I 

112TH CONGRESS 

1ST SESSION H. R. 1861 

To greatly enhance America’s path toward energy independence and economic 

and national security, to conserve energy use, to promote innovation, 

to achieve lower emissions, cleaner air, cleaner water, and cleaner land, 

to rebuild our Nation’s aging roads, bridges, locks, and dams, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2011 

Mr. MURPHY of Pennsylvania (for himself, Mr. WALZ of Minnesota, Mr. SHUSTER, Mr. COSTA, Mr. PAULSEN, Mr. DONNELLY of Indiana, Mrs. 

CAPITO, Mr. STIVERS, Mr. CRITZ, Mr. MEEHAN, and Mr. BOSWELL) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Oversight and Government Reform, Energy and Commerce, Ways and Means, Science, 

Space, and Technology, Transportation and Infrastructure, the Budget, 

the Judiciary, Rules, and Education and the Workforce, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To greatly enhance America’s path toward energy independence and economic and national security, to conserve 

energy use, to promote innovation, to achieve lower emissions, cleaner air, cleaner water, and cleaner land, to 

rebuild our Nation’s aging roads, bridges, locks, and 

dams, and for other purposes. 


jlentini on DSK4TPTVN1PROD with BILLS
2 

•HR 1861 IH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘ 

5 Infrastructure Jobs and Energy Independence Act’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—OFFSHORE LEASING AND OTHER ENERGY PROVISIONS 

Subtitle A—Offshore Leasing 

Sec. 101. Leasing program considered approved. 

Sec. 102. Lease sales. 

Sec. 103. Seaward boundaries of states. 

Sec. 104. Military operations. 

Sec. 105. Coordination with adjacent states. 

Sec. 106. Gulf of Mexico oil and gas. 

Sec. 107. Sharing of revenues. 

Sec. 108. Inventory of offshore energy resources. 

Sec. 109. Prohibitions on surface occupancy and other Appropriate environmental safeguards. 

Subtitle B—Expedited Judicial Review 

Sec. 121. Definitions. 

Sec. 122. Exclusive jurisdiction over causes and claims relating to covered oil 

and natural gas activities. 

Sec. 123. Time for filing petition; standing. 

Sec. 124. Timetable. 

Sec. 125. Limitation on scope of review and relief. 

Sec. 126. Presidential waiver. 

Sec. 127. Legal fees. 

Sec. 128. Exclusion. 

Subtitle C—Other Energy Provisions 

Sec. 131. Elimination of restriction on energy alternatives and energy efficiency. 

Sec. 132. Policies regarding buying and building American. 

Sec. 133. Clean coal technology deployment grant and loan program. 

TITLE II—MODIFYING THE STRATEGIC PETROLEUM RESERVE 

AND FUNDING CONSERVATION AND ENERGY RESEARCH AND 

DEVELOPMENT 

Sec. 201. Findings. 

Sec. 202. Definitions. 


jlentini on DSK4TPTVN1PROD with BILLS
3 

•HR 1861 IH

Sec. 203. Objectives. 

Sec. 204. Modification of the strategic petroleum reserve. 

Sec. 205. Energy Independence and Security Fund. 

TITLE III—CLEANER ENERGY PRODUCTION AND ENERGY 

CONSERVATION INCENTIVES 

Sec. 301. Extension of renewable energy credit. 

Sec. 302. Extension of credit for energy efficient appliances. 

Sec. 303. Extension of credit for nonbusiness energy property. 

Sec. 304. Extension of credit for residential energy efficient property. 

Sec. 305. Extension of new energy efficient home credit. 

Sec. 306. Extension of energy efficient commercial buildings deduction. 

Sec. 307. Extension of energy credit. 

Sec. 308. Extension of credit for new clean renewable energy bonds. 

Sec. 309. Expensing of mechanical insulation property. 

TITLE IV—INCREASE DIVERSIFICATION AND EFFICIENCY OF 

AMERICA’S TRANSPORTATION AND ELECTRIC SYSTEM 

Subtitle A—Diversification of Fuel Source for America’s Short-Haul 

Transportation System 

Sec. 401. Minimum Federal fleet requirement. 

Sec. 402. Use of HOV facilities by light-duty, plug-in electric drive vehicles or 

new qualified alternative fuel motor vehicles. 

Sec. 403. Recharging infrastructure. 

Sec. 404. Loan guarantees for advanced battery purchases. 

Sec. 405. Study of end-of-useful-life options for motor vehicle batteries. 

Sec. 406. Study and demonstration electrification of postal fleet. 

Sec. 407. Study of development of common standards for PHEVs and EVs between the United States, Europe and Asia. 

Subtitle B—Incentives for Diversification of Transportation 

Sec. 420. Amendment of 1986 Code. 

Sec. 421. Extension and modification of credit for fuel cell, hybrid, lean burn, 

and alternative fuel vehicles. 

Sec. 422. Extension and expansion of credit for new qualified plug-in electric 

drive motor vehicles. 

Sec. 423. Extension of credit for certain plug-in electric vehicles. 

Sec. 424. Tax credit for most efficient vehicle in class. 

Sec. 425. Extension of credit and extension of temporary increase in credit for 

alternative fuel vehicle refueling property. 

Sec. 426. Modification of alternative fuel credit. 

Sec. 427. Extension of credits for biodiesel and renewable diesel. 

Subtitle C—Low-Carbon Diversification of Electric System 

Sec. 431. Innovative low-carbon loan guarantee program. 

Sec. 432. Ensuring revenues are sufficient for implementation of title IV. 


jlentini on DSK4TPTVN1PROD with BILLS
4 

•HR 1861 IH

1 TITLE I—OFFSHORE LEASING 

2 AND OTHER ENERGY PROVI3 SIONS 

4 Subtitle A—Offshore Leasing 

5 SEC. 101. LEASING PROGRAM CONSIDERED APPROVED. 

6 (a) IN GENERAL.—The Draft Proposed Outer Conti7 nental Shelf Oil and Gas Leasing Program 2010–2015 

8 issued by the Secretary of the Interior (referred to in this 

9 section as the ‘‘Secretary’’) under section 18 of the Outer 

10 Continental Shelf Lands Act (43 U.S.C. 1344) is consid11 ered to have been approved by the Secretary as a final 

12 oil and gas leasing program under that section, and is con13 sidered to be in full compliance with and in accordance 

14 with all requirements of the Outer Continental Shelf 

15 Lands Act. 

16 (b) FINAL ENVIRONMENTAL IMPACT STATEMENT.— 

17 The Secretary is considered to have issued a final environ18 mental impact statement for the program described in 

19 subsection (a) in accordance with all requirements under 

20 section 102(2)(C) of the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4332(2)(C)). 

22 (c) CORRECTION OF DATES.—The Secretary of the 

23 Interior shall update the dates and deadlines proscribed 

24 in the program described in subsection (a) to reflect the 


jlentini on DSK4TPTVN1PROD with BILLS
5 

•HR 1861 IH

1 time that has passed between the date the program was 

2 issued and the date of enactment of this Act. 

3 SEC. 102. LEASE SALES. 

4 (a) OUTER CONTINENTAL SHELF.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), not later than 30 days after the date of 

7 enactment of this Act and every 270 days thereafter, 

8 the Secretary of the Interior (referred to in this sec9 tion as the ‘‘Secretary’’) shall conduct a lease sale 

10 in each outer Continental Shelf planning area for 

11 which the Secretary determines that there is a com12 mercial interest in purchasing Federal oil and gas 

13 leases for production on the outer Continental Shelf. 

14 (2) SUBSEQUENT DETERMINATIONS AND

15 SALES.—If the Secretary determines that there is 

16 not a commercial interest in purchasing Federal oil 

17 and gas leases for production on the outer Conti18 nental Shelf in a planning area under this sub19 section, not later than 2 years after the date of en20 actment of the determination and every 2 years 

21 thereafter, the Secretary shall— 

22 (A) determine whether there is a commer23 cial interest in purchasing Federal oil and gas 

24 leases for production on the outer Continental 

25 Shelf in the planning area; and 


jlentini on DSK4TPTVN1PROD with BILLS
6 

•HR 1861 IH

1 (B) if the Secretary determines that there 

2 is a commercial interest described in subpara3 graph (A), conduct a lease sale in the planning 

4 area. 

5 (b) RENEWABLE ENERGY AND MARICULTURE.—The 

6 Secretary may conduct commercial lease sales of resources 

7 owned by United States— 

8 (1) to produce renewable energy (as defined in 

9 section 203(b) of the Energy Policy Act of 2005 (42 

10 U.S.C. 15852(b))); or 

11 (2) to cultivate marine organisms in the natural 

12 habitat of the organisms. 

13 SEC. 103. SEAWARD BOUNDARIES OF STATES. 

14 (a) SEAWARD BOUNDARIES.—Section 4 of the Sub15 merged Lands Act (43 U.S.C. 1312) is amended by strik16 ing ‘‘three geographical miles’’ each place it appears and 

17 inserting ‘‘9 nautical miles’’. 

18 (b) CONFORMING AMENDMENTS.—Section 2 of the 

19 Submerged Lands Act (43 U.S.C. 1301) is amended— 

20 (1) in subsection (a)(2), by striking ‘‘three geo21 graphical miles’’ and inserting ‘‘9 nautical miles’’; 

22 and 

23 (2) in subsection (b)— 

24 (A) by striking ‘‘three geographical miles’’ 

25 and inserting ‘‘9 nautical miles’’; and 


jlentini on DSK4TPTVN1PROD with BILLS
7 

•HR 1861 IH

1 (B) by striking ‘‘three marine leagues’’ and 

2 inserting ‘‘9 nautical miles’’. 

3 (c) EFFECT OF AMENDMENTS.— 

4 (1) IN GENERAL.—Subject to paragraphs (2) 

5 through (4), the amendments made by this section 

6 shall not effect Federal oil and gas mineral rights 

7 and should not effect the States’ current authority 

8 within existing State boundaries. 

9 (2) EXISTING LEASES.—The amendments made 

10 by this section shall not affect any Federal oil and 

11 gas lease in effect on the date of enactment of this 

12 Act. 

13 (3) TAXATION.— 

14 (A) IN GENERAL.—A State may exercise 

15 all of the sovereign powers of taxation of the 

16 State within the entire extent of the seaward 

17 boundaries of the State (as extended by the 

18 amendments made by this section). 

19 (B) LIMITATION.—Nothing in this para20 graph affects the authority of a State to tax 

21 any Federal oil and gas lease in effect on the 

22 date of enactment of this Act. 

23 SEC. 104. MILITARY OPERATIONS. 

24 The Secretary shall consult with the Secretary of De25 fense regarding military operations needs in the Outer 


jlentini on DSK4TPTVN1PROD with BILLS
8 

•HR 1861 IH

1 Continental Shelf. The Secretary shall work with the Sec2 retary of Defense to resolve any conflicts that might arise 

3 between such operations and leasing under this section. 

4 If the Secretaries are unable to resolve all such conflicts, 

5 any unresolved issues shall be referred by the Secretaries 

6 to the President in a timely fashion for immediate resolu7 tion. 

8 SEC. 105. COORDINATION WITH ADJACENT STATES. 

9 Section 19 of the Outer Continental Shelf Lands Act 

10 (43 U.S.C. 1345) is amended— 

11 (1) in subsection (a) in the first sentence by in12 serting ‘‘, for any tract located within the Adjacent 

13 State’s Adjacent Zone,’’ after ‘‘government’’; and 

14 (2) by adding the following: 

15 ‘‘(f)(1) Prior to issuing a permit or approval for the 

16 construction of a pipeline to transport crude oil, natural 

17 gas or associated liquids production withdrawn from oil 

18 and gas leases on the outer Continental Shelf, a Federal 

19 agency must seek the concurrence of the Adjacent State 

20 if the pipeline is to transit the Adjacent State’s Adjacent 

21 Zone between the outer Continental Shelf and landfall. No 

22 State may prohibit construction of such a pipeline within 

23 its Adjacent Zone or its State waters. However, an Adja24 cent State may require routing of such a pipeline to one 

25 of two alternate landfall locations in the Adjacent State, 


jlentini on DSK4TPTVN1PROD with BILLS
9 

•HR 1861 IH

1 designated by the Adjacent State, located within 60 miles 

2 on either side of a proposed landfall location. 

3 ‘‘(2) In this subsection: 

4 ‘‘(A) The term ‘Adjacent State’ means, with re5 spect to any program, plan, lease sale, leased tract 

6 or other activity, proposed, conducted, or approved 

7 pursuant to the provisions of this Act, any State the 

8 laws of which are declared, pursuant to section 

9 4(a)(2), to be the law of the United States for the 

10 portion of the outer Continental Shelf on which such 

11 program, plan, lease sale, leased tract, or activity 

12 appertains or is, or is proposed to be, conducted. 

13 For purposes of this subparagraph, the term ‘State’ 

14 includes the Commonwealth of Puerto Rico, the 

15 Commonwealth of the Northern Mariana Islands, 

16 the Virgin Islands, American Samoa, Guam, and the 

17 other territories of the United States. 

