[Congressional Record (Bound Edition), Volume 162 (2016), Part 1]
[Senate]
[Pages 1443-1446]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3291. Mr. CASSIDY (for himself, Ms. Murkowski, Mr. Warner, Mr. 
Scott, Mr. Kaine, Mr. Tillis, Mr. Sullivan, and Mr. Vitter) submitted 
an amendment intended to be proposed to amendment SA 2953 proposed by 
Ms. Murkowski to the bill S. 2012, to provide for the modernization of 
the energy policy of the United States, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 3105. OIL AND GAS.

       (a) Disposition of Outer Continental Shelf Revenues to Gulf 
     Producing States.--Section 105(f) of the Gulf of Mexico 
     Energy Security Act of 2006 (43 U.S.C. 1331 note; Public Law 
     109-432) is amended by striking paragraph (1) and inserting 
     the following:
       ``(1) In general.--Subject to paragraph (2), the total 
     amount of qualified outer Continental Shelf revenues 
     described in section 102(9)(A)(ii) that are made available 
     under subsection (a)(2) shall not exceed--
       ``(A) for each of fiscal years 2017 through 2026, 
     $500,000,000;
       ``(B) for each of fiscal years 2027 through 2031, 
     $999,000,000; and
       ``(C) for each of fiscal years 2032 through 2055, 
     $500,000,000.''.
       (b) Distribution of Revenue to Alaska.--Section 9 of the 
     Outer Continental Shelf Lands Act (43 U.S.C. 1338) is 
     amended--
       (1) by striking ``All rentals,'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsections (b) 
     and (c), all rentals,''; and
       (2) by adding at the end the following:
       ``(b) Distribution of Revenue to Alaska.--
       ``(1) Definitions.--In this subsection:
       ``(A) Coastal political subdivision.--The term `coastal 
     political subdivision' means a county-equivalent or municipal 
     subdivision of the State--
       ``(i) all or part of which lies within the coastal zone of 
     the State (as defined in section 304 of the Coastal Zone 
     Management Act of 1972 (16 U.S.C. 1453)); and
       ``(ii)(I) the closest coastal point of which is not more 
     than 200 nautical miles from the geographical center of any 
     leased tract in the Alaska outer Continental Shelf region; or
       ``(II)(aa) the closest point of which is more than 200 
     nautical miles from the geographical center of a leased tract 
     in the Alaska outer Continental Shelf region; and
       ``(bb) that is determined by the State to be a significant 
     staging area for oil and gas servicing, supply vessels, 
     operations, suppliers, or workers.
       ``(B) Qualified revenues.--
       ``(i) In general.--The term `qualified revenues' means all 
     revenues derived from all rentals, royalties, bonus bids, and 
     other sums due and payable to the United States from energy 
     development in the Alaska outer Continental Shelf region.
       ``(ii) Exclusions.--The term `qualified revenues' does not 
     include revenues generated from leases subject to section 
     8(g).
       ``(C) State.--The term `State' means the State of Alaska.
       ``(2) Fiscal years 2027-2031.--For each of fiscal years 
     2027 through 2031, the Secretary shall deposit--
       ``(A) 62.5 percent of qualified revenues in the general 
     fund of the Treasury, of which 12.5 percent shall be 
     allocated to the Tribal Resilience Fund established by 
     section 3105(e) of the Energy Policy Modernization Act of 
     2016;
       ``(B) 28 percent of qualified revenues in a special account 
     in the Treasury, to be distributed by the Secretary to the 
     State;
       ``(C) 7.5 percent of qualified revenues in a special 
     account in the Treasury, to be distributed by the Secretary 
     to coastal political subdivisions; and
       ``(D) 2 percent of qualified revenues in the general 
     account of the Denali Commission.
       ``(3) Allocation among coastal political subdivisions.--Of 
     the amount paid by the Secretary to coastal political 
     subdivisions under paragraph (2)(C)--
       ``(A) 90 percent shall be allocated in amounts (based on a 
     formula established by the Secretary by regulation) that are 
     inversely proportional to the respective distances between 
