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Sec. 1402. Availability of funds.
Sec. 1403. Cost sharing.
Sec. 1404. Merit review of proposals.
Sec. 1405. External technical review of departmental programs.
Sec. 1406. Improved coordination and management of civilian science and tech-
nology programs.
Sec. 1407. Improved coordination of technology transfer activities.
Sec. 1408. Technology infrastructure program.
Sec. 1409. Small business advocacy and assistance.
Sec. 1410. Other transactions.
Sec. 1411. Mobility of scientific and technical personnel.
Sec. 1412. National Academy of Sciences report.
Sec. 1413. Report on technology readiness and barriers to technology transfer.
Sec. 1414. United States-Mexico energy technology cooperation.
TITLE XV—PERSONNEL AND TRAINING
Sec. 1501. Workforce trends and traineeship grants.
Sec. 1502. Postdoctoral and senior research fellowships in energy research.
Sec. 1503. Training guidelines for electric energy industry personnel.
Sec. 1504. National Center on Energy Management and Building Technologies.
Sec. 1505. Improved access to energy-related scientific and technical careers.
Sec. 1506. National power plant operations technology and education center.
Sec. 1507. Federal mine inspectors.
DIVISION F—TECHNOLOGY ASSESSMENT AND STUDIES
TITLE XVI—TECHNOLOGY ASSESSMENT
Sec. 1601. National Science and Technology Assessment Service.
TITLE XVII—STUDIES
Sec. 1701. Regulatory reviews.
Sec. 1702. Assessment of dependence of State of Hawaii on oil.
Sec. 1703. Study of siting an electric transmission system on Amtrak right-of-
way.
Sec. 1704. Updating of insular area renewable energy and energy efficiency
plans.
Sec. 1705. Consumer Energy Commission.
Sec. 1706. Study of natural gas and other energy transmission infrastructure
across the great lakes.
Sec. 1707. National Academy of Sciences study of procedures for selection and as-
sessment of certain routes for shipment of spent nuclear fuel
from research nuclear reactors.
Sec. 1708. Report on energy savings and water use.
Sec. 1709. Report on research on hydrogen production and use.
DIVISION G—ENERGY INFRASTRUCTURE SECURITY
TITLE XVIII—CRITICAL ENERGY INFRASTRUCTURE
Subtitle A—Department of Energy Programs
Sec. 1801. Definitions.
Sec. 1802. Role of the Department of Energy.
Sec. 1803. Critical energy infrastructure programs.
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Sec. 1804. Advisory Committee on Energy Infrastructure Security.
Sec. 1805. Best practices and standards for energy infrastructure security.
Subtitle B—Department of the Interior Programs
Sec. 1811. Outer Continental Shelf energy infrastructure security.
DIVISION H—ENERGY TAX INCENTIVES
Sec. 1900. Short title; etc.
TITLE XIX—EXTENSION AND MODIFICATION OF RENEWABLE
ELECTRICITY PRODUCTION TAX CREDIT
Sec. 1901. Three-year extension of credit for producing electricity from wind and
poultry waste.
Sec. 1902. Credit for electricity produced from biomass.
Sec. 1903. Credit for electricity produced from swine and bovine waste nutrients,
geothermal energy, and solar energy.
Sec. 1904. Treatment of persons not able to use entire credit.
Sec. 1905. Credit for electricity produced from small irrigation power.
Sec. 1906. Credit for electricity produced from municipal biosolids and recycled
sludge.
TITLE XX—ALTERNATIVE MOTOR VEHICLES AND FUELS
INCENTIVES
Sec. 2001. Alternative motor vehicle credit.
Sec. 2002. Modification of credit for qualified electric vehicles.
Sec. 2003. Credit for installation of alternative fueling stations.
Sec. 2004. Credit for retail sale of alternative fuels as motor vehicle fuel.
Sec. 2005. Small ethanol producer credit.
Sec. 2006. All alcohol fuels taxes transferred to Highway Trust Fund.
Sec. 2007. Increased flexibility in alcohol fuels tax credit.
Sec. 2008. Incentives for biodiesel.
Sec. 2009. Credit for taxpayers owning commercial power takeoff vehicles.
Sec. 2010. Modifications to the incentives for alternative vehicles and fuels.
TITLE XXI—CONSERVATION AND ENERGY EFFICIENCY PROVISIONS
Sec. 2101. Credit for construction of new energy efficient home.
Sec. 2102. Credit for energy efficient appliances.