18 ‘‘(B) The term ‘Adjacent Zone’ means, with re19 spect to any program, plan, lease sale, leased tract, 

20 or other activity, proposed, conducted, or approved 

21 pursuant to the provisions of this Act, the portion 

22 of the outer Continental Shelf for which the laws of 

23 a particular Adjacent State are declared, pursuant 

24 to section 4(a)(2), to be the law of the United 

25 States.’’. 


jlentini on DSK4TPTVN1PROD with BILLS
10 

•HR 1861 IH

1 SEC. 106. GULF OF MEXICO OIL AND GAS. 

2 (a) REPEAL.—Section 104 of division C of the Tax 

3 Relief and Health Care Act of 2006 (Public Law 109– 

4 432; 120 Stat. 3003) is repealed. 

5 (b) LEASING PLAN FOR THE EASTERN GULF OF

6 MEXICO .—Pursuant to sections 101 and 102 of this Act, 

7 the Secretary of the Interior shall issue a final leasing plan 

8 for the Eastern Gulf of Mexico within 180 days after the 

9 date of enactment of this Act for all areas where there 

10 exists commercial interest in purchasing Federal oil and 

11 gas leases for production. 

12 SEC. 107. SHARING OF REVENUES. 

13 (a) IN GENERAL.—Section 8(g) of the Outer Conti14 nental Shelf Lands Act (43 U.S.C. 1337(g)) is amended— 

15 (1) in paragraph (2) by striking ‘‘Notwith16 standing’’ and inserting ‘‘Except as provided in 

17 paragraph (6), and notwithstanding’’; 

18 (1) by redesignating paragraphs (6) and (7) as 

19 paragraphs (8) and (9); and 

20 (2) by inserting after paragraph (5) the fol21 lowing: 

22 ‘‘(6) BONUS BIDS AND ROYALTIES UNDER

23 QUALIFIED LEASES.— 

24 ‘‘(A) NEW LEASES.—Of amounts received 

25 by the United States as bonus bids, royalties, 

26 rentals, and other sums collected under any new 


jlentini on DSK4TPTVN1PROD with BILLS
11 

•HR 1861 IH

1 qualified lease on submerged lands made avail2 able for leasing under this Act by the enact3 ment of the Infrastructure Jobs and Energy 

4 Independence Act— 

5 ‘‘(i) 30 percent shall be paid to the 

6 States that are producing States with re7 spect to those submerged lands that are lo8 cated within the seaward boundaries of 

9 such a State established under section 

10 4(a)(2)(A); 

11 ‘‘(ii) 10 percent shall be deposited in 

12 the general fund of the Treasury; 

13 ‘‘(iii) 15 percent shall be deposited in 

14 the Renewable Energy and Energy Effi15 ciency Reserve established by paragraph 

16 (7); 

17 ‘‘(iv) 20 percent shall be deposited in 

18 the Infrastructure Renewal Reserve estab19 lished by paragraph (7); 

20 ‘‘(iv) 3 percent shall be deposited into 

21 the Clean Water Reserve established by 

22 paragraph (7); 

23 ‘‘(v) 4 percent shall be deposited in 

24 the Environment Restoration Reserve es25 tablished by paragraph (7); 


jlentini on DSK4TPTVN1PROD with BILLS
12 

•HR 1861 IH

1 ‘‘(vi) 3 percent shall be deposited in 

2 the Conservation Reserve established by 

3 paragraph (7); 

4 ‘‘(vii) 8 percent shall be deposited in 

5 the Clean Coal Technology Deployment 

6 and Carbon Capture and Sequestration 

7 Reserve established by paragraph (7); 

8 ‘‘(viii) 5 percent shall be deposited in 

9 the Carbon Free Technology and Nuclear 

10 Energy Reserve established by paragraph 

11 (7); and 

12 ‘‘(ix) 2 percent shall be available to 

13 the Secretary of Health and Human Serv14 ices for carrying out the Low-Income 

15 Home Energy Assistance Act of 1981 (42 

16 U.S.C. 8621, et seq.). 

17 ‘‘(B) LEASED TRACT THAT LIES PAR18 TIALLY WITHIN THE SEAWARD BOUNDARIES OF

19 A STATE.—In the case of a leased tract that lies 

20 partially within the seaward boundaries of a 

21 State, the amounts of bonus bids and royalties 

22 from such tract that are subject to subpara23 graph (A)(ii) with respect to such State shall be 

24 a percentage of the total amounts of bonus bids 

25 and royalties from such tract that is equivalent 


jlentini on DSK4TPTVN1PROD with BILLS
13 

•HR 1861 IH

1 to the total percentage of surface acreage of the 

2 tract that lies within such seaward boundaries. 

3 ‘‘(C) USE OF PAYMENTS TO STATES.— 

4 Amounts paid to a State under subparagraph 

5 (A)(ii) shall be used by the State for one or 

6 more of the following: 

7 ‘‘(i) Education. 

8 ‘‘(ii) Transportation. 

9 ‘‘(iii) Coastal restoration, environ10 mental restoration, and beach replenish11 ment. 

12 ‘‘(iv) Energy infrastructure. 

13 ‘‘(v) Renewable energy development. 

14 ‘‘(vi) Energy efficiency and conserva15 tion. 

16 ‘‘(vii) Any other purpose determined 

17 by State law. 

18 ‘‘(D) DEFINITIONS.—In this paragraph: 

19 ‘‘(i) ADJACENT STATE.—The term 

20 ‘Adjacent State’ means, with respect to 

21 any program, plan, lease sale, leased tract 

22 or other activity, proposed, conducted, or 

23 approved pursuant to the provisions of this 

24 Act, any State the laws of which are de25 clared, pursuant to section 4(a)(2), to be 


jlentini on DSK4TPTVN1PROD with BILLS
14 

•HR 1861 IH

1 the law of the United States for the por2 tion of the outer Continental Shelf on 

3 which such program, plan, lease sale, 

4 leased tract, or activity appertains or is, or 

5 is proposed to be, conducted. 

6 ‘‘(ii) ADJACENT ZONE.—The term 

7 ‘Adjacent Zone’ means, with respect to any 

8 program, plan, lease sale, leased tract, or 

9 other activity, proposed, conducted, or ap10 proved pursuant to the provisions of this 

11 Act, the portion of the outer Continental 

12 Shelf for which the laws of a particular ad13 jacent State are declared, pursuant to sec14 tion 4(a)(2), to be the law of the United 

15 States. 

16 ‘‘(iii) PRODUCING STATE.—The term 

17 ‘producing State’ means an Adjacent State 

18 having an Adjacent Zone containing leased 

19 tracts from which are derived bonus bids 

20 and royalties under a lease under this Act. 

21 ‘‘(iv) STATE.—The term ‘State’ in22 cludes Puerto Rico and the other terri23 tories of the United States. 

24 ‘‘(v) QUALIFIED LEASE.—The term 

25 ‘qualified lease’ means a natural gas or oil 


jlentini on DSK4TPTVN1PROD with BILLS
15 

•HR 1861 IH

1 lease made available under this Act grant2 ed after the date of the enactment of the 

3 Infrastructure Jobs and Energy Independ4 ence Act, for an area that is available for 

5 leasing as a result of enactment of section 

6 101 of that Act. 

7 ‘‘(E) APPLICATION.—This paragraph shall 

8 apply to bonus bids and royalties received by 

9 the United States under qualified leases after 

10 implementation of sections 105 and 106 of the 

11 Infrastructure Jobs and Energy Independence 

12 Act. 

13 ‘‘(F) EXISTING REVENUES.—All revenues 

14 including revenues, including bonus bids, royal15 ties, rentals, and other sums, collected from 

16 leases issued under this Act prior to the enact17 ment Infrastructure Jobs and Energy Inde18 pendence Act, shall not be affected by the provi19 sions of that Act. 

20 ‘‘(7) ESTABLISHMENT OF RESERVE AC21 COUNTS.— 

22 ‘‘(A) IN GENERAL.—For budgetary pur23 poses, there is established as a separate account 

24 to receive deposits under paragraph (6)(A)— 


jlentini on DSK4TPTVN1PROD with BILLS
16 

•HR 1861 IH

1 ‘‘(i) the Renewable Energy and En2 ergy Efficiency Reserve which shall be ap3 plied— 

4 ‘‘(I) first, to offset the alternative 

5 energy and conservation tax incentives 

6 extended by title III of the Infrastruc7 ture Jobs and Energy Independence 

8 Actt; and 

9 ‘‘(II) to extent not applied under 

10 subclause (I), to offset the cost of leg11 islation enacted after the date of the 

12 enactment of the Infrastructure Jobs 

13 and Energy Independence Act to ac14 celerate the use of cleaner domestic 

15 energy resources and alternative fuels; 

16 to promote the utilization of energy17 efficient products and practices; to 

18 promote the development and deploy19 ment of smart transportation systems, 

20 energy efficient vehicles, and mass 

21 transportation systems that preserve 

22 the environment and increase energy 

23 efficiency of transportation; and to in24 crease research, development, and de25 ployment of clean renewable energy 


jlentini on DSK4TPTVN1PROD with BILLS
17 

•HR 1861 IH

1 and efficiency technologies and job 

2 training programs for those purposes; 

3 ‘‘(ii) the Infrastructure Renewal Re4 serve which shall be applied to offset the 

5 costs of— 

6 ‘‘(I) Federal-aid highway and 

7 highway safety construction programs 

8 carried out by the Secretary of Trans9 portation; 

10 ‘‘(II) public transportation pro11 grams carried out by the Secretary of 

12 Transportation; 

13 ‘‘(III) water resources develop14 ment construction projects carried out 

15 by the Secretary of the Army (acting 

16 through the Chief of Engineers); 

17 ‘‘(IV) Federal support for freight 

18 rail and passenger rail construction 

19 and repair projects; 

20 ‘‘(V) legislation enacted after the 

21 date of the enactment of the Infra22 structure Jobs and Energy Independ23 ence Act for purposes of investment in 

24 transportation infrastructure; and 


jlentini on DSK4TPTVN1PROD with BILLS
18 

•HR 1861 IH

1 ‘‘(ii) the Clean Water Reserve, to 

2 first, offset the cost of construction pro3 grams under the Clean Water Act or the 

4 1996 Amendments to the Safe Drinking 

5 Water Act that provide assistance, such as 

6 grants, matching grants, and no- and low7 interest loans, to State, county, and local 

8 governments to rebuild and modernize 

9 clean water and sewage infrastructure. 

10 ‘‘(iii) the Environment Restoration 

11 Reserve, to offset the cost of legislation en12 acted after the date of the enactment of 

13 the Infrastructure Jobs and Energy Inde14 pendence Act to conduct restoration activi15 ties to improve the overall health of the 

16 ecosystems primarily or entirely within 

17 wildlife refuges, national parks, lakes, 

18 bays, rivers, and streams, including the 

19 Great Lakes, the Chesapeake and Dela20 ware Bays, the San Francisco Bay/Sac21 ramento San Joaquin Bay Delta, the Flor22 ida Everglades, New York Harbor, the Col23 orado River Basin, the Mississippi River 

24 Basin and tributaries, and Intracoastal 

25 Waterways and inlets that serve them; 


jlentini on DSK4TPTVN1PROD with BILLS
19 

•HR 1861 IH

1 ‘‘(iv) the Conservation Reserve, to off2 set the cost of legislation enacted after the 

3 date of the enactment of the Infrastructure 

4 Jobs and Energy Independence Act for 

5 conservation research, development, and 

6 deployment programs to increase commer7 cial energy efficiency, such as weatheriza8 tion, conservation and building technology 

9 tax credits for energy efficiency in the 

10 commercial and industrial sectors; 

11 ‘‘(v) the Clean Coal Technology De12 ployment and Carbon Capture and Seques13 tration Reserve, to— 

14 ‘‘(I) first offset the cost of pro15 grams established under section 133 

16 of this Act 

17 ‘‘(II) two, offset the cost of pro18 grams in section 1703 of the Energy 

19 Policy Act of 2005 related to loan 

20 guarantees for construction projects 

21 associated with carbon capture and 

22 storage, giving priority to the con23 struction and modernization of plants 

24 that implement the most advanced 

25 pollution controls to prevent the reVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
20 

•HR 1861 IH

1 lease of carbon, particulate matter, 

2 and other pollutants; and 

3 ‘‘(III) third, to offset the cost of 

4 research at the Department of Energy 

5 Office of Fossil Energy that promotes 

6 the production of liquid transportation 

7 fuels, clean-coal electricity, synthetic 

8 natural gas, and chemical feedstock; 

9 and 

10 ‘‘(vi) the Carbon Free Technology and 

11 Nuclear Energy Reserve, to— 

12 ‘‘(I) first offset the cost of pro13 grams in title IV of this Act; and 

14 ‘‘(II) two, offset the cost of legis15 lation enacted after the date of the 

16 enactment of the Rebuilding Amer17 ica’s Infrastructure Through Energy 

18 Independence Act to promote the de19 ployment of carbon-free technologies, 

20 including through loan guarantees for 

21 commercial nuclear power plants, the 

22 disposition and recycling or reprocess23 ing of spent fuel from nuclear power 

24 plants, and the financing of long-term 

25 safe storage of spent fuel. 


jlentini on DSK4TPTVN1PROD with BILLS
21 

•HR 1861 IH

1 ‘‘(B) PROCEDURE FOR ADJUSTMENTS.— 

2 ‘‘(i) BUDGET COMMITTEE CHAIR3 MAN.—After the reporting of a bill or joint 

4 resolution, or the offering of an amend5 ment thereto or the submission of a con6 ference report thereon, providing funding 

7 for the purposes set forth in clause (i), (ii), 

8 (iii), or (iv) of subparagraph (A) in excess 

9 of the amount of the deposits under para10 graph (6)(A) for those purposes for fiscal 

11 year 2013, the chairman of the Committee 

12 on the Budget of the applicable House of 

13 Congress shall make the adjustments set 

14 forth in clause (ii) for the amount of new 

15 budget authority and outlays in that meas16 ure and the outlays flowing from that 

17 budget authority. 

