HR 2454 PCS
sponsibilities with respect to closed geologic se-
questration sites; 
(D) private sector mechanisms, including 
insurance and bonding, that may be available to 
manage environmental, health and safety risk 
from closed geologic sequestration sites; and 
(E) the subsurface mineral rights, water 
rights, or property rights issues associated with 
geologic sequestration of carbon dioxide, includ-
ing issues specific to Federal lands. 
(2) REPORT.—Not later than 18 months after 
the date of enactment of this Act, the task force es-
tablished under paragraph (1) shall submit to Con-
gress a report describing the results of the study 
conducted under that paragraph including any con-
sensus recommendations of the task force. 
(b) ENVIRONMENTAL STATUTES.— 
(1) STUDY.—The Administrator shall conduct a 
study 
examining 
how, 
and 
under 
what 
cir-
cumstances, the environmental statutes for which 
the Environmental Protection Agency has responsi-
bility would apply to carbon dioxide injection and 
geologic sequestration activities. 
(2) REPORT.—Not later than 1 year after the 
date of enactment of this Act, the Administrator 
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shall submit to Congress a report describing the re-
sults of the study conducted under paragraph (1). 
SEC. 114. CARBON CAPTURE AND SEQUESTRATION DEM-
ONSTRATION AND EARLY DEPLOYMENT PRO-
GRAM. 
(a) DEFINITIONS.—For purposes of this section: 
(1) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Energy. 
(2) DISTRIBUTION
UTILITY.—The term ‘‘dis-
tribution utility’’ means an entity that distributes 
electricity directly to retail consumers under a legal, 
regulatory, or contractual obligation to do so. 
(3) ELECTRIC
UTILITY.—The term ‘‘electric 
utility’’ has the meaning provided by section 3(22) 
of the Federal Power Act (16 U.S.C. 796(22)). 
(4) FOSSIL
FUEL-BASED
ELECTRICITY.—The 
term ‘‘fossil fuel-based electricity’’ means electricity 
that is produced from the combustion of fossil fuels. 
(5) FOSSIL
FUEL.—The term ‘‘fossil fuel’’ 
means coal, petroleum, natural gas or any derivative 
of coal, petroleum, or natural gas. 
(6) CORPORATION.—The term ‘‘Corporation’’ 
means the Carbon Storage Research Corporation es-
tablished in accordance with this section. 
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(7) QUALIFIED INDUSTRY ORGANIZATION.—The 
term ‘‘qualified industry organization’’ means the 
Edison Electric Institute, the American Public 
Power Association, the National Rural Electric Co-
operative Association, a successor organization of 
such organizations, or a group of owners or opera-
tors of distribution utilities delivering fossil fuel- 
based electricity who collectively represent at least 
20 percent of the volume of fossil fuel-based elec-
tricity delivered by distribution utilities to consumers 
in the United States. 
(8) RETAIL CONSUMER.—The term ‘‘retail con-
sumer’’ means an end-user of electricity. 
(b) CARBON STORAGE RESEARCH CORPORATION.— 
(1) ESTABLISHMENT.— 
(A) REFERENDUM.—Qualified industry or-
ganizations may conduct, at their own expense, 
a referendum among the owners or operators of 
distribution utilities delivering fossil fuel-based 
electricity for the creation of a Carbon Storage 
Research Corporation. Such referendum shall 
be conducted by an independent auditing firm 
agreed to by the qualified industry organiza-
tions. Voting rights in such referendum shall be 
based on the quantity of fossil fuel-based elec-
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tricity delivered to consumers in the previous 
calendar year or other representative period as 
determined by the Secretary pursuant to sub-
section (f). Upon approval of those persons rep-
resenting two-thirds of the total quantity of fos-
sil fuel-based electricity delivered to retail con-
sumers, the Corporation shall be established un-
less opposed by the State regulatory authorities 
pursuant to subparagraph (B). All distribution 
utilities voting in the referendum shall certify to 
the independent auditing firm the quantity of 
fossil fuel-based electricity represented by their 
vote. 