Sec. 2103. Credit for residential energy efficient property.
Sec. 2104. Credit for business installation of qualified fuel cells and stationary
microturbine power plants.
Sec. 2105. Energy efficient commercial buildings deduction.
Sec. 2106. Allowance of deduction for qualified new or retrofitted energy manage-
ment devices.
Sec. 2107. Three-year applicable recovery period for depreciation of qualified en-
ergy management devices.
Sec. 2108. Energy credit for combined heat and power system property.
Sec. 2109. Credit for energy efficiency improvements to existing homes.
Sec. 2110. Allowance of deduction for qualified new or retrofitted water sub-
metering devices.
Sec. 2111. Three-year applicable recovery period for depreciation of qualified
water submetering devices.
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TITLE XXII—CLEAN COAL INCENTIVES
Subtitle A—Credit for Emission Reductions and Efficiency Improvements in
Existing Coal-based Electricity Generation Facilities
Sec. 2201. Credit for production from a qualifying clean coal technology unit.
Subtitle B—Incentives for Early Commercial Applications of Advanced Clean
Coal Technologies
Sec. 2211. Credit for investment in qualifying advanced clean coal technology.
Sec. 2212. Credit for production from a qualifying advanced clean coal tech-
nology unit.
Subtitle C—Treatment of Persons Not Able To Use Entire Credit
Sec. 2221. Treatment of persons not able to use entire credit.
TITLE XXIII—OIL AND GAS PROVISIONS
Sec. 2301. Oil and gas from marginal wells.
Sec. 2302. Natural gas gathering lines treated as 7-year property.
Sec. 2303. Expensing of capital costs incurred in complying with environmental
protection agency sulfur regulations.
Sec. 2304. Environmental tax credit.
Sec. 2305. Determination of small refiner exception to oil depletion deduction.
Sec. 2306. Marginal production income limit extension.
Sec. 2307. Amortization of geological and geophysical expenditures.
Sec. 2308. Amortization of delay rental payments.
Sec. 2309. Study of coal bed methane.
Sec. 2310. Extension and modification of credit for producing fuel from a non-
conventional source.
Sec. 2311. Natural gas distribution lines treated as 15-year property.
TITLE XXIV—ELECTRIC UTILITY RESTRUCTURING PROVISIONS
Sec. 2401. Ongoing study and reports regarding tax issues resulting from future
restructuring decisions.
Sec. 2402. Modifications to special rules for nuclear decommissioning costs.
Sec. 2403. Treatment of certain income of cooperatives.
Sec. 2404. Sales or dispositions to implement Federal Energy Regulatory Com-
mission or State electric restructuring policy.
Sec. 2405. Application of temporary regulations to certain output contracts.
Sec. 2406. Treatment of certain development income of cooperatives.
TITLE XXV—ADDITIONAL PROVISIONS
Sec. 2501. Extension of accelerated depreciation and wage credit benefits on In-
dian reservations.
Sec. 2502. Study of effectiveness of certain provisions by GAO.
Sec. 2503. Credit for production of Alaska natural gas.
Sec. 2504. Sale of gasoline and diesel fuel at duty-free sales enterprises.
Sec. 2505. Treatment of dairy property.
Sec. 2506. Clarification of excise tax exemptions for agricultural aerial applica-
tors.
Sec. 2507. Modification of rural airport definition.
Sec. 2508. Exemption from ticket taxes for transportation provided by seaplanes.
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DIVISION I—IRAQ OIL IMPORT RESTRICTION
TITLE XXVI—IRAQ OIL IMPORT RESTRICTION
Sec. 2601. Short title and findings.
Sec. 2602. Prohibition on Iraqi-origin petroleum imports.
Sec. 2603. Termination/Presidential certification.
Sec. 2604. Humanitarian interests.
Sec. 2605. Definitions.
Sec. 2606. Effective date.
DIVISION J—MISCELLANEOUS
TITLE XXVII—MISCELLANEOUS PROVISION
Sec. 2701. Fair treatment of Presidential judicial nominees.
DIVISION A—RELIABLE AND DI-
VERSE POWER GENERATION
AND TRANSMISSION
TITLE I—REGIONAL
COORDINATION
SEC. 101. POLICY ON REGIONAL COORDINATION.
(a) STATEMENT OF POLICY.—It is the policy of the
Federal Government to encourage States to coordinate, on
a regional basis, State energy policies to provide reliable
and affordable energy services to the public while mini-
mizing the impact of providing energy services on commu-
nities and the environment.
