datamatters24/research-document-archive huggingface dataset:
HR 6899 RDS
‘‘(A) the additional generation from a 
modification that is placed in service on or after 
January 1, 2001, to expand electricity produc-
tion at a facility used to generate electric en-
ergy from a renewable energy resource; 
‘‘(B) the additional generation above the 
average generation in the 3 years preceding the 
date of enactment of this section at a facility 
used to generate electric energy from a renew-
able energy resource or to cofire biomass that 
was placed in service before the date of enact-
ment of this section: or 
‘‘(C) the portion of the electric generation 
from a facility placed in service on or after Jan-
uary 1, 2001, or a modification to a facility 
placed in service before the date of enactment 
of this section made on or after January 1, 
2001, associated with cofiring biomass. 
‘‘(10) RETAIL ELECTRIC SUPPLIER.—(A) The 
term ‘retail electric supplier’ means a person that 
sells electric energy to electric consumers (other 
than consumers in Hawaii) that sold not less than 
1,000,000 megawatt-hours of electric energy to elec-
tric consumers for purposes other than resale during 
the preceding calendar year. For purposes of this 
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(2) This section shall not apply to depot con-
tracts or contracts for depot maintenance as pro-
vided in sections 2469 and 2474 of title 10, United 
States Code. 
(c) TREATMENT OF CONVERSION.—The conversion 
of any activity or function of the Department of Defense 
under the authority provided by this section shall be cred-
ited toward any competitive or outsourcing goal, target, 
or measurement that may be established by statute, regu-
lation, or policy and is deemed to be awarded under the 
authority of, and in compliance with, subsection (h) of sec-
tion 2304 of title 10, United States Code, for the competi-
tion or outsourcing of commercial activities. 
(TRANSFER OF FUNDS) 
SEC. 8015. Funds appropriated in title III of this Act 
for the Department of Defense Pilot Mentor-Protege Pro-
gram may be transferred to any other appropriation con-
tained in this Act solely for the purpose of implementing 
a Mentor-Protege Program developmental assistance 
agreement pursuant to section 831 of the National De-
fense Authorization Act for Fiscal Year 1991 (Public Law 
101–510; 10 U.S.C. 2302 note), as amended, under the 
authority of this provision or any other transfer authority 
contained in this Act. 
SEC. 8016. None of the funds in this Act may be 
available for the purchase by the Department of Defense
IV 
House Calendar No. 182 
110TH CONGRESS 
2D SESSION 
H. RES. 832 
[Report No. 110–517] 
Honoring the Texas Water Development Board on its selection as a recipient 
of the Environmental Protection Agency’s 2007 Clean Water State Re-
volving Fund Performance and Innovation Award. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2007 
Ms. EDDIE BERNICE JOHNSON of Texas (for herself, Mr. EDWARDS, Mr. 
LAMPSON, Mr. HINOJOSA, Mr. GONZALEZ, Mr. ORTIZ, Ms. GRANGER, 
Mr. BURGESS, Mr. GENE GREEN of Texas, Mr. PAUL, and Mr. REYES) 
submitted the following resolution; which was referred to the Committee 
on Transportation and Infrastructure 
JANUARY 28, 2008 
Additional sponsors: Ms. JACKSON-LEE of Texas, Mr. BARTON of Texas, and 
Mr. MARCHANT 
JANUARY 28, 2008 
Referred to the House Calendar and ordered to be printed 
RESOLUTION 
Honoring the Texas Water Development Board on its selec-
tion as a recipient of the Environmental Protection Agen-
cy’s 2007 Clean Water State Revolving Fund Perform-
ance and Innovation Award. 
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(and its departments and agencies) of welded shipboard 
anchor and mooring chain 4 inches in diameter and under 
unless the anchor and mooring chain are manufactured 
in the United States from components which are substan-
tially manufactured in the United States: Provided, That 
for the purpose of this section manufactured will include 
cutting, heat treating, quality control, testing of chain and 
welding (including the forging and shot blasting process): 
Provided further, That for the purpose of this section sub-
stantially all of the components of anchor and mooring 
chain shall be considered to be produced or manufactured 
in the United States if the aggregate cost of the compo-
nents produced or manufactured in the United States ex-
ceeds the aggregate cost of the components produced or 
manufactured outside the United States: Provided further, 
That when adequate domestic supplies are not available 
to meet Department of Defense requirements on a timely 
basis, the Secretary of the service responsible for the pro-
curement may waive this restriction on a case-by-case 
basis by certifying in writing to the Committees on Appro-
priations that such an acquisition must be made in order 
to acquire capability for national security purposes. 