     the point in each coastal political subdivision that is 
     closest to the geographic center of the applicable leased 
     tract and not more than 200 miles from the geographic center 
     of the leased tract; and
       ``(B) 10 percent shall be divided equally among each 
     coastal political subdivision that--
       ``(i) is more than 200 nautical miles from the geographic 
     center of a leased tract; and
       ``(ii) the State of Alaska determines to be a significant 
     staging area for oil and gas servicing, supply vessels, 
     operations, suppliers, or workers.
       ``(4) Timing.--The amounts required to be deposited under 
     paragraph (2) for the applicable fiscal year shall be made 
     available in accordance with that paragraph during the fiscal 
     year immediately following the applicable fiscal year.
       ``(5) Administration.--Amounts made available under 
     paragraph (2) 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 any 
     other provision of law.''.
       (c) Disposition of Revenues to Atlantic States.--Section 9 
     of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) (as 
     amended by subsection (b)) is amended by adding at the end 
     the following:
       ``(c) Distribution of Revenue to Atlantic States.--
       ``(1) Definitions.--In this subsection:
       ``(A) Atlantic state.--The term `Atlantic State' means any 
     of the following States, which are adjacent to the South 
     Atlantic planning area:
       ``(i) Georgia.
       ``(ii) North Carolina.
       ``(iii) South Carolina.
       ``(iv) Virginia.
       ``(B) Qualified revenues.--
       ``(i) In general.--The term `qualified revenues' means all 
     revenues derived from all rentals, royalties, bonus bids, and 
     other sums due and payable to the United States from energy 
     development in the Atlantic planning region.
       ``(ii) Exclusions.--The term `qualified revenues' does not 
     include revenues generated from leases subject to section 
     8(g).
       ``(C) South atlantic planning area.--The term `South 
     Atlantic planning area' means the area of the outer 
     Continental Shelf (as defined in section 2 of the Outer 
     Continental Shelf Lands Act (43 U.S.C. 1331)) that is located 
     between the northern lateral seaward administrative boundary 
     of the Commonwealth of Virginia and the southernmost lateral 
     seaward administrative boundary of the State of Georgia.
       ``(2) Deposit.--For each of fiscal years 2027 through 2031, 
     the Secretary shall deposit--
       ``(A) 62.5 percent of any qualified revenues in the general 
     fund of the Treasury, of which 12.5 percent shall be split 
     equally among, and allocated to, or deposited in, as 
     applicable--
       ``(i) programs for energy efficiency, renewable energy, and 
     nuclear energy at the Department of Energy;
       ``(ii) the National Park Service Critical Maintenance and 
     Revitalization Conservation Fund established by section 
     104908 of title 54, United States Code, for use in accordance 
     with subsection (d) of that section; and
       ``(iii) the Secretary of Transportation to administer and 
     award TIGER discretionary grants; and
       ``(B) 37.5 percent of any qualified revenues in a special 
     account in the Treasury from which the Secretary shall 
     disburse amounts to the Atlantic States in accordance with 
     paragraph (3).
       ``(3) Allocation to states.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     effective for fiscal year 2027 and each fiscal year 
     thereafter, the Secretary of the Treasury shall allocate the 
     qualified revenues described in paragraph (2)(B) to each 
     Atlantic State in amounts (based on a formula established by 
     the Secretary, by regulation) that are inversely proportional 
     to the respective distances between--
       ``(i) the point on the coastline of each Atlantic State 
     that is closest to the geographical center of the applicable 
     leased tract; and
       ``(ii) the geographical center of that leased tract.
       ``(B) Minimum allocation.--The amount allocated to an 
     Atlantic State for each fiscal