(B) STATE REGULATORY AUTHORITIES.— 
Upon its own motion or the petition of a quali-
fied industry organization, each State regu-
latory authority shall consider its support or op-
position to the creation of the Corporation 
under subparagraph (A). State regulatory au-
thorities may notify the independent auditing 
firm referred to in subparagraph (A) of their 
views on the creation of the Corporation within 
180 days after the date of enactment of this 
Act. If 40 percent or more of the State regu-
latory authorities submit to the independent au-
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diting firm written notices of opposition, the 
Corporation shall not be established notwith-
standing the approval of the qualified industry 
organizations as provided in subparagraph (A). 
(2) TERMINATION.—The Corporation shall be 
authorized to collect assessments and conduct oper-
ations pursuant to this section for a 10-year period 
from the date 6 months after the date of enactment 
of this Act. After such 10-year period, the Corpora-
tion is no longer authorized to collect assessments 
and shall be dissolved on the date 15 years after 
such date of enactment, unless the period is ex-
tended by an Act of Congress. 
(3) GOVERNANCE.—The Corporation shall oper-
ate as a division or affiliate of the Electric Power 
Research Institute (referred to in this section as 
‘‘EPRI’’) and be managed by a Board of not more 
than 15 voting members responsible for its oper-
ations, including compliance with this section. EPRI, 
in consultation with the Edison Electric Institute, 
the American Public Power Association and the Na-
tional Rural Electric Cooperative Association shall 
appoint the Board members under clauses (i), (ii), 
and (iii) of subparagraph (A) from among can-
didates recommended by those organizations. At 
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least a majority of the Board members appointed by 
EPRI shall be representatives of distribution utilities 
subject to assessments under subsection (d). 
(A) MEMBERS.—The Board shall include 
at least one representative of each of the fol-
lowing: 
(i) Investor-owned utilities. 
(ii) Utilities owned by a State agency, 
a municipality, and an Indian tribe. 
(iii) Rural electric cooperatives. 
(iv) Fossil fuel producers. 
(v) Nonprofit environmental organiza-
tions. 
(vi) Independent generators or whole-
sale power providers. 
(vii) Consumer groups. 
(B) NONVOTING
MEMBERS.—The Board 
shall also include as additional nonvoting Mem-
bers the Secretary of Energy or his designee 
and 2 representatives of State regulatory au-
thorities as defined in section 3(17) of the Pub-
lic Utility Regulatory Policies Act of 1978 (16 
U.S.C. 2602(17)), each designated by the Na-
tional Association of State Regulatory Utility 
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Commissioners from States that are not within 
the same transmission interconnection. 
(4) COMPENSATION.—Corporation Board mem-
bers shall receive no compensation for their services, 
nor shall Corporation Board members be reimbursed 
for expenses relating to their service. 
(5) TERMS.—Corporation Board members shall 
serve terms of 4 years and may serve not more than 
2 full consecutive terms. Members filling unexpired 
terms may serve not more than a total of 8 consecu-
tive years. Former members of the Corporation 
Board may be reappointed to the Corporation Board 
if they have not been members for a period of 2 
years. Initial appointments to the Corporation Board 
shall be for terms of 1, 2, 3, and 4 years, staggered 
to provide for the selection of 3 members each year. 
(6) STATUS OF CORPORATION.—The Corpora-
tion shall not be considered to be an agency, depart-
ment, or instrumentality of the United States, and 
no officer or director or employee of the Corporation 
shall be considered to be an officer or employee of 
the United States Government, for purposes of title 
5 or title 31 of the United States Code, or for any 
other purpose, and no funds of the Corporation shall 
be treated as public money for purposes of chapter 
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33 of title 31, United States Code, or for any other 
purpose. 