SEC. 8017. None of the funds available to the De-
partment of Defense may be used to demilitarize or dis-
H. R. 6—415
portion of the total nuclear decommissioning costs with respect 
to such nuclear power plant previously excluded for such 
nuclear power plant under subsection (d)(2)(A) as in effect 
immediately before the date of the enactment of this subsection. 
‘‘(2) DEDUCTION FOR AMOUNTS TRANSFERRED.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(C), the deduction allowed by subsection (a) for any transfer 
permitted by this subsection shall be allowed ratably over 
the remaining estimated useful life (within the meaning 
of subsection (d)(2)(A)) of the nuclear power plant beginning 
with the taxable year during which the transfer is made. 
‘‘(B) DENIAL OF DEDUCTION FOR PREVIOUSLY DEDUCTED 
AMOUNTS.—No deduction shall be allowed for any transfer 
under this subsection of an amount for which a deduction 
was previously allowed to the taxpayer (or a predecessor) 
or a corresponding amount was not included in gross 
income of the taxpayer (or a predecessor). For purposes 
of the preceding sentence, a ratable portion of each transfer 
shall be treated as being from previously deducted or 
excluded amounts to the extent thereof. 
‘‘(C) TRANSFERS OF QUALIFIED FUNDS.—If— 
‘‘(i) any transfer permitted by this subsection is 
made to any Fund to which this section applies, and 
‘‘(ii) such Fund is transferred thereafter, 
any deduction under this subsection for taxable years 
ending after the date that such Fund is transferred shall 
be allowed to the transferor for the taxable year which 
includes such date. 
‘‘(D) SPECIAL RULES.— 
‘‘(i) GAIN OR LOSS NOT RECOGNIZED ON TRANSFERS 
TO FUND.—No gain or loss shall be recognized on any 
transfer described in paragraph (1). 
‘‘(ii) TRANSFERS
OF
APPRECIATED
PROPERTY
TO 
FUND.—If appreciated property is transferred in a 
transfer described in paragraph (1), the amount of 
the deduction shall not exceed the adjusted basis of 
such property. 
‘‘(3) NEW RULING AMOUNT REQUIRED.—Paragraph (1) shall 
not apply to any transfer unless the taxpayer requests from 
the Secretary a new schedule of ruling amounts in connection 
with such transfer. 
‘‘(4) NO BASIS IN QUALIFIED FUNDS.—Notwithstanding any 
other provision of law, the taxpayer’s basis in any Fund to 
which this section applies shall not be increased by reason 
of any transfer permitted by this subsection.’’. 
(2) NEW RULING AMOUNT TO TAKE INTO ACCOUNT TOTAL 
COSTS.—Subparagraph (A) of section 468A(d)(2) (defining ruling 
amount) is amended to read as follows: 
‘‘(A) fund the total nuclear decommissioning costs with 
respect to such power plant over the estimated useful life 
of such power plant, and’’. 
(c) NEW RULING AMOUNT REQUIRED UPON LICENSE RENEWAL.—
Paragraph (1) of section 468A(d) (relating to request required) is 
amended by adding at the end the following new sentence: ‘‘For 
purposes of the preceding sentence, the taxpayer shall request 
a schedule of ruling amounts upon each renewal of the operating 
license of the nuclear powerplant.’’.
324 
HR 3221 PCS
‘‘(2) GUIDANCE.—Each year, the Administrator 
of the Environmental Protection Agency shall issue 
guidance identifying the makes and model numbers 
of vehicles that are low greenhouse gas emitting ve-
hicles. In identifying such vehicles, the Adminis-
trator shall take into account the most stringent 
standards for vehicle greenhouse gas emissions ap-
plicable to and enforceable against motor vehicle 
manufacturers for vehicles sold anywhere in the 
United States. The Administrator shall not identify 
any vehicle as a low greenhouse gas emitting vehicle 
if the vehicle emits greenhouse gases at a higher 
rate than such standards allow for the manufactur-
er’s fleet average grams per mile of carbon dioxide- 
equivalent emissions for that class of vehicle, taking 
into account any emissions allowances and adjust-
ment factors such standards provide. 