[[Page 1444]]

     year under subparagraph (A) shall be not less than 10 percent 
     of the amounts available under paragraph (2)(B).
       ``(C) State allocation.--Of the amounts received by a State 
     under subparagraph (A), the Atlantic State may use, at the 
     discretion of the Governor of the State--
       ``(i) 10 percent--

       ``(I) to enhance State land and water conservation efforts;
       ``(II) to improve State public transportation projects;
       ``(III) to establish alternative, renewable, and clean 
     energy production and generation within each State; and
       ``(IV) to enhance beach nourishment and costal dredging; 
     and

       ``(ii) 2.5 percent to enhance geological and geophysical 
     education for the energy future of the United States.
       ``(4) Timing.--The amounts required to be deposited under 
     paragraph (2) for the applicable fiscal year shall be made 
     available in accordance with that paragraph during the fiscal 
     year immediately following the applicable fiscal year.''.
       (d) Tribal Resilience Program.--
       (1) Definition of indian tribe.--In this subsection, 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).
       (2) Establishment.--The Secretary shall establish a 
     program--
       (A) to improve the resilience of Indian tribes to the 
     effects of a changing climate;
       (B) to support Native American leaders in building strong, 
     resilient communities; and
       (C) to ensure the development of modern, cost-effective 
     infrastructure.
       (3) Grants.--Subject to the availability of appropriations 
     and amounts in the Tribal Resilience Fund established by 
     subsection (e)(1), in carrying out the program described in 
     paragraph (2), the Secretary shall make adaptation grants, in 
     amounts not to exceed $200,000,000 total per fiscal year, to 
     Indian tribes for eligible activities described in paragraph 
     (4).
       (4) Eligible activities.--An Indian tribe receiving a grant 
     under paragraph (3) may only use grant funds for 1 or more of 
     the following eligible activities:
       (A) Development and delivery of adaptation training.
       (B) Adaptation planning, vulnerability assessments, 
     emergency preparedness planning, and monitoring.
       (C) Capacity building through travel support for training, 
     technical sessions, and cooperative management forums.
       (D) Travel support for participation in ocean and coastal 
     planning.
       (E) Development of science-based information and tools to 
     enable adaptive resource management and the ability to plan 
     for resilience.
       (F) Relocation of villages or other communities 
     experiencing or susceptible to coastal or river erosion.
       (G) Construction of infrastructure to support emergency 
     evacuations.
       (H) Restoration or repair of infrastructure damaged by 
     melting permafrost or coastal or river erosion.
       (I) Installation and management of energy systems that 
     reduce energy costs and greenhouse gas emissions compared to 
     the energy systems in use before that installation and 
     management.
       (J) Construction and maintenance of social or cultural 
     infrastructure that the Secretary determines supports 
     resilience.
       (5) Applications.--An Indian tribe desiring an adaptation 
     grant under paragraph (3) shall submit to the Secretary an 
     application at such time, in such manner, and containing such 
     information as the Secretary may require, including a 
     description of the eligible activities to be undertaken using 
     the grant.
       (6) Capital projects.--Of amounts made available to carry 
     out this program, not less than 90 percent shall be used for 
     the engineering, design, and construction or implementation 
     of capital projects.
       (7) Interagency cooperation.--The Secretary and the 
     Administrator of the Environmental Protection Agency shall 
     establish under the White House Council on Native American 
     Affairs an interagency subgroup on tribal resilience--
       (A) to work with Indian tribes to collect and share data 
     and information, including traditional ecological knowledge, 
     about how the effects of a changing climate are relevant to 
     Indian tribes and Alaska Natives; and
       (B) to identify opportunities for the Federal Government to 
     improve collaboration and assist with adaptation and 
     mitigation efforts that promote resilience.
       (8) Tribal resilience liaison.--The Secretary shall 
     establish a tribal resilience liaison--
       (A) to coordinate with Indian tribes and relevant Federal 
     agencies; and
       (B) to help ensure tribal engagement in climate 
     conversations at the Federal level.
       (e) Tribal Resilience Fund.--
       (1) Establishment.--There is established in the Treasury a 
     fund, to be known as the ``Tribal Resilience Fund'' (referred 
     to in this subsection as the ``Fund'').
       (2) Deposits.--The Fund shall consist of the following:
       (A) Amounts made available through an appropriation Act for 
     deposit in the Fund.
       (B) Amounts deposited into the Fund under subsection 
     (b)(2)(A) of section 9 of the Outer Continental Shelf Lands 
     Act (43 U.S.C. 1338) (as added by subsection (b)(2)).
       (3) Authorization of appropriations.--
       (A) In general.--In addition to the amounts estimated by 
     the Secretary to be deposited in the Fund under paragraph 
     (2), there are authorized to be appropriated annually to the 
     Fund out of any money in the Treasury not otherwise 
     appropriated such amounts as are necessary to make the income 
     of the Fund not more than $200,000,000 for fiscal year 2027 
     and each fiscal year thereafter.
       (B) Availability of deposits.--
       (i) In general.--Amounts deposited in the Fund under this 
     paragraph shall remain available until expended, without 
     fiscal year limitation.
       (ii) Use.--Amounts deposited in the Fund under this 
     paragraph and made available for obligation or expenditure 
     from the Fund may be obligated or expended only to carry out 
     the Tribal Resilience Program under subsection (d).
       (f) Effect.--Nothing in this section or an amendment made 
     by this section opens for leasing any area on the outer 
     Continental Shelf that is subject to a moratorium under 
     section 104 of the Gulf of Mexico Energy Security Act of 2006 
     (43 U.S.C. 1331 note; Public Law 109-432).
                                 ______
                                 