18 ‘‘(ii) MATTERS TO BE ADJUSTED.— 

19 The adjustments referred to in clause (i) 

20 are to be made to— 

21 ‘‘(I) the discretionary spending 

22 limits, if any, set forth in the appro23 priate concurrent resolution on the 

24 budget; 


jlentini on DSK4TPTVN1PROD with BILLS
22 

•HR 1861 IH

1 ‘‘(II) the allocations made pursu2 ant to the appropriate concurrent res3 olution on the budget pursuant to sec4 tion 302(a) of the Congressional 

5 Budget Act of 1974; and 

6 ‘‘(III) the budget aggregates con7 tained in the appropriate concurrent 

8 resolution on the budget as required 

9 by section 301(a) of the Congressional 

10 Budget Act of 1974. 

11 ‘‘(iii) AMOUNTS OF ADJUSTMENTS.— 

12 The adjustments referred to in clauses (i) 

13 and (ii) shall not exceed the receipts esti14 mated by the Congressional Budget Office 

15 that are attributable to this Act for the fis16 cal year in which the adjustments are 

17 made. 

18 ‘‘(C) EXPENDITURES ONLY BY SECRETARY

19 OF THE INTERIOR IN CONSULTATION.—Legisla20 tion shall not be treated as legislation referred 

21 to in subparagraph (A) unless any expenditure 

22 under such legislation for a purpose referred to 

23 in that subparagraph may be made only after 

24 consultation with the Administrator of the En25 vironmental Protection Agency, the AdminisVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
23 

•HR 1861 IH

1 trator of the National Oceanic and Atmospheric 

2 Administration, the Secretary of the Army act3 ing through the Corps of Engineers, and, as ap4 propriate, the Secretary of State. 

5 ‘‘(8) MAINTENANCE OF EFFORT BY STATES.— 

6 The Secretary of the Interior, the Secretary of 

7 Health and Human Services, the Secretary of En8 ergy, and any other Federal official with authority 

9 to implement legislation referred to in paragraph 

10 (6)(A) shall ensure that financial assistance provided 

11 to a State under that legislation for any purpose 

12 with amounts made available under this subsection 

13 or in any legislation with respect to which paragraph 

14 (7) applies supplement, and do not replace, the 

15 amounts expended by the State for that purpose be16 fore the date of the enactment of the Infrastructure 

17 Jobs and Energy Independence Act. 

18 ‘‘(9) DISTRIBUTIONS FOR FEDERAL-AID HIGH19 WAY OR HIGHWAY SAFETY CONSTRUCTION PRO20 GRAM.—To the extent practicable, amounts made 

21 available for a Federal-aid highway or highway safe22 ty construction program, the costs of which are off23 set by application of the Infrastructure Renewal Re24 serve, shall be distributed using the apportionment 

25 formula that applies to that program.’’. 


jlentini on DSK4TPTVN1PROD with BILLS
24 

•HR 1861 IH

1 (b) ESTABLISHMENT OF STATE SEAWARD BOUND2 ARIES.—Section 4(a)(2)(A) of the Outer Continental Shelf 

3 Lands Act (43 U.S.C. 1333(a)(2)(A)) is amended in the 

4 first sentence by striking ‘‘, and the President’’ and all 

5 that follows through the end of the sentence and inserting 

6 the following: ‘‘. Such extended lines are deemed to be as 

7 indicated on the maps for each Outer Continental Shelf 

8 region entitled ‘Alaska OCS Region State Adjacent Zone 

9 and OCS Planning Areas’, ‘Pacific OCS Region State Ad10 jacent Zones and OCS Planning Areas’, ‘Gulf of Mexico 

11 OCS Region State Adjacent Zones and OCS Planning 

12 Areas’, and ‘Atlantic OCS Region State Adjacent Zones 

13 and OCS Planning Areas’, all of which are dated Sep14 tember 2005 and on file in the Office of the Director, Min15 erals Management Service. The preceding sentence shall 

16 not apply with respect to the treatment under section 105 

17 of the Gulf of Mexico Energy Security Act of 2006 (title 

18 I of division C of Public Law 109–432) of qualified outer 

19 Continental Shelf revenues deposited and disbursed under 

20 subsection (a)(2) of that section.’’. 

21 SEC. 108. INVENTORY OF OFFSHORE ENERGY RESOURCES. 

22 (a) IN GENERAL.—The Secretary of the Interior (in 

23 this section referred to as the ‘‘Secretary’’) shall promptly 

24 prepare an inventory of offshore energy resources of the 

25 United States, including through conduct of geological and 


jlentini on DSK4TPTVN1PROD with BILLS
25 

•HR 1861 IH

1 geophysical explorations by private industry in all of the 

2 United States outer Continental Shelf areas of the Atlan3 tic Ocean and the Pacific Ocean under part 251 of title 

4 30, Code of Federal Regulations (or successor regula5 tions). 

6 (b) ENVIRONMENTAL STUDIES.—Not later than 180 

7 days after the date of enactment of this Act, the Secretary 

8 shall complete any environmental studies necessary to 

9 gather information essential to an accurate inventory, in10 cluding geological and geophysical explorations under part 

11 251 of title 30, Code of Federal Regulations (or successor 

12 regulations). 

13 (c) EFFECT ON OIL AND GAS LEASING.—No inven14 tory that is conducted under this section or any other Fed15 eral law (including regulations) shall restrict, limit, delay, 

16 or otherwise adversely affect— 

17 (1) the development of any Outer Continental 

18 Shelf leasing program under section 18 of the Outer 

19 Continental Shelf Lands Act (43 U.S.C. 1344); or 

20 (2) any leasing, exploration, development, or 

21 production of any Federal offshore oil and gas 

22 leases. 

23 (d) FUNDING.— 

24 (1) IN GENERAL.—The Secretary of the Treas25 ury shall make a 1-time transfer to the Secretary, 


jlentini on DSK4TPTVN1PROD with BILLS
26 

•HR 1861 IH

1 without further appropriation and from royalties col2 lected by the United States in conjunction with the 

3 production of oil and gas, of such sums as are nec4 essary for the Secretary to carry out this section. 

5 (2) LIMITATION.—The amount transferred 

6 under paragraph (1) shall not exceed $50,000,000. 

7 SEC. 109. PROHIBITIONS ON SURFACE OCCUPANCY AND 

8 OTHER APPROPRIATE ENVIRONMENTAL 

9 SAFEGUARDS. 

10 (a) REGULATIONS.— 

11 (1) IN GENERAL.— 

12 (A) ENVIRONMENTAL SAFEGUARDS.—The 

13 Secretary of the Interior shall promulgate regu14 lations that establish appropriate environmental 

15 safeguards for the exploration and production 

16 of oil and natural gas on the outer Continental 

17 Shelf. 

18 (B) SAFETY PROTOCOLS.—All operations, 

19 including under any permit issued pursuant to 

20 an application for a permit to drill or an appli21 cation for a permit to sidetrack, that has been 

22 approved by the Minerals Management Service 

23 or the Bureau of Ocean Energy Management, 

24 Regulation and Enforcement, for purposes of 

25 outer Continental Shelf energy exploration or 


jlentini on DSK4TPTVN1PROD with BILLS
27 

•HR 1861 IH

1 development and production, shall be carried 

2 out in accordance with the safety protocols con3 tained in part 250 of title 30, Code of Federal 

4 Regulations. 

5 (2) REQUIREMENTS.—The regulations shall in6 clude provisions ensuring that— 

7 (A) no surface facility shall be installed for 

8 the purpose of production of oil or gas re9 sources in any area that is within 10 miles from 

10 the shore of any coastal State, in any area of 

11 the outer Continental Shelf that has not pre12 viously been made available for oil and gas leas13 ing; 

14 (B) only temporary surface facilities are 

15 installed for areas that are located— 

16 (i) beyond 10 miles from the shore 

17 from the shore of any coastal State, in any 

18 area of the Outer Continental Shelf that 

19 has not previously been made available for 

20 oil and gas leasing; and 

21 (ii) not more than 20 miles from the 

22 shore; 

23 (C) the impact of offshore production fa24 cilities on coastal vistas is otherwise mitigated; 

25 and 


jlentini on DSK4TPTVN1PROD with BILLS
28 

•HR 1861 IH

1 (D) onshore facilities that are able to draw 

2 upon the resources of the outer Continental 

3 Shelf within 10 miles of shore are allowed. 

4 (b) CONFORMING AMENDMENT.—Section 105 of the 

5 Department of the Interior, Environment, and Related 

6 Agencies Appropriations Act, 2006 (Public Law 109–54; 

7 119 Stat. 521) (as amended by section 103(d) of the Gulf 

8 of Mexico Energy Security Act of 2006 (43 U.S.C. 1331 

9 note; Public Law 109–432)) is amended by inserting ‘‘and 

10 any other area that the Secretary of the Interior may offer 

11 for leasing, preleasing, or any related activity under sec12 tion 104 of that Act’’ after ‘‘2006)’’. 

13 Subtitle B—Expedited Judicial 

14 Review 

15 SEC. 121. DEFINITIONS. 

16 In this subtitle: 

17 (1) AUTHORIZING LEASING STATUTE.—The 

18 term ‘‘authorizing leasing statute’’ means the Outer 

19 Continental Shelf Lands Act (43 U.S.C. 1331 et 

20 seq.), the Mineral Leasing Act (30 U.S.C. 181 et 

21 seq.), the Mineral Leasing Act for Acquired Lands 

22 (30 U.S.C. 351 et seq.), and any other law of the 

23 United States directing or authorizing the leasing of 

24 Federal lands for oil and gas production or trans25 mission. 


jlentini on DSK4TPTVN1PROD with BILLS
29 

•HR 1861 IH

1 (2) COVERED OIL AND NATURAL GAS ACTIV2 ITY.—The term ‘‘covered oil and natural gas activ3 ity’’ means— 

4 (A) the leasing of any lands pursuant to 

5 an authorizing leasing statute for the explo6 ration, development, production, processing, or 

7 transmission of oil, natural gas, or associated 

8 hydrocarbons, including actions or decisions re9 lating to the selection of which lands may or 

10 shall be made available for such leasing; and 

11 (B) any activity taken or proposed to be 

12 taken pursuant or in relation to such leases, in13 cluding their suspension, and any environ14 mental analyses relating to such activity. 

15 SEC. 122. EXCLUSIVE JURISDICTION OVER CAUSES AND 

16 CLAIMS RELATING TO COVERED OIL AND 

17 NATURAL GAS ACTIVITIES. 

18 Notwithstanding any other provision of law, any Fed19 eral action approving any covered oil and natural gas ac20 tivity shall be subject to judicial review only— 

21 (1) in the United States Court of Appeals for 

22 the District of Columbia Circuit; and 

23 (2) after the person filing a petition seeking 

24 such judicial review has exhausted all available adVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
30 

•HR 1861 IH

1 ministrative remedies with respect to such Federal 

2 action. 

3 SEC. 123. TIME FOR FILING PETITION; STANDING. 

4 (a) IN GENERAL.—All petitions referred to in section 

5 122 must be filed within 30 days after the latter of the 

6 challenged Federal action or the exhaustion of all available 

7 administrative remedies with respect to such Federal ac8 tion. A claim or challenge shall be barred unless it is filed 

9 within the time specified. 

10 (b) STANDING.—No person whose legal rights will 

11 not be directly and adversely affected by the challenged 

12 action, and who is not within the zone of interest protected 

13 by each Act under which the challenge is brought, shall 

14 have standing to file any petition referred to in section 

15 122. 

16 SEC. 124. TIMETABLE. 

17 The United States Court of Appeals for the District 

18 of Columbia Circuit shall complete all judicial review, in19 cluding rendering a judgment, before the end of the 120- 

20 day period beginning on the date on which a petition re21 ferred to in section 122 is filed, unless all parties to such 

22 proceeding agree to an extension of such period. 

23 SEC. 125. LIMITATION ON SCOPE OF REVIEW AND RELIEF. 

24 (a) ADMINISTRATIVE FINDINGS AND CONCLU25 SIONS.—In any judicial review referred to in section 122, 


jlentini on DSK4TPTVN1PROD with BILLS
31 

•HR 1861 IH

1 any administrative findings and conclusions relating to the 

2 challenged Federal action shall be presumed to be correct 

3 unless shown otherwise by clear and convincing evidence 

4 contained in the administrative record. 