(c) FUNCTIONS AND ADMINISTRATION OF THE COR-
PORATION.— 
(1) IN GENERAL.—The Corporation shall estab-
lish and administer a program to accelerate the com-
mercial availability of carbon dioxide capture and 
storage technologies and methods, including tech-
nologies which capture and store, or capture and 
convert, carbon dioxide. Under such program com-
petitively awarded grants, contracts, and financial 
assistance shall be provided and entered into with el-
igible entities. Except as provided in paragraph (8), 
the Corporation shall use all funds derived from as-
sessments under subsection (d) to issue grants and 
contracts to eligible entities. 
(2) PURPOSE.—The purposes of the grants, 
contracts, and assistance under this subsection shall 
be to support commercial-scale demonstrations of 
carbon capture or storage technology projects capa-
ble of advancing the technologies to commercial 
readiness. Such projects should encompass a range 
of different coal and other fossil fuel varieties, be 
geographically diverse, involve diverse storage media, 
and employ capture or storage, or capture and con-
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version, technologies potentially suitable either for 
new or for retrofit applications. The Corporation 
shall seek, to the extent feasible, to support at least 
5 commercial-scale demonstration projects inte-
grating carbon capture and sequestration or conver-
sion technologies. 
(3) ELIGIBLE ENTITIES.—Entities eligible for 
grants, contracts or assistance under this subsection 
may include distribution utilities, electric utilities 
and other private entities, academic institutions, na-
tional laboratories, Federal research agencies, State 
and tribal research agencies, nonprofit organizations, 
or consortiums of 2 or more entities. Pilot-scale and 
similar small-scale projects are not eligible for sup-
port by the Corporation. Owners or developers of 
projects supported by the Corporation shall, where 
appropriate, share in the costs of such projects. 
(4) GRANTS FOR EARLY MOVERS.—Fifty per-
cent of the funds raised under this section shall be 
provided in the form of grants to electric utilities 
that had, prior to the award of any grant under this 
section, committed resources to deploy a large scale 
electricity generation unit with integrated carbon 
capture and sequestration or conversion applied to a 
substantial portion of the unit’s carbon dioxide emis-
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sions.
Grant funds shall be provided to defray costs 
incurred by such electricity utilities for at least 5 
such electricity generation units. 
(5) ADMINISTRATION.—The members of the 
Board of Directors of the Corporation shall elect a 
Chairman and other officers as necessary, may es-
tablish committees and subcommittees of the Cor-
poration, and shall adopt rules and bylaws for the 
conduct of business and the implementation of this 
section. The Board shall appoint an Executive Di-
rector and professional support staff who may be 
employees of the Electric Power Research Institute 
(EPRI). After consultation with the Technical Advi-
sory Committee established under subsection (j), the 
Secretary, and the Director of the National Energy 
Technology Laboratory to obtain advice and rec-
ommendations on plans, programs, and project selec-
tion criteria, the Board shall establish priorities for 
grants, contracts, and assistance; publish requests 
for proposals for grants, contracts, and assistance; 
and award grants, contracts, and assistance competi-
tively, on the basis of merit, after the establishment 
of procedures that provide for scientific peer review 
by the Technical Advisory Committee. The Board 
shall give preference to applications that reflect the 
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best overall value and prospect for achieving the 
purposes of the section, such as those which dem-
onstrate an integrated approach for capture and 
storage or capture and conversion technologies. The 
Board members shall not participate in making 
grants or awards to entities with whom they are af-
filiated. 
(6) USES OF GRANTS, CONTRACTS, AND ASSIST-
ANCE.—A grant, contract, or other assistance pro-
vided under this subsection may be used to purchase 
carbon dioxide when needed to conduct tests of car-
bon dioxide storage sites, in the case of established 
projects that are storing carbon dioxide emissions, or 
for other purposes consistent with the purposes of 
this section. The Corporation shall make publicly 
available at no cost information learned as a result 
of projects which it supports financially. 
(7) INTELLECTUAL
PROPERTY.—The Board 
shall establish policies regarding the ownership of in-
tellectual property developed as a result of Corpora-
tion grants and other forms of technology support. 
Such policies shall encourage individual ingenuity 
and invention. 