  SA 3292. Mr. REID (for Mrs. Shaheen) submitted an amendment intended 
to be proposed to amendment SA 2953 proposed by Ms. Murkowski to the 
bill S. 2012, to provide for the modernization of the energy policy of 
the United States, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title II, add the following:

         Subtitle F--Heat Efficiency Through Applied Technology

     SEC. 2501. SHORT TITLE.

       This subtitle may be cited as the ``Heat Efficiency through 
     Applied Technology Act'' or the ``HEAT Act''.

     SEC. 2502. FINDINGS.

       Congress finds that--
       (1) combined heat and power technology, also known as 
     cogeneration, is a technology that efficiently produces 
     electricity and thermal energy at the point of use of the 
     technology;
       (2) by combining the provision of both electricity and 
     thermal energy in a single step, combined heat and power 
     technology makes significantly more-efficient use of fuel, as 
     compared to separate generation of heat and power, which has 
     significant economic and environmental advantages;
       (3) waste heat to power is a technology that captures heat 
     discarded by an existing industrial process and uses that 
     heat to generate power with no additional fuel and no 
     incremental emissions, reducing the need for electricity from 
     other sources and the grid, and any associated emissions;
       (4) waste heat or waste heat to power is considered 
     renewable energy in 17 States;
       (5)(A) a 2012 joint report by the Department of Energy and 
     the Environmental Protection Agency estimated that by 
     achieving the national goal outlined in Executive Order 13624 
     (77 Fed. Reg. 54779) (September 5, 2012) of deploying 40 
     gigawatts of new combined heat and power technology by 2020, 
     the United States would increase the total combined heat and 
     power capacity of the United States by 50 percent in less 
     than a decade; and
       (B) additional efficiency would--
       (i) save 1,000,000,000,000,000 BTUs of energy; and
       (ii) reduce emissions by 150,000,000 metric tons of carbon 
     dioxide annually, a quantity equivalent to the emissions from 
     more than 25,000,000 cars;
       (6) a 2012 report by the Environmental Protection Agency 
     estimated the amount of waste heat available at a temperature 
     high enough for power generation from industrial and 
     nonindustrial applications represents an additional 10 
     gigawatts of electric generating capacity on a national 
     basis;
       (7) distributed energy generation, including through 
     combined heat and power technology and waste heat to power 
     technology, has ancillary benefits, such as--
       (A) removing load from the electricity distribution grid; 
     and
       (B) improving the overall reliability of the electricity 
     distribution system; and
       (8)(A) a number of regulatory barriers impede broad 
     deployment of combined heat and power technology and waste 
     heat to power technology; and
       (B) a 2008 study by Oak Ridge National Laboratory 
     identified interconnection issues, regulated fees and 
     tariffs, and environmental permitting as areas that could be 
     streamlined with respect to the provision of combined heat 
     and power technology and waste heat to power technology.

     SEC. 2503. UPDATING OUTPUT-BASED EMISSIONS STANDARDS.