‘‘(3) DEFINITION.—For purposes of this sub-
section, the term ‘medium duty passenger vehicle’ 
has the meaning given that term section 523.2 of 
title 49 of the Code of Federal Regulations.’’. 
SEC. 6202. AGENCY ANALYSES FOR MOBILITY ACQUISI-
TIONS. 
(a) COST ESTIMATE REQUIREMENT.—Each Federal 
agency that owns, operates, maintains, or otherwise funds 
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HR 3221 PCS
infrastructure, assets, or personnel to provide delivery of 
fuel to its operations shall apply activity based cost ac-
counting principles to estimate the fully burdened cost of 
fuel. 
(b) USE OF COST ESTIMATE.—Each agency shall use 
the fully burdened cost of fuel, as estimated under sub-
section (a), in conducting analyses and making decisions 
regarding its activities that create a demand for energy. 
Such analyses and decisions shall include— 
(1) the use of models, simulations, wargames, 
and other analytical tools to determine the types of 
energy consuming equipment that an agency needs 
to conduct its missions; 
(2) life-cycle cost benefit analyses and other 
trade-off analyses for determining the cost effective-
ness of measures that improve the energy efficiency 
of an agency’s equipment and systems; 
(3) analyses and decisions conducted or made 
by others for the agency; and 
(4) procurement and acquisition source selec-
tion criteria, requests for proposals, and best value 
determinations. 
(c) REVISION OF ANALYTICAL TOOLS.—If a Federal 
agency employs models, simulations, wargames, or other 
analytical tools that require substantial upgrades to enable 
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HR 3221 PCS
those tools to be used in compliance with this section, the 
agency shall complete such necessary upgrades not later 
than 4 years after the date of enactment of this Act. 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘fully burdened cost of fuel’’ means the commodity 
price for the fuel plus the total cost of all personnel and 
assets required to move and, where applicable, protect, the 
fuel from the point at which the fuel is received from the 
commercial supplier to the point of use. 
SEC. 6203. FEDERAL PROCUREMENT OF ENERGY EFFI-
CIENT PRODUCTS. 
(a) AMENDMENTS.—Section 553 of the National En-
ergy Conservation Policy Act (42 U.S.C. 8259b) is amend-
ed— 
(1) in subsection (b)(1), by inserting ‘‘in a 
product category covered by the Energy Star pro-
gram or the Federal Energy Management Program 
for designated products’’ after ‘‘energy consuming 
product’’; and 
(2) in subsection (c)— 
(A) by inserting ‘‘list in their catalogues, 
represent as available, and’’ after ‘‘Logistics 
Agency shall’’; and 
(B) by striking ‘‘where the agency’’ and in-
serting ‘‘where the head of the agency’’. 
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HR 3221 PCS
(b) CATALOGUE LISTING DEADLINE.—Not later than 
9 months after the date of enactment of this Act, the Gen-
eral Services Administration and the Defense Logistics 
Agency shall ensure that the requirement in the amend-
ment made under subsection (a)(2)(A) has been fully com-
plied with. 
SEC. 6204. FEDERAL BUILDING ENERGY EFFICIENCY PER-
FORMANCE STANDARDS. 
(a) STANDARDS.—Section 305(a)(3) of the Energy 
Conservation and Production Act (42 U.S.C. 6834(a)(3)) 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(D) Not later than 1 year after the date of enact-
ment of the Carbon-Neutral Government Act of 2007, the 
Secretary shall establish, by rule, revised Federal building 
energy efficiency performance standards that require that: 
‘‘(i) For new Federal buildings and Federal 
buildings undergoing major renovations, with respect 
to which the Adminstrator of General Services is re-
quired to transmit a prospectus to Congress under 
section 3307 of title 40, United States Code, in the 
case of public buildings (as defined in section 3301 
of title 40, United States Code), or of at least 
$2,500,000 in costs adjusted annually for inflation 
for other buildings: 
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‘‘(I) The buildings shall be designed so 
that the fossil fuel-generated energy consump-
tion of the buildings is reduced, as compared 
with such energy consumption by a similar 
building in fiscal year 2003 (as measured by 
Commercial Buildings Energy Consumption 
Survey or Residential Energy Consumption 
Survey data from the Energy Information 
Agency), by the percentage specified in the fol-
lowing table: 
‘‘Fiscal Year 
Percentage Reduction
2010 .......................................................................