(8) ADMINISTRATIVE EXPENSES.—Up to 5 per-
cent of the funds collected in any fiscal year under 
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subsection (d) may be used for the administrative 
expenses of operating the Corporation (not including 
costs incurred in the determination and collection of 
the assessments pursuant to subsection (d)). 
(9) PROGRAMS AND BUDGET.—Before August 1 
each year, the Corporation, after consulting with the 
Technical Advisory Committee and the Secretary 
and the Director of the Department’s National En-
ergy Technology Laboratory and other interested 
parties to obtain advice and recommendations, shall 
publish for public review and comment its proposed 
plans, programs, project selection criteria, and 
projects to be funded by the Corporation for the 
next calendar year. The Corporation shall also pub-
lish for public review and comment a budget plan for 
the next calendar year, including the probable costs 
of all programs, projects, and contracts and a rec-
ommended rate of assessment sufficient to cover 
such costs. The Secretary may recommend programs 
and activities the Secretary considers appropriate. 
The Corporation shall include in the first publication 
it issues under this paragraph a strategic plan or 
roadmap for the achievement of the purposes of the 
Corporation, as set forth in paragraph (2). 
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(10) RECORDS; AUDITS.—The Corporation shall 
keep minutes, books, and records that clearly reflect 
all of the acts and transactions of the Corporation 
and make public such information. The books of the 
Corporation shall be audited by a certified public ac-
countant at least once each fiscal year and at such 
other times as the Corporation may designate. Cop-
ies of each audit shall be provided to the Congress, 
all Corporation board members, all qualified indus-
try organizations, each State regulatory authority 
and, upon request, to other members of the industry. 
If the audit determines that the Corporation’s prac-
tices fail to meet generally accepted accounting prin-
ciples the assessment collection authority of the Cor-
poration under subsection (d) shall be suspended 
until a certified public accountant renders a subse-
quent opinion that the failure has been corrected. 
The Corporation shall make its books and records 
available for review by the Secretary or the Comp-
troller General of the United States. 
(11) 
PUBLIC
ACCESS.—The 
Corporation 
Board’s meetings shall be open to the public and 
shall occur after at least 30 days advance public no-
tice. Meetings of the Board of Directors may be 
closed to the public where the agenda of such meet-
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ings includes only confidential matters pertaining to 
project selection, the award of grants or contracts, 
personnel matters, or the receipt of legal advice. The 
minutes of all meetings of the Corporation shall be 
made available to and readily accessible by the pub-
lic. 
(12) ANNUAL
REPORT.—Each year the Cor-
poration shall prepare and make publicly available a 
report which includes an identification and descrip-
tion of all programs and projects undertaken by the 
Corporation during the previous year. The report 
shall also detail the allocation or planned allocation 
of Corporation resources for each such program and 
project. The Corporation shall provide its annual re-
port to the Congress, the Secretary, each State regu-
latory authority, and upon request to the public. The 
Secretary shall, not less than 60 days after receiving 
such report, provide to the President and Congress 
a report assessing the progress of the Corporation in 
meeting the objectives of this section. 
(d) ASSESSMENTS.— 
(1) AMOUNT.—(A) In all calendar years fol-
lowing its establishment, the Corporation shall col-
lect an assessment on distribution utilities for all 
fossil fuel-based electricity delivered directly to retail 
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consumers (as determined under subsection (f)). The 
assessments shall reflect the relative carbon dioxide 
emission rates of different fossil fuel-based elec-
tricity, and initially shall be not less than the fol-
lowing amounts for coal, natural gas, and oil: 
Fuel type 
Rate of assessment 
per kilowatt hour 
Coal ...................................................................
$0.00043 
Natural Gas ......................................................
$0.00022 
Oil .....................................................................
$0.00032. 
(B) The Corporation is authorized to adjust the 
assessments on fossil fuel-based electricity to reflect 
changes in the expected quantities of such electricity 
from different fuel types, such that the assessments 
generate not less than $1.0 billion and not more 
than $1.1 billion annually. The Corporation is au-
thorized to supplement assessments through addi-
tional financial commitments. 