(b) DEFINITION OF ENERGY SERVICES.—For purposes
of this section, the term ‘‘energy services’’ means—
(1) the generation or transmission of electric en-
ergy,
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(2) the transportation, storage, and distribution
of crude oil, residual fuel oil, refined petroleum prod-
uct, or natural gas, or
(3) the reduction in load through increased effi-
ciency, conservation, or load control measures.
SEC. 102. FEDERAL SUPPORT FOR REGIONAL COORDINA-
TION.
(a) TECHNICAL ASSISTANCE.—The Secretary of En-
ergy shall provide technical assistance to States and re-
gional organizations formed by two or more States to assist
them in coordinating their energy policies on a regional
basis. Such technical assistance may include assistance
in—
(1) identifying the areas with the greatest energy
resource potential, and assessing future supply avail-
ability and demand requirements,
(2) planning, coordinating, and siting addi-
tional energy infrastructure, including generating fa-
cilities, electric transmission facilities, pipelines, re-
fineries, and distributed generation facilities to maxi-
mize the efficiency of energy resources and infrastruc-
ture and meet regional needs with the minimum ad-
verse impacts on the environment,
(3) identifying and resolving problems in dis-
tribution networks,
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(4) developing plans to respond to surge demand
or emergency needs, and
(5) developing renewable energy, energy effi-
ciency, conservation, and load control programs.
(b) ANNUAL CONFERENCE ON REGIONAL ENERGY CO-
ORDINATION.—
(1) ANNUAL
CONFERENCE.—The Secretary of
Energy shall convene an annual conference to pro-
mote regional coordination on energy policy and in-
frastructure issues.
(2) PARTICIPATION.—The Secretary of Energy
shall invite appropriate representatives of Federal,
State, and regional energy organizations, and other
interested parties.
(3) STATE
AND
FEDERAL
AGENCY
COOPERA-
TION.—The Secretary of Energy shall consult and co-
operate with State and regional energy organizations,
the Secretary of the Interior, the Secretary of Agri-
culture, the Secretary of Commerce, the Secretary of
the Treasury, the Chairman of the Federal Energy
Regulatory Commission, the Administrator of the En-
vironmental Protection Agency, and the Chairman of
the Council on Environmental Quality in the plan-
ning and conduct of the conference.
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(4) AGENDA.—The Secretary of Energy, in con-
sultation with the officials identified in paragraph
(3) and participants identified in paragraph (2),
shall establish an agenda for each conference that pro-
motes regional coordination on energy policy and in-
frastructure issues.
(5) RECOMMENDATIONS.—Not later than 60 days
after the conclusion of each annual conference, the
Secretary of Energy shall report to the President and
the Congress recommendations arising out of the con-
ference that may improve—
(A) regional coordination on energy policy
and infrastructure issues, and
(B) Federal support for regional coordina-
tion.
TITLE II—ELECTRICITY
Subtitle A—Amendments to the
Federal Power Act
SEC. 201. DEFINITIONS.
(a) DEFINITION
OF
ELECTRIC
UTILITY.—Section
3(22) of the Federal Power Act (16 U.S.C. 796(22)) is
amended to read as follows:
‘‘(22) ‘electric utility’ means any person or Fed-
eral or State agency (including any municipality)
that sells electric energy; such term includes the Ten-
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nessee Valley Authority and each Federal power mar-
keting agency.’’.
(b) DEFINITION OF TRANSMITTING UTILITY.—Section
3(23) of the Federal Power Act (16 U.S.C. 796(23)) is
amended to read as follows:
‘‘(23) TRANSMITTING UTILITY.—The term ‘trans-
mitting utility’ means an entity (including any enti-
ty described in section 201(f)) that owns or operates
facilities used for the transmission of electric energy
in—
‘‘(A) interstate commerce; or
‘‘(B) for the sale of electric energy at whole-
sale.’’.
SEC. 202. ELECTRIC UTILITY MERGERS.
Section 203(a) of the Federal Power Act (16 U.S.C.
824b) is amended to read as follows:
‘‘(a)(1) No public utility shall, without first having se-
cured an order of the Commission authorizing it to do so—
‘‘(A) sell, lease, or otherwise dispose of the whole
of its facilities subject to the jurisdiction of the Com-
mission, or any part thereof of a value in excess of
$10,000,000,
‘‘(B) merge or consolidate, directly or indirectly,
such facilities or any part thereof with the facilities
of any other person, by any means whatsoever,
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‘‘(C) purchase, acquire, or take any security of
any other public utility, or
‘‘(D) purchase, lease, or otherwise acquire exist-
ing facilities for the generation of electric energy un-
less such facilities will be used exclusively for the sale
of electric energy at retail.