       (a) Definitions.--In this section:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Combined heat and power technology.--The term 
     ``combined heat and

[[Page 1445]]

     power technology'' means the generation of electric energy 
     and heat in a single, integrated system that meets the 
     efficiency criteria in clauses (ii) and (iii) of section 
     48(c)(3)(A) of the Internal Revenue Code of 1986, under which 
     heat that is conventionally rejected is recovered and used to 
     meet thermal energy requirements.
       (3) Output-based emission standard.--The term ``output-
     based emission standard'' means a standard that relates 
     emissions to the electrical, thermal, or mechanical 
     productive output of a device or process rather than the heat 
     input of fuel burned or pollutant concentration in the 
     exhaust.
       (4) Qualified waste heat resource.--
       (A) In general.--The term ``qualified waste heat resource'' 
     means--
       (i) exhaust heat or flared gas from any industrial process;
       (ii) waste gas or industrial tail gas that would otherwise 
     be flared, incinerated, or vented;
       (iii) a pressure drop in any gas for an industrial or 
     commercial process; or
       (iv) any other form of waste heat resource as the Secretary 
     may determine.
       (B) Exclusion.--The term ``qualified waste heat resource'' 
     does not include a heat resource from a process the primary 
     purpose of which is the generation of electricity using a 
     fossil fuel.
       (5) State.--The term ``State'' has the meaning given that 
     term in section 302 of the Clean Air Act (42 U.S.C. 7602).
       (6) Waste heat to power technology.--The term ``waste heat 
     to power technology'' means a system that generates 
     electricity through the recovery of a qualified waste heat 
     resource.
       (b) Establishment of Program.--The Administrator shall 
     establish a program under which the Administrator shall 
     provide to each State that elects to participate and that 
     submits an application under subsection (c) a grant for use 
     by the State in accordance with subsection (d).
       (c) Application.--To be eligible to receive a grant under 
     this section, a State shall submit to the Administrator an 
     application at such time, in such manner, and containing such 
     information as the Administrator may require.
       (d) Use of Funds.--
       (1) In general.--A State shall use a grant provided under 
     this section--
       (A) to update any applicable State or local air permitting 
     regulations under this subtitle to incorporate environmental 
     regulations relating to output-based emissions in accordance 
     with relevant guidelines developed by the Administrator under 
     paragraph (2); or
       (B) if the State has already updated all applicable State 
     and local permitting regulations to incorporate those output-
     based emissions environmental regulations, to expedite the 
     processing of relevant power generation permit applications 
     under this subtitle.
       (2) Guidelines.--As soon as practicable after the date of 
     enactment of this Act, the Administrator shall publish 
     guidelines for updating State and local permitting 
     regulations under this subtitle that--
       (A) provide credit, in the calculation of the emission rate 
     of the facility, for any thermal energy produced by combined 
     heat and power technology or waste heat to power technology; 
     and
       (B) apply only to generation units that produce 5 megawatts 
     of electrical energy or less.
       (e) Maximum Amount.--The amount of a grant provided under 
     this section shall not exceed $100,000.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Administrator to carry out this 
     section $5,000,000.

     SEC. 2504. UPDATED INTERCONNECTION PROCEDURES AND TARIFF 
                   SCHEDULE; SUPPLEMENTAL, BACKUP, AND STANDBY 
                   POWER FEES OR RATES.

       Section 205(a) of the Federal Power Act (16 U.S.C. 824d(a)) 
     is amended--
       (1) by striking ``(a) All rates'' and inserting the 
     following:
       ``(a) Rates and Charges.--
       ``(1) In general.--All rates''; and
       (2) by adding at the end the following:
       ``(2) Establishment of certain guidance and standards.--
       ``(A) Definitions.--In this paragraph:
       ``(i) Nonregulated electric utility.--The term 
     `nonregulated electric utility' means any electric utility 
     other than a State-regulated electric utility.
       ``(ii) State regulatory authority.--The term `State 
     regulatory authority' means--

       ``(I) any State agency that has ratemaking authority with 
     respect to the sale of electric energy by any electric 
     utility (other than the State agency); and
       ``(II) in the case of an electric utility with respect to 
     which the Tennessee Valley Authority has ratemaking 
     authority, the Tennessee Valley Authority.