2015 .......................................................................
2020 .......................................................................
2025 .......................................................................
2030 .......................................................................
100. 
‘‘(II) Sustainable design principles shall be 
applied to the siting, design, and construction 
of such buildings. Not later than 60 days after 
the date of enactment of the Carbon-Neutral 
Government Act of 2007, the Secretary, in con-
sultation with the Administrator of General 
Services, and in consultation with the Secretary 
of Defense for considerations relating to those 
facilities under the custody and control of the 
Department of Defense, shall identify a certifi-
cation system and level for green buildings that 
the Secretary determines to be the most likely 
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HR 3221 PCS
to encourage a comprehensive and environ-
mentally-sound approach to certification of 
green buildings. The identification of the certifi-
cation system and level shall be based on the 
criteria specified in clause (ii) and shall achieve 
results at least comparable to the United States 
Green Building Council Leadership in Energy 
and Environmental Design silver level. Within 
60 days of the completion of each study re-
quired by clause (iii), the Secretary, in con-
sultation with the Administrator of General 
Services, and in consultation with the Secretary 
of Defense for considerations relating to those 
facilities under the custody and control of the 
Department of Defense, shall review and update 
the certification system and level, taking into 
account the conclusions of such study. 
‘‘(ii) In identifying the green building certifi-
cation system and level, the Secretary shall take into 
consideration— 
‘‘(I) the ability and availability of assessors 
and auditors to independently verify the criteria 
and measurement of metrics at the scale nec-
essary to implement this subparagraph; 
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HR 3221 PCS
‘‘(II) the ability of the applicable certifi-
cation organization to collect and reflect public 
comment; 
‘‘(III) the ability of the standard to be de-
veloped and revised through a consensus-based 
process; 
‘‘(IV) an evaluation of the robustness of 
the criteria for a high-performance green build-
ing, which shall give credit for promoting— 
‘‘(aa) efficient and sustainable use of 
water, energy, and other natural resources; 
‘‘(bb) use of renewable energy sources; 
‘‘(cc) improved indoor environmental 
quality through enhanced indoor air qual-
ity, thermal comfort, acoustics, day light-
ing, pollutant source control, and use of 
low-emission materials and building system 
controls; and 
‘‘(dd) such other criteria as the Sec-
retary determines to be appropriate; and 
‘‘(V) national recognition within the build-
ing industry. 
‘‘(iii) At least once every five years, the Admin-
istrator of General Services shall conduct a study to 
evaluate and compare available third-party green 
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H. R. 6—416
(d) CONFORMING AMENDMENT.—Section 468A(e)(3) (relating to 
review of amount) is amended by striking ‘‘The Fund’’ and inserting 
‘‘Except as provided in subsection (f), the Fund’’. 
(e) TECHNICAL AMENDMENTS.—Section 468A(e)(2) (relating to 
taxation of Fund) is amended— 
(1) by striking ‘‘rate set forth in subparagraph (B)’’ in 
subparagraph (A) and inserting ‘‘rate of 20 percent’’, 
(2) by striking subparagraph (B), and 
(3) by redesignating subparagraphs (C) and (D) as subpara-
graphs (B) and (C), respectively. 
(f) EFFECTIVE DATE.—The amendments made by this section 
shall apply to taxable years beginning after December 31, 2005. 
SEC. 1311. FIVE-YEAR NET OPERATING LOSS CARRYOVER FOR CER-
TAIN LOSSES. 