(2) INVESTMENT
OF
FUNDS.—Pending dis-
bursement pursuant to a program, plan, or project, 
the Corporation may invest funds collected through 
assessments under this subsection, and any other 
funds received by the Corporation, only in obliga-
tions of the United States or any agency thereof, in 
general obligations of any State or any political sub-
division thereof, in any interest-bearing account or 
certificate of deposit of a bank that is a member of 
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the Federal Reserve System, or in obligations fully 
guaranteed as to principal and interest by the 
United States. 
(3) REVERSION
OF
UNUSED
FUNDS.—If the 
Corporation does not disburse, dedicate or assign 75 
percent or more of the available proceeds of the as-
sessed fees in any calendar year 7 or more years fol-
lowing its establishment, due to an absence of quali-
fied projects or similar circumstances, it shall reim-
burse the remaining undedicated or unassigned bal-
ance of such fees, less administrative and other ex-
penses authorized by this section, to the distribution 
utilities upon which such fees were assessed, in pro-
portion to their collected assessments. 
(e) ERCOT.— 
(1) ASSESSMENT, COLLECTION, AND
REMIT-
TANCE.—(A) Notwithstanding any other provision of 
this section, within ERCOT, the assessment pro-
vided for in subsection (d) shall be— 
(i) levied directly on qualified scheduling 
entities, or their successor entities; 
(ii) charged consistent with other charges 
imposed on qualified scheduling entities as a fee 
on energy used by the load-serving entities; and 
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(iii) collected and remitted by ERCOT to 
the Corporation in the amounts and in the 
same manner as set forth in subsection (d). 
(B) The assessment amounts referred to in sub-
paragraph (A) shall be— 
(i) determined by the amount and types of 
fossil fuel-based electricity delivered directly to 
all retail customers in the prior calendar year 
beginning with the year ending immediately 
prior to the period described in subsection 
(b)(2); and 
(ii) take into account the number of renew-
able energy credits retired by the load-serving 
entities represented by a qualified scheduling 
entity within the prior calendar year. 
(2) ADMINISTRATION EXPENSES.—Up to 1 per-
cent of the funds collected in any fiscal year by 
ERCOT under the provisions of this subsection may 
be used for the administrative expenses incurred in 
the determination, collection and remittance of the 
assessments to the Corporation. 
(3) AUDIT.—ERCOT shall provide a copy of its 
annual audit pertaining to the administration of the 
provisions of this subsection to the Corporation. 
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(4) DEFINITIONS.—For the purposes of this 
subsection: 
(A) The term ‘‘ERCOT’’ means the Elec-
tric Reliability Council of Texas. 
(B) The term ‘‘load-serving entities’’ has 
the meaning adopted by ERCOT Protocols and 
in effect on the date of enactment of this Act. 
(C) The term ‘‘qualified scheduling enti-
ties’’ has the meaning adopted by ERCOT Pro-
tocols and in effect on the date of enactment of 
this Act. 
(D) The term ‘‘renewable energy credit’’ 
has the meaning as promulgated and adopted 
by the Public Utility Commission of Texas pur-
suant to section 39.904(b) of the Public Utility 
Regulatory Act of 1999, and in effect on the 
date of enactment of this Act. 
(f) DETERMINATION OF FOSSIL FUEL-BASED ELEC-
TRICITY DELIVERIES.— 
(1) FINDINGS.—The Congress finds that: 
(A) The assessments under subsection (d) 
are to be collected based on the amount of fossil 
fuel-based electricity delivered by each distribu-
tion utility. 
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(B) Since many distribution utilities pur-
chase all or part of their retail consumer’s elec-
tricity needs from other entities, it may not be 
practical to determine the precise fuel mix for 
the power sold by each individual distribution 
utility. 
(C) It may be necessary to use average 
data, often on a regional basis with reference to 
Regional Transmission Organization (‘‘RTO’’) 
or NERC regions, to make the determinations 
necessary for making assessments. 