       ``(iii) Secretary.--The term `Secretary' means the 
     Secretary of Energy.
       ``(iv) Other terms.--The terms `combined heat and power 
     technology' and `waste heat to power technology' have the 
     meanings given those terms in section 2503(a) of the Heat 
     Efficiency through Applied Technology Act.
       ``(B) Guidance and standards.--
       ``(i) Establishment.--Not later than 1 year after the date 
     of enactment of this paragraph, the Secretary, in 
     consultation with the Commission and other appropriate 
     agencies, shall establish--

       ``(I) for generation with nameplate capacity up to 20 
     megawatts using all fuels--

       ``(aa) guidance for technical interconnection standards 
     that ensure interoperability with existing Federal 
     interconnection rules;
       ``(bb) model interconnection procedures, including 
     appropriate fast-track procedures; and
       ``(cc) model rules for determining and assigning 
     interconnection costs; and

       ``(II) model rules and procedures for determining fees or 
     rates for supplementary power, backup or standby power, 
     maintenance power, and interruptible power supplied to 
     facilities that operate combined heat and power technology 
     and waste heat to power technology that appropriately allow 
     for adequate cost recovery by an electric utility but are not 
     excessive.

       ``(ii) Requirement.--The standards established under clause 
     (i)(I) shall reflect, to the maximum extent practicable, 
     current best practices (as demonstrated in model codes and 
     rules adopted by States) to encourage the use of distributed 
     generation (such as combined heat and power technology and 
     waste heat to power technology) while ensuring the safety and 
     reliability of the interconnected units and the distribution 
     and transmission networks to which the units connect.
       ``(iii) Factors for consideration.--In establishing model 
     standards, rules, and procedures under clause (i), the 
     Secretary shall take into consideration--

       ``(I) for the model standards established under clause 
     (i)(I), the appropriateness of using standards or procedures 
     that vary based on unit size, fuel type, or other relevant 
     characteristics; and
       ``(II) for the model rules and procedures established under 
     clause (i)(II)--

       ``(aa) the best practices that are used to model outage 
     assumptions and contingencies to determine the fees or rates;
       ``(bb) the appropriate duration, magnitude, or usage of 
     demand charge ratchets;
       ``(cc) the benefits to the utility and ratepayers, such as 
     increased reliability, fuel diversification, enhanced power 
     quality, and reduced electric losses from the use of combined 
     heat and power technology and waste heat to power technology 
     by a qualifying facility; and
       ``(dd) alternative arrangements to the purchase of 
     supplementary, backup, or standby power by the owner of 
     combined heat and power technology and waste heat to power 
     technology generating units if the alternative arrangements 
     do not compromise system reliability and are nondiscretionary 
     and nonpreferential.
       ``(C) Determination by states and utilities.--
       ``(i) In general.--Not later than 90 days after the date on 
     which the Secretary completes the standards required under 
     subparagraph (B), each State regulatory authority (with 
     respect to each electric utility for which it has ratemaking 
     authority) and each nonregulated electric utility shall--

       ``(I)(aa) take into consideration each standard established 
     by subparagraph (B); and
       ``(bb) make a determination concerning whether it is 
     appropriate to implement that standard; or
       ``(II) set a hearing date for consideration under subclause 
     (I).

       ``(ii) Procedural requirements.--

       ``(I) Consideration.--The consideration under clause (i) 
     shall be made after public notice and hearing.
       ``(II) Determination.--A determination under clause 
     (i)(I)(bb) shall be made--

       ``(aa) in writing;
       ``(bb) based on findings included in the determination and 
     evidence presented at an applicable hearing; and
       ``(cc) available to the public.
       ``(iii) Deadline for compliance.--Not later than 2 years 
     after the date on which the Secretary completes the standards 
     required under subparagraph (B), each State regulatory 
     authority (with respect to each electric utility for which 
     the authority has ratemaking authority) and each nonregulated 
     electric utility shall--

       ``(I) complete the consideration under clause (i);
       ``(II) make the determination referred to in clause 
     (i)(I)(bb) with respect to each standard established under 
     subparagraph (B); and
       ``(III) submit to the Secretary and the Commission a report 
     describing the updated plans of the State regulatory 
     authority regarding, as applicable--

       ``(aa) interconnection procedures and tariff schedules that 
     reflect best practices to encourage the use of distributed 
     generation; or
       ``(bb) supplemental, backup, and standby power fees that 
     reflect best practices to encourage the use of distributed 
     generation.
       ``(iv) Effect of paragraph.--Nothing in this paragraph 
     prohibits any State regulatory authority or nonregulated 
     electric utility from making a determination pursuant to this 
     subparagraph that it is not appropriate to implement a 
     standard or any other applicable State law.

