, duly 
     chosen and sworn, shall be required in the Senate to sustain 
     an appeal of the ruling of the Chair on a point of order 
     raised under this section.
                                 ______
                                 
  SA 4973. Mr. ROBERTS submitted an amendment intended to be proposed 
by him to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of subtitle C of title XVII, add the following:

     SEC. 1724. AGRICULTURAL PRODUCTION COSTS STUDY.

       (a) In General.--Not later than January 1 and July 1 of 
     each year, the Secretary of Agriculture shall submit to the 
     Administrator a report on the effects of this Act on the 
     commodity cost of agricultural production.
       (b) Requirements.--The report shall include, at a minimum--
       (1) the impact of natural gas prices on the cost and 
     production of nitrogen-based fertilizer;
       (2) the impact of natural gas prices on other agricultural 
     uses of natural gas;
       (3) the impact of energy prices on the operation of 
     irrigation pumps, livestock confinement, grain drying, and 
     other agricultural activities; and
       (c) Recommendation.--Based on the severity of the effects 
     described in the report, the Secretary shall make a 
     recommendation as to whether the Administrator should waive 
     any or all of the requirements of this Act as the 
     requirements apply to agricultural activity or producers of 
     agricultural supplies.
       (d) Action by Administration.--
       (1) In general.--After reviewing a report submitted under 
     this section, the Administrator may waive for a 1-year period 
     any or all of the requirements of this Act as the 
     requirements apply to agricultural activity or to producers 
     of agricultural supplies if the effects described in the 
     report justify the waiver in the determination of the 
     Administrator.
       (2) Publication.--The Administrator shall--
       (A) publish any determination under paragraph (1) as an 
     interim final action in the Federal Register; and
       (B) provide at least 30 days for public comment prior to 
     the determination becoming final agency action.
       (3) Extension.--
       (A) In general.--At any time, subject to subparagraph (B) 
     and based on the effects described in a subsequent report 
     issued under this section, the Administrator may extend the 
     duration of a waiver under paragraph (1).
       (B) Limitation.--The length of each extension under this 
     paragraph may not exceed 1 year.
                                 ______
                                 
  SA 4974. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:
       The following provisions of this bill shall have no force 
     and effect:
       Beginning on page 9, line 1 and all that follows through 
     page 16, line 16.
       On page 17, lines 4 through 23.
       Beginning on page 18, line 4 and all that follows through 
     page 19, line 7.
       On page 19, lines 11 through 16.
       Beginning on page 19, line 24 and all that follows through 
     page 23, line 8.
       Beginning on page 23, line 12 and all that follows through 
     page 26, line 16.
       On page 27, lines 1 through 23.
       Beginning on page 28, line 3 and all that follows through 
     page 29, line 4.
       Beginning on page 29, line 8 and all that follows through 
     page 30, line 19.
       On page 31, lines 5 through 18.
       On page 38, lines 14 through 18.
       On page 41, lines 4 through 8.
       On page 43, lines 1 through 5.
       On page 52, lines 3 through 7.
       Beginning on page 63, line 8 and all that follows through 
     the end.
                                 ______
                                 
  SA 4975. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 3036, to direct the Administrator of the 
Environmental Protection Agency to establish a program to decrease 
emissions of greenhouse gases, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end, add the following:
       The following provisions of this bill shall have no force 
     and effect:
       Sections 2 and 3.
       Paragraph (3) of section 4.
       Paragraphs (5) through (8) of section 4.
       Paragraph (10) of section 4.
       Paragraphs (12) through (18) of section 4.
       Paragraphs (20) through (29) of section 4.
       Paragraphs (31) through (33) of section 4.
       Paragraphs (35) through (39) of section 4.
       Paragraphs (41) through (46) of section 4.
       Paragraphs (49) through (51) of section 4.
       Subsection (f) of section 111.
       Subsection (f) of section 112.
       Subsection (d) of section 113.
       Subsection (g) of section 114.
       Title II and all that follows through the end of the bill.

                          ____________________