(2) DOE PROPOSED
RULE.—The Secretary, 
acting in close consultation with the Energy Infor-
mation Administration, shall issue for notice and 
comment a proposed rule to determine the level of 
fossil fuel electricity delivered to retail customers by 
each distribution utility in the United States during 
the most recent calendar year or other period deter-
mined to be most appropriate. Such proposed rule 
shall balance the need to be efficient, reasonably pre-
cise, and timely, taking into account the nature and 
cost of data currently available and the nature of 
markets and regulation in effect in various regions 
of the country. Different methodologies may be ap-
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plied in different regions if appropriate to obtain the 
best balance of such factors. 
(3) FINAL RULE.—Within 6 months after the 
date of enactment of this Act, and after opportunity 
for comment, the Secretary shall issue a final rule 
under this subsection for determining the level and 
type of fossil fuel-based electricity delivered to retail 
customers by each distribution utility in the United 
States during the appropriate period. In issuing 
such rule, the Secretary may consider opportunities 
and costs to develop new data sources in the future 
and issue recommendations for the Energy Informa-
tion Administration or other entities to collect such 
data. After notice and opportunity for comment the 
Secretary may, by rule, subsequently update and 
modify the methodology for making such determina-
tions. 
(4) ANNUAL
DETERMINATIONS.—Pursuant to 
the final rule issued under paragraph (3), the Sec-
retary shall make annual determinations of the 
amounts and types for each such utility and publish 
such determinations in the Federal Register. Such 
determinations shall be used to conduct the ref-
erendum under subsection (b) and by the Corpora-
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tion in applying any assessment under this sub-
section. 
(5) REHEARING AND JUDICIAL REVIEW.—The 
owner or operator of any distribution utility that be-
lieves that the Secretary has misapplied the method-
ology in the final rule in determining the amount 
and types of fossil fuel electricity delivered by such 
distribution utility may seek rehearing of such deter-
mination within 30 days of publication of the deter-
mination in the Federal Register. The Secretary 
shall decide such rehearing petitions within 30 days. 
The Secretary’s determinations following rehearing 
shall be final and subject to judicial review in the 
United States Court of Appeals for the District of 
Columbia. 
(g) COMPLIANCE
WITH
CORPORATION
ASSESS-
MENTS.—The Corporation may bring an action in the ap-
propriate court of the United States to compel compliance 
with an assessment levied by the Corporation under this 
section. A successful action for compliance under this sub-
section may also require payment by the defendant of the 
costs incurred by the Corporation in bringing such action. 
(h) MIDCOURSE REVIEW.—Not later than 5 years 
following establishment of the Corporation, the Comp-
troller General of the United States shall prepare an anal-
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ysis, and report to Congress, assessing the Corporation’s 
activities, including project selection and methods of dis-
bursement of assessed fees, impacts on the prospects for 
commercialization of carbon capture and storage tech-
nologies, adequacy of funding, and administration of 
funds. The report shall also make such recommendations 
as may be appropriate in each of these areas. The Cor-
poration shall reimburse the Government Accountability 
Office for the costs associated with performing this mid-
course review. 
(i) RECOVERY OF COSTS.— 
(1) IN GENERAL.—A distribution utility whose 
transmission, delivery, or sales of electric energy are 
subject to any form of rate regulation shall not be 
denied the opportunity to recover the full amount of 
the prudently incurred costs associated with com-
plying with this section, consistent with applicable 
State or Federal law. 
(2) RATEPAYER REBATES.—Regulatory authori-
ties that approve cost recovery pursuant to para-
graph (1) may order rebates to ratepayers to the ex-
tent that distribution utilities are reimbursed 
undedicated or unassigned balances pursuant to sub-
section (d)(3). 
(j) TECHNICAL ADVISORY COMMITTEE.— 
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(1) ESTABLISHMENT.—There is established an 
advisory committee, to be known as the ‘‘Technical 
Advisory Committee’’. 