5 (b) LIMITATION ON PROSPECTIVE RELIEF.—In any 

6 judicial review referred to in section 122, the Court shall 

7 not grant or approve any prospective relief unless the 

8 court finds that such relief is narrowly drawn, extends no 

9 further than necessary to correct the violation of a Federal 

10 law requirement, and is the least intrusive means nec11 essary to correct the violation concerned. 

12 SEC. 126. PRESIDENTIAL WAIVER. 

13 Notwithstanding any other provision of law, the 

14 President may waive any legal requirement relating to the 

15 approval of any covered oil and natural gas activity if the 

16 President determines in the President’s sole discretion 

17 that such activity is important to the national interest and 

18 outweighs such legal requirement. 

19 SEC. 127. LEGAL FEES. 

20 Any person filing a petition referred to in section 122 

21 who is not a prevailing party shall pay to the prevailing 

22 parties (including intervening parties), other than the 

23 United States, fees and other expenses incurred by that 

24 party in connection with the judicial review, unless the 

25 Court finds that the position of the person was substanVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
32 

•HR 1861 IH

1 tially justified or that special circumstances make an 

2 award unjust. 

3 SEC. 128. EXCLUSION. 

4 Section 122 shall not apply to disputes between the 

5 parties to a lease issued pursuant to an authorizing leas6 ing statute regarding the obligations of such lease or the 

7 alleged breach thereof. 

8 Subtitle C—Other Energy 

9 Provisions 

10 SEC. 131. ELIMINATION OF RESTRICTION ON ENERGY AL11 TERNATIVES AND ENERGY EFFICIENCY. 

12 (a) ELIMINATION OF OTHER RESTRICTIONS ON USE

13 OF ENERGY ALTERNATIVES.— 

14 (1) RENEWABLE BIOMASS.—Section 

15 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 

16 7545(o)(1)(I)) is amended— 

17 (A) in clause (ii), by striking ‘‘non-fed18 eral’’; and 

19 (B) in clause (iv), by striking ‘‘that are 

20 from non-federal forestlands, including 

21 forestlands’’ and inserting ‘‘from forestlands, 

22 including those on public lands and those’’. 

23 (2) ALTERNATIVE FUELS.—Section 526 of the 

24 Energy Independence and Security Act of 2007 (42 

25 U.S.C. 17142) is repealed. 


jlentini on DSK4TPTVN1PROD with BILLS
33 

•HR 1861 IH

1 (b) NEW SOURCE REVIEW UNDER THE CLEAN AIR

2 ACT.—Part A of title I of the Clean Air Act (42 U.S.C. 

3 7401 and following) is amended by adding the following 

4 at the end: 

5 ‘‘SEC. 132. NEW SOURCE REVIEW. 

6 ‘‘In promulgating regulations respecting any require7 ment or prohibition of this Act relating to the construction 

8 of a new source or the modification of an existing source, 

9 the Administrator shall include in such regulations provi10 sions providing that routine maintenance and repair shall 

11 not constitute a modification of an existing source requir12 ing treatment of the source as a new source. Such provi13 sions shall provide that equipment replacement shall be 

14 considered routine maintenance and repair if it meets each 

15 of the following: 

16 ‘‘(1) Such replacement does not increase overall 

17 actual emissions of any air pollutant by more than 

18 5 percent. 

19 ‘‘(2) In the case of a source generating elec20 tricity, such replacement does not result in a greater 

21 amount of any air pollutant emitted in proportion to 

22 the megawatts of electricity generated. 

23 Notwithstanding any other provision of this Act, no State 

24 may include in any State implementation plan any provi25 sions regarding new source review that are more stringent 


jlentini on DSK4TPTVN1PROD with BILLS
34 

•HR 1861 IH

1 than those contained in the regulations of the Adminis2 trator under this section.’’. 

3 SEC. 132. POLICIES REGARDING BUYING AND BUILDING 

4 AMERICAN. 

5 (a) INTENT OF CONGRESS.—It is the intent of the 

6 Congress that this Act, among other things, result in a 

7 healthy and growing American industrial, manufacturing, 

8 transportation, and service sector employing the vast tal9 ents of America’s workforce to assist in the development 

10 of energy from domestic sources. Moreover, the Congress 

11 intends to monitor the deployment of personnel and mate12 rial onshore and offshore to encourage the development 

13 of American technology and manufacturing to enable 

14 United States workers to benefit from this Act by good 

15 jobs and careers, as well as the establishment of important 

16 industrial facilities to support expanded access to Amer17 ican resources. 

18 (b) SAFEGUARD FOR EXTRAORDINARY ABILITY.— 

19 Section 30(a) of the Outer Continental Shelf Lands Act 

20 (43 U.S.C. 1356(a)) is amended in the matter preceding 

21 paragraph (1) by striking ‘‘regulations which’’ and insert22 ing ‘‘regulations that shall be supplemental and com23 plimentary with and under no circumstances a substi24 tution for the provisions of the Constitution and laws of 

25 the United States extended to the subsoil and seabed of 


jlentini on DSK4TPTVN1PROD with BILLS
35 

•HR 1861 IH

1 the outer Continental Shelf pursuant to section 4 of this 

2 Act, except insofar as such laws would otherwise apply to 

3 individuals who have extraordinary ability in the sciences, 

4 arts, education, or business, which has been demonstrated 

5 by sustained national or international acclaim, and that’’. 

6 (b) WORK STANDARDS.—All construction, repair, or 

7 alteration of public buildings and public works of the Gov8 ernment and buildings or works financed or otherwise as9 sisted in whole or in part under this Act by a loan, loan 

10 guarantee, grant, annual contribution, credit enhance11 ment, or any other form of Federal assistance authorized 

12 under this Act shall be performed in accordance with the 

13 standards applicable to comparable activity under any 

14 other provision of law, without regard to the form or type 

15 of Federal assistance provided thereunder. 

16 SEC. 133. CLEAN COAL TECHNOLOGY DEPLOYMENT GRANT 

17 AND LOAN PROGRAM. 

18 (a) PURPOSE.—The purpose of this section is to en19 courage innovative, state-of-the-art energy plants to re20 duce and eliminate emissions of carbon dioxide and other 

21 greenhouse gases. 

22 (b) DOE PROGRAM.—The Secretary Energy shall 

23 implement a competitive grant and loan program to award 

24 funding to qualified projects for a 3-year period for the 

25 construction or modernization of coal-fired generation 


jlentini on DSK4TPTVN1PROD with BILLS
36 

•HR 1861 IH

1 units to enable the use at such units of the most viable 

2 and cost-effective technology to reduce emissions of carbon 

3 dioxide and other greenhouse gases. In carrying out such 

4 program, the Secretary shall give priority to the funding 

5 of projects that will emit the least amount of carbon diox6 ide and other greenhouse gases. 

7 (c) QUALIFIED PROJECTS.—(1) Projects for the con8 struction or modernization of units with carbon capture 

9 and sequestration or storage systems shall be qualified for 

10 assistance under this section in the form of grants of up 

11 to $2,000,000,000 per unit up to a maximum grant of 

12 $2,000,000 per Megawatt (MW) of capacity. Such 

13 projects may be qualified for loan guarantees under this 

14 section in the amount of up to $3,000,000,000 per unit 

15 up to a maximum of $3,000,000 per Megawatt of capacity. 

16 (2) The maximum amount of funding assistance 

17 under this section for construction and modernization 

18 costs shall be as follows: 

19 (A) A grant of 75 percent of such costs and a 

20 loan guarantee of 25 percent of such costs for the 

21 first year in which assistance is provided. 

22 (B) A grant of 50 percent of such costs and a 

23 loan guarantee of 50 percent of such costs for the 

24 second year in which assistance is provided. 


jlentini on DSK4TPTVN1PROD with BILLS
37 

•HR 1861 IH

1 (C) A grant of 25 percent of such costs and a 

2 loan guarantee of 75 percent of such costs for the 

3 third year in which assistance is provided. 

4 (d) MINIMUM SIZE.—No project shall be qualified for 

5 assistance under this section for any unit that is less than 

6 250 MW of capacity. 

7 TITLE II—MODIFYING THE STRA8 TEGIC PETROLEUM RESERVE 

9 AND FUNDING CONSERVA10 TION AND ENERGY RE11 SEARCH AND DEVELOPMENT 

12 SEC. 201. FINDINGS. 

13 Congress finds the following: 

14 (1) The Strategic Petroleum Reserve (SPR) 

15 was created by Congress in 1975, to protect the Na16 tion from any future oil supply disruptions. When 

17 the program was established, United States refiners 

18 were capable of handling light crude and medium 

19 crude and the makeup of the SPR matched this ca20 pacity. This is not the case today. 

21 (2) A GAO analysis found that nearly half of 

22 the refineries considered vulnerable to supply disrup23 tions are not compatible with the types of oil cur24 rently stored in the SPR and would be unable to 

25 maintain normal refining capacity if forced to rely 


jlentini on DSK4TPTVN1PROD with BILLS
38 

•HR 1861 IH

1 on SPR oil as currently constituted, thereby reduc2 ing the effectiveness of the SPR in the event of a 

3 supply disruption. GAO concluded that the SPR 

4 should be comprised of at least 10 percent heavy 

5 crude. 

6 (3) This Act implements the GAO recommenda7 tion and dedicates funds received from the trans8 actions to existing energy conservation, research, 

9 and assistance programs. 

10 SEC. 202. DEFINITIONS. 

11 In this title— 

12 (1) the term ‘‘light grade petroleum’’ means 

13 crude oil with an API gravity of 35 degrees or high14 er; 

15 (2) the term ‘‘heavy grade petroleum’’ means 

16 crude oil with an API gravity of 26 degrees or lower; 

17 and 

18 (3) the term ‘‘Secretary’’ means the Secretary 

19 of Energy. 

20 SEC. 203. OBJECTIVES. 

21 The objectives of this title are as follows: 

22 (1) To modernize the composition of the Stra23 tegic Petroleum Reserve to reflect the current proc24 essing capabilities of refineries in the United States. 


jlentini on DSK4TPTVN1PROD with BILLS
39 

•HR 1861 IH

1 (2) To provide increased funding to accelerate 

2 conservation, energy research and development, and 

3 assistance through existing programs. 

4 SEC. 204. MODIFICATION OF THE STRATEGIC PETROLEUM 

5 RESERVE. 

6 Notwithstanding section 161 of the Energy Policy 

7 and Conservation Act (42 U.S.C. 6241), the Secretary 

8 shall publish a plan not later than 30 days after the date 

9 of enactment of this Act to— 

10 (1) exchange as soon as possible light grade pe11 troleum from the Strategic Petroleum Reserve, in an 

12 amount equal to 10 percent of the total number of 

13 barrels of crude oil in the Reserve as of the date of 

14 enactment of this Act, for an equivalent volume of 

15 heavy grade petroleum plus any additional cash 

16 bonus bids received that reflect the difference in the 

17 market value between light grade petroleum and 

18 heavy grade petroleum and the timing of deliveries 

19 of the heavy grade petroleum; 

20 (2) from the gross proceeds of the cash bonus 

21 bids, deposit the amount necessary to pay for the di22 rect administrative and operational costs of the ex23 change into the SPR Petroleum Account established 

24 under section 167 of the Energy Policy and Con25 servation Act (42 U.S.C. 6247); and 


jlentini on DSK4TPTVN1PROD with BILLS
40 

•HR 1861 IH

1 (3) deposit 90 percent of the remaining net pro2 ceeds from the exchange into the account established 

3 under section 205(a). 

4 SEC. 205. ENERGY INDEPENDENCE AND SECURITY FUND. 

5 (a) ESTABLISHMENT.—There is hereby established in 

6 the Treasury of the United States the ‘‘Energy Independ7 ence and Security Fund’’ (in this section referred to as 

8 the ‘‘Fund’’). 

9 (b) ADMINISTRATION.—The Secretary shall be re10 sponsible for administering the Fund for the purpose of 

11 carrying out this section. 

12 (c) DEPOSITS.—The Secretary shall transfer the bal13 ance of funds in the SPR Petroleum Account on the date 

14 of enactment of this Act in excess of $10,000,000 into 

15 the Fund. 

16 (d) DISTRIBUTION OF FUNDS.—The Secretary shall 

17 make amounts from the Fund available for obligation, 

18 without further appropriation and without fiscal year limi19 tation, for the following purposes: 

20 (1) ADVANCED RESEARCH PROJECTS AGENCY— 

21 ENERGY.—The Secretary may transfer amounts to 

22 the account ‘‘Energy Transformation Acceleration 

23 Fund’’, established under section 5012(m) of the 

24 America COMPETES Act (42 U.S.C. 16538(m)), 

25 including amounts— 


jlentini on DSK4TPTVN1PROD with BILLS
41 

•HR 1861 IH

1 (A) for university-based research projects; 

2 and 

3 (B) for program direction expenses. 