Paragraph (1) of section 172(b) (relating to net operating loss 
carrybacks and carryovers) is amended by adding at the end the 
following new subparagraph: 
‘‘(I) TRANSMISSION PROPERTY AND POLLUTION CONTROL 
INVESTMENT.— 
‘‘(i) IN GENERAL.—At the election of the taxpayer 
in any taxable year ending after December 31, 2005, 
and before January 1, 2009, in the case of a net oper-
ating loss in a taxable year ending after December 
31, 2002, and before January 1, 2006, there shall be 
a net operating loss carryback to each of the 5 years 
preceding the taxable year of such loss to the extent 
that such loss does not exceed 20 percent of the sum 
of electric transmission property capital expenditures 
and pollution control facility capital expenditures of 
the taxpayer for the taxable year preceding the taxable 
year in which such election is made. 
‘‘(ii) LIMITATIONS.—For purposes of this sub-
section— 
‘‘(I) not more than one election may be made 
under clause (i) with respect to any net operating 
loss in a taxable year, and 
‘‘(II) an election may not be made under clause 
(i) for more than 1 taxable year beginning in any 
calendar year. 
‘‘(iii) COORDINATION
WITH
ORDERING
RULE.—For 
purposes of applying subsection (b)(2), the portion of 
any loss which is carried back 5 years by reason of 
clause (i) shall be treated in a manner similar to the 
manner in which a specified liability loss is treated. 
‘‘(iv) APPLICATION FOR ADJUSTMENT.—In the case 
of any portion of a net operating loss to which an 
election under clause (i) applies, an application under 
section 6411(a) with respect to such loss shall not 
fail to be treated as timely filed if filed within 24 
months after the due date specified under such section. 
‘‘(v) SPECIAL
RULES
RELATING
TO
REFUND.—For 
purposes of a net operating loss to which an election 
under clause (i) applies, references in sections 6501(h), 
6511(d)(2)(A), and 6611(f)(1) to the taxable year in 
which such net operating loss arises or result in a
331 
HR 3221 PCS
building certification systems and levels, taking into 
account the criteria listed in clause (ii). 
‘‘(iv) The Secretary may by rule allow Federal 
agencies to develop internal certification processes, 
using certified professionals, in lieu of certification 
by the certification entity identified under clause 
(i)(II). The Secretary shall include in any such rule 
guidelines to ensure that the certification process re-
sults in buildings meeting the applicable certification 
system and level identified under clause (i)(II). An 
agency employing an internal certification process 
must continue to obtain external certification by the 
certification entity identified under clause (i)(II) for 
at least 5 percent of the total number of buildings 
certified annually by the agency. 
‘‘(v) With respect to privatized military hous-
ing, the Secretary of Defense, after consultation 
with the Secretary may, through rulemaking, develop 
alternative criteria to those established by subclauses 
(I) and (II) of clause (i) that achieve an equivalent 
result in terms of energy savings, sustainable design, 
and green building performance. 
‘‘(vi) In addition to any use of water conserva-
tion technologies otherwise required by this section, 
water conservation technologies shall be applied to 
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pose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, 
.22 caliber rifles, .30 caliber rifles, or M–1911 pistols. 
SEC. 8018. No more than $500,000 of the funds ap-
propriated or made available in this Act shall be used dur-
ing a single fiscal year for any single relocation of an orga-
nization, unit, activity or function of the Department of 
Defense into or within the National Capital Region: Pro-
vided, That the Secretary of Defense may waive this re-
striction on a case-by-case basis by certifying in writing 
to the congressional defense committees that such a relo-
cation is required in the best interest of the Government. 
SEC. 8019. In addition to the funds provided else-
where in this Act, $8,000,000 is appropriated only for in-
centive payments authorized by section 504 of the Indian 
Financing Act of 1974 (25 U.S.C. 1544): Provided, That 
a prime contractor or a subcontractor at any tier that 
makes a subcontract award to any subcontractor or sup-
plier as defined in section 1544 of title 25, United States 
Code, or a small business owned and controlled by an indi-
vidual or individuals defined under section 4221(9) of title 
25, United States Code, shall be considered a contractor 
for the purposes of being allowed additional compensation 
under section 504 of the Indian Financing Act of 1974 
(25 U.S.C. 1544) whenever the prime contract or sub-
contract amount is over $500,000 and involves the ex-