(2) MEMBERSHIP.—The Technical Advisory 
Committee shall be comprised of not less than 7 
members appointed by the Board from among aca-
demic institutions, national laboratories, independent 
research institutions, and other qualified institu-
tions. No member of the Committee shall be affili-
ated with EPRI or with any organization having 
members serving on the Board. At least one member 
of the Committee shall be appointed from among of-
ficers or employees of the Department of Energy 
recommended to the Board by the Secretary of En-
ergy. 
(3) CHAIRPERSON AND VICE CHAIRPERSON.— 
The Board shall designate one member of the Tech-
nical Advisory Committee to serve as Chairperson of 
the Committee and one to serve as Vice Chairperson 
of the Committee. 
(4) COMPENSATION.—The Board shall provide 
compensation to members of the Technical Advisory 
Committee for travel and other incidental expenses 
and such other compensation as the Board deter-
mines to be necessary. 
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(5) PURPOSE.—The Technical Advisory Com-
mittee shall provide independent assessments and 
technical evaluations, as well as make non-binding 
recommendations to the Board, concerning Corpora-
tion activities, including but not limited to the fol-
lowing: 
(A) Reviewing and evaluating the Corpora-
tion’s plans and budgets described in subsection 
(c)(9), as well as any other appropriate areas, 
which could include approaches to prioritizing 
technologies, appropriateness of engineering 
techniques, monitoring and verification tech-
nologies for storage, geological site selection, 
and cost control measures. 
(B) 
Making 
annual 
non-binding 
rec-
ommendations to the Board concerning any of 
the matters referred to in subparagraph (A), as 
well as what types of investments, scientific re-
search, or engineering practices would best fur-
ther the goals of the Corporation. 
(6) PUBLIC AVAILABILITY.—All reports, evalua-
tions, and other materials of the Technical Advisory 
Committee shall be made available to the public by 
the Board, without charge, at time of receipt by the 
Board. 
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(k) LOBBYING RESTRICTIONS.—No funds collected 
by the Corporation shall be used in any manner for influ-
encing legislation or elections, except that the Corporation 
may recommend to the Secretary and the Congress 
changes in this section or other statutes that would fur-
ther the purposes of this section. 
(l) DAVIS-BACON COMPLIANCE.—The Corporation 
shall ensure that entities receiving grants, contracts, or 
other financial support from the Corporation for the 
project activities authorized by this section are in compli-
ance with the Davis-Bacon Act (40 U.S.C. 276a–276a– 
5). 
SEC. 115. COMMERCIAL DEPLOYMENT OF CARBON CAP-
TURE AND SEQUESTRATION TECHNOLOGIES. 
Part H of title VII of the Clean Air Act (as added 
by section 321 of this Act) is amended by adding the fol-
lowing new section after section 785: 
‘‘SEC. 786. COMMERCIAL DEPLOYMENT OF CARBON CAP-
TURE AND SEQUESTRATION TECHNOLOGIES. 
‘‘(a) REGULATIONS.—Not later than 2 years after 
the date of enactment of this title, the Administrator shall 
promulgate regulations providing for the distribution of 
emission allowances allocated pursuant to section 782(f), 
pursuant to the requirements of this section, to support 
the commercial deployment of carbon capture and seques-
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serting ‘‘The term ‘State’ includes the District of 
Columbia, American Samoa, Guam, the Common-
wealth of the Northern Mariana Islands, Puerto 
Rico, and the Virgin Islands.’’; 
(3) in section 793(c)— 
(A) in paragraph (2)(A), by striking ‘‘51 
States’’ and inserting ‘‘56 States’’; 
(B) in paragraph (2)(A), by striking ‘‘1.96 
percent’’ and inserting ‘‘1.785 percent’’; 
(C) in paragraph (2)(B), by striking ‘‘51 
States’’ and inserting ‘‘56 States’’; and 
(D) in paragraph (2)(B), by amending 
clause (ii) to read as follows: 
‘‘(ii) the amount of funds remaining 
after each State described in paragraph (1) 
receives the 1.785-percent allocation under 
this paragraph.’’; and 
(4) in section 797, by striking ‘‘2011’’ and in-
serting ‘‘2016’’. 