[[Page 1446]]

       ``(D) Implementation.--
       ``(i) In general.--The State regulatory authority (with 
     respect to each electric utility for which the authority has 
     ratemaking authority) or nonregulated electric utility, to 
     the extent consistent with otherwise applicable State law, 
     may--

       ``(I) implement any standard determined under subparagraph 
     (C) to be appropriate; or
       ``(II) decline to implement any such standard.

       ``(ii) Decision not to implement.--If a State regulatory 
     authority (with respect to each electric utility for which 
     the authority has ratemaking authority) or nonregulated 
     electric utility declines to implement a standard pursuant to 
     clause (i)(II), the authority or nonregulated electric 
     utility shall publish a notice describing the reasons for 
     that decision.
       ``(iii) Prior state actions.--Clause (ii) and subparagraph 
     (C)(ii) shall not apply to a standard established under 
     subparagraph (B) in the case of any electric utility in a 
     State if, before the date of enactment of this paragraph--

       ``(I) the State has implemented for the electric utility 
     the standard (or a comparable standard);
       ``(II) the State regulatory authority for the State, or the 
     relevant nonregulated electric utility, has conducted a 
     proceeding after December 31, 2013, to consider 
     implementation of the standard (or a comparable standard) for 
     the electric utility; or
       ``(III) the State legislature has voted on the 
     implementation of the standard (or a comparable standard) for 
     the electric utility.''.

                                 ______
                                 
  SA 3293. Mr. PERDUE submitted an amendment intended to be proposed by 
him to the bill H.R. 757, to improve the enforcement of sanctions 
against the Government of North Korea, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 106. SEMIANNUAL REPORT ON IRAN AND NORTH KOREA NUCLEAR 
                   COOPERATION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     President, in coordination with the Secretary of Defense, the 
     Secretary of State, and the heads of other relevant agencies, 
     shall submit to the appropriate committees of Congress a 
     report on nuclear cooperation between the Government of Iran 
     and the Government of the Democratic People's Republic of 
     North Korea, including the identity of Iranian and North 
     Korean persons that have knowingly engaged in or directed the 
     provision of material support or the exchange of information 
     between the Government of Iran and the Government of the 
     Democratic People's Republic of North Korea on their 
     respective nuclear programs.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.
                                 ______
                                 
  SA 3294. Mr. PERDUE submitted an amendment intended to be proposed by 
him to the bill H.R. 757, to improve the enforcement of sanctions 
against the Government of North Korea, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title I, add the following:

     SEC. 106. SEMIANNUAL REPORT ON IRAN AND NORTH KOREA NUCLEAR 
                   AND BALLISTIC MISSILE COOPERATION.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 180 days thereafter, the 
     President, in coordination with the Secretary of Defense, the 
     Secretary of State, and the heads of other relevant agencies, 
     shall submit to the appropriate committees of Congress a 
     report on nuclear and ballistic missile cooperation between 
     the Government of Iran and the Government of the Democratic 
     People's Republic of North Korea, including the identity of 
     Iranian and North Korean persons that have knowingly engaged 
     in or directed the provision of material support or the 
     exchange of information between the Government of Iran and 
     the Government of the Democratic People's Republic of North 
     Korea on their respective nuclear programs.
       (b) Form.--The report required under subsection (a) shall 
     be submitted in unclassified form, but may contain a 
     classified annex.
       (c) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--
       (1) the Committee on Foreign Relations, the Committee on 
     Armed Services, and the Select Committee on Intelligence of 
     the Senate; and
       (2) the Committee on Foreign Affairs, the Committee on 
     Armed Services, and the Permanent Select Committee on 
     Intelligence of the House of Representatives.

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