4 (2) WIND ENERGY RESEARCH AND DEVELOP5 MENT.—The Secretary may transfer amounts to the 

6 account ‘‘Energy Efficiency and Renewable Energy’’ 

7 for necessary expenses for a program to support the 

8 development of next-generation wind turbines, in9 cluding turbines capable of operating in areas with 

10 low wind speeds, as authorized in section 

11 931(a)(2)(B) of the Energy Policy Act of 2005 (42 

12 U.S.C. 16231(a)(2)(B)). 

13 (3) SOLAR ENERGY RESEARCH AND DEVELOP14 MENT.—The Secretary may transfer amounts to the 

15 account ‘‘Energy Efficiency and Renewable Energy’’ 

16 for necessary expenses for a program to accelerate 

17 the research, development, demonstration, and de18 ployment of solar energy technologies, and public 

19 education and outreach materials pursuant to such 

20 program, as authorized by section 931(a)(2)(A) of 

21 the Energy Policy Act of 2005 (42 U.S.C. 

22 16231(a)(2)(A)). 

23 (4) MARINE AND HYDROKINETIC RENEWABLE

24 ELECTRIC ENERGY.—The Secretary may transfer 

25 amounts to the account ‘‘Energy Efficiency and ReVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
42 

•HR 1861 IH

1 newable Energy’’ for necessary expenses for a pro2 gram to accelerate the research, development, dem3 onstration, and deployment of ocean and wave en4 ergy, including hydrokinetic renewable energy, as au5 thorized by section 931 of the Energy Policy Act of 

6 2005 (42 U.S.C. 16231) and section 636 of the En7 ergy Independence and Security Act of 2007 (42 

8 U.S.C. 17215). 

9 (5) ADVANCED VEHICLES RESEARCH, DEVELOP10 MENT, AND DEMONSTRATION.—The Secretary may 

11 transfer amounts to the account ‘‘Energy Efficiency 

12 and Renewable Energy’’ for necessary expenses for 

13 research, development, and demonstration on ad14 vanced, cost-effective technologies to improve the en15 ergy efficiency and environmental performance of ve16 hicles, as authorized in section 911(a)(2)(A) of the 

17 Energy Policy Act of 2005 (42 U.S.C. 

18 16191(a)(2)(A)). 

19 (6) INDUSTRIAL ENERGY EFFICIENCY RE20 SEARCH AND DEVELOPMENT.—The Secretary may 

21 transfer amounts to the account ‘‘Energy Efficiency 

22 and Renewable Energy’’ for necessary expenses for 

23 a program to accelerate the research, development, 

24 demonstration, and deployment of new technologies 

25 to improve the energy efficiency and reduce greenVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
43 

•HR 1861 IH

1 house gas emissions from industrial processes, as 

2 authorized in section 911(a)(2)(C) of the Energy 

3 Policy Act of 2005 (42 U.S.C. 16191(a)(2)(C)) and 

4 in section 452 of the Energy Independence and Se5 curity Act of 2007 (42 U.S.C. 17111). 

6 (7) BUILDING AND LIGHTING ENERGY EFFI7 CIENCY RESEARCH AND DEVELOPMENT.—The Sec8 retary may transfer amounts to the account ‘‘En9 ergy Efficiency and Renewable Energy’’ for nec10 essary expenses for a program to accelerate the re11 search, development, demonstration, and deployment 

12 of new technologies to improve the energy efficiency 

13 of and reduce greenhouse gas emissions from build14 ings, as authorized in section 321(g) of the Energy 

15 Independence and Security Act of 2007 (42 U.S.C. 

16 6295 note), section 422 of the Energy Independence 

17 and Security Act of 2007 (42 U.S.C. 17082), and 

18 section 912 of the Energy Policy Act of 2005 (42 

19 U.S.C. 16192). 

20 (8) GEOTHERMAL ENERGY DEVELOPMENT.— 

21 The Secretary may transfer amounts to the account 

22 ‘‘Energy Efficiency and Renewable Energy’’ for nec23 essary expenses for geothermal research and devel24 opment activities to be managed by the National Re25 newable Energy Laboratory, as authorized by secVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
44 

•HR 1861 IH

1 tions 613, 614, 615, and 616 of the Energy Inde2 pendence and Security Act of 2007 (42 U.S.C. 

3 17192–95) and section 931(a)(2)(C) of the Energy 

4 Policy Act of 2005 (42 U.S.C. 16231(a)(2)(C)). 

5 (9) SMART GRID TECHNOLOGY RESEARCH, DE6 VELOPMENT, AND DEMONSTRATION.—The Secretary 

7 may transfer amounts to the account ‘‘Energy Effi8 ciency and Renewable Energy’’ for necessary ex9 penses for research, development, and demonstration 

10 of smart grid technologies, as authorized by section 

11 1304 of the Energy Independence and Security Act 

12 of 2007 (42 U.S.C. 17384). 

13 (10) CARBON CAPTURE AND STORAGE.—The 

14 Secretary may transfer amounts to the account 

15 ‘‘Fossil Energy Research and Development’’ for nec16 essary expenses for a program of demonstration 

17 projects of carbon capture and storage, and for a re18 search program to address public health, safety, and 

19 environmental impacts, as authorized by section 963 

20 of the Energy Policy Act of 2005 (42 U.S.C. 16293) 

21 and sections 703 and 707 of the Energy Independ22 ence and Security Act of 2007 (42 U.S.C. 17251, 

23 17255). 


jlentini on DSK4TPTVN1PROD with BILLS
45 

•HR 1861 IH

1 (11) NONCONVENTIONAL DOMESTIC NATURAL

2 GAS PRODUCTION AND ENVIRONMENTAL RE3 SEARCH.— 

4 (A) The Secretary may transfer amounts 

5 to the account authorized by section 999H(e) of 

6 the Energy Policy Act of 2005 (42 U.S.C. 

7 16378(e)). 

8 (B) The Secretary may transfer amounts 

9 to the account ‘‘Fossil Energy Research and 

10 Development’’ for necessary expenses for a pro11 gram of basin-oriented assessments and public 

12 and private partnerships involving States and 

13 industry to foster the development of regional 

14 advanced technological, regulatory, and eco15 nomic development strategies for the efficient 

16 and environmentally sustainable recovery and 

17 market delivery of natural gas and domestic pe18 troleum resources within the United States, and 

19 for support for the Stripper Well Consortium. 

20 (12) HYDROGEN RESEARCH AND DEVELOP21 MENT.—The Secretary may transfer amounts to the 

22 account ‘‘Energy Efficiency and Renewable Energy’’ 

23 for necessary expenses for the Department of Ener24 gy’s H-Prize Program, as authorized by section 


jlentini on DSK4TPTVN1PROD with BILLS
46 

•HR 1861 IH

1 1008(f) of the Energy Policy Act of 2005 (42 

2 U.S.C. 16396(f)). 

3 (13) ENERGY STORAGE FOR TRANSPORTATION

4 AND ELECTRIC POWER.— 

5 (A) The Secretary may transfer amounts 

6 to the account ‘‘Basic Energy Sciences’’ for 

7 necessary expenses for a program to accelerate 

8 basic research on energy storage systems to 

9 support electric drive vehicles, stationary appli10 cations, and electricity transmission and dis11 tribution, as authorized by section 641(p)(1) of 

12 the Energy Independence and Security Act of 

13 2007 (42 U.S.C. 17231(p)(1)). 

14 (B) The Secretary may transfer amounts 

15 to the account ‘‘Energy Efficiency and Renew16 able Energy’’ including— 

17 (i) amounts for a program to accel18 erate applied research on energy storage 

19 systems to support electric drive vehicles, 

20 stationary applications, and electricity 

21 transmission and distribution as authorized 

22 by section 641(p)(2) of the Energy Inde23 pendence and Security Act of 2007 (42 

24 U.S.C. 17231(p)(2)); 


jlentini on DSK4TPTVN1PROD with BILLS
47 

•HR 1861 IH

1 (ii) amounts for energy storage sys2 tems demonstrations as authorized by sec3 tion 641(p)(4) of the Energy Independence 

4 and Security Act of 2007 (42 U.S.C. 

5 17231(p)(4)); and 

6 (iii) amounts for vehicle energy stor7 age systems demonstrations as authorized 

8 by section 641(p)(5) of the Energy Inde9 pendence and Security Act of 2007 (42 

10 U.S.C. 17231(p)(5)). 

11 (e) TRANSFER PROCEDURES.—The Secretary shall 

12 make an initial transfer from the Fund no later than 30 

13 days after the initial deposit of monies into the Fund. The 

14 Secretary shall make additional transfers no later than 30 

15 days after subsequent deposits. 

16 (f) MANAGEMENT AND OVERSIGHT.— 

17 (1) ADDITIONALITY OF FISCAL YEAR 2008

18 TRANSFERS.—All amounts transferred under sub19 section (d) shall be in addition to, and shall not be 

20 substituted for, any funds appropriated for the same 

21 or similar purposes in the Consolidated Appropria22 tions Act, 2008 or any other enacted legislation. 

23 (2) EXCESS FUNDS.—The total of all amounts 

24 transferred under subsection (d) and any funds ap25 propriated for the same or similar purposes in the 


jlentini on DSK4TPTVN1PROD with BILLS
48 

•HR 1861 IH

1 Consolidated Appropriations Act, 2008 or any other 

2 enacted legislation may not exceed the amounts au3 thorized in other Acts for such purposes. In the 

4 event that amounts made available under this title 

5 plus amounts under the Consolidated Appropriations 

6 Act, 2008 exceed the cumulative amounts authorized 

7 in other Acts for any program funded by this Act, 

8 the excess amounts shall be distributed to the other 

9 programs funded by this title on a pro rata basis. 

10 (3) PROGRAM PLANS AND PERFORMANCE MEAS11 URES.—The Secretary shall prepare and publish in 

12 the Federal Register a plan for the proposed use of 

13 all funds authorized in subsection (d). The plan also 

14 shall identify how the use of these funds will be ad15 ditive to, and not displace, annual appropriations. 

16 The plans also shall identify performance measures 

17 to assess the additional benefits that may be realized 

18 from the application of the additional funding pro19 vided under this section. The initial plan shall be 

20 published in the Federal Register not later than 45 

21 days after the date of enactment of this Act. 

22 (4) CONGRESSIONAL OVERSIGHT AND RE23 VIEW.—Nothing in this section shall limit or restrict 

24 the review and oversight of program plans by the ap25 propriate committees of Congress. Nothing in this 


jlentini on DSK4TPTVN1PROD with BILLS
49 

•HR 1861 IH

1 section shall limit or restrict the authority of Con2 gress to set alternative spending limitations in an3 nual appropriations Acts. 

4 (5) APPORTIONMENT.—All transactions of the 

5 Fund shall be exempt from apportionment under the 

6 provisions of subchapter II of chapter 15 of title 31, 

7 United States Code. 

8 TITLE III—CLEANER ENERGY 

9 PRODUCTION AND ENERGY 

10 CONSERVATION INCENTIVES 

11 SEC. 301. EXTENSION OF RENEWABLE ENERGY CREDIT. 

12 (a) IN GENERAL.—Each of the following provisions 

13 of section 45(d) of the Internal Revenue Code of 1986 

14 (relating to qualified facilities) is amended by striking 

15 ‘‘January 1, 2014’’ and inserting ‘‘January 1, 2020’’: 

16 (1) Clauses (i) and (ii) of paragraph (2)(A) (re17 lating to closed-loop biomass facility). 

18 (2) Clauses (i)(I) and (ii) of paragraph (3)(A) 

19 (relating to open-loop biomass facility). 

20 (3) Paragraph (4) (relating to geothermal en21 ergy facility). 

22 (4) Paragraph (6) (relating to landfill gas facili23 ties). 

24 (5) Paragraph (7) (relating to trash combustion 

25 facilities). 


jlentini on DSK4TPTVN1PROD with BILLS
50 

•HR 1861 IH

1 (6) Subparagraphs (A) and (B) of paragraph 

2 (9) (relating to qualified hydropower facility). 

3 (7) Subparagraph (B) of paragraph (11) (relat4 ing to marine and hydrokinetic renewable energy fa5 cilities). 

6 (b) WIND FACILITIES.—Paragraph (1) of section 

7 45(d) of such Code is amended by striking ‘‘January 1, 

8 2013’’ and inserting ‘‘January 1, 2020’’: 

9 SEC. 302. EXTENSION OF CREDIT FOR ENERGY EFFICIENT 

10 APPLIANCES. 

11 (a) DISHWASHERS.—Paragraph (1) of section 

12 45M(b) of the Internal Revenue Code of 1986 (relating 

13 to applicable amount) is amended by striking ‘‘calendar 

14 year 2011’’ each place it appears and inserting ‘‘after 

15 2010 and before 2020’’. 

16 (b) CLOTHES WASHERS.—Paragraph (2) of section 

17 45M(b) of such Code is amended by striking ‘‘calendar 

18 year 2011’’ each place it appears and inserting ‘‘after 

19 2010 and before 2020’’. 

20 (c) REFRIGERATORS.—Paragraph (2) of section 

21 45M(b) of such Code is amended by striking ‘‘calendar 

22 year 2011’’ each place it appears and inserting ‘‘after 

23 2010 and before 2020’’. 


jlentini on DSK4TPTVN1PROD with BILLS
51 

•HR 1861 IH

1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to appliances produced after De3 cember 31, 2011. 

4 SEC. 303. EXTENSION OF CREDIT FOR NONBUSINESS EN5 ERGY PROPERTY. 

6 Section 25C(g) of the Internal Revenue Code of 1986 

7 (relating to termination) is amended by striking ‘‘Decem8 ber 31, 2011’’ and inserting ‘‘December 31, 2019’’. 