SEC. 129. LOAN GUARANTEES FOR PROJECTS TO CON-
STRUCT RENEWABLE FUEL PIPELINES. 
(a) DEFINITIONS.—Section 1701 of the Energy Pol-
icy Act of 2005 (42 U.S.C. 16511) is amended by adding 
at the end the following: 
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17382) is amended in the first sentence by striking ‘‘en-
actment’’ and inserting ‘‘the date of enactment of this 
Act’’. 
(d) REFERENCE.—Section 1306(c)(3) of the Energy 
Independence and Security Act of 2007 (42 U.S.C. 
17386(c)(3)) is amended by striking ‘‘section 1307 (para-
graph (17) of section 111(d) of the Public Utility Regu-
latory Policies Act of 1978)’’ and inserting ‘‘paragraph 
(19) of section 111(d) of the Public Utility Regulatory 
Policies Act of 1978 (16 U.S.C. 2621(d))’’. 
(e) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect as if included in 
the Energy Independence and Security Act of 2007 (Pub-
lic Law 110–140; 121 Stat. 1492). 
SEC. 162. TECHNICAL CORRECTIONS TO ENERGY POLICY 
ACT OF 2005. 
(a) 
TITLE
I—ENERGY
EFFICIENCY.—Section 
325(g)(8)(C)(ii) of the Energy Policy and Conservation 
Act (42 U.S.C. 6295(g)(8)(C)(ii)) (as added by section 
135(c)(2)(B) of the Energy Policy Act of 2005) is amend-
ed by striking ‘‘20°F’’ and inserting ‘‘¥20°F’’. 
(b) EFFECTIVE DATE.—This section and the amend-
ments made by this section take effect as if included in 
the Energy Policy Act of 2005 (Public Law 109–58; 119 
Stat. 594). 
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the revolving loan fund as the Secretary shall pro-
vide in regulations. 
‘‘(3) APPLICATION.—Each State seeking a 
grant under the Program shall submit to the Sec-
retary an application therefor in such form and in 
such manner as the Secretary considers appropriate. 
‘‘(4) EVALUATION.—The Secretary shall evalu-
ate and prioritize an application submitted by a 
State for a grant under the Program on the basis 
of— 
‘‘(A) the description of the revolving loan 
fund to be established with the grant and how 
such revolving loan fund will achieve the pur-
poses described in subsection (a); 
‘‘(B) whether the State will be able to pro-
vide loans from the revolving loan fund to small 
or medium-sized manufacturers before the date 
that is 120 days after the date on which the 
State receives the grant; 
‘‘(C) a description of how the State will 
administer the revolving loan fund in coordina-
tion with other State and Federal programs, in-
cluding programs administered by the Assistant 
Secretary for Economic Development; 
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et seq.), or other law to obtain information, carry out en-
forcement actions, or otherwise carry out the responsibil-
ities of the Federal Energy Regulatory Commission.’’. 
SEC. 353. INSPECTOR GENERAL OF THE COMMODITY FU-
TURES TRADING COMMISSION. 
(a) ELEVATION OF OFFICE.— 
(1) INCLUSION OF CFTC IN DEFINITION OF ES-
TABLISHMENT.— 
(A) Section 12(1) of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by 
striking ‘‘or the Federal Cochairpersons of the 
Commissions established under section 15301 
of title 40, United States Code;’’ and inserting 
‘‘the Federal Cochairpersons of the Commis-
sions established under section 15301 of title 
40, United States Code; or the Chairman of the 
Commodity Futures Trading Commission;’’. 
(B) Section 12(2) of the Inspector General 
Act of 1978 (5 U.S.C. App.) is amended by 
striking ‘‘or the Commissions established under 
section 15301 of title 40, United States Code,’’ 
and inserting ‘‘the Commissions established 
under section 15301 of title 40, United States 
Code, or the Commodity Futures Trading Com-
mission,’’. 
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