‘‘(2) No holding company in a holding company sys-
tem that includes a transmitting utility or an electric util-
ity company shall purchase, acquire, or take any security
of, or, by any means whatsoever, directly or indirectly,
merge or consolidate with a transmitting utility, an electric
utility company, a gas utility company, or a holding com-
pany in a holding company system that includes a trans-
mitting utility, an electric utility company, or a gas utility
company, without first having secured an order of the Com-
mission authorizing it to do so.
‘‘(3) Upon application for such approval the Commis-
sion shall give reasonable notice in writing to the Governor
and State commission of each of the States in which the
physical property affected, or any part thereof, is situated,
and to such other persons as it may deem advisable.
‘‘(4) After notice and opportunity for hearing, the
Commission shall approve the proposed disposition, consoli-
dation, acquisition, or control, if it finds that the proposed
transaction—
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‘‘(A) will be consistent with the public interest;
‘‘(B) will not adversely affect the interests of con-
sumers of electric energy of any public utility that is
a party to the transaction or is an associate company
of any party to the transaction;
‘‘(C) will not impair the ability of the Commis-
sion or any State commission having jurisdiction
over any public utility that is a party to the trans-
action or an associate company of any party to the
transaction to protect the interests of consumers or the
public; and
‘‘(D) will not lead to cross-subsidization of asso-
ciate companies or encumber any utility assets for the
benefit of an associate company.
‘‘(5) The Commission shall, by rule, adopt procedures
for the expeditious consideration of applications for the ap-
proval of dispositions, consolidations, or acquisitions under
this section. Such rules shall identify classes of transactions,
or specify criteria for transactions, that normally meet the
standards established in paragraph (4), and shall require
the Commission to grant or deny an application for ap-
proval of a transaction of such type within 90 days after
the conclusion of the hearing or opportunity to comment
under paragraph (4). If the Commission does not act within
90 days, such application shall be deemed granted unless
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the Commission finds that further consideration is required
to determine whether the proposed transaction meets the
standards of paragraph (4) and issues one or more orders
tolling the time for acting on the application for an addi-
tional 90 days.
‘‘(6) For purposes of this subsection, the terms ‘asso-
ciate company’, ‘electric utility company’, ‘gas utility com-
pany’, ‘holding company’, and ‘holding company system’
have the meaning given those terms in the Public Utility
Holding Company Act of 2003.’’.
SEC. 203. MARKET-BASED RATES.
(a) APPROVAL OF MARKET-BASED RATES.—Section
205 of the Federal Power Act (16 U.S.C. 824d) is amended
by adding at the end the following:
‘‘(h) The Commission may determine whether a mar-
ket-based rate for the sale of electric energy subject to the
jurisdiction of the Commission is just and reasonable and
not unduly discriminatory or preferential. In making such
determination, the Commission shall consider such factors
as the Commission may deem to be appropriate and in the
public interest, including to the extent the Commission con-
siders relevant to the wholesale power market—
‘‘(1) market power;
‘‘(2) the nature of the market and its response
mechanisms; and
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‘‘(3) reserve margins.’’.
(b) REVOCATION OF MARKET-BASED RATES.—Section
206 of the Federal Power Act (16 U.S.C. 824e) is amended
by adding at the end the following:
‘‘(f) Whenever the Commission, after a hearing had
upon its own motion or upon complaint, finds that a rate
charged by a public utility authorized to charge a market-
based rate under section 205 is unjust, unreasonable, un-
duly discriminatory or preferential, the Commission shall
determine the just and reasonable rate and fix the same by
order.’’.
SEC. 204. REFUND EFFECTIVE DATE.
Section 206(b) of the Federal Power Act (16 U.S.C.
824e(b)) is amended by—
(1) striking ‘‘the date 60 days after the filing of
such complaint nor later than 5 months after the ex-
piration of such 60-day period’’ in the second sen-
tence and inserting ‘‘the date of the filing of such
complaint nor later than 5 months after the filing of
such complaint’’;
(2) striking ‘‘60 days after’’ in the third sentence
and inserting ‘‘of’’; and
(3) striking ‘‘expiration of such 60-day period’’
in the third sentence and inserting ‘‘publication
date’’.