9 SEC. 304. EXTENSION OF CREDIT FOR RESIDENTIAL EN10 ERGY EFFICIENT PROPERTY. 

11 Section 25D(g) of the Internal Revenue Code of 1986 

12 (relating to termination) is amended by striking ‘‘Decem13 ber 31, 2016’’ and inserting ‘‘December 31, 2019’’. 

14 SEC. 305. EXTENSION OF NEW ENERGY EFFICIENT HOME 

15 CREDIT. 

16 Subsection (g) of section 45L of the Internal Revenue 

17 Code of 1986 (relating to termination) is amended by 

18 striking ‘‘December 31, 2011’’ and inserting ‘‘December 

19 31, 2019’’. 

20 SEC. 306. EXTENSION OF ENERGY EFFICIENT COMMERCIAL 

21 BUILDINGS DEDUCTION. 

22 Section 179D(h) of the Internal Revenue Code of 

23 1986 (relating to termination) is amended by striking 

24 ‘‘December 31, 2013’’ and inserting ‘‘December 31, 

25 2019’’. 


jlentini on DSK4TPTVN1PROD with BILLS
52 

•HR 1861 IH

1 SEC. 307. EXTENSION OF ENERGY CREDIT. 

2 (a) SOLAR ENERGY PROPERTY.—Paragraphs 

3 (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of the Internal 

4 Revenue Code of 1986 (relating to energy credit) are each 

5 amended by striking ‘‘January 1, 2017’’ and inserting 

6 ‘‘January 1, 2020’’. 

7 (b) FUEL CELL PROPERTY.—Subparagraph (D) of 

8 section 48(c)(1) of such Code (relating to qualified fuel 

9 cell property) is amended by striking ‘‘December 31, 

10 2016’’ and inserting ‘‘December 31, 2019’’. 

11 (c) MICROTURBINE PROPERTY.—Subparagraph (D) 

12 of section 48(c)(2) of such Code (relating to qualified 

13 microturbine property) is amended by striking ‘‘December 

14 31, 2016’’ and inserting ‘‘December 31, 2019’’. 

15 (d) PROPERTY USING THERMAL ENERGY FROM

16 GROUND OR GROUND WATER.—Clause (vii) of section 

17 48(a)(3)(A) of such Code is amended by striking ‘‘Decem18 ber 31, 2017’’ and inserting ‘‘December 31, 2019’’. 

19 (e) COMBINED HEAT AND POWER SYSTEM PROP20 ERTY.—Clause (iv) of section 48(c)(3)(A) of such Code 

21 is amended by striking ‘‘December 31, 2017’’ and insert22 ing ‘‘December 31, 2019’’. 

23 (f) SMALL WIND ENERGY PROPERTY.—Subpara24 graph (C) of section 48(c)(4) of such Code is amended 

25 by striking ‘‘December 31, 2016’’ and inserting ‘‘Decem26 ber 31, 2019’’. 


jlentini on DSK4TPTVN1PROD with BILLS
53 

•HR 1861 IH

1 SEC. 308. EXTENSION OF CREDIT FOR NEW CLEAN RENEW2 ABLE ENERGY BONDS. 

3 Subsection (c) of section 54C of the Internal Revenue 

4 Code of 1986 is amended by adding at the end the fol5 lowing new paragraph: 

6 ‘‘(5) ADDITIONAL ANNUAL ALLOCATIONS.—The 

7 national new clean renewable energy bond limitation 

8 shall be increased annually by 2 percent of the de9 posits made into the Renewable Energy and Energy 

10 Efficiency Reserve under section 8(g)(7) of the 

11 Outer Continental Shelf Lands Act with respect to 

12 such year. Each such increase shall be allocated by 

13 the Secretary consistent with the rules of para14 graphs (2) and (3).’’. 

15 SEC. 309. EXPENSING OF MECHANICAL INSULATION PROP16 ERTY. 

17 (a) IN GENERAL.—Part VI of subchapter B of chap18 ter 1 of subtitle A of the Internal Revenue Code of 1986 

19 (relating to itemized deductions for individuals and cor20 porations) is amended by inserting after section 179E the 

21 following new section: 

22 ‘‘SEC. 179F. MECHANICAL INSULATION PROPERTY. 

23 ‘‘(a) TREATMENT AS EXPENSES.—There shall be al24 lowed as a deduction an amount equal to the applicable 

25 percentage of the cost of mechanical insulation property 

26 placed in service during the taxable year. 


jlentini on DSK4TPTVN1PROD with BILLS
54 

•HR 1861 IH

1 ‘‘(b) APPLICABLE PERCENTAGE.—For purposes of 

2 subsection (a)— 

3 ‘‘(1) IN GENERAL.—The term ‘applicable per4 centage’ means the lesser of— 

5 ‘‘(A) 30 percent, and 

6 ‘‘(B) the excess (if any) of— 

7 ‘‘(i) the energy savings (expressed as 

8 a percentage) obtained by placing such me9 chanical insulation property in service in 

10 connection with a mechanical system, over 

11 ‘‘(ii) the energy savings (expressed as 

12 a percentage) such property is required to 

13 meet by Standard 90.1–2007, developed 

14 and published by the American Society of 

15 Heating, Refrigerating and Air-Condi16 tioning Engineers. 

17 ‘‘(2) SPECIAL RULE RELATING TO MAINTE18 NANCE.—In the case of mechanical insulation prop19 erty placed in service as a replacement for insulation 

20 property— 

21 ‘‘(A) paragraph (1)(B) shall be applied 

22 without regard to clause (ii) thereof, and 

23 ‘‘(B) the cost of such property shall be 

24 treated as an expense for which a deduction is 

25 allowed under section 162 instead of being 


jlentini on DSK4TPTVN1PROD with BILLS
55 

•HR 1861 IH

1 treated as depreciable for purposes of the de2 duction provided by section 167. 

3 ‘‘(c) DEFINITIONS.—For purposes of this section— 

4 ‘‘(1) MECHANICAL INSULATION PROPERTY.— 

5 The term ‘mechanical insulation property’ means in6 sulation materials, facings, and accessory products— 

7 ‘‘(A) placed in service in connection with a 

8 mechanical system which— 

9 ‘‘(i) is located in the United States, 

10 and 

11 ‘‘(ii) is of a character subject to an al12 lowance for depreciation, and 

13 ‘‘(B) utilized for thermal, acoustical, and 

14 personnel safety requirements for mechanical 

15 piping and equipment, hot and cold applica16 tions, and heating, venting and air conditioning 

17 applications which can be used in a variety of 

18 facilities. 

19 ‘‘(2) COST.—The cost of mechanical insulation 

20 property includes— 

21 ‘‘(A) the amounts paid or incurred for the 

22 installation of such property, 

23 ‘‘(B) in the case of removal and disposal of 

24 the old mechanical insulation property, 10 per25 cent of the cost of the new mechanical insulaVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
56 

•HR 1861 IH

1 tion property (determined without regard to 

2 this subparagraph), and 

3 ‘‘(C) expenditures for labor costs properly 

4 allocable to the preparation, assembly, and in5 stallation of mechanical insulation property. 

6 ‘‘(d) COORDINATION.— 

7 ‘‘(1) SECTION 179D.—Subsection (a) shall not 

8 apply to the cost of mechanical insulation property 

9 which is taken into account under section 179D or 

10 which, but for subsection (b) of section 179D, would 

11 be taken into account under such section. 

12 ‘‘(2) OTHER DEDUCTIONS AND CREDITS.— 

13 ‘‘(A) IN GENERAL.—The amount of any 

14 other deduction or credit allowable under this 

15 chapter for any cost of mechanical insulation 

16 property which is taken into account under sub17 section (a) shall be reduced by the amount of 

18 such cost so taken into account. 

19 ‘‘(B) EXCEPTION FOR CERTAIN COSTS.— 

20 Subparagraph (A) shall not apply to any 

21 amount properly attributable to maintenance. 

22 ‘‘(e) ALLOCATION OF DEDUCTION FOR TAX-EXEMPT

23 PROPERTY.—In the case of mechanical insulation prop24 erty installed on or in property owned by an entity de25 scribed in paragraph (3) or (4) of section 50(b), the perVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
57 

•HR 1861 IH

1 son who is the primary contractor for the installation of 

2 such property shall be treated as the taxpayer that placed 

3 such property in service. 

4 ‘‘(f) CERTIFICATION.—For purposes of this section, 

5 energy savings shall be certified under regulations or other 

6 guidance provided by the Secretary, in consultation with 

7 the Secretary of Energy.’’. 

8 (b) DEDUCTION FOR CAPITAL EXPENDITURES.— 

9 Section 263(a)(1) of such Code (relating to capital ex10 penditures) is amended by striking ‘‘or’’ at the end of sub11 paragraph (K), by striking the period at the end of para12 graph (L) and inserting ‘‘, or’’, and by adding at the end 

13 the following new subparagraph: 

14 ‘‘(M) expenditures for which a deduction is 

15 allowed under section 179F.’’. 

16 (c) TECHNICAL AND CLERICAL AMENDMENTS.— 

17 (1) Section 312(k)(3)(B) of such Code is 

18 amended by striking ‘‘or 179E’’ each place it ap19 pears in the text or heading thereof and inserting 

20 ‘‘179E, or 179F’’. 

21 (2) Paragraphs (2)(C) and (3)(C) of section 

22 1245(a) of such Code are each amended by inserting 

23 ‘‘179F,’’ after ‘‘179E,’’. 

24 (3) The table of sections for part VI of sub25 chapter B of chapter 1 of subtitle A of such Code 


jlentini on DSK4TPTVN1PROD with BILLS
58 

•HR 1861 IH

1 is amended by inserting after the item relating to 

2 section 179E the following new item: 

‘‘Sec. 179F. Mechanical insulation property.’’. 

3 (d) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to property placed in service after 

5 the date of enactment of this Act. 

6 TITLE IV—INCREASE DIVER7 SIFICATION AND EFFICIENCY 

8 OF AMERICA’S TRANSPOR9 TATION AND ELECTRIC SYS10 TEM 

11 Subtitle A—Diversification of Fuel 

12 Source for America’s Short-Haul 

13 Transportation System 

14 SEC. 401. MINIMUM FEDERAL FLEET REQUIREMENT. 

15 Section 303 of the Energy Policy Act of 1992 (42 

16 U.S.C. 13212) is amended— 

17 (1) in subsection (b)— 

18 (A) by redesignating paragraphs (2) and 

19 (3) as paragraphs (3) and (4), respectively; 

20 (B) by inserting after paragraph (1) the 

21 following: 

22 ‘‘(2) PLUG-IN ELECTRIC DRIVE VEHICLE OR

23 NEW QUALIFIED ALTERNATIVE FUEL MOTOR VEHI24 CLE.—Of the total number of vehicles acquired by a 

25 Federal fleet under paragraph (1), at least the folVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
59 

•HR 1861 IH

1 lowing percentage of the vehicles shall be plug-in 

2 electric drive vehicles (as defined in section 131(a) 

3 of the Energy Independence and Security Act of 

4 2007 (42 U.S.C. 17011(a))) or new qualified alter5 native fuel motor vehicles: 

6 ‘‘(A) 10 percent for fiscal year 2014. 

7 ‘‘(B) The applicable percentage for the 

8 preceding fiscal year increased by 2 percentage 

9 points (but not to exceed a total of 50 percent) 

10 for fiscal year 2015 and each subsequent fiscal 

11 year.’’; and 

12 (C) in paragraph (3) (as redesignated by 

13 subparagraph (A)), by inserting ‘‘or (2)’’ after 

14 ‘‘paragraph (1)’’; 

15 (2) by striking subsection (c) and inserting the 

16 following: 

17 ‘‘(c) ALLOCATION OF INCREMENTAL COSTS.—Sub18 ject to the availability of funds appropriated to carry out 

19 this subsection (to remain available until expended), the 

20 General Services Administration shall pay the incremental 

21 cost of alternative fuel vehicles over the cost of comparable 

22 gasoline vehicles for vehicles that the Administration pur23 chased for the use of the Administration or on behalf of 

24 other agencies, in a total amount of not to exceed 


jlentini on DSK4TPTVN1PROD with BILLS
60 

•HR 1861 IH

1 $300,000,000 for any of fiscal years 2014 through 

2 2019.’’; 

3 (3) in subsection (f), by adding at the end the 

4 following: 

5 ‘‘(4) COMPLIANCE.—Compliance with this sub6 section shall not relieve the Federal agency of the 

7 obligations of the agency under subsection (b).’’; and 

8 (4) in subsection (g), by striking ‘‘fiscal years 

9 1993 through 1998’’ and inserting ‘‘each fiscal 

10 year’’. 

11 SEC. 402. USE OF HOV FACILITIES BY LIGHT-DUTY, PLUG-IN 

12 ELECTRIC DRIVE VEHICLES OR NEW QUALI13 FIED ALTERNATIVE FUEL MOTOR VEHICLES. 

14 Section 166(b)(5) of title 23, United States Code, is 

15 amended— 

16 (1) in subparagraph (A), by striking ‘‘Before’’ 

17 and inserting ‘‘Except as provided in subparagraph 

18 (D), before’’; 

19 (2) in subparagraph (B), by striking ‘‘Before’’ 

20 and inserting ‘‘Except as provided in subparagraph 

21 (D), before’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(D) USE BY PLUG-IN ELECTRIC DRIVE

24 VEHICLES.— 


jlentini on DSK4TPTVN1PROD with BILLS
61 

•HR 1861 IH

1 ‘‘(i) DEFINITION OF PLUG-IN ELEC2 TRIC DRIVE VEHICLE.—In this subpara3 graph, the term ‘plug-in electric drive vehi4 cle’ has the meaning given the term in sec5 tion 131(a) of the Energy Independence 

6 and Security Act of 2007 (42 U.S.C. 

7 17011(a)). 

8 ‘‘(ii) USE OF HOV FACILITIES.—A 

9 State agency— 

10 ‘‘(I) shall permit vehicles that are 

11 certified as low-emission and energy12 efficient vehicles in accordance with 

13 subsection (e) that are light-duty, 

14 plug-in electric drive vehicles or new 

15 qualified alternative fuel motor vehi16 cles, and that are purchased on or be17 fore December 31 of the calendar year 

18 described in clause (iii), as determined 

19 by the Secretary, to use HOV facili20 ties in the State; and 

21 ‘‘(II) shall not impose any toll or 

22 other charge on such a vehicle for use 

23 of an HOV facility in the State. 

24 ‘‘(iii) CALENDAR YEAR.—The cal25 endar year referred to in clause (ii)(I) is 


jlentini on DSK4TPTVN1PROD with BILLS
62 

•HR 1861 IH

1 the calendar year during which, as deter2 mined by the Secretary, the aggregate 

3 number of plug-in electric drive vehicles 

4 sold in the United States during all cal5 endar years exceeds 2,000,000. 

6 ‘‘(iv) PETITION.—A State may peti7 tion the Secretary to limit or discontinue 

8 the use of an HOV facility by plug-in elec9 tric drive vehicles if the State dem10 onstrates to the Secretary that the pres11 ence of the plug-in electric drive vehicles 

12 has degraded the operation of the HOV fa13 cility.’’. 

14 SEC. 403. RECHARGING INFRASTRUCTURE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) LOCAL GOVERNMENT.—The term ‘‘local 

17 government’’ has the meaning given the term in sec18 tion 3371 of title 5, United States Code. 

19 (2) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 

20 term ‘‘plug-in electric drive vehicle’’ has the meaning 

21 given the term in section 131(a) of the Energy Inde22 pendence and Security Act of 2007 (42 U.S.C. 

23 17011(a)). 

24 (3) NEW QUALIFIED ALTERNATIVE FUELED VE25 HICLE.—The term ‘‘new qualified alternative fueled 


jlentini on DSK4TPTVN1PROD with BILLS
63 

•HR 1861 IH

1 vehicle’’ means a new qualified alternative fuel 

2 motor vehicle (as defined in section 30B(e)(4) of the 

3 Internal Revenue Code of 1986, but determined 

4 without regard to clauses (ii) and (iii) of subpara5 graph (A) thereof). 

6 (4) RANGE EXTENSION INFRASTRUCTURE.— 

7 The term ‘‘range extension infrastructure’’ includes 

8 equipment, products, or services for recharging plug9 in electric drive vehicles that— 

10 (A) are available to retail consumers of 

11 electric drive vehicles on a nondiscriminatory 

12 basis; 

13 (B) provide for extending driving range 

14 through battery exchange or rapid recharging; 

15 and 

16 (C) are comparable in convenience and 

17 price to petroleum-based refueling services. 

18 (b) STUDY.— 

19 (1) IN GENERAL.—The Secretary shall conduct 

20 a study of— 

21 (A) the number and distribution of re22 charging facilities and alternative vehicle fuel 

23 facilities, including range extension infrastruc24 ture, that will be required for drivers of plugVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
64 

•HR 1861 IH

1 in electric drive vehicles to reliably recharge the 

2 electric drive vehicles; 

3 (B) minimum technical standards for pub4 lic recharging facilities in coordination with the 

5 National Institute of Standards and Tech6 nology; and 

7 (C) the concurrent technical and infra8 structure investments that electric utilities and 

9 electricity providers will be required to make to 

10 support widespread deployment of recharging 

11 infrastructure and the estimated costs of the in12 vestments. 

13 (2) COMPONENTS.—In conducting the study re14 quired under this subsection, the Secretary shall 

15 analyze— 

16 (A) the variety and density of recharging 

17 infrastructure options necessary to power plug18 in electric drive vehicles under diverse scenarios, 

19 including— 

20 (i) the ratio of residential, commer21 cial, and public recharging infrastructure 

22 options necessary to support 10 percent, 

23 20 percent, and 50 percent penetration of 

24 plug-in electric vehicles on a city fleet 

25 basis; 


jlentini on DSK4TPTVN1PROD with BILLS
65 

•HR 1861 IH

1 (ii) the ratio of residential, commer2 cial, and public recharging infrastructure 

3 options necessary to support 10 percent, 

4 20 percent, and 50 percent penetration of 

5 plug-in electric vehicles on a national fleet 

6 basis; and 

7 (iii) the potential impact of fast 

8 charging on penetration rates and utility 

9 power management requirements; 

10 (B) whether use of parking spots with ac11 cess to recharging facilities should be limited to 

12 plug-in electric drive vehicles; and 

13 (C) such other issues as the Secretary con14 siders appropriate. 

15 (3) REPORT.—Not later than 1 year after the 

16 date of enactment of this Act, the Secretary shall 

17 submit to the appropriate committees of Congress a 

18 report on the results of the study conducted under 

19 this subsection, including any recommendations. 

20 (c) GRANTS AND LOANS TO STATE AND LOCAL GOV21 ERNMENTS FOR RECHARGING INFRASTRUCTURE.— 

22 (1) IN GENERAL.—Effective beginning 180 

23 days from the date of the enactment of this Act, the 

24 Secretary shall establish a program under which the 

25 Secretary shall provide grants and loans to local govVerDate Mar 15 2010 20:49 May 23, 2011 Jkt 099200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H1861.IH H1861

jlentini on DSK4TPTVN1PROD with BILLS
66 

•HR 1861 IH

1 ernments to assist in the installation of recharging 

2 facilities for electric drive vehicles in areas under the 

3 jurisdiction of the local governments. The Secretary 

4 shall provide funding under this section to State or 

5 local governments to pay not more than 50 percent 

6 of the recharging infrastructure cost. 

7 (2) ELIGIBILITY.—To be eligible to obtain a 

8 grant or loan under this subsection, a local govern9 ment shall— 

10 (A) demonstrate to the Secretary that the 

11 applicant has taken into consideration the find12 ings of the report submitted under subsection 

13 (b)(3), unless the local government dem14 onstrates to the Secretary that an alternative 

15 variety and density of recharging infrastructure 

16 options would better meet the purposes of this 

17 section; and 

18 (B) agree not to charge a premium for use 

19 of a parking space used to recharge an electric 

20 drive vehicle other than a charge for electric en21 ergy. 

22 (3) GUIDELINES.—The Secretary shall establish 

23 guidelines for carrying out this subsection that are 

24 consistent with the report submitted under sub25 section (b)(3). 


jlentini on DSK4TPTVN1PROD with BILLS
67 

•HR 1861 IH

1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to the Sec3 retary to carry out this subsection a total of 

4 $250,000,000 for grants and a total of 

5 $250,000,000 for loans, to remain available until ex6 pended. 

7 SEC. 404. LOAN GUARANTEES FOR ADVANCED BATTERY 

8 PURCHASES. 

9 Subtitle B of title I of the Energy and Independence 

10 and Security Act of 2007 (42 U.S.C. 17011 et seq.) is 

11 amended by adding at the end the following: 

12 ‘‘SEC. 137. LOAN GUARANTEES FOR ADVANCED BATTERY 

13 PURCHASES. 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) PLUG-IN ELECTRIC DRIVE VEHICLE.—The 

16 term ‘plug-in electric drive vehicle’ has the meaning 

17 given the term in section 131(a). 

18 ‘‘(2) RANGE EXTENSION INFRASTRUCTURE.— 

19 The term ‘range extension infrastructure’ includes 

20 equipment, products, or services for recharging plug21 in electric drive vehicles that— 

22 ‘‘(A) are available to retail consumers of 

23 electric drive vehicles on a nondiscriminatory 

24 basis; 


jlentini on DSK4TPTVN1PROD with BILLS
68 

•HR 1861 IH

1 ‘‘(B) provide for extended driving range 

2 through battery exchange or rapid recharging; 

3 and 

4 ‘‘(C) are comparable in convenience and 

5 price to petroleum-based refueling services. 

6 ‘‘(b) LOAN GUARANTEES.—The Secretary shall guar7 antee loans made to eligible entities for the aggregate pur8 chase by an eligible entity of not less than 5,000 batteries 

9 that use advanced battery technology within a calendar 

10 year. 

11 ‘‘(c) ELIGIBLE ENTITIES.—To be eligible to obtain 

12 a loan guarantee under this section, an entity shall be— 

13 ‘‘(1) an original equipment manufacturer; 

14 ‘‘(2) a vehicle manufacturer; 

15 ‘‘(3) an electric utility; 

16 ‘‘(4) any provider of range extension infrastruc17 ture; or 

18 ‘‘(5) any other qualified entity, as determined 

19 by the Secretary. 

20 ‘‘(d) REGULATIONS.—The Secretary shall promul21 gate such regulations as are necessary to carry out this 

22 section. 

23 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as are nec25 essary to carry out this section.’’. 


jlentini on DSK4TPTVN1PROD with BILLS
69 

•HR 1861 IH

1 SEC. 405. STUDY OF END-OF-USEFUL-LIFE OPTIONS FOR 

2 MOTOR VEHICLE BATTERIES. 

3 (a) IN GENERAL.—In combination with the research, 

4 demonstration, and deployment activities conducted under 

5 section 641(k) of the Energy and Independence and Secu6 rity Act of 2007 (42 U.S.C. 17231(k)), the Secretary shall 

7 conduct a study on the end-of-useful-life options for motor 

8 vehicle batteries, including recommendations for sta9 tionary storage applications and recyclability design speci10 fications. 

11 (b) REPORT.—Not later than 1 year after the date 

12 of enactment of this Act, the Secretary shall submit to 

13 the appropriate committees of Congress a report on the 

14 results of the study conducted under subsection (a), in15 cluding any recommendations. 

16 SEC. 406. STUDY AND DEMONSTRATION ELECTRIFICATION 

17 OF POSTAL FLEET. 

18 (a) IN GENERAL.—The Postal Service shall conduct 

19 a study of what portion of its mail delivery vehicles are 

20 capable of being replaced with plug-in hybrid electric vehi21 cles. 

22 (b) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, the Postal Service shall submit 

24 to the appropriate committees of Congress a report on the 

25 results of the study conducted under subsection (a). 


jlentini on DSK4TPTVN1PROD with BILLS
70 

•HR 1861 IH

1 (c) PROTOTYPE PLUG-IN ELECTRIC HYBRID MAIL

2 DELIVERY VEHICLES.—Not later than 2 years after the 

3 date of enactment of this Act, the Postal One service shall 

4 contact for the development of a prototype plug-in electric 

5 hybrid mail delivery vehicles. 

6 SEC. 407. STUDY OF DEVELOPMENT OF COMMON STAND7 ARDS FOR PHEVS AND EVS BETWEEN THE 

8 UNITED STATES, EUROPE AND ASIA. 

9 (a) IN GENERAL.—The Secretary of Energy shall 

10 conduct a study identifying the components of electric ve11 hicles, hybrid-electric vehicles and plug-in hybrid-electric 

12 vehicles for which it is important that there be common 

13 standards within the United States and between the 

14 United States, European and Asian automakers and ex15 amine the extent to which such standards are (or are not) 

16 or have been (or have not been) developed, and the status 

17 of any such efforts to develop such standards. 

18 (b) REPORT.—Not later than 1 year after the date 

19 of enactment of this Act, the Secretary of Energy shall 

20 submit to the appropriate committees of Congress a report 

21 on the results of the study conducted under subsection (a), 

22 including any recommendations. 


jlentini on DSK4TPTVN1PROD with BILLS
71 

•HR 1861 IH

1 Subtitle B—Incentives for 

2 Diversification of Transportation 

3 SEC. 420. AMENDMENT OF 1986 CODE. 

4 Except as otherwise expressly provided, whenever in 

5 this subtitle an amendment or repeal is expressed in terms 

6 of an amendment to, or repeal of, a section or other provi7 sion, the reference shall be considered to be made to a 

8 section or other provision of the Internal Revenue Code 

9 of 1986. 

10 SEC. 421. EXTENSION AND MODIFICATION OF CREDIT FOR 

11 FUEL CELL, HYBRID, LEAN BURN, AND AL12 TERNATIVE FUEL VEHICLES. 

13 (a) EXTENSION OF CREDIT.—Subsection (k) of sec14 tion 30B of the Internal Revenue Code of 1986 is amend15 ed to read as follows: 

16 ‘‘(k) TERMINATION.—This section shall not apply to 

17 any property purchased after December 31, 2019.’’. 

18 (b) APPLICATION TO BI-FUEL, DUEL-FUEL, AND

19 FLEX-FUEL VEHICLES.— 

20 (1) BI-FUEL AND DUEL-FUEL VEHICLES.— 

21 Clause (i) of section 30B(e)(4)(A) (relating to defi22 nition of new qualified alternative fuel motor vehicle) 

23 is amended to read as follows: 

24 ‘‘(i) which is a dedicated vehicle, a bi25 fuel vehicle, or a duel-fuel vehicle,’’. 


jlentini on DSK4TPTVN1PROD with BILLS
72 

•HR 1861 IH

1 (2) FLEX-FUEL VEHICLES.—Subparagraph (B) 

2 of section 30B(e)(4) is amended by inserting ‘‘or 

3 ethanol’’ after ‘‘methanol’’. 

4 (3) BI-FUEL AND DUEL-FUEL VEHICLES DE5 FINED.—Paragraph (5) of section 30B(e) is amend6 ed to read as follows: 

7 ‘‘(5) BI-FUEL AND DUEL-FUEL VEHICLES DE8 FINED.—For purposes of this subsection— 

9 ‘‘(A) BI-FUEL VEHICLE.—The term ‘bi-fuel 

10 vehicle’ means a vehicle which is capable of op11 erating on— 

12 ‘‘(i) compressed natural gas, liquified 

13 natural gas, or liquified petroleum gas, and 

14 ‘‘(ii) gasoline or diesel fuel. 

15 ‘‘(B) DUEL-FUEL VEHICLE.—The term 

16 ‘duel-fuel vehicle’ means a vehicle which is ca17 pable of operating on a mixture of— 

18 ‘‘(i) compressed natural gas, liquified 

19 natural gas, or liquified petroleum gas, and 

20 ‘‘(ii) gasoline or diesel fuel.’’. 

21 (c) APPLICATION TO CONVERSIONS AND REPOWERS

22 OF ALTERNATIVE FUEL VEHICLES.—Paragraph (4) of 

23 section 30B(e) is amended by adding at the end the fol24 lowing new subparagraph: 

25 ‘‘(C) CONVERSIONS AND REPOWERS.— 


jlentini on DSK4TPTVN1PROD with BILLS
73 

•HR 1861 IH

1 ‘‘(i) IN GENERAL.—The term ‘new 

2 qualified alternative fuel motor vehicle’ in3 cludes the conversion or repower of a new 

4 or used vehicle so that it is capable of op5 erating on an alternative fuel as it was not 

6 previously capable of operating on an alter7 native fuel. 

8 ‘‘(ii) TREATMENT AS NEW.—A vehicle 

9 which has been converted to operate on an 

10 alternative fuel shall be treated as new on 

11 the date of such conversion for purposes of 

12 this section. 

13 ‘‘(iii) RULE OF CONSTRUCTION.—In 

14 the case of a used vehicle which is con15 verted or repowered, nothing in this section 

16 shall be construed to require that the 

17 motor vehicle be acquired in the year the 

18 credit is claimed under this section with re19 spect to such vehicle.’’. 

20 (d) REPEAL OF NUMBER LIMITATION ON HYBRIDS

21 AND LEAN-BURN VEHICLES.—Section 30B of such Code 

22 is amended by striking subsection (f). 

23 (e) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to property purchased after De25 cember 31, 2010. 


jlentini on DSK4TPTVN1PROD with BILLS
74 

•HR 1861 IH

1 SEC. 422. EXTENSION AND EXPANSION OF CREDIT FOR NEW 

2 QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR 

3 VEHICLES. 

4 (a) EXTENSION.—Section 30D is amended by adding 

5 at the end the following new subsection: 

6 ‘‘(g) TERMINATION.—This section shall not apply to 

7 any property purchased after December 31, 2019.’’. 

8 (b) RESTORATION OF CREDIT FOR LARGE NEW

9 QUALIFIED PLUG-IN ELECTRIC DRIVE MOTOR VEHICLES

10 WEIGHING OVER 14,000 POUNDS.— 

11 (1) IN GENERAL.—The last sentence of section 

12 30D(b)(3) is amended to read as follows: ‘‘The 

13 amount determined under this paragraph shall not 

14 exceed— 

15 ‘‘(A) $5,000, in the case of any new quali16 fied plug-in electric drive motor vehicle with a 

17 gross vehicle weight rating of not more than 

18 14,000 pounds, 

19 ‘‘(B) $10,000, in the case of any new 

20 qualified plug-in electric drive motor vehicle 

21 with a gross vehicle weight rating of more than 

22 14,000 pounds but not more than 26,000 

23 pounds, and 

24 ‘‘(C) $12,500, in the case of any new 

25 qualified plug-in electric drive motor vehicle 


jlentini on DSK4TPTVN1PROD with BILLS
75 

•HR 1861 IH

1 with a gross vehicle weight rating of more than 

2 26,000 pounds.’’. 

3 (2) CONFORMING AMENDMENTS.—Paragraph 

4 (1) of section 30D(d) is amended by adding ‘‘and’’ 

5 at the end of subparagraph (D), by striking sub6 paragraph (E), and by redesignating subparagraph 

7 (F) as subparagraph (E). 

8 (c) INCREASE IN PER MANUFACTURER CAP.—Para9 graph (2) of section 30D(e) is amended by striking 

10 ‘‘200,000’’ and inserting ‘‘400,000’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to vehicles acquired after the date 

13 of the enactment of this Act. 

14 SEC. 423. EXTENSION OF CREDIT FOR CERTAIN PLUG-IN 

15 ELECTRIC VEHICLES. 

16 (a) IN GENERAL.—Subsection (f) of section 30 is 

17 amended by striking ‘‘December 31, 2011’’ and inserting 

18 ‘‘December 31, 2019’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 this section shall apply to vehicles acquired after the date 

21 of the enactment of this Act. 


jlentini on DSK4TPTVN1PROD with BILLS
76 

•HR 1861 IH

1 SEC. 424. TAX CREDIT FOR MOST EFFICIENT VEHICLE IN 

2 CLASS. 

3 Subpart B of part IV of subchapter A of chapter 1 

4 (relating to other credits) is amended by adding at the 

5 end the following new section: 

6 ‘‘SEC. 30E. MOST EFFICIENT VEHICLE IN CLASS CREDIT. 

7 ‘‘(a) ALLOWANCE OF CREDIT.—There shall be al8 lowed as a credit against the tax imposed by this chapter 

9 for the taxable year an amount equal to $2,000 for each 

10 car that is determined to be the ‘most efficient vehicle in 

11 class’ placed in service by the taxpayer during the taxable 

12 year. 

13 ‘‘(b) MOST EFFICIENT VEHICLE IN CLASS.—For 

14 purposes of this section, the term ‘most efficient vehicle 

15 in class’ means the motor vehicle identified as the most 

16 efficient vehicle in each class of vehicle in the Annual Fuel 

17 Economy Guide published by the Environmental Protec18 tion Agency.’’. 

19 SEC. 425. EXTENSION OF CREDIT AND EXTENSION OF TEM20 PORARY INCREASE IN CREDIT FOR ALTER21 NATIVE FUEL VEHICLE REFUELING PROP22 ERTY. 

23 (a) EXTENSION OF CREDIT.—Subsection (g) of sec24 tion 30C is amended by striking ‘‘service—’’ and all that 

25 follows and inserting ‘‘service after December 31, 2019.’’. 


jlentini on DSK4TPTVN1PROD with BILLS
77 

•HR 1861 IH

1 (b) EXTENSION OF TEMPORARY INCREASE.—Para2 graph (6) of section 30C(e) is amended— 

3 (1) by striking ‘‘January 1, 2011’’ and insert4 ing ‘‘January 1, 2020’’, and 

5 (2) by striking ‘‘AND 2010’’ in the heading and 

6 inserting ‘‘THROUGH 2019’’. 

7 (c) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to taxable years beginning after 

9 December 31, 2010. 

10 SEC. 426. MODIFICATION OF ALTERNATIVE FUEL CREDIT. 

11 (a) ALTERNATIVE FUEL CREDIT.—Paragraph (5) of 

12 section 6426(d) (relating to alternative fuel credit) is 

13 amended by inserting ‘‘, and December 31, 2019, in the 

14 case of any sale or use involving compressed or liquefied 

15 natural gas or liquified petroleum gas’’ after ‘‘hydrogen’’. 

16 (b) ALTERNATIVE FUEL MIXTURE CREDIT.—Para17 graph (3) of section 6426(e) is amended by inserting ‘‘, 

18 and December 31, 2019, in the case of any sale or use 

19 involving compressed or liquefied natural gas or liquified 

20 petroleum gas’’ after ‘‘hydrogen’’. 

21 (c) PAYMENTS RELATING TO ALTERNATIVE FUEL OR

22 ALTERNATIVE FUEL MIXTURES.—Paragraph (6) of sec23 tion 6427(e) is amended— 

24 (1) in subparagraph (C)— 


jlentini on DSK4TPTVN1PROD with BILLS
78 

•HR 1861 IH

1 (A) by striking ‘‘subparagraph (D)’’ and 

2 inserting ‘‘subparagraphs (D) and (E)’’, and 

3 (B) by striking ‘‘and’’ at the end thereof, 

4 (2) by striking the period at the end of sub5 paragraph (D) and inserting ‘‘, and’’, and 

6 (3) by inserting at the end the following: 

7 ‘‘(E) any alternative fuel or alternative fuel 

8 mixture (as so defined) involving compressed or 

9 liquefied natural gas or liquified petroleum gas 

10 sold or used after December 31, 2016.’’. 

11 (d) EFFECTIVE DATE.—The amendments made by 

12 this section shall apply to fuel sold or used after the date 

13 of the enactment of this Act. 

14 SEC. 427. EXTENSION OF CREDITS FOR BIODIESEL AND RE15 NEWABLE DIESEL. 

16 (a) IN GENERAL.—Sections 40A(g), 6426(c)(6), and 

17 6427(e)(6)(B) are each amended by striking ‘‘December 

18 31, 2011’’ and inserting ‘‘December 31, 2019’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply to fuel produced, and sold or used, 

21 after December 31, 2011. 


jlentini on DSK4TPTVN1PROD with BILLS
79 

•HR 1861 IH

1 Subtitle C—Low-Carbon 

2 Diversification of Electric System 

3 SEC. 431. INNOVATIVE LOW-CARBON LOAN GUARANTEE 

4 PROGRAM. 

5 Section 1703 of the Energy Policy Act of 2005 (42 

6 U.S.C. 16513) is amended— 

7 (1) in subsection (b), by adding at the end the 

8 following: 

9 ‘‘(11) Innovative low-carbon technology projects 

10 in accordance with subsection (f).’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(f) INNOVATIVE LOW-CARBON TECHNOLOGY

13 PROJECTS.— 

14 ‘‘(1) IN GENERAL.—The Secretary may make 

15 guarantees to carry out innovative low-carbon tech16 nologies projects. 

17 ‘‘(2) FUNDING.— 

18 ‘‘(A) IN GENERAL.—Subject to the Federal 

19 Credit Reform Act of 1990 (2 U.S.C. 661 et 

20 seq.), the total principal amount of loans guar21 anteed to carry out projects under this sub22 section shall not exceed $50,000,000,000, to re23 main available until committed. 

24 ‘‘(B) ADDITIONAL AMOUNTS.—Amounts 

25 made available to carry out this subsection shall 


jlentini on DSK4TPTVN1PROD with BILLS
80 

•HR 1861 IH

1 be in addition to any other authority provided 

2 for fiscal year 2010 or any previous fiscal year. 

3 ‘‘(C) SOURCE OF FUNDS.— 

4 ‘‘(i) IN GENERAL.—Amounts made 

5 available to carry out this subsection shall 

6 be— 

7 ‘‘(I) derived from amounts re8 ceived from borrowers pursuant to 

9 section 1702(b)(2) for fiscal year 

10 2010 or any previous fiscal year; and 

11 ‘‘(II) collected in accordance with 

12 the Federal Credit Reform Act of 

13 1990 (2 U.S.C. 661 et seq.). 

14 ‘‘(ii) TREATMENT.—The source of 

15 payment received from borrowers described 

16 in clause (i) shall be not considered a loan 

17 or other debt obligation that is guaranteed 

18 by the Federal Government. 

19 ‘‘(D) SUBSIDY COST.—In accordance with 

20 section 1702(b)(2), no appropriations to carry 

21 out this subsection shall be available to pay the 

22 subsidy cost of guarantees.’’. 


jlentini on DSK4TPTVN1PROD with BILLS
81 

•HR 1861 IH

1 SEC. 432. ENSURING REVENUES ARE SUFFICIENT FOR IM2 PLEMENTATION OF TITLE IV. 

3 (a) Any programs or directives established by title IV 

4 of this Act, such as sections 401, 403, and 431, but not 

5 extensions of tax credits, shall be offset with funds in the 

6 Carbon Free Reserve account established in section 107. 

7 (b) Once the reserve account’s balance has funds suf8 ficient to offset the costs of these provisions, the Secretary 

9 of Energy shall submit a plan to Congress within 180 days 

10 to begin implementation of those provisions. 

Æ 


jlentini on DSK4TPTVN1PROD with BILLS